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Healthy Eating in Obese Adults
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The teaching experience was aimed at improving awareness about healthy eating in obese adults. Apart from the information on healthy eating habits, the participants received comprehensive information about obesity, including its potential risks, causes, and management. Overall, the teaching experience was positive and received favorable reviews from the students. However, there were some limitations that could be addressed in similar interventions in the future. The present essay will seek to reflect on the teaching experience and evaluate its strengths and weaknesses.
Summary of the Teaching Plan
The teaching plan included three sessions between 60 and 90 minutes long. Each session focused on a separate topic connected to obesity or healthy eating. The first session sought to introduce the topic by providing information about obesity, its prevalence, diagnostics, treatment, and the risk factors associated with obesity. The teacher also initiated a discussion, inviting students to talk about how their health may be connected to their weight. At the end of the session, all participants completed a questionnaire with multiple-choice questions, which aimed to assess their understanding of the information provided.
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The second session explored the causes of obesity and its connection to a person’s diet and physical activity. For instance, this session outlined the different types of healthy and unhealthy products and explained their influence on health and weight management. The teacher also presented various examples of healthy and unhealthy meals, outlining the differences between them. As part of the discussion, the participants were asked to describe their last meal and evaluate whether it was healthy or unhealthy. After the session, the participants also received a test with multiple-choice questions, which was based on the information provided by the teacher.
Lastly, the final session aimed to provide students with tips and strategies for improving their diet. For example, the teacher suggested simple steps that could help them to make home-cooked meals healthier, such as replacing sugar with artificial sweeteners, adding less cooking oil, and baking foods instead of frying them. The teacher also offered recommendations for grocery shopping, determining ingredients that could help to distinguish between unhealthy foods and their healthy alternatives. The participants were invited to share their experience with any of the recommended strategies during the discussion. Moreover, four volunteers gave small presentations on their personal strategies for improving the diet. In the final 15 minutes of the session, the participants completed a questionnaire designed to test their knowledge of the recommendations provided by the teacher.
Epidemiological Rationale for the Topic
Obesity is a prevalent problem in most developed countries of the world. According to Hales, Carroll, Fryar, and Ogden (2017), obesity is highly widespread in America, with an overall prevalence of 39.8% in adults. However, the incidence of obesity is connected to age and racial background. Hales et al. (2017) note that “the prevalence among adults aged 40–59 (42.8%) was higher than among adults aged 20–39 (35.7%)” (p. 1). Among all races, Hispanic adults are the most likely to be obese, followed by African American and white American populations (Hales et al., 2017). The high prevalence of obesity shapes its influence on the American healthcare sector. The annual medical cost of obesity in the United States is $147 billion (CDC, 2018). Therefore, the topic choice was based on three factors. First of all, the prevalence of obesity is high, and thus it is critical to address the issue. Secondly, obesity increases racial disparities in health conditions by contributing to the disease burden of specific populations. Lastly, obesity prompts for increased medical expenditures, thus also affecting the American economy.
Evaluation of the Teaching Experience
The evaluation of the course consisted of two steps. After the last session, the participants were given a survey form, which addressed their opinion on the classes and the teacher. The survey consisted of 10 statements, each of which could be rated on a Likert scale. An additional questionnaire was completed by the participants one month after the course. This questionnaire evaluated the changes in weight, eating habits, and awareness about obesity as a result of the intervention.
On the whole, the classes were reviewed positively in both assessments. The results of the first survey indicated that the course had a good structure and that the teacher was helpful and inspiring. For example, 43 of the 56 participants (76.8%) strongly agreed with Statement 4: ” The classes were interesting and informative, and the information from the course will be useful in my weight loss journey”. Also, the vast majority of the participants (87.5%) strongly agreed with Statement 8: “The teacher was effective in facilitating a positive discussion and motivating every person to participate in it”. Thus, both the teacher and the course received excellent feedback from the students.
The second survey also produced some positive results. For instance, the majority of the students (89.3%) stated that their understanding of healthy eating had improved as a result of the classes. Most participants also reported that they had lost some weight after improving their eating habits (73.2%). However, almost half of the students reported that it was difficult for them to maintain a healthy diet (46.4%). The reason for this might not be related to the quality of the course, as many overweight people struggle to change their eating habits.
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Community Response to Teaching
After the initial advertisement for the course at the local community church, more than 70 people were interested in joining it. However, after the timing of the lessons was clarified, only 56 people enrolled. This is a good result for a three-week community health program, given that the attendance rates were extremely high, with a maximum of 1 or 2 people absent. The people who enrolled in the course were all either overweight or obese, and most shared that they have very limited knowledge of healthy eating strategies.
After each of the sessions, some of the participants would express their gratitude for the information provided by the teacher, as well as the discussion. The students also agreed that group discussions were one of the most useful features of the course, as it distinguished it from other medical education interventions in the community. All in all, the participants had a positive attitude towards the course and the teacher, showed excellent attendance rates, and were satisfied with the amount and scope of information provided.
Strengths and Weaknesses
Based on the results of the evaluation and the community response, the key strength of the teaching experience was the use of social constructivist learning theory. As noted by Thomas, Menon, Boruff, Rodriguez, and Ahmed (2014), classes based on social constructivist theory can help the participants to gain meaningful knowledge that informs their future behaviors and practices. Therefore, by ensuring devoting a significant part of each class to discussions and facilitating active communication between the participants, the teacher contributed to the effectiveness of the intervention.
Another strength of the course was that it was based on clinical guidelines. Jensen et al. (2013) recommend diet as the first-line treatment of obesity, which is why the course was focused on developing healthy eating habits, and the participants lost weight as a result of following the suggestions. Finally, the structure of the course was highly effective, as it balanced instruction on the key subtopics in obesity and healthy eating with discussions and practical exercises. This helped to ensure that the participants understand the information and are capable of using it to enhance their life and health.
Nevertheless, the course also had some limitations. Most importantly, it did not address the psychological reasons for overeating and did not provide strategies for reducing cravings or avoiding binge eating, which made it difficult for many participants to adhere to the recommendations. Also, the course targeted a broad population instead of focusing on high-risk people. In future educational interventions, it would be useful to include psychological strategies for maintaining a healthy diet and tailor the intervention for high-risk populations in order to achieve the greatest effect.
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Conclusion
Overall, the teaching experience was highly successful and received positive feedback from the participants. It also showed the effectiveness of applying social constructivist theory to community-based educational interventions. Future courses on obesity and healthy eating should address the psychological challenges associated with changes in dietary habits, which could make it easier for the participants to adhere to the proposed weight loss strategies. In addition, high-risk patients would benefit from a targeted approach, which is why medical professionals should try to involve Hispanic and African American populations in similar courses.
References
Centers for Disease Control and Prevention (CDC). (2018). Adult obesity facts. Web.
Fock, K. M., & Khoo, J. (2013). Diet and exercise in management of obesity and overweight. Journal of Gastroenterology and Hepatology, 28(4), 59-63.
Hales, C. M., Carroll, M. D., Fryar, C. D., & Ogden, C. L. (2017). Prevalence of obesity among adults and youth: United States, 2015-2016. NCHS Data Brief, 288(1), 1-8.
Jensen, M. D., Ryan, D. H., Apovian, C. M., Ard, J. D., Comuzzie, A. G., Donato, K. A.,… Yanovski, S. Z. (2014). 2013 AHA/ACC/TOS guideline for the management of overweight and obesity in adults: A report of the American College of Cardiology/American Heart Association task force on practice guidelines and the Obesity Society. Journal of the American College of Cardiology, 63(25-B), 2985-3023.
Office of Disease Prevention and Health Promotion (ODPHP). (2018). Nutrition and weight status. Web.
Thomas, A., Menon, A., Boruff, J., Rodriguez, A. M., & Ahmed, S. (2014). Applications of social constructivist learning theories in knowledge translation for healthcare professionals: A scoping review. Implementation Science, 9(1), 54-73.
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NursingBird. (2021, July 27). Healthy Eating in Obese Adults. Retrieved from https://nursingbird.com/healthy-eating-in-obese-adults/
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NursingBird. (2021, July 27). Healthy Eating in Obese Adults. https://nursingbird.com/healthy-eating-in-obese-adults/
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"Healthy Eating in Obese Adults." NursingBird, 27 July 2021, nursingbird.com/healthy-eating-in-obese-adults/.
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NursingBird. (2021) 'Healthy Eating in Obese Adults'. 27 July.
References
NursingBird. 2021. "Healthy Eating in Obese Adults." July 27, 2021. https://nursingbird.com/healthy-eating-in-obese-adults/.
1. NursingBird. "Healthy Eating in Obese Adults." July 27, 2021. https://nursingbird.com/healthy-eating-in-obese-adults/.
Bibliography
NursingBird. "Healthy Eating in Obese Adults." July 27, 2021. https://nursingbird.com/healthy-eating-in-obese-adults/. | ESSENTIALAI-STEM |
The Best Fall Cookbooks
What to Cook Sam Sifton emails readers of Cooking five days a week to talk about food and suggest recipes. That email also appears here. To receive it in your inbox, register here. Good morning and welcome to the new cookbook season, which our Food reporters are celebrating in print and online today with our Cookbook Issue, a compendium of all the best new titles and recipes we could find on the shelves this fall. Of course, there are recipes, and we’ll get to them soon enough. Before we do, though, please make sure to read Kim Severson’s luminous profile of Alton Brown, which sees the television chef at a crossroads, hanging around his Georgia man cave and considering the future. Read, too, Melissa Clark’s delightful examination of the British food writer Diana Henry, who has been on a tear of late, publishing excellent cookbook after excellent cookbook. Both articles come with recipes, naturally: for Mr. Brown’s arctic char burger and his breakfast carbonara, and for Ms. Henry’s tuna and white bean casserole, lamb rib chops with dates, feta, sumac and tahini, and sweet potatoes with yogurt and chile. Tejal Rao filed a terrific primer on the latest trend in cookbook aesthetics — simple and modern. It comes with recipes as well: a one-pot spaghetti dinner with tomatoes and kale from “A Modern Way to Cook” by Anna Jones, and a Swiss chard slab pie from Kristin Donnelly’s “Modern Potluck.” Check out Sara Bonisteel’s article on “Land of Fish and Rice” by Fuchsia Dunlop and “All Under Heaven” by Carolyn Phillips. And then cook: Shanghai noodles and bok choy, chicken congee, moo shu pork. Also: David Tanis on Naomi Duguid’s “Taste of Persia” and her recipe for Baku fish kebabs with pomegranate-coriander sauce. Here’s Florence Fabricant on “Eat in My Kitchen” by Meike Peters and “Mozza at Home” by Nancy Silverton. It comes with a fine recipe for a Mozza staff meal of oven-roasted chicken thighs, and another for Ms. Peters’s sautéed endives with balsamic butter and marjoram. The presents keep coming! Oliver Strand dives into “Everything I Want to Eat” from the Los Angeles chef Jessica Koslow, and delivers recipes for sticky toffee whole-wheat date cake and for a socca with shredded vegetables. And Sara has a second article looking at “My Two Souths” by Asha Gomez; she delivers Ms. Gomez’s recipe for weeknight fancy chicken and rice along with it. Here’s Christine Muhlke on Naomi Pomeroy’s cookbook “Taste and Technique,” which comes with a recipe for fennel gratin. And Margaux Laskey on “Poole’s: Recipes and Stories From a Modern Diner” by Ashley Christensen, with her recipes for hummingbird cake and a broccoli salad with Cheddar, bacon, grapes and pecans. Emily Weinstein helps round out the table with a look at Marcus Samuelsson’s “The Red Rooster Cookbook” and his recipe for the short ribs he cooked for President Obama. That’s a lot of new recipes for you! Of course, on a Wednesday night in late September, you may not want a recipe at all. Join us instead for a no-recipe recipe for a tomato salad that we hacked out of Gabrielle Hamilton’s exquisite and bossy “Prune” this weekend. Get the best beefsteak or heirloom tomatoes you can find at the market today. (And they’re still out there!) Cut them into thick planks and arrange them prettily on a platter. Heat some good salted butter in a pan until it is foamy and about to brown, then pour it all over the tomatoes. Sprinkle some sea salt over the top and serve with bread. It’s legit the best meal imaginable for this time of the year. Or take a spin through Cooking to find something else. And if you run into trouble, reach out for help: cookingcare@nytimes.com. We want you to be happy. See you on Friday. cooking cooking cooking | NEWS-MULTISOURCE |
Talaat Moustafa Files Complaint Against Fakharany, Ahram Says
Talaat Moustafa Group Holding filed
a complaint with the public prosecutor against Hamdy El
Fakharany, a private citizen, accusing him of spreading
“rumours that negatively impact” company shareholders, Al
Ahram reported, without saying how it received the information. The complaint stated that Fakharany cited data and figures
about the company without having any evidence, the Cairo-based
newspaper said. To contact the reporter on this story:
Ola Galal in Cairo at
ogalal@bloomberg.net . To contact the editor responsible for this story:
Stephen Voss at
sev@bloomberg.net . | NEWS-MULTISOURCE |
Talk:Nokia 105 (2017)
RE: This article may rely excessively on sources too closely associated with the subject, potentially preventing the article from being verifiable and neutral. (September 2017)
The product manufacturers webpage is certainly "verifiable and neutral", no claims are made on the wiki to prevent neutrality. | WIKI |
A. Edward Maumenee
Alfred Edward Maumenee Jr. (September 19, 1913 in Mobile, Alabama – January 18, 1998 in Point Clear, Alabama) was an American ophthalmologist who pioneered treatments for retinal diseases, macular degeneration and glaucoma and was a leading surgeon for corneal transplants and cataracts.
Maumenee received his A.B from the University of Alabama and his M.D. from Cornell Medical College in 1938. He studied at Johns Hopkins's Wilmer Eye Institute under Alan C. Woods and was a resident in ophthalmology from 1942 to 1943. After a tour of duty in the U. S. Navy from 1943 to 1945, he returned to Johns Hopkins as an associate professor. In 1948 he left the Wilmer Eye Institute to head the division of ophthalmology at Stanford Medical School and remained there until 1955 when he returned to the Wilmer Eye Institute as its director. He continued as the institute's director until his retirement in 1979. In 1968 he was one of the founders of the National Eye Institute.
An 8-story building and an endowed professorship are named for him at the Wilmer Institute, and he received many awards for his achievements in research, writing and teaching.
"These achievements include the following: initial description of the immunological nature of corneal graft rejection; discovery of new diseases, such as congenital corneal dystrophies; and enhanced methods of surgery for cataract, corneal transplantation, glaucoma filtration, strabismus, congenital glaucoma, congenital cataract, postoperative hypotonia, epithelial invasion of the anterior chamber, and numerous others. Moreover, he was the first to describe and popularize the use of fluorescein angiography and clearly delineated the major types of macular degeneration well before anyone else considered this an important group of diseases. The number of his articles on these and other subjects exceeds 350 ..."
Awards and honors
* 1969 — Howe Medal of the American Ophthalmological Society
* 1972 — Francis I. Proctor Research Medal of the Association for Research in Vision and Ophthalmology
* 1982 — Gonin Medal of the International Council of Ophthalmology
* 1985 — Pisart Vision Award of Lighthouse International
* 1986 — International Duke-Elder Medal of the International Council of Ophthalmology | WIKI |
Wikipedia:Articles for deletion/Border jack
The result was merge to List of dog hybrids. Spartaz Humbug! 17:25, 11 May 2011 (UTC)
Border jack
* – ( View AfD View log )
Unreferenced for over a year; only one approaching reliable I can find is two sentences long. — anndelion ❋ 09:36, 17 April 2011 (UTC)
* Note: This debate has been included in the list of Organisms-related deletion discussions. — anndelion ❋ 09:39, 17 April 2011 (UTC)
* Delete When result in a news search gives you "...border. Jack...", you know you have notability problems. Unverifiable and unremarkable. Dennis Brown (talk) 19:39, 17 April 2011 (UTC)
* I certainly agree that identifiability is fundamental to notability. However, I think the word here with "border. Jack" is "confounded". Using the previous respondent's example, i.e., the one that introduces this page for "news", I persisted to page six and found a good reference. I than added the word "dog" to the search and found more refs and added two of them to the article. Here are the three that were just added to the article:
* Unscintillating (talk) 01:39, 11 May 2011 (UTC)
* Unscintillating (talk) 01:39, 11 May 2011 (UTC)
* Unscintillating (talk) 01:39, 11 May 2011 (UTC)
* Unscintillating (talk) 01:39, 11 May 2011 (UTC)
* Keep - Run a regular Google search and you'll see instantly that there IS such a thing as a "Border Jack." This is a terrible little stub, but the copious hits lead me to believe that this stub should stand, that there are probably third-party sources out there... Tag it and keep it. Carrite (talk) 01:19, 18 April 2011 (UTC)
* I know this cross exists, but there are no reliable sources longer than two sentences available. I'm not sure I agree with keeping an article because there are probably reliable sources covering it -- none of the google hits are suitable references, and a lot of false positives are generated. I've just tagged it in case the consensus is to keep. — anndelion ❋ 01:29, 18 April 2011 (UTC)
Please add new comments below this notice. Thanks, Ron Ritzman (talk) 00:01, 24 April 2011 (UTC)
* Keep: Verifiable --Reference Desker (talk) 10:25, 23 April 2011 (UTC)
* I linked to the first in my rationale/"nominating" statement, and the results in the second don't give any information at all; a passing mention in the news in a completely separate context doesn't make something notable. I have yet to find any reliable resources that say more than the minimum (in one case, two sentences). – anna 10:50, 23 April 2011 (UTC)
* Comment - I'm pretty sure that linking to search results doesn't verify notability. The articles within the searches you provided only seemed to mention the "breed" in a passing fashion, far from the significant coverage required by general notability guidelines. No one questions the fact that the cross-breed exists, the question is whether or not it is notable or at least, an excepted breed within the industry. The only way to establish that is with reliable sources that provide significant coverage, which doesn't seem to exist. Dennis Brown (talk) 18:47, 23 April 2011 (UTC)
* Relisted to generate a more thorough discussion so a clearer consensus may be reached.
* Comment- Procedurally, when you want to remove cross-contamination from search results, remove intermediary spacing; "borderjack" -wikipedia has far less clutter, and brings this to the top; not significant coverage, but if considered WP:RS will solve 'unreferenced'; species of plants and animals are presumed WP:N regardless - the only hurdle is whether that extends to dog cross breeds, especially ones with less history. Dru of Id (talk) 01:31, 24 April 2011 (UTC)
* Dog Breed Info Center isn't really reliable -- it's primarily a haven for breeders who want to advertise, and propagates a lot of misinformation -- but it has a high Google pagerank, so mirrors have popped up. They have pages on many, many mixes, most of them less detailed than even the Border Jack one (which is saying something), so I'm not sure that can be used as evidence of the cross' notability.
* This is not an interspecific or even intersubspecific hybrid, so that's not really a valid comparison. There are well over 600 dog breeds, but if we only take the 50 most popular, that gives you 1,225 potential mixes. I think letting this one stay is a slippery slope: if "it has two sentences in a reliable book -- it's notable!" is considered a valid rationale, we'll be inundated with two-sentence stubs. – anna 03:00, 24 April 2011 (UTC)
* Comment - Borrowing a line from yours from AfD Talk, here is a more expansive reasoning for my KEEP vote above: Here's the root of the problem: "Species are notable, sure, and de facto all separate, established breeds are as well, but there's nothing addressing crossbreeds." In my view certain of these "crossbreeds" have likely attained critical mass in terms of popular recognition as established types of dogs — Notable Neologisms, if you will. Borderjack seems to me to have more or less attained that mark. Honest people may differ in that assessment, which is what AfD is about — figuring out a consensus. By the way, the golden retriever "breed" was created as a cross-breed between yellow labs, an extinct breed of spaniel, and bloodhounds. That's how breeds are made... Carrite (talk) 16:04, 2 May 2011 (UTC) Inserted here: 16:13, 2 May 2011 (UTC)
* See, for example: Goldendoodle. Carrite (talk) 16:20, 2 May 2011 (UTC)
* Replied to your first message at Wikipedia talk:Articles for deletion. How is the Goldendoodle relevant to this discussion? They have reached the critical mass you speak of -- media coverage, entire books dedicated, coverage in dog encyclopedias, etc. They certainly pass the general notability guideline. On the other hand, this cross does not, and that's what my issue is with the article. Like I said below to someone, I really am interested in seeing other reliable sources if they exist. "Significant" coverage requires more than two sentences in a "for dummies" book, I would think. – anna 16:41, 2 May 2011 (UTC)
Please add new comments below this notice. Thanks, Firsfron of Ronchester 09:29, 3 May 2011 (UTC)
* Keep - This article is about a dog breed. It only needs to be expanded. -Porchcrop (talk 09:51, 24 April 2011 (UTC)
* Oh dear. Crossbreeds are not breeds and those standards do not apply. Read Dog breed. – anna 21:01, 24 April 2011 (UTC)
* Redirect - to List of dog hybrids. As of now it seems no information can be found beyond a basic sentence or two--this would be a logical choice to hold this information for the less notable hybrid breeds. Yaksar (let's chat) 15:40, 25 April 2011 (UTC)
* Keep - needs expanison. not deletion.--BabbaQ (talk) 18:45, 30 April 2011 (UTC)
* Would you be willing to expand upon why the subject is notable? A rationale would be appreciated. – anna 19:47, 30 April 2011 (UTC)
* Delete or redirect to List of dog hybrids. This is a ridiculous sub-stub with not much chance that it will ever grow beyond, at most, stub size. Clearly fails WP:GNG. From an organisational point of view it just doesn't make sense to cover this on a separate page. That's how an encyclopedia differs from a dictionary. And no, a hybrid between races is not the same as a species. The species of all dogs is canis lupus (i.e. grey wolf). Hans Adler 16:15, 1 May 2011 (UTC)
* Merge/redirect to List of dog hybrids. There does not appear to be significant coverage of this hybrid out there, hence GNG is not satisfied. Okay as a list entry, but not as a standalone article. BryanG (talk) 00:12, 2 May 2011 (UTC)
* Merge to List of dog hybrids seems the most appropriate course of action here. ArcAngel (talk) ) 00:29, 2 May 2011 (UTC)
* Comment -- failed previous AfD: Articles_for_deletion/Borderjack – anna 12:52, 2 May 2011 (UTC)
* Delete and possibly redirect to List of dog hybrids. I am strongly against any kind of "merge", as the source article is wholly unsourced. coccyx bloccyx (toccyx) 20:32, 2 May 2011 (UTC)
* Relisted to generate a more thorough discussion so a clearer consensus may be reached.
* Keep Evidently notable being covered in multiple books. Our editing policy is to keep and develop stubs, not to delete them. Colonel Warden (talk) 23:26, 9 May 2011 (UTC)
* One book, not multiple, unless you've found something that I have not. – anna 22:34, 10 May 2011 (UTC)
* Keep, no merge, no redirect Reliable references are referring to this crossbreed. I just added three newspapers. This crossbreed is notable enough to be considered a "designer breed" or a "Designer Dog". I am opposed to redirect or merge, as an editor after a merge or redirect may then delete the material from the target article. Unscintillating (talk) 02:15, 11 May 2011 (UTC)
* Being considered a 'designer dog' requires no notability at all. That said, none of the references you or Colonel Warden have added provide significant coverage -- a brief mention doesn't qualify, I would think. They mention the cross and say nothing beyond that, other than the book I linked to earlier. – anna 10:52, 11 May 2011 (UTC)
| WIKI |
Ganglion Cyst
What are ganglion cysts?
Ganglion cysts are common lumps or mass in the hand which are generally not cancerous and are not harmful. They occur in a number of parts of the hand but mostly develop on the back side of the wrist. These fluid-filled cysts may change size, appear and disappear at a very fast pace. Many of these lumps do not require drastic action, but if they are painful, are unsightly, or if they interfere with function, a number of treatments can help.
These lumps develop out of a joint and grow out of the tissues nearby a joint like ligaments, joint linings and tendon sheaths. Inside them is a dense, slippery fluid, just like the liquid that lubricates your joints. Ganglion cysts may crop up in a number of joints in the hand and wrist, such as the top and bottom of the wrist, the end joint of a finger and at the finger’s base. These lumps have different sizes and generally become larger as the activity of the wrist increases. Resting can help decrease the size of the lumps in some cases.
What Causes a Ganglion Cyst?
What the reasons why ganglion cysts form are not completely understood, they generally develop at the end joint of fingers and are typically associated with arthritis of in the finger joint. These types of cysts are more common in females between ages 40 to 70, although some men so suffer from them as well. It is also a common condition suffered by gymnasts because of the constant pressure applied to their wrists as they train and compete.
Symptoms of Ganglion Cysts
Most ganglion cysts are a large lump, but they start as smaller ones which may not be visible. Even though several ganglion cysts do not have any outward signs, if a cyst exerts pressure on the nerves near the joint it may give way to pain, tingling or muscle weakness. Large cysts, even if painless, may have an effect on the looks of the fingers or joints that are impacted.
Surgical Removal of Ganglion Cysts in Charlotte
The way to remove a ganglion cyst is known as an excision and generally includes getting rid of the cyst as well as part of the joint capsule involved or tendon sheath, considered the root of the ganglion. This is an outpatient treatment and most of the patients can leave for home after some observation time. Some people want to avoid surgery and drain the ganglion cyst. This is possible but it is important to note that the cyst is likely to come back in this scenario.
You may experience some discomfort, tenderness, as well as swelling after surgery and general activities can typically be resumed two to six weeks afterward surgery.
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Rodney McCray
Rodney McCray may refer to:
* Rodney McCray (basketball), basketball player who played in the NBA for several teams
* Rodney McCray (baseball), baseball player best known for crashing through the outfield wall of Civic Stadium in Portland, Oregon | WIKI |
README file for the Papenmeier Driver ===================================== Version 2.1 (October 2001) Copyright ========= This driver is copyrighted under the GNU Lesser General Public License. It is free software. See the file 'LICENSE-LGPL' for more details. Feel free to send your comments and to report bugs (if any :)) to us at august.hoerandl@gmx.at or heimo.schoen@gmx.at Supported Hardware ================== This driver is supposed to work with all the Papenmeier Terminals. The driver is able to autodetect the connected terminal. Connection ========== This driver supports serial and USB communication. Running the Driver ================== To compile and run BRLTTY, please refer to the documentation about BRLTTY itself. One note though: when BRLTTY starts, it will display on the screen some copyright stuff, current configuration (model and firmware version setup) and the device in use. That information may be useful if nothing happens with the braille terminal. Key Bindings and Status Cells ============================= The driver is fully configurable - all key bindings and the status cells can be fully programmed: The configuration can be done by - changing the default configuration in the source file brl-cfg.h any changes will be distributed to the online help during compile - edit the config file /etc/brltty/brltty-pm.conf; don't forget to supply a fitting help file If you don't want to use the config file you can safely remove the config file /etc/brltty/brltty-pm.conf and use the compiled in defaults. By default the driver is compiled with the READ_CONFIG symbol defined. Without this symbols the code to read the config file won't be compiled into the driver which yields a driver with a much smaller size. Help File: ========== The online help is generated from the compiled in defaults - it uses the same syntax as the config file to give the user a short overview of the status cells and the keymapping. By default the help command is mapped to the key on the first status cell. Config File =========== The configuration file may include the definitions for several terminals. Look at Papenmeier/brltty-pm.conf and the Papenmeier/*.hlp files for examples. Syntax: # Comment to the end of line name = value you can use 'is' instead of '='; actually you don't have to write '=', 'is' or 'and' at all. The following lines are equivalent: name = val name is val name val Start a new terminal definition: identification = NUMBER the number is the code returned by the terminal on identification request; this starts a new terminal defintion - no need to change this info Info about the terminal - Name and size of the terminal: terminal = "String to describe the Terminal" helpfile = "brltty-pm1.hlp" # name of the helpfile displaysize = 40 # number of cells statuscells = 0 # number of status cells (horizontal or vertical) frontkeys = 9 # number of keys on the front of the terminal haseasybar # terminal has an easybar (EL types) Terminal settings: Statusdisplay settings: there are different display modes: flag: left half: line number, right half: no/all bits set - used with vertical status cells horiz: two digits on the vertical status-display number: display two digits in one cell (status on horiz.display) example: status 4 = horiz cursorcol status 6 = flag tracking a list of the possible info to display (see brl.h and/or Papenmeier/hlp.auto.h) current - current line number row - cursor position - row col - cursor position - column tracking - cursor tracking dispmode - dispmode (text / attribut) frozen - screen frozen visible - cursor visible size - cursor size blink - cursor blink capitalblink - capital letter blink dots - 6 or 8 dots sound - sound skip - skip identical lines underline - attribute underlining blinkattr - blinking of attribute underlining Key definition: status NUMBER - key on status cell front NUMBER - key on the front side of the terminal routing - one of the routing keys is pressed easy DESCR - easy bar key DESCR may be: left, left2, up, up2, down, down2, right, right2 switch NUMBER - switches on the left and right side of the display; numbered from 1 (leftmost switch up) to 8 (rightmost switch down) Modifier key settings: any key can be defined as a modifier (like the shift or alt key on the standard keyboard). Input mode: during inputmode the modifier keys are used to input the 8 dots of a character. Attention: the modifiers keys are used to simulate the different dots, so INPUTMODE or INPUTMODE OFF should be mapped to a single key. Commandkey settings: list of definitions: command = key command = modifier and key The command is executed on keypress; if you specify only modifiers the command is executed when the first modifier is released. For commands which toggle a setting it is possible to add ON or OFF to the command to define a predictable state change command ON = command OFF = A list of the possible commands (the following list is sometimes out of date - see brldefs.h and/or Papenmeier/hlp.auto.h for the actual values), the names may be used with or without the leading CMD_: NOOP - do nothing LNUP - go up one line LNDN - go down one line WINUP - go up several lines WINDN - go down several lines PRDIFLN - go up to line with different content NXDIFLN - go down to line with different content ATTRUP - go up to line with different attributes ATTRDN - go down to line with different attributes PRBLNKLN - go to last line of previous paragraph NXBLNKLN - go to first line of next paragraph PRSEARCH - search up for content of cut buffer NXSEARCH - search down for content of cut buffer TOP - go to top line BOT - go to bottom line TOP_LEFT - go to top-left corner BOT_LEFT - go to bottom-left corner CHRLT - go left one character CHRRT - go right one character HWINLT - go left one half window HWINRT - go right one half window FWINLT - go left one full window FWINRT - go right one full window FWINLTSKIP - go left to non-blank window FWINRTSKIP - go right to non-blank window LNBEG - go to beginning of line LNEND - go to end of line HOME - go to cursor BACK - go to last motion CSRJMP - route cursor to top-left corner of braille window CSRJMP_VERT - route cursor to top line of window CUT_BEG - cut text from top-left corner of braille window CUT_END - cut text to bottom-right corner of braille window PASTE - insert cut buffer at cursor FREEZE - freeze/unfreeze screen DISPMD - toggle display attributes/text SIXDOTS - toggle text style 6-dot/8-dot SLIDEWIN - toggle sliding window on/off SKPIDLNS - toggle skipping of identical lines on/off SKPBLNKWINS - toggle skipping of blank windows on/off CSRVIS - toggle cursor visibility on/off CSRHIDE_QK - toggle quick hide of cursor CSRTRK - toggle cursor tracking on/off CSRSIZE - toggle cursor style underline/block CSRBLINK - toggle cursor blinking on/off ATTRVIS - toggle attribute underlining on/off ATTRBLINK - toggle attribute blinking on/off CAPBLINK - toggle capital letter blinking on/off SND - toggle sound on/off HELP - display driver help INFO - display status summary PREFMENU - present preferences menu PREFSAVE - save preferences PREFLOAD - reload preferences SAY - speak current line SAYALL - speak rest of screen MUTE - stop speaking immediately SPKHOME - goto current/last speech position SWITCHVT_PREV - switch to previous virtual terminal SWITCHVT_NEXT - switch to next virtual terminal RESTARTBRL - reinitialize braille driver RESTARTSPEECH - reinitialize speech driver INPUTMODE - toggle input mode Values to be used in combination with "routing": names may be used with or without the leading CR_: ROUTEOFFSET - route cursor to character BEGBLKOFFSET - define the beginning of a block ENDBLKOFFSET - define the end of a block SWITCHVT - switch virtual terminal NXINDENT - find next line not more indented than routing key indicates PRINDENT - find previous line not more indented than routing key indicates MSGATTRIB - message attributes of character Special commands to send keystrokes, the names may be used with or without the leading VPK_: RETURN - send RETURN key TAB - send TAB key BACKSPACE - send BACKSPACE key ESCAPE - send ESCAPE key CURSOR_LEFT - send CURSOR_LEFT key CURSOR_RIGHT - send CURSOR_RIGHT key CURSOR_UP - send CURSOR_UP key CURSOR_DOWN - send CURSOR_DOWN key PAGE_UP - send PAGE_UP key PAGE_DOWN - send PAGE_DOWN key HOME - send HOME key END - send END key INSERT - send INSERT key DELETE - send DELETE key FUNCTION - send FUNCTION key | ESSENTIALAI-STEM |
The Haggadah for a New Generation
Front Burner “The Jewish Journey Haggadah” features recipes along with the texts for the Passover Seder. Here’s a very complete Haggadah, the book that contains the texts for the Passover Seder, with the passages in English, Hebrew and transliteration. There are also sections adapted for children. And since the Seder is a meal, you’ll need recipes. There are 11 of them, not so traditional, for a Sephardic haroseth with dried fruit; matzo balls with leeks, chives and ginger; and even matzo s’mores. “The Jewish Journey Haggadah: Connecting the Generations” by Rabbanit Adena Berkowitz (Gefen Publishing House, $29.95). Follow NYT Food on Twitter and NYT Cooking on Instagram, Facebook and Pinterest. Get regular updates from NYT Cooking, with recipe suggestions, cooking tips and shopping advice. | NEWS-MULTISOURCE |
User:LBird BASc/sandbox/ATK/Seminar6/Evidence/Evidence in the Media
Evidence in Mass Media
The function of mass media is to deliver information through various platforms. News is a type of media, which aims to broadcast recent events and provide a sense of objectivity. Nevertheless, conflicting evidence can be found in media, where data and facts are manipulated in order to highlight a particular issue or processed in order to fit a certain political propaganda, to promote a party, ideology or conceal an event. Even though people can use the internet to find different sources and evidence regarding an event, mass media such as the news still has a significant influence on people's views. Therefore, interpreting data and information from media outlets can be misleading. Below, examples of these instances in terms of quantitative evidence will be discussed.
Quantitative evidence
Statistics and data is an aspect of evidence that can easily be manipulated in the media. A vivid example is the manipulation of public opinion polls in order to achieve a certain viewpoint in a news report. An example is Ipsos statistics about American opinion on Trump’s immigration policy. Two news magazines published contrasting articles regarding the same data. TIME magazine stated that “Most Americans Don’t Think President Trump’s Immigration Ban Will Make Them Safer”, whilst Breitbart claimed that “ Public overwhelmingly supports Trump push to limit migration.” Thus, different media outlets are able to create their own readings of data in order to appeal to their readers instead of providing accurate and unbiased information.
Alternatively, there can be a manipulation of graphical data. An example is the Fox news report about unemployment levels after Barack Obama became president. A graph shows a steep increasing line, with equal spacing between the dates, even though the time passed between the dates is very different. Therefore, to the viewer it may appear that unemployment levels are constantly rising, whilst in reality they are levelling off. | WIKI |
User:Fernando18/Personal sandbox
360-Degree Feedback
Many companys and organizations use 360-Degree "Feedback" as a method to receive a complete summary of an employee. The term 360 is used because information is collected from "all around", that means peers, supervisors, subordinates, and even customers. In this type of feedback the employee also gives him or herself a self evaluation in order to compare with the 360 feedback results. The 360 method is being utilized more now for various reasons:
* Cost effective and not that expensive
* Easy to access through software or reports
* The effort of improvement is increased in the workplace
* Asisst those employees effected by career plateauing
* Help motivate employees to there maximum potential | WIKI |
Wikipedia:Reference desk/Archives/Language/2023 August 17
= August 17 =
Better and best, but not good
There are two virtually equivalent expressions: " had better " and " had best ". The "had" is often omitted.
Examples: You('d) better go now before your father gets home. I had best eat now as we won't get another chance for 6 hours.
But we never say " had good ". Why is it ok to use better or best, but not good? -- Jack of Oz [pleasantries] 12:39, 17 August 2023 (UTC)
* This is what OED says about the usage: "In Old and Middle English, the comparative adjectives liefer, better, etc., were constructed with be and the dative, e.g. him were better ‘it would be better for him’ (see e.g. better adj. A.4a.i, lief adj. A.1c). Constructions with have and the nominative arose in Middle English, as he had better ‘he would hold or find it better or preferable’. Use with positive and superlative adjectives arose later, as did use with adverbs (apparently from a reinterpretation of liefer, better, etc., in these constructions as adverbs" which may or may not help you. DuncanHill (talk) 12:51, 17 August 2023 (UTC)
* Compare Mark 14:21 in the KJV: "good were it for that man if he had never been born." --Lambiam 21:04, 17 August 2023 (UTC)
* Like the OED, I think that better and best in this idiom have become to be interpreted as adverbs, so one had well wonder why we never say " had well ". --Lambiam 21:07, 17 August 2023 (UTC)
* I think the comparative element is important, which is why " had as well " does occur, though it's rather old fashioned. ColinFine (talk) 22:23, 17 August 2023 (UTC)
Semantic correctness of a phrase
I wonder whether the phrase is semantically correct. Does "vegan" refer to "film"? Leyo 21:29, 17 August 2023 (UTC)
* I think it does, but the punctuation should be "a vegan anti-livestock-farming film". Deor (talk) 21:43, 17 August 2023 (UTC)
* Would probably be better phrased more along the lines of "an anti-livestock-farming film from a vegan perspective". --User:Khajidha (talk) (contributions) 22:09, 17 August 2023 (UTC)
* I agree that this phrase would be linguistically better. My concern above was whether a film may be characterized as "vegan". --Leyo 22:38, 17 August 2023 (UTC)
* It's a sort of shorthand phrasing. It doesn't really make sense to describe a film as being vegan, but the meaning is pretty clear to most fluent speakers. User:Khajidha (talk) (contributions) 23:19, 17 August 2023 (UTC)
* There can be vegan food, and vegan people, but not really a vegan film. HiLo48 (talk) 00:24, 18 August 2023 (UTC)
* I've increasingly seen "vegan" on labels of products other than food, to indicate that no animal products or animal labour were involved in the manufacture. Clothing is a relatively common example. In the case of Dominion 2018 film, the sense is vegan advocacy. Folly Mox (talk) 00:38, 18 August 2023 (UTC)
* (ec) Does "vegan" describe the film (motion picture) or the film (physical medium on which the motion picture is photographed)? If the former then I would take "vegan" to apply to the editorial or artistic position of the motion picture. If the latter, a "vegan film" would be one in which the film stock did not contain any animal-derived product (just as one can buy vegan shoes). To the best of my knowledge all photographic film contains gelatin, so could not be classified as vegan in the sense which I have just suggested. DuncanHill (talk) 00:42, 18 August 2023 (UTC)
* It's the former meaning, i.e., not any materials used to physically produce the film. :-) --Leyo 08:59, 18 August 2023 (UTC)
* Were any fossil fuels used for the energy needed to produce the film? ←Baseball Bugs What's up, Doc? carrots→ 09:52, 18 August 2023 (UTC)
* How is that relevant? I can't see any reference to fossil fuels in the original question, or any of the replies so far. Bazza (talk) 09:55, 18 August 2023 (UTC)
* Maybe you missed Duncan's comments. ←Baseball Bugs What's up, Doc? carrots→ 09:58, 18 August 2023 (UTC)
* I can't find any reference to fossil fuels or energy consumption in DuncanHill's contributions. --Lambiam 21:22, 18 August 2023 (UTC)
* He posed the question of whether a film could literally be vegan. ←Baseball Bugs What's up, Doc? carrots→ 02:29, 19 August 2023 (UTC)
* What does that have to do with fossil fuels? Were you eating strawberries while posting your question? --Lambiam 11:41, 19 August 2023 (UTC)
* Are all fossil fuels derived from plants? Or are some of them derived from animals? If the latter, does the use of them compromise the "vegan" concept? ←Baseball Bugs What's up, Doc? carrots→ 13:10, 19 August 2023 (UTC)
* The vegan lifestyle is an ethical choice, seeking to exclude all forms of exploitation of animals, whether by keeping them captive, breeding them, trading them, killing them, or eating them. It is not a dogmatic religion lending itself well to abuse by casuistry. Wheat flour and other plant-based flours will unavoidably contain some percentage of animal protein, and so will fruits, roots, tubers, beans and nuts. The soil on which edible plants grow is kept healthy by the natural activity of earthworms. Only people opposed to the ethics of veganism will draw the conclusion that vegans are not allowed to eat bread or cabbage. --Lambiam 09:19, 20 August 2023 (UTC)
* My concerns about the phrase "a vegan anti-livestock farming film" would be "in what way is it anti-livestock? And in what way is it a farming film?" I suspect the original author meant "anti livestock-farming". DuncanHill (talk) 00:46, 18 August 2023 (UTC)
* There has been some debate about the wording of the lede in Dominion (2018 film). One option was the phrase above, of which I was unsure whether is it semantically correct. --Leyo 08:59, 18 August 2023 (UTC)
* MOS:PREFIXDASH says it should be anti–livestock farming. Bazza (talk) 09:31, 18 August 2023 (UTC)
* "a vegan anti-livestock farming film" can be interpreted in two ways:
* a vegan film that is against livestock farming
* a vegan farming film that is against livestock
* I think most people will read it in the intended first sense, but the ambiguity is there. -- Random person no 362478479 (talk) 14:41, 18 August 2023 (UTC)
* A way around this would be to rephrase, e.g "a vegan film against/criticizing live stock farming". -- Random person no 362478479 (talk) 14:44, 18 August 2023 (UTC) | WIKI |
Page:The works of Anne Bradstreet in prose and verse.djvu/326
240 A/nie Bradftreet^s Works.
Had not his Captains" fore againll his will
By realbn and by force detained him ftill.
Up then with fpeed a mighty trench he throws [117
For his fecurity againft his foes.
Six yards the depth and forty miles in length,
Some fifty or elfe lixty foot in breadth;
Yet for his brothers coming durft not ftay,
He fafeft'' was when fartheft out of th' way.
Cyrus finding his camp, and no man there,
Was not a little jocund ^ at his fear.
On this he and his Ibuldiers carelefs grow,
And here and there in carts their arms they throw
When fuddenly their fcouts come in and cry.
Arm, Arm, the King with all his hoft is nigh.^
In this confulion each man as he might
Gets on his arms, arrayes himfelf for fight,
And ranged flood by great Eu-phrates fide
The brunt of that huge multitude to 'bide.
Of whofe great numbers their intelligence
Was gather'd by the duft that rofe from thence.
Which like a mighty cloud darkned the sky.
And black and blacker grew, as they drew nigh:
But when their order and their filence faw,
That, more then multitudes their hearts did awe;
For tumult and confufion the}^ expe6led,
And all good difcipline to be neglected.
« a Captain ; " fiireft. / Rejoyced not a little.
? the King is now approaching nigh ;
�� � | WIKI |
Rosa Schapire
Rosa Schapire (9 September 1874 – 1 February 1954) was an Austro-Hungarian-born art historian who lived in Germany and England. She was a model and art owner who gave early recognition to the Die Brücke group of artists.
Life
Rosa Schapire was born in Brody, Galicia (now Ukraine) in 1874. Art historian Shulamith Behr notes in her Jewish Women's Archive article on Schapire that in 1948 Schapire "recalled her childhood memories of the nationalistic and religious divisions between the Poles and the Ruthenians (Ukra[i]nians) in Galicia, which was part of the Habsburg Empire. Here she declared that she was predestined towards internationalism through her birth, upbringing and fate." The daughter of wealthy Jewish parents, she was educated at home, because there were no appropriate educational facilities for her in Brody. In 1893, Schapire moved to Hamburg, which, Behr notes, "as with other regional centers during the Wilhelmine period ... was in the process of forging a sense of modern identity by mobilizing public institutions, traditions and culture." In 1897, she published "Ein Wort zur Frauenemanzipation" ("A word on women’s emancipation") in the journal Sozialistische Monatshefte, in which she argued that women would find freedom "in the society of the future, in the society of socialism." She was one of the first women to receive a degree in art history from a German institution, earning her undergraduate degree from the University of Bern in 1902 and going on to earn a PhD from Heidelberg University in 1904 and to pursue post-graduate studies at Leipzig University.
After her return to Hamburg in 1908, she worked at translation and publishing criticism. She translated Balzac, Zola and the Polish art historian into German. She gave early recognition to the Die Brücke group of artists. She helped found the Frauenbund zur Förderung deutscher bildenden Kunst (Women’s Society for the Advancement of German Art) in 1916.
Schapire was herself a model for different painters. Karl Schmidt-Rottluff of the Brücke group made several portraits of her including one in 1919. Walter Gramatté painted her in 1920. In 1924, she published a catalogue of Karl Schmidt-Rottluff's graphic works.
In 1939, she was able to escape Nazi-dominated Germany for England. There, she contributed to various art journals, such as Architectural Review, Eidos, Connoisseur and . She also assisted Nikolaus Pevsner with collection of material for his series The Buildings of England.
She died in the Tate Gallery in 1954.
Her attempt to donate part of her collection to British museums while she was alive was not well-received and she donated the bulk of her art collection to museums in Germany: Mannheim, Berlin, Altona, Hamburg and Cologne. Other works were sent to museums in Holland, Belgium, New Zealand (Auckland Art Gallery Toi o Tāmaki), Chicago and Tel Aviv with the only British examples available at the Victoria and Albert Museum and Leicester Museum. However, there is one portrait of her by Karl Schmidt-Rottluff in The Tate. | WIKI |
User:TV2424/New sandbox
Flower Mantis
-I want to add a section about mimicry, the author briefly mentions it but I think it would add a lot to the article to make this section
-start out with a definition
-add the link to the wiki article about mimicry for readers to quickly get more information
-why does it mimic the orchid, has this developed over evolutionary time, what strategy does this entail (add wiki link to strategies) | WIKI |
photobiont
Noun
* 1) A photosynthetic symbiont, especially those in symbiosis with fungi in lichen.
Hyponyms
* phycobiont (plants), cyanobiont (cyanobacteria) | WIKI |
Orcbusters
Orcbusters is a 1986 role-playing game adventure for Paranoia published by West End Games.
Contents
Orcbusters is an adventure which features a dungeon crawl and other fantasy roleplaying elements.
Reception
Marc Gascoigne reviewed Orcbusters for White Dwarf #82, and stated that "Ken Rolston [...] was a designer for TSR. He's certainly used this adventure to get it all out his system – he doesn't let slip a single opportunity to squeeze yet another brain-wrenching joke out of his material. But he does this while still maintaining a plot so creaky it ought to be a door in Call of Cthulhu."
Don Towers reviewed Orcbusters in Space Gamer/Fantasy Gamer No. 78. Towers commented that "Orc-busters, while good, does not fully match the standards set [by previous Paranoia releases]."
Reviews
* Casus Belli #35 (Dec 1986) | WIKI |
User:Jyuukai
My name is Jyuukai and I live in the Caribbean. I'm using Wikipedia for a variety of purposes like anime and research. | WIKI |
Lavonna EDDY; Vernon Eddy; Kathy Lander; Mark Lander, Plaintiffs-Appellants, and Ann Eddy, Plaintiff, v. WAFFLE HOUSE, INCORPORATED, Defendant-Appellee.
No. 04-2505.
United States Court of Appeals, Fourth Circuit.
Argued: Sept. 21, 2005.
Decided: April 6, 2007.
ARGUED: Mary Elizabeth Kohart, Drinker, Biddle & Reath, Philadelphia, Pennsylvania, for Appellants. Nancy Elizabeth Rafuse, Ashe, Rafuse & Hill, L.L.P., Atlanta, Georgia, for Appellee. ON BRIEF: Gerald S. Hartman, Drinker, Biddle & Reath, L.L.P., Washington, D.C., for Appellants. William B. Hill, Jr., Sandra Kim, Ashe, Rafuse & Hill, L.L.P., Atlanta, Georgia, for Appellee.
Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges.
Affirmed by published opinion. Judge WIDENER wrote the opinion, in which Judge NIEMEYER concurred. Judge MICHAEL wrote a dissenting opinion.
OPINION
WIDENER, Circuit Judge:
This case is an appeal from the final judgment of the U.S. District Court of the District of South Carolina. The plaintiffs, an extended black family, stopped to eat at a Waffle House restaurant in Walterboro, South Carolina. There, one of the plaintiffs, Mark Lander, allegedly was told that the restaurant didn’t serve black people. He then collected his family, who had not heard the remark, and left the restaurant.
All the family members then filed this lawsuit, alleging a violation of 42 U.S.C. § 1981, and § 2000a. Additionally, the plaintiffs alleged violations of South Carolina state law, specifically, S.C.Code Ann. § 45-9-10 and § 45-9-30. After the close of discovery, the defendant moved for summary judgment on all claims. The district court granted the defendant’s motion with respect to all family members save Mark Lander, the only individual who allegedly heard the derogatory remark. Mr. Lander’s case then proceeded to jury trial which ended with the defendant’s verdict. This appeal followed. We have jurisdiction under 28 U.S.C. § 1291. For the reasons following, we affirm.
I.
On July 6, 2000, the plaintiffs, Mark and Kathy Lander, a married couple, Vernon and Ann Eddy, a married couple, and Miss Lavonna Eddy, a female and granddaughter of Mr. and Mrs. Eddy stopped for lunch at the Walterboro Waffle House in South Carolina. As Mr. Lander walked towards a booth, he allegedly heard a waitress utter the inflammatory remark. Mr. Lander, understandably upset at what he perceived to have occurred, communicated the comment to the rest of the group and decided, together with the Eddys, to leave the restaurant.
On July 2, 2003, the Landers and the Eddys commenced the present action. The district court granted summary judgment to defendant with respect to claims of the Eddys and Mrs. Lander. The court reasoned that since neither the Eddys nor Mrs. Lander heard the remark allegedly uttered by one of the waitresses, they were not denied service. Employing the same reasoning throughout, the court granted summary judgment to the defendant on both federal and state law claims of the Eddys and Mrs. Lander. The court denied defendant’s motion for summary judgment with respect to Mr. Lander, and that case proceeded to a jury trial which ended in the verdict for the defendant.
At trial the following events questioned in this appeal are alleged to have occurred. Second, during the closing argument, the defense counsel made a visual presentation to the jury wherein he compared the stacks of depositions obtained by the plaintiffs to that obtained by the defendant. The argument goes that despite the significantly greater number of pages collected by the plaintiffs he still failed to prove his case. According to the plaintiffs, however, the defense counsel improperly manipulated the stacks by using condensed transcripts in Waffle House’s stack and adding extraneous materials into Mr. Lander’s stack. Third, during the closing argument, defense counsel stated that based on his own observations during trial, it was clear that Mr. Lander did not even recognize the waitress who allegedly made the racist remark when the waitress walked into the courtroom and gave testimony. Fifth, and finally, in the course of the trial, the district court excluded evidence of other similar complaints against Waffle House as irrelevant.
In the present appeal, the plaintiffs contend that the district court erred when it granted summary judgment with respect to the Eddys’ and Mrs. Lander’s claims against the defendant. The plaintiffs further contend that the district court abused its discretion in making the following rulings: 1) not granting a mistrial or issuing a curative instruction in response to the defendant’s counsel’s opening statement; 2) not granting a curative instruction in response to the defendant’s counsel’s closing argument; 3) excluding certain evidence from trial.
We address each of the plaintiffs’ contentions in turn.
II.
We review a grant of summary judgment de novo, viewing the facts in the light most favorable to the nonmoving party. Francis v. Booz, Allen & Hamilton, Inc., 452 F.3d 299, 302 (4th Cir.2006). We review the district court’s decisions on such evidentiary matters of relevance for abuse of discretion. Bright v. Coastal Lumber Co., 962 F.2d 365, 371 (4th Cir.1992). Similarly, we review for abuse of discretion the district court’s decisions on grant or denial of a mistrial or a curative instruction in response to counsel’s opening statements and closing argument. See Bright, 962 F.2d 365, 370 (4th Cir.1992).
III.
We are of opinion that the district court erred in granting summary judgment to the defendant on the claims of Mrs. Lander and those of the Eddys. The district court erred in concluding that the Eddys and Mrs. Lander were not denied service simply because they were outside the earshot of the alleged racist remark.
A.
For the purposes of this discussion, we assume, as we must, that the remark was actually uttered, was heard by Mr. Lander, and was related by him to the rest of his group. See Francis, supra, 452 F.3d at 302. Under these facts, we must conclude that the Eddys and Mrs. Lander were denied service in no less a degree than Mr. Lander who actually heard the remark.
“To prove a § 1981 claim, [ ] a plaintiff must ultimately establish both that the defendant intended to discriminate on the basis of race, and that the discrimination interfered with a contractual interest.” Denny v. Elizabeth Arden Salons, Inc., 456 F.3d 427, 434 (4th Cir. Aug.9, 2006). Certainly if the defendant’s employee uttered the phrase she is alleged to have uttered (as we must assume) that is prima facie evidence of intent to discriminate on the basis of race. See Spriggs v. Diamond Auto Glass, 242 F.3d 179, 185 (4th Cir.2001); Walker v. Thompson, 214 F.3d 615, 626 (5th Cir.2000). We are therefore left with the question of whether “the discrimination interfered with a contractual interest.” Denny, supra.
We agree with the Fifth Circuit that “dining at a restaurant generally involves a contractual relationship that continues over the course of the meal and entitles the customer to benefits in addition to the meal purchased.” Arguello v. Conoco, Inc., 330 F.3d 355, 360 (5th Cir.2003). Certainly, a reasonable person would not expect to be served in an openly hostile environment. As we have said in Spriggs, supra, “no single act can more quickly ... create an abusive environment than the use of an unambiguously racial epithet such as ‘nigger’.... ” 242 F.3d at 185. It is irrelevant whether the customer heard the epithet for himself or whether he came to know through somebody else that such language is being used. In either case, a reasonable person would feel it to be a hostile environment.
Furthermore, it should be noted that the Eddys and the Landers arrived in the restaurant as a family. One would certainly not expect anyone in the party to stay and feel welcome when other members of the same party have been subject to the racial epithets. By denying service to one member of the party, the defendant effectively denied service to the other members of the same party. Accordingly, the district court erred when it granted summary judgment to the defendant with respect to the § 1981 claims of Mrs. Lander and the Eddys. For the same reasons we also hold that it was error to grant summary judgment to the defendant on § 2000a and South Carolina state law claims of Mrs. Lander and the Eddys.
B.
That, however, is not the end of our inquiry. In view of our deciding here that summary judgment was erroneous, we must inquire whether failure to do so was prejudicial or was harmless error.
The defendant argues that even if the grant of summary judgment was in error, the error was harmless because the claims of Mrs. Lander and the Eddys are the same and based on identical facts as those of Mr. Lander, which were in turn fully tried to a jury. Thus, the argument goes, there is no need to allow a separate trial on the claims of Mrs. Lander and the Eddys, because all issues relevant to their claims have been heard and rejected by a jury. We agree and have considered almost exactly the same fact situation in Street, infra.
Generally,
summary judgment can be affirmed on appeal only if the evidence available to the trial judge at the time he ruled on the motion established that there was no genuine issue of material fact. This case is extraordinary, however, in that the facts material to the [defendant’s] liability were fully developed in the subsequent trial against Officer Surdyka.
Street v. Surdyka, 492 F.2d 368, 374-75 (4th Cir.1974). In the case at bar, whatever facts may have been in dispute were resolved in the subsequent jury trial which absolved the defendant. In the ordinary situation, we apply the doctrine of collateral estoppel to bar relitigation of an issue that has already been judicially decided. See Sedlack v. Braswell Servs. Group, 134 F.3d 219, 224 (4th Cir.1998).
For collateral estoppel to apply, the proponent must establish that (1) the issue sought to be precluded is identical to one previously litigated; (2) the issue must have been actually determined in the prior proceeding; (3) determination of the issue was a critical and necessary part of the decision in the prior proceeding; (4) the prior judgment must be final and valid; and (5) the party against whom preclusion is asserted must have had a full and fair opportunity to litigate the issue in the previous forum. Sedlack, 134 F.3d at 224. It is clear that criteria (l)-(4) are satisfied in this case. Certainly, whether or not the racist statement was actually made was central to the resolution of Mr. Lander’s claim and is the very issue that would be litigated by Mrs. Lander and the Eddys. The only question is whether Mrs. Lander and the Eddys “had a full and fair opportunity to litigate the issue.”
The Street case is persuasive, even if not controlling. It is on almost the same facts as the present case. There, Street sued an officer and two police cadets, under 42 U.S.C. § 1983, for making an allegedly unlawful arrest. .We reasoned that the district court erred if its granting of summary judgment to the cadets was because it reasoned that they were not acting under color of law. Street, 492 F.2d at 374-375 and n. 10. The case proceeded to trial against the remaining officer and the jury returned a verdict absolving the officer of liability. On appeal we held that although it would have been a legal error for the district court to have granted summary judgment on the claim against the cadets, “the uncontroverted evidence in the record at the time of entry of summary judgment, as embellished and explained by Street’s [the plaintiffs’] subsequent testimony, convinces us that Street is not entitled to recovery and that a remand for trial against the cadets would be to no avail.” Street, 492 F.2d at 375 (emphasis added). This court affirmed the judgment of the district court.
The same logic holds with equal force in the present case. The evidence in the record at the time of summary judgment “as embellished and explained” by subsequent trial testimony, convinces us that a remand for trial on the Eddys’ and Mrs. Lander’s claim “would be to no avail.”
In reaching this conclusion, we are in agreement with the Ninth Circuit. In Jackson v. Hayakawa, 605 F.2d 1121 (9th Cir.1979), the Ninth Circuit faced a similar situation as that present here. In Jackson, 400 students were arrested during a demonstration. Some of the arrestees later filed suits seeking declaratory judgment challenging several state statutes. A three-judge district court in Carrillo v. Hayakawa, No. C—50808 (N.D. Cal., June 27, 1969), rejected the students’ claims. Subsequently, a different group of students, not party to the original action filed a new lawsuit. The district court held, and the Ninth Circuit affirmed, that the new complaint is barred by res judicata. In its opinion the court stated:
The rights sought to be vindicated remain the same, the passage of years has not altered their character in any way. Both cases arose out of the mass arrests which occurred on January 23,1969.
Plaintiffs argue that the parties to the Carillo suit are not the same as those involved in the present case. They claim that Carillo involved different plaintiffs. Although the named plaintiffs may have been different, we otherwise disagree with this contention. Initially, courts are no longer bound by rigid definitions of the parties or their privies for the purposes of applying collateral estoppel or res judicata. Carrillo was brought on behalf of all those who were arrested on January 23 at the College. It was brought as a class action and treated by the court as a class action. Virtually all of those arrested were represented by counsel in the Carrillo case. The plaintiffs fail to raise any other arguments as to why this claim should not be barred by res judicata.
Jackson, 605 F.2d at 1125-26 (internal citations and footnotes omitted).
The present facts are similar to the ones in Jackson. The “rights sought to be vindicated” by the Eddys and Mrs. Lander are the same as those of Mr. Lander. Both cases arose out of the same incident. All plaintiffs were represented by the same attorney. On these facts, we agree with the Ninth Circuit that the claims of the Eddys and Mrs. Lander should be barred.
As the jury deemed Mr. Lander’s evidence, including his own testimony, to be insufficient for him to prevail, it necessarily follows that the same evidence would be insufficient for Mrs. Lander and the Ed-dys to prevail.
As a result, Mrs. Lander’s and the Ed-dys’ legal claims must fail with those of Mr. Lander. Because, as explained below, we find that there was no error at Mr. Lander’s trial, we affirm the judgment of the district court as to Mrs. Lander and the Eddys.
IV.
Mr. Lander argues on appeal that the district court committed errors when it refused to issue a curative instruction or declare a mistrial in response to defense counsel’s statements during the opening statement and closing argument. We are of opinion the argument is without merit.
Mr. Lander argues that defense counsel led the jury to believe that the statement, being in third person plural, was made by a customer as opposed to having been made by an employee who would have used first person plural. Even if we were inclined to agree with Mr. Lander that counsel’s statement was prejudicial and confusing, we cannot conclude that it was “so flagrant or inflammatory as to affect the fairness of the trial.” Bright, 962 F.2d at 370. In light of that fact, we conclude that the district court did not abuse its discretion in denying a motion for a mistrial. Whatever prejudice may have resulted from defense counsel’s opening statement (and we are far from convinced that there was any) is negated by the court’s proper instruction that “that counsel’s statements were not evidence.” Martin v. Cavalier Hotel Corp., 48 F.3d 1343, 1358 (4th Cir.1995) (internal quotations omitted). We therefore affirm the district court on this issue. The court could hardly have been more clear. Its instruction to the jury was:
Certain things are not evidence and you may not consider them in deciding what the facts are. I’ll list them for you now. Arguments and statements by the lawyers are not evidence. The lawyers are not witnesses. What they said in their opening statements, closing arguments, and at other times, is intended to help you interpret the evidence, but it is not evidence.
If the facts as y’all remember them differ from the way the lawyers have stated them, your memory then controls.
We affirm the district court as to the decision with respect to the opening statement.
Next, Mr. Lander argues that the district court failed to give curative instructions in response to defense counsel’s supposedly misleading presentation of the volumes of depositions during the closing argument. Again, however, Mr. Lander fails to persuade us that the prejudice resulting from this supposed misrepresentation was “so flagrant or inflammatory as to affect the fairness of the trial.” Bright, 962 F.2d at 370. We are consequently convinced that the district court did not abuse its discretion in not instructing the jury on its own motion, no objection having been made by the plaintiffs. Neither was there a motion for mistrial. Next, Mr. Lander argues that the defendant’s counsel provided testimony in his closing statement by commenting on Mr. Lander’s supposed reaction to the testimony of the waitress who was accused of making the racist remark. Again, we cannot conclude that this comment (even if improper) was “so flagrant or inflammatory as to affect the fairness of the trial,” Bright, 962 F.2d at 370, especially in light of the proper jury instruction “that counsel’s statements were not evidence.” We do not find that the district court abused its discretion in not issuing a curative instruction and affirm it on this issue.
Finally, Mr. Lander argues that the district court abused its discretion in failing to admit evidence of other lawsuits and complaints against Waffle House. The plaintiffs recognize that this evidence would be hearsay and thus inadmissible if offered for the truth of the matter asserted. Instead, they argue that the evidence would be offered to prove that the defendant was “on notice” of the racist behavior of its employees. But the jury concluded that there was no actionable racist behavior toward Mr. Lander. However, even if we concluded that this evidence were relevant, we cannot conclude that the district court decision to preclude the evidence was “arbitrary and irrational.” Mohr, 318 F.3d at 618. Aside from relevancy issues, the evidence was hearsay, and its exclusion was not an abuse of discretion. In short, we conclude that the district court did not abuse its discretion and affirm it on this issue.
V.
For the foregoing reasons, we conclude that the district court erred in granting summary judgments to the defendant on the claims of Mrs. Lander and the Eddys. However, we conclude that the error was harmless because after a trial a jury rejected identical claims, based on the same set of facts, of the remaining family member, Mr. Lander. Because we find no error in the trial of Mr. Lander, we conclude that the claims of Mrs. Lander and the Eddys also fall.
The judgment of the district court is accordingly
AFFIRMED.
MICHAEL, Circuit Judge,
dissenting:
As an African-American family group sought service at a Waffle House restaurant, one member of the family, Mark Lander, overheard an employee say, “[W]e don’t serve niggers in here.” This vile statement, which Mr. Lander immediately reported to the other family members, Kathy Lander, Vernon Eddy, Ann Eddy (now deceased), and Lavonna Eddy, provides the basis for racial discrimination claims by all of the family members, who were denied the opportunity to enjoy a meal at the restaurant. I therefore agree with the majority that the district court erred in granting summary judgment to Waffle House on the discrimination claims of Kathy Lander, Vernon Eddy, and Lavonna Eddy, none of whom actually heard the statement. I respectfully dissent, however, from the majority’s conclusion that the error was harmless on the ground that the three dismissed family members would be collaterally estopped by the verdict returned against Mr. Lander at his trial. The three dismissed family members did not have a full and fair opportunity to litigate their claims. Mr. Lander could not adequately represent the interests of the other family members because the rights at stake are personal in nature, he was not accountable to his family members for the results of the litigation, and the district court did not explicitly or tacitly approve of Mr. Lander as a representative of the dismissed family members at his trial. Because Mr. Lander did not represent the interests of the other family members, the collateral estoppel doctrine does not preclude their claims. Additionally, I respectfully dissent from the majority’s determination that the district court did not abuse its discretion when it excluded evidence of prior complaints of racial discrimination made against Waffle House. Because of the error in failing to admit this evidence, Mr. Lander is entitled to a new trial.
I.
The facts bear repeating. On July 6, 2000, Mark Lander, his wife, Kathy Lander, Mrs. Lander’s aunt and uncle, Ann and Vernon Eddy, and the Eddys’ granddaughter, Lavonna Eddy, stopped at a Waffle House restaurant in Walterboro, South Carolina, intending to eat. Mrs. Lander stayed in the parking lot to finish an ice cream cone while the others went inside to find a table. Mr. J.A. 189A, 202A. Mr. Lander looked in the direction of the voice and saw a young girl and two white, female Waffle House employees standing at the counter. He was certain that the statement came from one of the two employees. All of the other customers and staff members in the restaurant were white. Mr. Lander went to the booth where the Eddys had seated themselves and told them what he had heard. The family decided to leave and made no response when a waitress came over and asked, “May I help you?” J.A. 192A. Those departing met Mrs. Lander at the door, and Mr. Lander told her about the discriminatory statement. Mrs. Lander decided to call a customer complaints hotline listed on a poster in the restaurant’s window. She called from inside the restaurant so the employees could hear her conversation. In response to Mrs. Lander’s complaint, Waffle House sent the Landers and Eddys coupons for use at Waffle House restaurants. A Waffle House representative also spoke to the employees on duty at the time of the incident about Waffle House’s nondiscrimination policy. The representative ultimately concluded that there was no evidence of discrimination.
In July 2003 the Eddys and Landers sued Waffle House for violations of 42 U.S.C. § 1981, Title II (42 U.S.C. § 2000a), and South Carolina law. The district court granted summary judgment against all of the family members except Mr. Lander because only he had heard the statement. Mr. Lander’s case went to trial, and the court excluded evidence of similar complaints of discrimination that had been made against Waffle House before the family’s visit. The jury returned a verdict for Waffle House. Ann Eddy died while the lawsuit was pending, and her claims were dropped. The four other family members appeal.
II.
I respectfully disagree with the majority’s conclusion that the erroneous entry of summary judgment against three of the family members was harmless. Specifically, collateral estoppel does not bar their claims on the basis of Mr. Lander’s unsuccessful trial. The doctrine of collateral estoppel promotes judicial economy and relieves parties of undue burdens by preventing the retrial of issues actually determined and necessarily decided in a prior proceeding where there was a full and fan-opportunity to be heard. Va. Hosp. Ass’n v. Baliles, 830 F.2d 1308, 1311 (4th Cir.1987). I recognize that the requirement of strict mutuality (or complete identity) of parties between suits has long been abandoned. Nevertheless, due process concerns require a court to exercise some caution in binding nonparties to determinations made in a prior proceeding. See Blonder-Tongue Labs., Inc. v. Univ. of Ill. Found., 402 U.S. 313, 329, 91 S.Ct. 1434, 28 L.Ed.2d 788 (1971). “[A]s a general rule, nonparties will not have had a full and fair opportunity to litigate the issues raised in the previous action,” unless the nonparties were in privity with a prior party. See Va. Hosp. Ass’n, 830 F.2d at 1312. In general, privity exists if the non-party (1) controlled the original action, (2) is a successor-in-interest to a prior party, or (3) was adequately represented by a prior party. Martin v. Am. Bancorporation Retirement Plan, 407 F.3d 643, 651 (4th Cir.2005). In other words, preclusion will operate against a nonparty when he is “so identified in interest with a party to former litigation that [the nonparty] represents precisely the same legal right in respect to the subject matter involved.” Jones v. SEC, 115 F.3d 1173, 1180 (4th Cir.1997) (quotation marks and citation omitted). The majority errs in concluding that Mr. Lander adequately represented the interests of Mrs. Lander and the Eddys.
Generally, representation is deemed adequate for preclusion purposes in only the narrowest of circumstances. In Klugh v. United States, 818 F.2d 294 (4th Cir.1987), this court held that adequate, or virtual, representation should not be used as a basis for precluding the claims of nonparties when (1) the interests of the parties and nonparties are separate; (2) the parties to the first action are not accountable to the nonparties; or (3) the court did not at least tacitly approve the virtual representation in the first action. Id. at 300. None of these factors is present here.
First, Mrs. Lander and the Eddys have interests in litigating their claims against Waffle House that are separate and distinct from the interest of Mr. Lander. Racial discrimination “is a fundamental injury to the individual rights of a person,” and § 1981 guarantees “the personal right to engage in economically significant activity free from racially discriminatory interference.” Goodman v. Lukens Steel Co., 482 U.S. 656, 661-62, 107 S.Ct. 2617, 96 L.Ed.2d 572 (1987) (emphasis added). Similarly, the over-riding purpose of Title II is “to remove the daily affront and humiliation involved in discriminatory denials of access to facilities ostensibly open to the general public.” Daniel v. Paul, 395 U.S. 298, 307-08, 89 S.Ct. 1697, 23 L.Ed.2d 318 (1969) (quotation marks and citation omitted). The family members here may have suffered the same type of harm from the same source, but each member suffered his or her own humiliation from the discrimination. Thus, each had an interest in vindicating his or her own right to freedom from such discrimination under the law.
Second, applying collateral estoppel would be inappropriate because Mr. Lander has no express or implied legal relationship with the other family members that would make him accountable to them with respect to their claims. See Klugh, 818 F.2d at 300; Media Techs. Licensing, LLC v. Upper Deck Co., 334 F.3d 1366, 1370 (Fed.Cir.2003). Generally, a party is accountable to another party only when they share a legal relationship such as that between estate beneficiaries and administrators, parent corporations and their subsidiaries, and trust beneficiaries and trustees. Pollard v. Cockrell, 578 F.2d 1002, 1008-09 (5th Cir.1978). Mr. Lander’s familial ties to the dismissed parties did not impose on him any legal obligation to vindicate their interests at his trial. The absent family members may have had the same lawyers as Mr. Lander, but once the family members were eliminated from the suit through summary judgment, the lawyers were responsible for advocating solely on Mr. Lander’s behalf. Neither Mr. Lander nor the lawyers had any obligation to conduct his litigation in a manner favorable to the absent family members.
Finally, the district court did not exhibit any explicit or tacit approval of Mr. Lander’s virtual representation of the other family members. Tacit approval may be found when the court knew of a relationship that gave a party authority to appear on behalf of a nonparty. See Martin, 407 F.3d at 651-52. In this case, the district court could not have tacitly approved of Mr. Lander’s representation of the absent family members’ interests because it concluded that they had no interests to be represented (as shown by the summary judgment against them), and the court had no evidence before it of any relationship that would have made Mr. Lander legally accountable to his wife and other family members with respect to their claims.
The absent family members’ separate interests and Mr. Lander’s lack of accountability to them should have foreclosed any determination that Mr. Lander adequately represented their interests in his case. Accordingly, the district court’s grant of summary judgment against them was not harmless. In concluding otherwise, the majority over-looks the test announced in Klugh. It relies instead on two cases that differ sharply from this one. Both of these cases involve plaintiffs who were themselves parties or class members in the litigation that precluded their claims. In Street v. Surdyka, 492 F.2d 368 (4th Cir.1974), we affirmed a grant of summary judgment to nonparty defendants because the same plaintiff had already been unsuccessful in litigating the same claim on the same facts against another defendant. Id. at 374-375. Similarly, in Jackson v. Hayakawa, 605 F.2d 1121 (9th Cir.1979), preclusion was invoked against plaintiffs who were members of a class whose representatives had previously litigated the same claim. Id. at 1126. In Street and Jackson there is no question that the plaintiffs had a full and fair opportunity to litigate, or to have a class representative litigate, all relevant issues of law and fact. The majority mistakenly concludes, however, that these cases support a determination of harmlessness here. But in direct contrast to the situation in Street and Jackson, Mrs. Lander and the Eddys never had an opportunity to litigate their claims either directly or through a legally accountable representative. Mrs. Lander and the Eddys were entitled to their own day in court. I would therefore reverse the district court’s grant of summary judgment against them.
III.
During his trial Mr. Lander sought to introduce evidence of other complaints of racial discrimination against Waffle House both before and after the July 2000 incident. The evidence took the form of news articles, legal pleadings, and testimony of Waffle House employees who had witnessed similar discrimination. The district court granted Waffle House’s motion in limine to exclude the evidence. Again, I respectfully disagree with the majority and would hold that the district court abused its discretion by excluding evidence of pre-July 2000 complaints. This evidence was relevant non-hearsay, and its exclusion warrants a new trial.
The Federal Rules of Evidence instruct that “[a]ll relevant evidence is admissible, except as otherwise provided” by law or rule. Fed.R.Evid. 402. Relevant evidence is defined broadly as “evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.” Fed.R.Evid. 401. A failure to admit relevant evidence without a legally supported reason constitutes an abuse of discretion and may require a new trial. See Westfield Ins. Co. v. Harris, 134 F.3d 608, 615 (4th Cir.1998).
The district court did not clearly state its reasons for excluding the complaints evidence. It lumped the pre-July and post-July 2000 evidence together and deemed it all irrelevant because Waffle House’s evidence of post-July 2000 training already had been excluded. While this may have provided a reason for excluding complaints based on post-July 2000 incidents, it does not explain why pre-July 2000 incidents are irrelevant. The majority fails to acknowledge this significant gap in the district court’s reasoning.
The only explanation provided by the district court that covers the pre-July 2000 evidence is the conclusory statement that newspaper articles, which account for roughly one-fourth of the evidence, are generally unreliable. The court did not explain how this prevented the evidence from being used for the proposed non-hearsay purpose of showing that Waffle House had notice of the potential ineffectiveness of its anti-discrimination policies. The majority similarly ignores this possible use of the complaints and concludes that they are inadmissible hearsay.
An out-of-court statement is not hearsay when it is “offered not for [its] truth but to prove the extent of ... a recipient’s notice of certain conditions.” 5-801 Weinstein’s Federal Evidence § 801.11[5][a]. Evidence of prior complaints is often admitted to show notice of an underlying problem that allegedly injured the plaintiff. See Benedi v. McNeil-P.P.C., Inc., 66 F.3d 1378, 1385-86 (4th Cir.1995); United States v. Chavis, 772 F.2d 100, 105 (5th Cir.1985); Worsham v. A.H. Robins Co., 734 F.2d 676, 688-89 (11th Cir.1984). Complaints prior to the July 2000 incident are relevant to show that Waffle House had notice of a potential discrimination problem in its restaurant chain and knew that its anti-discrimination policies may have been inadequate. This notice and knowledge is relevant to the issues of whether Waffle House is liable for the actions of its employee and whether it acted with sufficient intent or recklessness to warrant punitive damages.
The erroneous exclusion of the prior complaints deprived Mr. Lander of critical evidence of Waffle House’s knowledge of ongoing discrimination and potential problems with its anti-discrimination policies at the time of the incident. Because the district court failed to differentiate between the relevance of the pre- and post-July 2000 complaints and failed to recognize the non-hearsay nature of this evidence, I would grant Mr. Lander a new trial to give a jury the opportunity to assess his claim in light of this additional evidence.
. The actual comment allegedly was "We don't serve niggers here."
. Ann Eddy died during the pendency of the litigation. Her claim is not being pursued.
. Mrs. Eddy is Mrs. Lander’s aunt.
. The Eddys and Mr. Lander entered the restaurant together, while Mrs. Lander briefly stayed behind, but was intending to join the rest of the party shortly.
. It is undisputed that the only direct, acknowledged communication between the Ed-dys and a Waffle House employee was a waitress' inquiry into how she might serve them: "May I help you?” As stated previously, Mrs. Lander was not inside the restaurant at the time. See ante n. 4.
. We note that in his deposition, J.A. 207A, Mr. Lander himself several times used the third person plural. He now argues that he was simply using a correct grammatical construction in relaying what he heard, while always maintaining that the original phrase was in first person plural. Br. at 11, J.A. 1160-61 A. However, that cuts both ways. The defense counsel also can be said to have used a “correct grammatical construction” when relaying what his clients were accused of saying.
. The assignment of error states:
THE COURT ABUSED ITS DISCRETION IN NOT GRANTING A MISTRIAL OR INSTRUCTING THE JURY TO DISREGARD THE STATEMENTS AND ACTIONS OF DEFENSE COUNSEL IN HIS CLOSING ARGUMENT, WHICH CONFUSED AND MISLED THE JURY. Br. p. 34
We have read each appendix and transcript reference in the brief to support this assignment of error: Br. pp. 34-37; J.A. 1224A-1225A; 1096A; 1228A; 1227A; and 1144A. The facts disclosed in those references to the record do not support the assignment of error. Rather, the plaintiffs depend on uncomplimentary adjectives and adverbs, for example: “Defense counsel's testimony about evidence and matters not in the record,” Br. p. 34; “Counsel's demonstration was, at best, highly misleading and, at worst, intentionally false,” Br. p. 34; "This misleading and confusing characterization of the evidence,” Br. p. 35; and “His agenda of misleading the juxy,” Br. p. 36.
Despite all of this conduct now complained of, the plaintiffs' attorneys did not move for a mistrial in the district court, contemporaneously or otherwise. No motion was made to set aside the verdict or to alter or amend the judgment, and plaintiffs apparently simply collected previously unspoken grievances with the trial court for the first time in their brief on appeal.
Along the same line, the special verdict form was not objected to and was "Did the plaintiff prove by the preponderance of the evidence each of the elements of his 1981 claim against the defendant?” The answer of the jury was "no.” There was no objection to the court's jury instructions. Even now, there is no claim that the evidence does not support the verdict.
Proceeding in the manner just outlined above does not add weight to plaintiffs' argument.
| CASELAW |
THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. CEDRIC GRISSET, Defendant-Appellant.
First District (1st Division)
No. 1—95—2898
Opinion filed May 19, 1997.
Stephen E. Eberhardt, of Chicago, for appellant.
Richard A. Devine, State’s Attorney, of Chicago (Renee Goldfarb, James E. Fitzgerald, and Michelle Katz, Assistant State’s Attorneys, of counsel), for the People.
JUSTICE O’BRIEN
delivered the opinion of the court:
Following a jury trial, defendant, Cedric Grisset, was found guilty of first-degree murder and sentenced to 50 years in prison. On appeal, defendant contends: (1) the trial court erred in refusing to allow the testimony of Detective Luera concerning the statement defendant made to the detective shortly after his arrest; (2) the trial court erred by refusing to give an instruction on second-degree murder based on provocation; (3) the trial court erred in refusing to preclude his court-reported statement; (4) the trial court unduly restricted the direct examination of defendant; (5) the trial court unduly restricted the cross-examination of the assistant State’s Attorney; (6) the State made prejudicial comments during closing argument; (7) the trial court denied him his constitutional rights of due process and equal protection when it sentenced a similarly situated codefendant to a substantially lesser period of incarceration; (8) the trial court abused its discretion by sentencing him to 50 years in prison; and (9) the State did not prove him guilty beyond a reasonable doubt. We affirm.
At trial, Essie Gray testified that around 10 p.m. on September 14, 1993, she was sitting in her car, which was parked on May Street between 101st and 102nd Streets. She had driven her brother, Kenneth, to that location so he could retrieve a telephone number from a relative’s car. As Kenneth walked towards Essie’s car, a second car drove up and parked behind Essie’s car. Essie recognized the driver of that car as codefendant Debra Dalloz, and she saw a black man, later determined to be defendant, in the passenger seat.
Essie testified she heard Dalloz say "there he is, there Westside is.” "Westside” was Kenneth’s nickname. Defendant exited the vehicle and approached Kenneth. The two men stood about one to two feet apart and spoke for approximately five minutes.
Essie testified Kenneth backed up a little bit, and then defendant pulled a gun and started shooting. Kenneth had nothing in his hands when defendant shot him. Defendant then entered the passenger seat of the car in which he had arrived, and the car drove north on May Street.
Essie testified Kenneth ran toward a backyard between two houses. Essie ran after Kenneth. When Kenneth got to the backyard, he told Essie he had been shot, and he fell to the ground. Essie called the police and told them the offender’s car was a blue Horizon. She also described the driver as a 200-pound white lady with blonde hair and a pale complexion. At approximately 7 a.m. the next morning, Essie viewed a lineup at Area Two police headquarters and identified Dalloz as the driver of the car. Detective Frank Luera testified that Essie was unable to identify defendant in a lineup.
Officer George Vanderschoot testified that, at approximately 10:20 p.m. on September 14, 1993, he received a call of a man shot at 10140 South May. When he arrived at the scene, Vanderschoot found Kenneth Gray lying dead on the ground between two buildings. Vanderschoot did not observe any weapons on Kenneth, nor were any weapons recovered from the crime scene. Vanderschoot spoke with Essie Gray, who described the offenders. Vanderschoot then broadcast the description to other police personnel.
Sergeant James Glynn testified that, at approximately 10:17 p.m. on September 14, 1993, he monitored a call of a man shot. Shortly thereafter, he monitored another message describing two offenders who were wanted for the shooting. Glynn began proceeding to 118th and Morgan, where, the message indicated, the vehicle was headed.
Glynn testified that, at approximately 115th and Morgan, he saw the wanted offenders and vehicle proceeding north on Morgan. Glynn made a U-turn and began following them. Glynn broadcast the location and direction of the vehicle. At approximately 115th and Carpenter, several police cars converged oh the area and the officers arrested the individuals inside the vehicle. At that time, one of the officers on the scene showed Glynn the butt of a gun sticking out from behind the console on the passenger side of the vehicle. The officers secured the vehicle until the crime lab arrived.
Joseph Thibault, a criminalist with the Chicago police crime laboratory, testified defendant’s right palm and left palm tested positive for gunshot residue. Dalloz’s left palm also tested positive for gunshot residue. Thibault testified that a person can acquire gunshot residue in three ways: by firing a gun, handling a gun, or being in close proximity to a discharged weapon.
Assistant State’s Attorney Peggy Chiampas testified she spoke with defendant on September 15, 1993, in a conference room at Area Two police headquarters. Also present were Detective Luera and a court reporter, who took down defendant’s statement. Defendant told Chiampas that, at about 10 p.m. on September 14, 1993, he was at his grandmother’s house when Dalloz came by. Dalloz told him that Kenneth had hit her in the face with a book because Kenneth was upset that she was going to have a drink with another man. Dalloz also told defendant she wanted to kill Kenneth, and she asked defendant to get her a gun or a knife.
Defendant told Chiampas that he grabbed a loaded gun and went outside to a blue four-door Plymouth. Dalloz entered the driver’s seat, and defendant entered the passenger seat. Dalloz eventually drove to 101st and May, where she saw Kenneth. Dalloz told defendant to get out of the car. Defendant pulled the gun out of his pocket, walked up to Kenneth, and started shooting at him. Kenneth ran away, and defendant jumped in the car and Dalloz drove them away from the crime scene.
Defendant told Chiampas that Dalloz thanked him, drove to the Hollywood liquor store, and bought him some beer. Defendant put the gun in the ash tray of the car, and the police later stopped them.
Defendant’s testimony at trial mirrored his court-reported statement to Chiampas except for one crucial difference: at trial, defendant claimed he shot Kenneth because he saw a "chrome object” in Kenneth’s hand. Defendant also testified he related that information to Chiampas and Detective Luera prior to the court reporter taking down his statement. However, Chiampas testified that defendant never told her he had seen anything in Kenneth’s hand. Detective Luera never testified about whether defendant stated he had seen an object in Kenneth’s hands prior to the shooting.
The jury found defendant guilty of first-degree murder, and the trial court sentenced him to 50 years in prison. Defendant filed this timely appeal.
First, defendant argues the trial court erred by refusing to allow Detective Luera to testify that defendant told him and Assistant State’s Attorney Chiampas that he had seen "something” in Kenneth’s hands prior to the shooting. Defendant contends Detective Lu-era’s testimony was admissible to impeach defendant’s court-reported statement, in which he failed to mention seeing an object in Kenneth’s hands prior to shooting him. Defendant also contends Detective Luera’s testimony was admissible to impeach Chiampas’ testimony that defendant never mentioned seeing anything in Kenneth’s hand.
We disagree. The trial court permitted defendant to testify he had seen a chrome object in Kenneth’s hands prior to the shooting. Thus, Detective Luera’s testimony would have been about a prior statement made by defendant, that he had seen "something” in Kenneth’s hand, which was consistent with his trial testimony. Proof of such a prior consistent statement generally is inadmissible as hearsay. People v. Henderson, 142 Ill. 2d 258, 310 (1990).
Defendant argues, though, that the State claimed he had recently fabricated his trial testimony that he had seen a chrome object in Kenneth’s hand prior to shooting him. Therefore, the trial court should have allowed his prior consistent statement to Detective Luera. In People v. Emerson, 97 Ill. 2d 487, 501 (1983), People v. Ashford, 121 Ill. 2d 55, 71 (1988), People v. Gacho, 122 Ill. 2d 221, 250 (1988), People v. Harris, 123 Ill. 2d 113, 139 (1988), and People v. Henderson, 142 Ill. 2d 258, 310 (1990), our supreme court held that when it is charged that the witness recently fabricated his testimony or has a motive to testify falsely, proof that he gave a similar account before the motive existed or before the effect of the account could be foreseen is admissible. Thus, under Emerson, Ashford, Gacho, Harris, and Henderson, defendant’s statement to Detective Luera was admissible only if he made that statement before he had the motive to testify falsely.
However, in People v. Williams, 147 Ill. 2d 173, 227 (1991), the supreme court held "prior consistent statements are admissible to rebut a charge or an inference that the witness is motivated to testify falsely or that his testimony is of recent fabrication, and such evidence is admissible to show that he told the same story before the motive came into existence or before the time of the alleged fabrication.” (Emphasis added.) In People v. Antczak, 251 Ill. App. 3d 709 (1993), the appellate court construed Williams to mean that when a witness is charged with recently fabricating his testimony at trial, prior consistent statements are admissible regardless of whether the motive to testify falsely existed at the time the witness made those prior consistent statements. In effect, Antczak held that the supreme court in Williams overruled its decisions in Emerson, Ashford, Gacho, Harris, and Henderson that prior consistent statements are admissible to rebut a claim of recent fabrication only if those prior statements were made before the motive to testify falsely arose.
However, a careful examination of Williams reveals that, in analyzing the issue as to whether the trial court erred by admitting a witness’ prior consistent statement into evidence, the Williams court considered whether the witness had the same motive to fabricate at the time she made the prior consistent statement as she did at trial. Further, in its analysis of the issue, the Williams court cited with approval both Harris and Emerson, as well as two other cases, People v. Clark, 52 Ill. 2d 374 (1972), and People v. Titone, 115 Ill. 2d 413 (1986), in which the court considered whether the motive for fabrication existed at the time of the witness’ prior consistent statements. Finally, we note that subsequent to Williams, the supreme court in People v. Patterson, 154 Ill. 2d 414, 453 (1992), cited Emerson with approval and held that a witness’ prior consistent statements were inadmissible because the motive to fabricate existed at the time the statements were made. Therefore, we conclude that Emerson, Ash-ford, Gacho, Harris, and Henderson are still good law. Accordingly, defendant’s prior consistent statement to Detective Luera was admissible to rebut the charge of recent fabrication only if the motive to fabricate did not exist at the time he made that statement.
Defendant made his statement to Detective Luera, that he had shot Kenneth because he saw "something” in Kenneth’s hands, after being arrested by the police who had also recovered the gun from his car. Thus, defendant had a motive to fabricate when he spoke with Detective Luera, and therefore defendant’s statement was not admissible at trial.
Defendant makes several more arguments in support of his contention that the trial court erred in refusing to allow Detective Luera’s testimony about defendant’s statement that he saw something in Kenneth’s hands prior to shooting him. First, defendant argues that his court-reported statement, in which he failed to mention seeing anything in Kenneth’s hands, was inconsistent with his trial testimony that he had seen a chrome object in Kenneth’s hands prior to the shooting. Therefore, the trial court should have allowed in his statement to Detective Luera in order to rehabilitate him. Where a witness has been impeached by means of a prior inconsistent statement, he may bring out all prior statements if they explain or disprove the making of the inconsistent statement. People v. Williams, 147 Ill. 2d at 227.
Here, defendant’s court-reported statement was admitted not merely for impeachment purposes, but as substantive evidence. Therefore, Williams is factually inapposite. Further, even if Williams did apply here, defendant’s prior statement to Detective Luera is not admissible because it does not explain why his court-reported statement failed to include an account of the object in Kenneth’s hands, nor does the statement to Detective Luera disprove the court-reported statement.
Second, defendant argues the trial court should have admitted his statement to Detective Luera in order to prevent the jury from receiving a "misleading impression” about the court-reported statement. We reject this argument. During the court-reported statement, defendant was asked open-ended questions that allowed him to explain fully the circumstances surrounding his shooting of Kenneth. The entire statement was admitted into evidence. The jury was not "misled” in any way.
Third, defendant contends a prior consistent statement may be admitted where substantial doubt is raised as to whether the impeaching statement was actually made. See People v. Rodriguez, 58 Ill. App. 3d 562, 569 (1978). As discussed above, defendant’s court-reported statement was admitted not merely for impeachment, but as substantive evidence. Further, there is no doubt defendant made the court-reported statement. Accordingly, Rodriguez does not apply here.
Fourth, defendant argues the compulsory process clause of the sixth amendment grants a defendant the right to call witnesses in his favor and, therefore, the trial court erred when it refused to permit the testimony of Detective Luera. In support, defendant cites Rock v. Arkansas, 483 U.S. 44, 97 L. Ed. 2d 37, 107 S. Ct. 2704 (1987). In Rock, the United States Supreme Court held that a per se rule excluding all hypnotically refreshed testimony impermissibly infringed on a criminal defendant’s right to call witnesses in his favor and, thus, violated the compulsory process clause. Clearly, Rock is factually inapposite to the present case.
A case more directly on point is Chambers v. Mississippi, 410 U.S. 284, 35 L. Ed. 2d 297, 93 S. Ct. 1038 (1973), which was cited in Rock v. Arkansas. In Chambers, the Court held the trial court abridged defendant’s right to present witnesses in his own defense by excluding hearsay testimony that bore "persuasive assurances of trustworthiness” and was critical to the accused’s defense. Chambers, 410 U.S. at 302, 35 L. Ed. 2d at 313, 93 S. Ct. at 1049. Chambers set forth four factors to help determine the reliability of a hearsay statement: (1) the statement was made spontaneously to a close acquaintance shortly after the occurrence of the crime; (2) the statement was corroborated by other evidence; (3) the statement was self-incriminating and against the interests of the declarant; and (4) adequate opportunity existed for cross-examination of the declarant. Chambers, 410 U.S. at 300-01, 35 L. Ed. 2d at 311-12, 93 S. Ct. at 1048-49. See also People v. Thomas, 171 Ill. 2d 207, 216 (1996).
With regard to the first Chambers factor, defendant’s statement that he saw something in Kenneth’s hand was made to Detective Luera, not a close acquaintance. As for the second factor, defendant’s statement was corroborated only by his own testimony, not by the witness to the crime or his court-reported statement. With respect to the third factor, defendant’s statement offered a potential justification for the shooting and, thus, was self-serving, not self-incriminating. Finally, as to the fourth factor, an adequate opportunity existed for cross-examination of defendant regarding the statement.
Under these facts, we cannot say defendant’s hearsay statement was so trustworthy that the trial court abused its discretion by denying its admission.
Moreover, even if the trial court did err in refusing to admit defendant’s prior consistent statement to Detective Luera, we would not reverse the trial court given the overwhelming evidence against defendant. See our discussion of defendant’s reasonable doubt argument, infra.
Next, defendant contends the trial court erred when it refused to give an instruction on second-degree murder based on provocation. Defendant was entitled to that instruction if some evidence of serious provocation existed in the record which, if believed by the jury, would reduce the crime to second-degree murder. People v. Delgado, 282 Ill. App. 3d 851, 857 (1996).
The second-degree murder statute states in relevant part:
"(a) A person commits the offense of second degree murder when he commits the offense of first degree murder *** and ***
(1) At the time of the killing he is acting under a sudden and intense passion resulting from serious provocation by the individual killed ***[.]
(b) Serious provocation is conduct sufficient to excite an intense passion in a reasonable person.” 720 ILCS 5/9 — 2 (West 1992).
Mutual quarrel or combat is one of the recognized forms of serious provocation sufficient to reduce first-degree murder to second-degree murder. People v. Garcia, 165 Ill. 2d 409, 429 (1995). Defendant contends there was evidence presented at trial that a mutual quarrel took place prior to the shooting and, therefore, the trial court should have given the provocation instruction.
We disagree. The trial testimony established only that defendant and Kenneth exchanged heated words prior to the shooting. However, "[wjords, in and of themselves, no matter how vile, can never constitute serious provocation such that second degree murder should be found instead of first degree murder. [Citation.] Rather, the words *** must be accompanied by mutual combat so serious that it mitigates against finding the defendant guilty of first degree murder.” Garcia, 165 Ill. 2d at 429-30.
Defendant points to his testimony that he shot Kenneth in self-defense after seeing a chrome object in his hands as evidence of such mutual combat. However, mutual combat does not constitute a fight in which one of the parties acts in self-defense. Delgado, 282 Ill. App. 3d at 857-59. Accordingly, the trial court properly refused to give the provocation instruction.
Next, defendant argues the trial court erred by denying his request to bar the State from using his court-reported statement based on his contention that it was inadmissible hearsay. We note that defendant does not contend his statement was involuntarily given.
We find no error. "[0]ut-of-court admissions and confessions of a party’s opponent in civil and criminal cases are a principal exception to the hearsay rule ***.” People v. Bryant, 36 Ill. App. 3d 298, 300 (1976).
Defendant argues, though, that the confrontation clause of the sixth amendment bars a hearsay statement unless it bears "adequate indicia of reliability.” Ohio v. Roberts, 448 U.S. 56, 66, 65 L. Ed. 2d 597, 608, 100 S. Ct. 2531, 2539 (1980); Idaho v. Wright, 497 U.S. 805, 815, 111 L. Ed. 2d 638, 652, 110 S. Ct. 3139, 3146 (1990). Defendant contends his court-reported statement lacks such reliability, mainly because it conflicts with other evidence, and therefore the court should have refused to admit it at trial.
Wé disagree. The reliability of a hearsay statement can be inferred in a case where the evidence falls within a firmly rooted hearsay exception that rests "upon such solid foundations that admission of virtually any evidence within them comports with the 'substance of the constitutional protection.’ ” Ohio v. Roberts, 448 U.S. at 66, 65 L. Ed. 2d at 608, 100 S. Ct. at 2539, quoting Mattox v. United States, 156 U.S. 237, 244, 39 L. Ed. 409, 411, 15 S. Ct. 337, 340 (1895). The hearsay exception for a criminal defendant’s voluntary confession is firmly rooted in the law and comports with the substance of the constitutional protection. See People v. Schwartz, 3 Ill. 2d 520, 522 (1954) ("It is elementary that extrajudicial confessions *** are competent evidence, as an exception to the hearsay rule, *** when they are voluntarily and understanding^ made. Although they are hearsay, they are considered reliable because the law presumes that no rational person would make admissions against his interest unless urged to do so by the promptings of his conscience to tell the truth, which invests them with such a high degree of reliability that they can be taken out of the classification of unreliable hearsay”). Thus, defendant’s voluntary confession contained adequate indicia of reliability.
The State contends that a defendant’s confession is properly considered nonhearsay, as opposed to an exception to the hearsay rule, and therefore no "indicia of reliability” is even required. In support, the State cites People v. Aguilar, 265 Ill. App. 3d 105 (1994). In Aguilar, the Appellate Court, Third District, held that a statement is not hearsay if it is a party’s own statement offered against that party. Aguilar, 265 Ill. App. 3d at 110. In such a case, the defendant’s statement is termed an admission, and it may be used against him unless excluded by the privilege against self-incrimination or other exclusionary rules. Aguilar, 265 Ill. App. 3d at 110.
In People v. Cruz, 162 Ill. 2d 314, 374-75 (1994), though, our supreme court held that "[rjelevant admissions of a party *** are admissible when offered by the opponent as an exception to the hearsay rule.” (Emphasis added.) See also Schwartz, discussed above, which describes an extrajudicial confession as an exception to the hearsay rule. Thus, we think defendant’s confession here is better analyzed as an exception to the hearsay rule, as opposed to nonhearsay. However, we note that, under either analysis, defendant’s confession was properly admitted into evidence.
Next, defendant argues the trial court erred when it sustained objections to the following questions posed to him on direct examination:
"Q. How long have you lived with your grandmother?
* * *
Q. Are you employed now?”
In support, defendant cites Cleary & Graham: "The occupation and related background of the witness are regarded as having value in determining the credit to be given her testimony and may be inquired into as a matter of right ***.” M. Graham, Cleary & Graham’s Handbook of Illinois Evidence § 607.6, at 393 (6th ed. 1994).
However, the quoted language from Cleary & Graham is taken from a section entitled "Components of Credibility: Impeachment.” Here, defense counsel’s questions were not an attempt to impeach defendant. Moreover, the cases Cleary & Graham cites in support hold only that it is proper to cross-examine a witness regarding his occupation and related background as a matter affecting the witness’ general credibility (see People v. Crane, 302 Ill. 217 (1922)), even though an unlawful or disreputable occupation is disclosed. See People v. White, 251 Ill. 67 (1911); People v. Bond, 281 Ill. 490 (1917); People v. Shinkle, 160 Ill. App. 3d 1043 (1987), rev’d, 128 Ill. 2d 480 (1989); People v. Kegley, 227 Ill. App. 3d 48 (1992); People v. Hines, 94 Ill. App. 3d 1041 (1981); People v. Anderson, 48 Ill. 2d 488 (1971). None of those cases are applicable here, where defendant argues that the trial court improperly restricted direct examination of him.
Defendant contends the restriction of direct examination violated the compulsory process clause of the sixth amendment. We disagree. The compulsory process clause does not allow a defendant to offer irrelevant evidence. People v. Maberry, 193 Ill. App. 3d 250, 263 (1990). The questions complained of here were not relevant, and the trial court did not abuse its discretion in sustaining objections to them. Moreover, even if the trial court did err, we do not see how defendant was prejudiced thereby.
Next, defendant argues the trial court erred by unduly restricting cross-examination of Assistant State’s Attorney Chiampas. The latitude permitted on cross-examination is within the sound discretion of the trial court. On review, we will not reverse the trial court’s limitation on cross-examination absent an abuse of discretion resulting in manifest prejudice to the defendant. People v. Sims, 265 Ill. App. 3d 352, 358 (1994).
Defendant contends the court erred when it sustained an objection to the following question:
"Q. You’ve learned from other assistant State’s Attorneys that you should ask questions of a defendant about how he was treated by the police, correct?”
We find no abuse of discretion, because the record indicates Chiampas had previously been asked the same question, and she testified she asks each individual she interviews about how the police treated him. See People v. Matthews, 205 Ill. App. 3d 371, 413 (1990) (the trial court has broad discretion to curtail questioning that it finds unnecessarily repetitive).
Defendant also contends the court erred by sustaining objections to the following questions:
"Q. You’ve learned how you should ask questions about whether or not a defendant is under the influence of alcohol, correct?
* * *
Q. You’ve also been told at some point that you should purposely put mistakes in the statements for a defendant to correct?”
We find no abuse of discretion, as defendant previously asked Chiampas whether the State’s Attorney’s office has policies regarding how to take statements from defendants. Chiampas testified there were no general policies and that her "job as well as any other assistant State’s Attorney’s job was to take the statement of the defendants down.” See Matthews, 205 Ill. App. 3d at 413.
Finally, defendant contends the trial court erred in sustaining an objection to the question:
"Q. Was there a promotion from you or for you to go to the felony review unit to the felony trial division?”
We find no abuse of discretion, as this question was not relevant. See People v. Khan, 136 Ill. App. 3d 754, 761 (1985) (the trial court may bar cross-examination seeking irrelevant information).
Next, defendant contends the State made improper remarks during closing argument. A prosecutor is allowed a great deal of latitude in closing argument and may comment upon the evidence presented and the reasonable inferences arising therefrom. People v. Hudson, 157 Ill. 2d 401, 441 (1993). Even if a prosecutor’s closing remarks are improper, they do not constitute reversible error unless they result in substantial prejudice to the defendant such that the verdict would have been different absent those remarks. Hudson, 157 Ill. 2d at 441.
Defendant waived review of some of the State’s remarks by failing to make objections at trial. Hudson, 157 Ill. 2d at 425. We proceed to address only those remarks that defendant objected to in the trial court.
First, defendant complains about the State’s comment:
"[T]he facts you heard from the defendant, from Peggy Chiampas [are] that he never told anybody he saw anything out there.”
Defendant contends this comment was improper in light of defendant’s statement to Detective Luera that he had seen "something” in Kenneth’s hands prior to shooting him. As discussed above, though, the trial court properly refused to admit Detective Luera’s testimony. Further, the State’s comment was a proper statement of the evidence presented at trial, since defendant’s court-reported statement contained no mention of any object in Kenneth’s hands and Chiampas testified that defendant never mentioned seeing anything in Kenneth’s hands prior to shooting him.
Second, defendant complains about the State’s comment:
”[T]he defense wants you to believe that a licensed attorney [Chiampas], licensed to practice law in the state of Illinois came up here and didn’t tell you the truth.”
Defendant is apparently arguing that the State improperly vouched for the credibility of a witness. See People v. Spiezio, 191 Ill. App. 3d 1067, 1075-76 (1989). We find no error here, because the State’s comment was made in response to defense counsel’s closing argument:
"[T]estimony *** contained in [defendant’s court-reported statement] is not the whole truth about what went on. Ladies and gentlemen, what was put in there was put in there by the State’s Attorney, the assistant State’s Attorney who decided what she wanted to put in, plain and simple.”
See People v. Collins, 106 Ill. 2d 237, 276-77 (1985); People v. Williams, 161 Ill. 2d 1, 46 (1994).
Third, defendant complains abput the State’s comment:
"Miss Chiampas was specifically asked 'did the defendant ever tell you about a chrome object in the victim’s hands.’ Answer. 'No. It didn’t happen like that.’ ”
Chiampas testified defendant never told her he had seen anything in Kenneth’s hands. Thus, the State’s comment was not error.
Fourth, defendant complains about the State’s comment:
"[I]f the defendant was sitting in that room with a State’s Attorney and said in response to any of her questions or blurted out, 'but the victim had a chrome object,’ that court reporter would have typed that down.”
That comment is an accurate reflection of the evidence, as the court-reported statement was admitted into evidence and it contained no mention of any chrome object.
Next, defendant argues his 50-year sentence is improperly disparate to the 30-year sentence imposed on codefendant Debra Dalloz. Fundamental fairness is not violated simply because one defendant receives a substantially longer sentence than another. People v. Brown, 267 Ill. App. 3d 482, 487 (1994). A disparity in sentencing can be justified by differences in the nature and degree of the defendants’ participation in the offense or differences in the codefendants’ histories, characters, criminal records, potential for rehabilitation or relative maturity. Brown, 267 Ill. App. 3d at 487.
Here, Debra Dalloz drove defendant to Kenneth and pointed him out, but only defendant shot Kenneth. Thus, the disparity in sentences is justified by the difference in the degree of the codefendants’ participation in the shooting. Further, there was much mitigation evidence presented for Dalloz that was not presented for defendant. In particular, numerous individuals testified to Dalloz’s good character as a person and as an employee. Dalloz also informed the trial court that she was sorry about the shooting. By contrast, during defendant’s sentencing, he refused to take responsibility for his actions and showed no remorse. Thus, the disparity in sentences is also justified by the differences in the codefendants’ characters, potential for rehabilitation, and relative maturity.
People v. Williams, 228 Ill. App. 3d 981 (1992), and People v. Fauntleroy, 224 Ill. App. 3d 140 (1991), cited by defendant, do not compel a different sentencing result. In Williams and Fauntleroy, the appellate court affirmed codefendants’ equal sentences even though only one of the codefendants actually shot the victim. In each case, the appellate court held that the codefendants’ roles in the killings were not so different as to require a different sentence. However, unlike here, in neither Williams nor Fauntleroy did the appellate court discuss whether the evidence presented during sentencing established differences in the codefendants’ character, potential for rehabilitation, or relative maturity. Thus, neither Williams nor Fauntleroy is helpful to defendant.
People v. Clay, 124 Ill. App. 3d 140 (1984), cited by defendant as a case where the appellate court reduced a defendant’s sentence because it was excessively disparate from the sentence imposed on a codefendant, is factually inapposite. Neither of the codefendants in Clay fired the weapon that killed the victim, whereas here defendant shot the victim while codefendant Dalloz merely drove defendant to and from the crime scene.
Next, defendant argues the trial court abused its discretion by sentencing him to 50 years in prison. Defendant contends the trial court failed to give adequate consideration to his rehabilitative potential, as demonstrated by the fact that it made no specific findings concerning factors in aggravation or mitigation.
We disagree. The trial court need not recite and assign a value to each factor in aggravation and mitigation it has considered. People v. Nussbaum, 251 Ill. App. 3d 779, 781 (1993). Further, even though the trial court does not expressly state its consideration of all the mitigating factors, such consideration is presumed where the mitigating factors were argued before the court. People v. Rodriguez, 254 Ill. App. 3d 921, 931 (1993).
At the sentencing hearing here, defense counsel presented evidence in mitigation that defendant was neglected as a young child and had been in and out of foster homes. Defense counsel also argued that defendant has children and an employment history, but has "no appreciable criminal history.” Defense counsel further argued that codefendant Dalloz had facilitated the shooting, and there was little likelihood defendant would repeat such a crime.
In aggravation, a victim-impact statement authored by the victim’s sister, Essie Gray, was admitted in evidence.
After the presentation of the evidence in mitigation and aggravation, defendant addressed the court but expressed no remorse for the killing. The trial court then issued its sentence, stating that codefendant Dalloz "has a great deal of responsibility in this case” but that defendant cannot excuse his conduct simply because Dalloz asked him to kill the victim. The court noted the victim’s family "would not be grieving” if defendant had not grabbed a gun, looked for the victim in several different places, and then killed him. The court sentenced defendant to 50 years in prison.
The weight the trial judge is to accord each factor in aggravation and mitigation depends on the circumstances of the case. The balanee to be struck among the aggravating and mitigating factors is a matter of judicial discretion that we will not disturb on appeal absent an abuse thereof. People v. Dominguez, 255 Ill. App. 3d 995, 1004 (1994). Defendant’s 50-year sentence was within the statutory guidelines for first-degree murder and was not an abuse of discretion.
Finally, defendant contends the State failed to prove him guilty beyond a reasonable doubt. When presented with a challenge to the sufficiency of the evidence, the relevant inquiry is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. People v. Collins, 106 Ill. 2d at 261.
The evidence against defendant was overwhelming. Essie Gray testified she saw defendant shoot her brother, Kenneth, and that Kenneth had nothing in his hands at the time. The police who arrived on the scene found no weapons on Kenneth or in the vicinity. Further, defendant gave a court-reported statement in which he admitted killing Kenneth. In that statement, defendant never mentioned seeing anything in Kenneth’s hands prior to shooting him. Viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found defendant guilty of first-degree murder.
For the foregoing reasons, we affirm the trial court. As part of our judgment, we assess defendant $150 as costs for this appeal.
Affirmed.
CAHILL and THEIS, JJ., concur. | CASELAW |
Sunday, May 21, 2017
CF Awareness Month Day 21 - What is CF?
It strikes me as a little silly that this topic would come up 3/4 of the way through the month! Haha. Hopefully if you're reading these daily posts, by now you have some kind of idea what CF is. But just in case...
CF stands for cystic fibrosis. It is a recessive genetic disease that primarily affects the lungs and digestive system, though other systems are often affected as well. The main problem with CF has to do with a defective protein in our cells that doesn't function properly and results in the production of thick, sticky mucus throughout our bodies. This mucus causes various problems, but the most prominent is that bacteria get stuck in it, and the mucus itself doesn't clear out like it's supposed to because it is so thick and sticky. Therefore, the bacteria thrive in the mucus that is more or less trapped in our bodies, which causes multiple issues. Typically, this infectious bacteria is found in our lungs and sinuses, making it difficult to breathe. Eventually, the recurring infections cause scarring in our lungs, making it even harder to breathe, and resulting in the loss of lung function. The thick mucus also oftentimes blocks the production of enzymes in our pancreas that are necessary for digesting and absorbing fat. This means that without pancreatic enzyme supplements, many CF patients are unable to properly digest fat, which leads to malabsorption and nutritional deficiencies. CF and its required care is often very strenuous on the body, and as people with CF age, other health issues can arise from their CF complications, such as CF-Related-Diabetes and CF-Related-Arthritis.
Most CF patients must do breathing treatments and some form of airway clearance to keep their lungs as clear as possible from that sticky mucus. Most patients also take some kind of pancreatic enzyme supplementation to help digest their food. From time to time, most patients will also need course of antibiotics to treat lung infections.
There are many new treatments available these days to help fight the effects of CF, and even some new drugs that are meant to address the root problem are correct the defective protein that causes the thick mucus in the first place. It's an exciting time for CF Research.
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ROCHE VITAMINS, INC., Plaintiff, v. UNITED STATES of America, Defendant.
Slip Op. 13-73.
Court No. 04-00175.
United States Court of International Trade.
June 14, 2013.
Erik D. Smithweiss, Los Angeles, CA, Robert B. Silverman, and Joseph M. Spraragen, New York, NY, Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt, LLP, for plaintiff.
Saul Davis, Civil Division, Department of Justice, New York, NY; Stuart F. Delery, Acting Assistant Attorney General, and Barbara S. Williams, Attorney in Charge; International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice, for defendant.
OPINION
EATON, Judge:
Before the court is Roche Vitamins, Inc.’s (“plaintiff’ or “Roche”) challenge to the classification by United States Customs and Border Protection (“Customs”) of Roche’s product “BetaTab 20%” (“the merchandise” or “BetaTab”). The court exercises jurisdiction pursuant to 28 U.S.C. § 1581(a) (2000). The .case was tried on July 17 through 19, 2012 and post-trial briefing was completed on November 28, 2012. Based on the findings of fact and conclusions of law set forth below, the court enters judgment for plaintiff, pursuant to USCIT R. 52(a) and 58.
BACKGROUND
Plaintiff challenges Customs’ classification of the merchandise, entered on December 16, 2002, under the 2002 Harmonized Tariff Schedule of the United States (“HTSUS”) subheading 2106.90.97 as “[flood preparations not elsewhere specified or included: [o]ther: [ojther.” Joint Proposed Pretrial Order, Sched. C ¶ 4 (ECF Dkt. No. 93) (“PTO”). Plaintiff, the importer of record, timely filed a protest to the liquidation of the -merchandise and, after paying all assessed duties and fees, commenced this action when its protest was denied. PTO ¶¶ 1, 5-6. Plaintiff argues that the “merchandise is properly classifiable as a synthetic organic coloring matter and/or preparations based thereon. [Bjeta-carotene, under [HTSUS] subheading [3204.19.35].” PL’s Compl. ¶13 (ECF Dkt. No. 4). In the alternative, Roche also claims that the merchandise is classifiable under subheading K3204.19.35 of the Pharmaceutical Appendix and under HTSUS subheadings 2936.10.00 and 2936.90.00 as “provitamins.” PL’s Compl. ¶¶ 16,19.
On December 23, 2010, this Court denied Roche’s motion for summary judgment. Roche Vitamins, Inc. v. United States, 34 CIT-,-, 750 F.Supp.2d 1367, 1382 (2010) (Wallaeh, J.) (“Roche I”). There, the Court held that genuine issues of fact as to the principal use of the merchandise and the functionality of the merchandise’s ingredients other than beta-earotene precluded summary judgment. Id. at-, 750 F.Supp.2d at 1378, 1382.
During the course of the trial, the court heard testimony from three witnesses called by the plaintiff and one witness called by the United States. Plaintiffs witnesses were Dr. Jean-Claude Tritsch, Roche’s technical director at thé time of importation, Dr. Steven Schwartz, an expert on the bioavailability of carotenoids, and Lynda Doyle, a former employee of Roche’s marketing department with knowledge of Roche’s marketing strategy for the merchandise. The Government’s sole witness was Dr. Robert Russell, a physician specializing in gastroenterology. Following trial, the parties submitted proposed findings of fact and conclusions of law.
LEGAL FRAMEWORK
I. Standard of Review
The court makes its conclusions of law and findings of fact following a trial de novo. See 28 U.S.C. § 2640(a)(1) (2006) (“The Court of International Trade shall make its determinations upon the basis of the record made before [it].”); see also United States v. Mead Corp., 533 U.S. 218, 233 n. 16, 121 S.Ct. 2164, 150 L.Ed.2d 292 (2001) (“The [Court of International Trade] ‘may consider any new ground’ even if not raised below ... and ‘shall make its determinations upon the basis of the record made before the court,’ rather than that developed by Customs.” (citations omitted)).
When reviewing Customs’ classification decisions, the court applies the HTSUS General- Rules of Interpretation (“GRIs”) and the HTSUS Additional U.S. Rules of Interpretation (“ARIs”) in numerical order. CamelBak Prods., LLC v. United States, 649 F.3d 1361, 1364 (Fed.Cir.2011). GRI 1 mandates that tariff classification initially “be determined according to the terms of the headings and any relative section or chapter notes.” “ ‘[A] court first construes the language of the heading, and any section or chapter notes in question, to determine whether the product at issue is classifiable under the heading.’... [TJariff headings are construed without reference to their subheadings [which cannot] either limit or broaden the scope of a heading.” Dependable Packaging Solutions, Inc. v. United States, 37 CIT-,-, Slip Op. 13-23, at 7, 2013 WL 646328 (2013) (quoting Orlando Food Corp. v. United States, 140 F.3d 1437, 1440 (Fed.Cir.1998)). “Absent contrary legislative intent, HTSUS terms are to be construed according to their common and commercial meanings,' which are presumed' to be the same.” Carl Zeiss, Inc. v. United States, 195 F.3d 1375, 1379 (Fed.Cir.1999) (citing Simod Am. Corp. v. United States, 872 F.2d 1572, 1576 (Fed.Cir.1989)). The court “is required to decide the correctness not only of the importer’s proposed classification but of the government’s classification as well.” See Jarvis Clark Co. v. United States, 733 F.2d 873, 874 (Fed.Cir.1984).
Customs’ factual determinations are entitled to a presumption of correctness. • See 28 U.S.C. § 2639(a)(1). “The presumption is a procedural device that allocates the burden of producing evidence ..., placing the burden on [the plaintiff] to show that there was insufficient evidence for the factual components of [Customs’] decision.” Chrysler Corp. v. United States, 592 F.3d 1330, 1337 (Fed.Cir.2010) (citations omitted).
II. The Competing Headings
Here, Customs classified the BetaTab under HTSUS heading 2106: “Food preparations not elsewhere specified or included.” This provision “is an expansive basket heading that only applies in the absence of another applicable heading.” R.T. Foods, Inc. v. United States, 36 CIT -, -, 887 F.Supp.2d 1351, 1358 (2012). “To prima facie fall under [this] heading ... two criteria must be met: the product[ ] must be (1) a food preparation, which is (2) not elsewhere specified or included.” Id. Thus, to overcome the presumption of correctness, Roche must demonstrate either that the evidence does not support classification of the merchandise as a “food preparation,” or that the evidence supports classification of the merchandise under a different heading. See Orlando Food, 140 F.3d at 1441 (“Inherent in the term ‘preparation’ is the notion that the object involved is destined for a specific use.”); see also Aromont USA Inc. v. United States, 671 F.3d 1310, 1316 (Fed.Cir.2012); Arbor Foods, Inc. v. United States, 30 CIT 670, 677, 2006 WL 1359965 (2006).
Plaintiff claims the BetaTab is alternatively classifiable as a “coloring matter” under HTSUS heading 3204 (and K3204 by the inclusion of beta-carotene in the Pharmaceutical Appendix) or as a provitamin under HTSUS heading 2936. In Roche I, this Court interpreted heading 3204’s term “coloring matter” to be a principal use provision. Roche I, 34 CIT at -, 750 F.Supp.2d at 1375-1377. .Because note 2(f) to Chapter 29 (the chapter pertaining to provitamins) excludes “synthetic organic coloring matter” from that chapter, whether classification under heading 2936 is appropriate here also hinges, in part, on whether or not the merchandise is principally used as a “coloring matter.” Id at-, 750 F.Supp.2d at 1375 (“Note 2(f) ... cross-references the term ‘coloring matter.’ ”). In other words, if the class or kind of goods commercially fungible with the merchandise is. principally used as a “coloring matter,” the merchandise will be classifiable under heading 3204 and excluded from 2936 by application of Chapter 29 note 2(f).
Principal use provisions “ ‘call for a [factual] determination as to the group of goods that are. commercially fungible with the imported goods’ ” so as to identify-“the ‘use which exceeds any other single use.’ ” Aromont, 671 F.3d at 1312 (quoting Primal Lite, Inc. v. United States, 182 F.3d 1362, 1365 (Fed.Cir.1999); Lenox Collections v. United States, 20 CIT 194, 196, 1996 WL 47155 (1996)). This Court customarily uses several factors, commonly referred to as the “Carborundum Factors,” to inform its determination as to which goods are “commercially fungible with the imported goods.” Id. (quoting Primal Lite, 182 F.3d at 1365) (internal quotation marks omitted).
These factors include: use in the same manner as merchandise which defines the class; the general physical characteristics of the merchandise; the economic practicality of so using the import; the expectation of the ultimate purehas- , ers; the channels of trade in which the merchandise moves; the environment of the sale, such as accompanying accessories and the manner in which the merchandise is advertised and displayed; and the recognition in the trade of this use.
Id. at 1313 (citing United States v. Carborundum Co., 63 CCPA 98, 536 F.2d 373, 377 (1976)). The actual use of the goods “is evidence of the principal use” but is still only “one of a number of factors.” Id.
Even if the merchandise is not principally used as a colorant, it is not necessarily classifiable as a provitamin under HTSUS heading 2936. Here, for instance, the BetaTab is not the provitamin beta-carotene in its pure form. Additional stabilizers were added t.o beta-carotene crystalline during the BetaTab’s manufacturing process. Chapter 29 note 1(f) only permits the addition of a stabilizer to pro-vitamins where “necessary for their preservation or transport.” See also Explanatory Notes to the Harmonized Commodity Description and Coding System, 29.362 (3d ed. 2002) (“Explanatory Notes”) (“The products of this heading may be stabilised for the purposes of preservation or transport ... provided that the quantity [of stabilizer] added or the processing in no case exceeds that necessary for their preservation or transport and that the addition or processing does not alter the character of the basic product and render it particularly suitable for specific use rather than for general use.”). In other words, if the quantity of a stabilizing agent added to an item of this heading is more than is necessary for transport or preservation, or the nature of the stabilizing agent alters the character of the basic product so as to render it “particularly suitable for specific use,” the item may not be classified as a provitamin under HTSUS heading 2936. See Roche I, 34 CIT at -, 750 F.Supp.2d at 1380.
Merchandise that might otherwise be classified under the headings of Chapter 29 becomes “particularly suitable for specific use,” and is thus excluded from those headings, when (1) the ingredients added to it facilitate uses not ordinary to goods of the. heading or (2) where the added ingredients alter the chemical’s reactive properties in a manner that excludes uses ordinary to goods of the heading. See, e.g., Degussa Corp. v. United States, 508 F.3d 1044, 1046 (Fed.Cir.2007) (finding particularly suitable for a specific use a chemical with modified reactive properties that promoted its incorporation into “certain organic solvents and polymers”). Thus, a product’s increased suitability for an ordinary application of its chemical component will not exclude it from Chapter 29, so long as the product can still be used as that chemical in other ordinary ways. Added ingredients that make a chemical highly capable of a use that is not an ordinary use of chemicals of the heading, however, will render the item “particularly suitable for specific use rather than for -general use” and exclude it from classification in the headings of Chapter 29.
III. The Pharmaceutical-Appendix
Certain imports are entitled to duty free status by virtue of their inclusion in the Pharmaceutical Appendix. An import is entitled to such status if, when imported from an eligible country and claimed by the importer, “the individual product [is] listed in the Pharmaceutical Appendix,” its tariff classification contains “the symbol ‘K’ [in the] special rates of duty subcolumn for those 8-digit subheadings which contain active ingredients and chemical intermediaries,” and it is “used in the prevention, diagnosis, alleviation, treatment, or cure of disease in humans.” Advice Concerning the Addition of Certain Pharmaceutical Products and Chemical Intermediates to the Pharmaceutical Appendix to the Harmonized Tariff ■ Schedule of the United States, USITC Pub. 3167, at 7, 3 (Apr. 1999) (“Advice re: Pharm. App’x ”); BASF Corp. v. United States, 29 CIT 681, 693-94 n. 7, 391 F.Supp.2d 1246, 1256 n. 7 (2005) (“BASF I”) (“[The import must be] ‘used in the prevention, diagnosis, alleviation, treatment, or cure of disease in humans or animals,’ which the [International Trade Commission] identifies as a pharmaceutical or ‘drug.’ ” (quoting Advice re: Pharm. App’x at 3)), aff'd, 482 F.3d 1324 (Fed.Cir.2007) (“BASF II”); see also HTSUS General Note 13 (“Whenever a rate of duty of ‘Free’ followed by the symbol ‘K’ in parentheses appears in the ‘Special’ subcolumn for a heading or subheading, any product (by whatever name known) classifiable in such provision which is the product of a country eligible for tariff treatment under column 1 shall be entered free of duty, provided that such product is included in the pharmaceutical appendix to the tariff schedule.”). In other words, to enter duty-free, the good must be listed in the Pharmaceutical Appendix, classified in an appropriate subHeading, and intended ultimately to be used as or in a pharmaceutical product.
In determining whether the import is used as or in a pharmaceutical product, the “principal use” of the goods for classification purposes is not determinative. As noted, a “principal use” determination for classification purposes calls for the identification, of the use “which exceeds any other single use,” turning not on the actual use of the product, but on the use of the class or kind of goods “commercially fungible” with the product. Aromont, 671 F.3d at 1312. Duty-free status under the Pharmaceutical Appendix, however, turns on whether consumers of the product itself intend to use it in a pharmaceutical manner. See BASF II, 482 F.3d at 1326 (denying a beta-carotene product duty-free status because it was not “disputed that [the] product is not intended for vitamin or other pharmaceutical use, but is intended for use as.a food colorant”).
The structure of the HTSUS makes this distinction clear. Thére are numerous headings and subheadings that call for a non-pharmaceutical principal use, but which, nevertheless, also contain the symbol “K” in their special rates of duty subcolumn. See, e.g., HTSUS 3203.00.80; 3204.13.60; 3204.13.80; 3204.90.00. Inclusion of the symbol, therefore, indicates that Congress intended that some imports with a non-pharmaceutical “principal use” are entitled to duty free status under the Pharmaceutical Appendix nonetheless. Were that not the case, the inclusion of the symbol “K” in these subheadings would be a dead letter in every such instance. Moreover, such an interpretation would run afoul of “one of the most basic interpretive canons, that ‘[a] statute should be construed so that effect is given to all its provisions, so that no part will be inoperative, superfluous, void or insignificant.’ ” Corley v. United States, 556 U.S. 303, 314, 129 S.Ct. 1558, 173 L.Ed.2d 443 (2009) (citation omitted).
FINDINGS OF FACT
As an initial matter, the court finds that, having had the opportunity to observe their demeanor during direct and cross-examination, all four witnesses testified credibly at trial.
I. Principal Use of the Merchandise
The stipulated facts and evidence adduced at trial, when analyzed under the rubric of the Carborundum factors, establish that the principal use of the merchandise is as a source of provitamin A in foods or vitamin products, rather than as a coloring matter.
First, the merchandise is actually used in the same manner as other vitamin and provitamin formulations intended for use in the domestic manufacture of vitamin supplements and fortified foods. Beta-carotene products are used to provide provitamin A activity in the manufacture of direct compression tablets, gel capsules, and nutrient powders. Put another way, these products are used, regardless of coloring ability, in the manufacture of the types of goods sold as vitamin supplements at drugstores and retailers like GNC or Vitamin Shoppe. Tr. 623-24. The products are also used in fortified food products, such as food bars and cereals, for coloration and provitamin activity, or for provitamin activity alone. Tr. 606-09, 612-13. BetaTab was developed for use in vitamin products and its actual use during the relevant time period was predominantly as a source of provitamin A for vitamin products. PTO ¶ 31; Tr. 615. The “vast majority of’ the merchandise has been used for vitamin products. PTO ¶ 30.
Next, the general physical characteristics of the merchandise lend themselves to a principal use as- a vitamin supplement. The merchandise “is a mixture containing beta-carotene, antioxidants, gelatin, sucrose and corn starch.” PTO ¶ 20. Beta-carotene crystalline, which makes up twenty percent of the mixture, is an organic colorant with provitamin A activity. PTO ¶ 8, 10, 22. The merchandise can be used as a source of vitamin A in foods, beverages, and vitamin products, or as a colorant. PTO ¶ 23, 29. Further, it is a water miscible version of provitamin A. Tr. 726. The merchandise, however, has a higher concentration of beta-carotene than other products used primarily for coloring and, unlike some of those products, is only dispersible in water above twenty degrees Celsius. PTO ¶ 27, 37. The high concentration and high bioavailability of beta-carotene in the merchandise makes it preferable for use in dietary supplement tablets. Tr. 704-07. In most cases, a higher potency beta-carotene product is preferred for the manufacture of tablets in the dietary supplement industry. Tr. 155-56. Moreover, the merchandise was developed by Roche specifically “for use in high potency and anti-oxidative vitamin tablets.” Tr. 291.
Use of the BetaTab as an ingredient to provide provitamin A activity, rather than as a colorant, is commercially practical. The majority of the merchandise sold by Roche in 2002 was sold for nutritional use. Tr. 615; Pl.’s Ex. 42. Other beta-carotene products that do not provide coloration, such as Roche’s B-Carotene 10% B, are sold for nutritional use to large food pro-' ducers. Tr. 612-13; Pl.’s Ex. 42. BASF, a significant competitor of Roche, also sold beta-carotene products primarily for use in the manufacture of tablets and capsules. Tr. 616-19. The BetaTab is marketed for use as a vitamin A source in vitamin products and “the vast majority of’ the merchandise has been used for vitamin products. PTO ¶ 28, 30. The merchandise can, however, also be used in an economically practical manner as a colorant. Tr. 573-576. As such, this factor is not very probative.
The ultimate purchasers of the BetaTab do not draw a bright-line distinction between its use as colorant and its use as a vitamin. Roche’s customers understand that beta-carotene products have a dual function as both a colorant and a source of provitamin A activity. Tr. 577. Accordingly, purchasers expect the merchandise to provide both nutrition and coloration simultaneously. Tr. 577. Thus, this factor is also not particularly probative.
The channels of trade in which the merchandise moves and the recognition of the use in the trade indicate a principal use as a provitamin product. The beta-carotene used in the manufacture of the merchandise is produced domestically by Roche, sent abroad for processing, and then imported as a mixture with the additional components. PTO ¶ 40. Manufacturers of vitamin tablets are considered to be part of the dietary supplement industry and not part of the food industry. Tr. 621-22. There is a recognized market for direct compression tablets and capsules. See Tr. 640. The merchandise was targeted for sale in that market by the Roche sales employees and “recommended strictly for nutrition.” Tr. 640-41. Roche’s research and development reports list only other beta-carotene products that are not used as colorants as products competitive with the merchandise. Tr. 302-03; Def.’s Ex. H6 at 6. Roche’s annual sales report for 2002 identifies the merchandise, and no other merchandise, as sold through Roche’s “Human Nutrition Health” division. Tr. 252; Def.’s Ex. G.
The environment of sale and advertising strongly indicate that the BetaTab is principally used as a source of provitamin A. The merchandise “was not produced or marketed for sale as a colorant during the relevant time period” and Roche’s marketing materials make no mention of the merchandise’s “use as a food colorant.” PTO ¶ 31, 34. Those materials also lack any indication of the color intensity the merchandise would be expected to produce if used as a colorant. PTO ¶ 34. The merchandise is marketed as “tablet grade” so as to direct sales of the product by Roche employees to the “dietary supplement industry.” Tr. 535. The term “tablet grade” indicates that the merchandise can be used in the manufacture of direct compression tablets. Tr. 262-63, 535. Even though Roche’s sales employees would work directly with customers in order to determine which of Roche’s various beta-carotene products would best suit their needs, and those employees did not necessarily rely on color charts and stability testing to recommend products, Roche personnel tended to sell the merchandise to customers that intended to use it in direct compression tablets and capsules. Tr. 539, 597-98.
II. The Merchandise is Not Particularly Suited for a Specific Use
The additional ingredients added to the mixture do not make the BetaTab particularly suited for specific use outside of the ordinary uses of beta-carotene. First, a stabilizing matrix of some kind is necessary for any beta-carotene product. In its pure crystalline form, beta-carotene is unstable and susceptible to oxidation, which destroys its healthful properties and usefulness as a colorant. PTO ¶ 11, 14-15. Beta-carotene must be processed and combined with other ingredients to be commercially usable as either a provitamin or a colorant. PTO If 11.
Roche’s manufacturing process does not change the BetaTab’s functionality as a provitamin. The manufacturing process Roche uses to create the merchandise does not change the character of the beta-carotene as provitamin A. Tr. 726. The process used to create the BetaTab, that is, the technology by which Roche adds additional ingredients that envelop the beta-carotene crystalline in a matrix, is common throughout the industry for several different types of vitamin. Tr. 42. That same technology is used to produce all Roche beta-carotene forms. Tr. 43. There is no evidence that the merchandise’s non-beta-carotene ingredients enhance absorption or bioavailability of the beta-carotene in a manner greater than any other stabilizing matrix. Tr. 331-35, 357, 379, 389, 393, 472-73, 715-17. Moreover, an increase in the bioavailability of a provitamin product does not change its use as a provitamin. Provitamins for human consumption are intended to be ingested and processed by the body to yield vitamin activity. The increased bioavailability of a particular provitamin merely improves that ordinary use of goods within the class of provitamins.
That the additional ingredients make the BetaTab highly suitable for tableting does not make the merchandise particularly suitable for a specific use. Although highly suitable for tableting, the merchandise contains no ingredients specifically prepared for tableting. Tr. 164-66. That suitability is not at odds with use as a provitamin or with the product’s other uses. The additional ingredients, or matrices, of the various Roche products are “basically the same” for lower potency products suitable for human consumption that are used for coloration purposes as for higher potency products that are used for vitamin and nutritional products. Tr. 350, 349-57. Other Roche products, primarily used as colorants, also have characteristics that make them highly suitable for tableting. Tr. 403. Some of those products are used to make tablets for nutritional use. Tr. 425-28. The merchandise is well suited for fortifying foods with provitamin A. Tr. 446-47. Other, less potent, Roche beta-carotene products are also well suited for fortifying foods. Tr. 448-449.
Finally, the tableting process is a step that transforms the merchandise, which is essentially a bulk beta-carotene ingredient, into a final product for sale. The merchandise’s increased suitability to be used in the creation of tablets for retail sale is a particular kind of use within the uses common to members of the provitamin category.
III. The Merchandise is Used as an Ingredient in Products Designed to ; Promote Health
The merchandise is primarily used to create vitamin supplements and fortified foods. As noted, “the vast majority of’ the merchandise has been used for vitamin products and the merchandise is principally used in that manner. PTO ¶ 30. The product was sold through Roche’s “Human Nutrition Health” division. Tr. 252; Def.’s Ex. G. Dietary supplements are intended to provide customers with nutrients that they are not otherwise ingesting in sufficient amounts for optimal health. Tr. 374-75. Like most supplements, the merchandise is a “formulation that is meant to maintain general health or well-being.” Tr. 478. Although the product would not normally be used in the medical treatment of vitamin A deficiency, it is used with the purpose of maintaining healthy levels of vitamin A. Tr. 730. In addition to helping those who consume it to avoid vitamin A deficiency, research suggests that provitamin A may have a prophylactic effect against certain cancers. Tr. 731-32. Thus, the BetaTab is used in a manner designed to promote human health.
CONCLUSIONS OF LAW
I. The Merchandise is Properly Classified under HTSUS Heading 2936
As determined at trial, the merchandise is principally used a source of provitamin A in foods or vitamin products, rather than as a “coloring matter.” Consequently, the BetaTab cannot be classified under Heading 3204. As noted, in order to be classified under HTSUS heading 3204, an imported good must be principally used as a “coloring matter.” Roche I, 34 CIT at-, 750 F.Supp.2d at 1375-78. Thus, the merchandise cannot be classified under Heading 3204. Because the merchandise cannot be classified under subheading 3204.19.35, the court does not reach whether the BetaTab would qualify for duty-free entry under that subheading as a result of its inclusion in the Pharmaceutical Appendix.
The merchandise is a “provitamin” covered by Heading 2936. There is no dispute that beta-carotene is provitamin A. It was demonstrated as a matter of fact at trial that the BetaTab’s additional non-beta-carotene ingredients, added as stabilizers, do not make the merchandise particularly suitable for specific use. Consequently, the addition of the stabilizing ingredients is permissible under note 1(f) to Chapter 29, and does not exclude the merchandise from classification under Heading 2936. As a result, the merchandise is included in the class of goods covered by Heading 2936 and its subheadings.
Because the merchandise is classifiable under another heading, Roche has overcome the presumption of correctness to which Customs’ classification was entitled. As noted, to fall under Customs’ selected heading, Heading 2106, an imported good must be both (1) a food preparation, and (2) not elsewhere specified or included. The trial evidence demonstrated that the merchandise is a provitamin and is not particularly suited to specific use, rendering it classifiable within Heading 2936. As such, the merchandise is “elsewhere included.” Therefore, Roche has demonstrated that BetaTab fails the second requirement for classification in Heading 2106 and that Customs’ decision to classify the BetaTab in that heading is incorrect.
II. The Merchandise is Properly Classified under HTSUS Subheading 2936.10.00
Under GRI 6, “the classification of goods in the subheadings of a heading shall be determined according to the terms of those subheadings and any related subheading notes” and by application of the other GRIs. Within Heading 2936, there are only two potentially applicable subheadings: 2936.10.00 and 2936.90.00. Subheading 2936.10.00 covers “[p]rovitamins, unmixed” and 2936.90 is a basket category covering “[o]ther, including natural concentrates.” Thus, because the BetaTab consists of provitamin A with added stabilizing ingredients, selection of the appropriate subheading turns on the construction of the term “unmixed.”
The terminology of Heading 2936 makes clear that Congress intended the term “unmixed” in subheading 2936.10.00 to indicate that the subheading does not encompass mixtures of different kinds of vitamins or provitamins, but does encompass mixtures of vitamins or provitamins with the stabilizing ingredients permitted by note 1(f) to Chapter 29. In other words, a vitamin or provitamin that is mixed with other ingredients that are not “[provitamins [or] vitamins” remains “unmixed” for purposes of classification in subheading 2936.10.00. Thus, the 2936.10.00 term “unmixed” means “unmixed with other vitamins or pro-vitamins.”
The heading language, common to both 2936.10.00 and 2936.90.00 confirms this conclusion. That language, “intermixtures of the foregoing, whether or not in any solvent,” makes clear the congressional intention that goods of the heading are to be treated differently from other ingredients for purposes of what is a “mixture.” The phrase “of the foregoing” limits the ordinarily broad term “intermixture” to combinations of “[p]rovitamins and vitamins, natural or reproduced by synthesis (including natural concentrates), derivatives thereof used primarily as vitamins.” The phrase “whether or not in any solvent” further indicates that Congress did not intend the terms “mixture” and “intermixtures” to include the combination a provitamin of the heading and substances outside the heading. Otherwise, the express inclusion of solvents would be surplusage, as any solvent-provitamin combination would be an “intermixture.” Marx v. Gen. Revenue Corp., — U.S. -, 133 S.Ct. 1166, 1178, 185 L.Ed.2d 242 (2013) (“[T]he canon against surplusage is strongest when an interpretation would render superfluous another part of the same statutory scheme.”).
That this narrower understanding of the term “mixture” carries down to the subheading level is shown by the structure of the subheadings. All of 2936’s subheadings refer to a plural noun or conjunction followed by: “, unmixed” with the exception of 2936.90.00, the catch-all. Compare HTSUS 2936.90.00 (“Other, including natural concentrates”), with HTSUS 2936.10.00 (“Provitamins”), HTSUS 2936.21.00 (‘Vitamin A”), 2936.22.00 (‘Vitamin Bj”), 2936.23.00 (“Vitamin B2”), 2936.24.00 (‘Vitamin B3 or Vitamin B5”), 2936.25.00 (‘Vitamin B6”), 2936.26.00 (‘Vitamin B12”), 2936.27.00 (“Vitamin C”), 2936.28.00 (“Vitamin E”), and 2936.29.00 (“Other vitamins and their derivatives”). Thus, if the term “unmixed” were construed to include mixtures of the named vitamins and provitamins of the heading with any other substance, then the addition of any of the water, stabilizers, solvents, antidusting agents, colorings, and odoriferous substances expressly permitted by notes 1(d) through (g) to Chapter 29, would prohibit classification of those substances under their eo nomine subheadings. That is, under that interpretation, any vitamin or provitamin requiring the addition of those substances for transport, safety, or stabilization would automatically be pushed into the basket subheading. Such a reading makes little sense. Thus, the subheadings and the Chapter notes, read together, indicate that the term “unmixed” contained in the subheadings of Heading 2936 is intended to mean “unmixed with the other vitamins and provitamins of this heading.”
Accordingly, the additional stabilizing ingredients added to the beta-carotene crystalline to create the BetaTab do not render the product a mixture for purposes of subheading 2936.10.00. Therefore, because BetaTab is a provitamin compound, subheading 2936.10.00 is the correct subheading and the merchandise is properly classified thereunder.
CONCLUSION
For the reasons stated above, the court concludes that the correct tariff classification for the BetaTab 20% is HTSUS subheading 2936. 10.00 and the merchandise is subject to a duty rate of “Free.” Judgment will enter accordingly.
. Plaintiff’s complaint also challenged the classification of its product B-carotene 7% CWS. Pl.'s Compl. ¶11. On November 13, 2009, the parties entered a stipulation that B-carotene 7% CWS is classifiable under HTSUS 3204.19.35. Stipulation ¶3 (ECF ■Dkt. No. 48). Thus, the classification of that product is no longer in dispute.
. The GRIs and ARIs are part of the HTSUS statute which “consists of ‘(A) the General Notes; (B) the General Rules of Interpretation; (C) the Additional U.S. Rules of Interpretation; (D) sections I to XXII, inclusive (encompassing chapters 1 to 99, and including all section and chapter notes, article provisions, and tariff and other treatment accorded thereto); and (E) the Chemical Appendix’.” Baxter Healthcare Corp. of P.R. v. United States, 182 F.3d 1333, 1337 (Fed.Cir.1999) (citing 19 U.S.C. § 3004(a) (1994)).
. Generally, a provitamin is “[a] substance which is converted into a vitamin within an organism.” Oxford English Dictionary 721 (2d ed. 1989); American Heritage Dictionary of the English Language 1412 (4th ed. 2000) ("A vitamin .precursor that the, body converts to its active form through normal metabolic processes. Carotene, for example, is a provitamin of vitamin A.”).
. The Explanatory Notes, "while not legally binding, are 'persuasive' and are ‘generally indicative’ of the proper interpretation of [a] tariff provision.” See Lemans Corp. v. United States, 660 F.3d 1311, 1316 (Fed.Cir.2011) (quoting Drygel, Inc. v. United States, 541 F.3d 1129, 1134 (Fed.Cir.2008)).
. The court held at summary judgment that "the stabilizing ingredients ... are not in quantities greater than'necessary to achieve stabilization and do not alter the molecule of beta-carotene” and the parties did not dispute this point at trial. Roche I, 34 CIT at-, 750 F.Supp.2d at 1381 n. 11.
. Beta-carotene is an organic chemical. See Tr. 124.
. Heading 2936 covers: "Provitamins and vitamins, natural or reproduced by synthesis (including natural concentrates), derivatives thereof used primarily as vitamins, and inter-mixtures of the foregoing, whether or not in any solvent.”
. Although it did not have the burden of proof, the defendant attempted to demonstrate at trial that the stabilizing ingredients made the pelletized crystals more suitable for absorption by the human intestines than would otherwise be the case. The defendant's purpose was to demonstrate that the stabilizers made the BetaTab particularly suitable for a particular use. The defendant, however, did not succeed. There was no evidence produced at trial that the stabilizing ingredients made the merchandise more absorbable by the intestines than provitamin A would be if stabilized by other ingredients. Hence, even if increased bioavailability were sufficient to exclude classification under Chapter 29, the facts necessary for that proposition were not established at trial.
. HTSUS 2936.10.00 reads in full: "Provitamins and vitamins, natural or reproduced by synthesis (including natural concentrates), derivatives thereof used primarily as vitamins, and intermixtures of the foregoing, whether or not in any solvent: Provitamins, unmixed.”
. HTSUS 2936.90.00 reads in full: "Provitamins and vitamins, natural or reproduced by synthesis (including natural concentrates), derivatives thereof used primarily as vitamins, and intermixtures of the foregoing, whether or not in any solvent: Other, including natural concentrates.”
.It is worth noting that all of the subheadings of heading 2936 carry a duty rate of “Free.”
. "An eo nomine provision is one ‘in which an item is identified by name.' ” Arko Foods Int’l, Inc. v. United States, 33 CIT-,-, 679 F.Supp.2d 1369, 1375 n. 24 (2009) (quoting Len-Ron Mfg. Co. v. United States, 334 F.3d 1304, 1308 (Fed.Cir.2003)).
| CASELAW |
Organism
In biology, an organism is any contiguous living system (such as animal, fungus, micro-organism, or plant). In at least some form, all types of organisms are capable of responding to stimuli, reproduction, growth and development, and maintenance of homeostasis as a stable whole.
An organism may be either unicellular (a single cell) or, as in the case of humans, comprise many trillions of cells grouped into specialized tissues and organs. The term multicellular (many cells) describes any organism made up of more than one cell.
All organisms living on Earth are divided into the eukaryotes and prokaryotes based on the presence or absence of true nuclei in their cells. The prokaryotes represent two separate domains, the Bacteria and Archaea. Eukaryotic organisms are characterized by the presence of a membrane-bound cell nucleus, and contain additional membrane-bound compartmentalization called organelles (such as mitochondria in animals and plastids in plants, both generally considered to be derived from endosymbiotic bacteria). Fungi, animals and plants are examples of kingdoms of organisms that are eukaryotes.
In 2002 Thomas Cavalier-Smith proposed a clade, Neomura, which groups together the Archaea and Eukarya. Neomura is thought to have evolved from Bacteria, more specifically from Actinobacteria. See Branching order of bacterial phyla.
Read more about Organism: Etymology, Semantics, Organizational Terminology, Chemistry, Structure, Life Span, Evolution, See Also
Famous quotes containing the word organism:
Apathy is one of the characteristic responses of any living organism when it is subjected to stimuli too intense or too complicated to cope with. The cure for apathy is comprehension.
John Dos Passos (1896–1970)
fundamentally an organism has conscious mental states if and only if there is something that it is like to be that organism—something it is like for the organism.
Thomas Nagel (b. 1938)
All progress is based upon a universal innate desire on the part of every organism to live beyond its income.
Samuel Butler (1835–1902) | ESSENTIALAI-STEM |
Locale Table
Stores locale information, which consists of country and language combinations. Use the LocaleCode column as the foreign key into this table.
Table 1. Database columns for Locale table
Database Column
Details
LocaleCode
Type: text (max 6 characters). Key
A combination of the language code and country code, separated by a hyphen. If there is no country code, then there will be no hyphen added. This column MUST have the correct value when inserted, based on the values of the language and country codes.
LangCode3
Type: text (max 3 characters). Key
The three letter language code.
CountryCode
Type: text (max 2 characters). Key. Nullable
The two letter country code.
LocaleName
Type: text (max 128 characters)
The name of the locale. For example, “English (United States)”.
MSLocaleID
Type: integer. Nullable
The Microsoft identifier for the locale. For example, 1033 for English (United States). | ESSENTIALAI-STEM |
Talk:Cochiquito Volcanic Group
Sources to use
This one Jo-Jo Eumerus (talk) 16:48, 14 April 2023 (UTC) | WIKI |
Wikipedia:Articles for deletion/Concordia Preparatory School (Utah)
The result was Keep given consensus, nac, SwisterTwister talk 03:40, 16 October 2017 (UTC)
Concordia Preparatory School (Utah)
* – ( View AfD View log Stats )
No indication of notability that I can see. It's a school, one of millions in the world. Justlettersandnumbers (talk) 22:17, 2 October 2017 (UTC)
* Correction: it was a school – apparently it is now defunct. Justlettersandnumbers (talk) 22:20, 2 October 2017 (UTC)
* Comment. Many sources are evident for this school during its 27 years as Salt Lake Lutheran High School, see e.g. the HighBeam search results. --Arxiloxos (talk) 23:25, 2 October 2017 (UTC)
* Note: This debate has been included in the list of Schools-related deletion discussions. Shawn in Montreal (talk) 23:53, 2 October 2017 (UTC)
* Note: This debate has been included in the list of Christianity-related deletion discussions. Shawn in Montreal (talk) 23:53, 2 October 2017 (UTC)
* Note: This debate has been included in the list of Utah-related deletion discussions. Shawn in Montreal (talk) 23:53, 2 October 2017 (UTC)
* Keep. All schools are notable, ever former schools. Once notable, always notable. Eastmain (talk • contribs) 02:34, 3 October 2017 (UTC)
* "All schools are notable" is not in accordance with Wikipedia guidelines: see WP:NSCHOOL and WP:SCHOOLOUTCOMES. Shhhnotsoloud (talk) 04:23, 3 October 2017 (UTC)
Relisted to generate a more thorough discussion and clearer consensus.
* Keep as a secondary school per longstanding precedent and consensus. -- Necrothesp (talk) 09:32, 5 October 2017 (UTC)
* Delete . I'm unable to find any significant coverage per WP:GNG and WP:ORG, using either the school's present or former name. The sources identified by Arxiloxos are WP:ROUTINE, mostly reporting the results of school sports matches. Eastmain is correct that notability is not temporary, but this school was never notable, and still isn't. WP:ORG says that "No company or organization is considered inherently notable. No organization is exempt from this requirement, no matter what kind of organization it is, including schools." Pburka (talk) 02:50, 7 October 2017 (UTC)
* Comment: This newspaper article is reasonably in-depth. Eastmain (talk • contribs) 04:10, 7 October 2017 (UTC)
* It is. I've withdrawn my !vote. Pburka (talk) 23:36, 13 October 2017 (UTC)
Please add new comments below this notice. Thanks, North America1000 02:22, 9 October 2017 (UTC)
* Keep, and consider renaming as Salt Lake Lutheran High School. I accept, for the purposes of this discussion, that evidence of notability is needed. And this is not as obvious a case as, for example, the recent discussions at Articles for deletion/Rouse High School and its subsequent deletion review, since this was not a public school, and evidently smaller. But this was also not one of the tiny or nearly unverifiable schools that were the focus of the recent and laboriously argued RfC. Here we have substantial coverage in regional media of the sort that consensus has long accepted as being sufficient to establish that a school passes WP:N--especially (though not only) during the decades of its existence as Salt Lake Lutheran. Yes, quite a bit of it is sports, but certainly not just line scores . The RfC closure expressly acknowledged that "schools are special", and the discussion makes clear that coverage in local media can still be enough to meet the notability threshhold. --Arxiloxos (talk) 19:31, 11 October 2017 (UTC)
* Keep and move back to the Salt Lake name which it had for most of its existence, and under which it is notable.--Milowent • hasspoken 04:36, 12 October 2017 (UTC)
* Keep and rename. Meets WP:GNG. Just Chilling (talk) 16:40, 15 October 2017 (UTC)
| WIKI |
Can I Get HIV from a Mosquito Bite?
Understanding Why HIV Transmission Risk Is
Creative Commons https://en.wikipedia.org/wiki/Mosquito#/media/File:Mosquito_Tasmania_crop.jpg
J.J. Harrison
Question: Can I get infected with HIV from mosquitoes?
Answer: The simple answer is no.
From the very start of the HIV epidemic, there have been concerns about the transmission of HIV through biting and bloodsucking insects, such as mosquitoes. It was a natural concern given that many diseases, such as malaria and Zika fever, are readily transmitted through insect bite.
However, this is not the case with HIV.
Epidemiological studies conducted by the Centers for Disease Control and Infection in Atlanta have shown no evidence of HIV transmission through mosquitoes or any other insects, even in countries with extremely high rates of HIV and uncontrolled mosquito infestations. The lack of such outbreaks supports the conclusion that HIV cannot be transmitted by the insects.
Why HIV Cannot Be Transmitted Through Mosquitoes
From a biological perspective, mosquito bites do not result in the blood-to-blood transmission (which would be considered the route of infection for a bloodborne virus like HIV). Instead, the insect injects saliva and anticoagulants which enable the mosquito to feed more efficiently. As such, blood itself is not injected from person to person, and that's important for a number of reasons.
While diseases such as yellow fever and malaria are readily transmitted through the salivary secretions of certain species of mosquitoes, HIV does not have the ability to reproduce or thrive in insects since there are no host cells (such as T-cells), which the virus needs to enable replication.
Instead, the virus is digested within the mosquito's gut along with the blood cells on which the insect feeds.
Even if HIV were ale to survive for a short period of time, the minute quantity of virus that a mosquito might carry would make transmission invariably impossible. In order to ensure viability, it would take around 10 million mosquitoes to accrue enough virus to enable transmission.
Bottom line, HIV transmission can only occur under four specific conditions. If any of these conditions are not satisfied, the likelihood of infection is considered negligible to nil:
• There must be a body fluid (blood, semen or breast milk) in which HIV can thrive. It cannot thrive in saliva, urine, sweat or feces.
• There must be a route by which the virus can readily enter the body, either through vulnerable mucosal tissues or direct blood-to-blood transmission.
• There must be ample quantity of HIV to effect infection. We know, for example, that the lower a person's viral load, the lower the risk of infection.
Under these conditions, HIV transmission through mosquito bites in considered impossible.
Types of Mosquito-Borne Diseases
While mosquitoes pose no threat of HIV transmission, there are other types of diseases associated with mosquito bites. Among them:
• Chikungunya
• Dengue
• Eastern equine encephalitis
• Filariasis
• Japanese encephalitis
• La Crosse encephalitis
• Malaria
• St. Louis encephalitis
• Venezuela encephalitis
Mosquitoes are known to carry many classes of infectious diseases, including viruses and parasites.
Mosquitoes are estimated to transmit disease to more than 700 million people each yer, resulting in millions of resulting deaths. These disease outbreaks are most commonly seen in Africa, Asia, Central America and South America, where disease prevalence, temperate climates and lack of mosquito control provide greater opportunity for he spread of mosquito-borne diseases.
Sources:
Igbal, M. "Can we get AIDS from mosquito bites?" The Journal of the Louisiana State Medical Society. August 1999: 151(8): 429-33.
Caraballo, H. "Emergency Department Management Of Mosquito-Borne Illness: Malaria, Dengue, And West Nile Virus". Emergency Medicine Practice. May 2014; 16 (5): 1-23.
Continue Reading | ESSENTIALAI-STEM |
[ Type Testing | Reference Manual | Alphabetic Index ]
current_functor(?PredSpec)
Succeeds if PredSpec is a functor known to the system.
PredSpec
Functor in the form Name/Arity or variable.
Description
Used to test whether PredSpec is a functor known to the system or to return all functors defined.
Note that PredSpec is specified in the format Name/Arity and may be specified with Name as an atom or variable and/or Arity as an integer or variable.
Modes and Determinism
Fail Conditions
Fails if PredSpec is not a currently known functor
Exceptions
(5) type error
PredSpec is instantiated but not in the format Atom / Integer
Examples
Success:
current_functor(findall/N).
current_functor(N/4).
current_functor((',')/2).
[eclipse]: current_functor(X).
X = '' / 0 More? (;)
X = findall / 0 More? (;)
X = findall / 3 More? (;)
X = at_eof_handler / 0 More? (;) % RETURN pressed
yes.
[eclipse]:
Fail:
current_functor(myfunctor/100).
Error:
current_functor(abc) Error 5.
current_functor(man(1)). Error 5.
See Also
atom / 1, current_atom / 1, current_op / 3 | ESSENTIALAI-STEM |
How a Bear Market Can Actually Boost Your Retirement Savings
When thestock market trendsin the same direction for a prolonged period, it's generally classified as either a bull market or a bear market. A bull market occurs when stock prices continuously rise, and a bear market occurs when prices decline for an extended period.
Although nobody likes seeing their retirement savings and net worth decline during bear markets, for many people, there's no need to panic and begin selling their investments. In fact, bear markets can work wonders for your retirement portfolio in the long run.
Image source: Getty Images.
Buying the dip
When stock prices begin to drop, you often hear people encouraging others to "buy the dip." For people focused on long-term investing, buying the dip accomplishes one important thing: It brings down your cost basis. Your cost basis tells you how much you've essentially paid for each share of a company you own, accounting for the fact you likely purchased different shares at different prices over time.
If you bought 10 shares of a company at $50 each, your cost basis would be $50. If the stock's price increased to $100 and you bought 10 more shares, your new cost basis would be $75:
10 shares * $50 = $500
10 shares * $100 = $1,000
$1,500 / 20 shares = $75
Your cost basis is important because it affects just how much profit you receive when you eventually sell the shares. You and someone else could sell the same number of shares at the same time for the same price, but the person with a lower cost basis would have received a higher profit.
If you truly believe in the long-term potential of a company or fund, whenever prices begin to drop in the short-term, you can view this as a chance to get sound investments at a "discount." If you would invest in a company at $100 per share, if it drops to $80, you should still feel comfortable making that investment.
Cash has an important role
Outside of your emergency fund -- which should be three to six months' worth of expenses -- cash can also play an important role in your investing strategy. There's no concrete answer as to what percentage of your portfolio should be in cash, but a rule of thumb is to at least keep 5% in cash. Having cash readily available in your portfolio allows you to take advantage of bear markets and falling prices.
Imagine you were an investor in ExxonMobil (NYSE: XOM) before the stock market crash at the start of the coronavirus pandemic in March 2020. If you had cash readily available, you could've bought more shares of ExxonMobil for $33 each on March 20, 2020. For $1,650, you could've purchased 50 shares. Those same 50 shares are worth over $4,200 as of April 12, 2022.
Keep your eyes on the prize
The only thing certain in the stock market is uncertainty; trying to time the market is all but impossible to do consistently long term, and the added stress oftentimes makes it not worth even trying. As a long-term investor focused on saving for retirement, you shouldn't let short-term price fluctuations discourage you from continuing to invest.
History has shown us that fundamentally and financially sound companies will find ways to weather bad economic storms and keep their businesses rolling. If you have a while before retirement and can wait out bear markets, you should do just that -- you'll likely be glad you did.
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Stefon Walters has no position in any of the stocks mentioned. The Motley Fool has no position in any of the stocks mentioned. The Motley Fool has a disclosure policy.
The views and opinions expressed herein are the views and opinions of the author and do not necessarily reflect those of Nasdaq, Inc. | NEWS-MULTISOURCE |
Dave Tennant
David Tennant (born 13 June 1945) is an English former footballer who made 75 appearances in the Football League playing as a goalkeeper for Walsall, Lincoln City and Rochdale. He also played non-league football for Worcester City, Corby Town and Skegness Town. | WIKI |
Article
Risk of ischemic heart disease in women after radiotherapy for breast cancer.
Clinical Trial Service Unit, University of Oxford, Oxford, United Kingdom.
New England Journal of Medicine (Impact Factor: 54.42). 03/2013; 368(11):987-98. DOI: 10.1056/NEJMoa1209825
Source: PubMed
ABSTRACT Radiotherapy for breast cancer often involves some incidental exposure of the heart to ionizing radiation. The effect of this exposure on the subsequent risk of ischemic heart disease is uncertain.
We conducted a population-based case-control study of major coronary events (i.e., myocardial infarction, coronary revascularization, or death from ischemic heart disease) in 2168 women who underwent radiotherapy for breast cancer between 1958 and 2001 in Sweden and Denmark; the study included 963 women with major coronary events and 1205 controls. Individual patient information was obtained from hospital records. For each woman, the mean radiation doses to the whole heart and to the left anterior descending coronary artery were estimated from her radiotherapy chart.
The overall average of the mean doses to the whole heart was 4.9 Gy (range, 0.03 to 27.72). Rates of major coronary events increased linearly with the mean dose to the heart by 7.4% per gray (95% confidence interval, 2.9 to 14.5; P<0.001), with no apparent threshold. The increase started within the first 5 years after radiotherapy and continued into the third decade after radiotherapy. The proportional increase in the rate of major coronary events per gray was similar in women with and women without cardiac risk factors at the time of radiotherapy.
Exposure of the heart to ionizing radiation during radiotherapy for breast cancer increases the subsequent rate of ischemic heart disease. The increase is proportional to the mean dose to the heart, begins within a few years after exposure, and continues for at least 20 years. Women with preexisting cardiac risk factors have greater absolute increases in risk from radiotherapy than other women. (Funded by Cancer Research UK and others.).
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ABSTRACT: It is well established that high-dose ionising radiation causes cardiovascular diseases. In contrast, the evidence for a causal relationship between long-term risk of cardiovascular diseases after moderate doses (0.5-5 Gy) is suggestive and weak after low doses (<0.5 Gy). However, evidence is emerging that doses under 0.5 Gy may also increase long-term risk of cardiovascular disease. This would have major implications for radiation protection with respect to medical use of radiation for diagnostic purposes and occupational or environmental radiation exposure. Therefore, it is of great importance to gain information about the presence and possible magnitude of radiation-related cardiovascular disease risk at doses of less than 0.5 Gy. The biological mechanisms implicated in any such effects are unclear and results from epidemiological studies are inconsistent. Molecular epidemiological studies can improve the understanding of the pathogenesis and the risk estimation of radiation-induced circulatory disease at low doses. Within the European DoReMi (Low Dose Research towards Multidisciplinary Integration) project, strategies to conduct molecular epidemiological studies in this field have been developed and evaluated. Key potentially useful European cohorts are the Mayak workers, other nuclear workers, uranium miners, Chernobyl liquidators, the Techa river residents and several diagnostic or low-dose radiotherapy patient cohorts. Criteria for informative studies are given and biomarkers to be investigated suggested. A close collaboration between epidemiology, biology and dosimetry is recommended, not only among experts in the radiation field, but also those in cardiovascular diseases.
Mutation Research/Reviews in Mutation Research 04/2015; DOI:10.1016/j.mrrev.2015.03.002 · 7.33 Impact Factor
• Source
• Source
[Show abstract] [Hide abstract]
ABSTRACT: To compare the target volume coverage and doses to organs at risks (OARs) using three techniques that simultaneous integrated boost (SIB) in whole-breast irradiation (WBI) after breast-conserving surgery, including intensity-modulated radiation therapy (IMRT), IMRT plus an electron boost (IMRT-EB), and volumetric-modulated arc therapy (VMAT). A total of 10 patients with early-stage left-sided breast cancer after breast-conserving surgery were included in this study. IMRT, IMRT-EB and VMAT plans were generated for each patient. The conformity index (CI) of the planning target volumes evaluation (PTV-Eval) of VMAT was significantly superior to those of IMRT and IMRT-EB (P < 0.05). The CI of the PTV Eval-boost of VMAT was better than that of IMRT (P = 0.018) and IMRT-EB (P < 0.001), while the CI of the PTV Eval-boost of IMRT was better than that of IMRT-EB (P = 0.002). The V5, V10 and Dmean in ipsilateral lung with VMAT were significantly higher than IMRT (P < 0.05) and IMRT-EB (P < 0.05). The Dmean, V5 and V10 in heart with VMAT were significantly greater than those of IMRT and IMRT-EB (P < 0.05). There was no significant difference in the OARs between IMRT and IMRT-EB (P > 0.05). Considered the target volume coverage and radiation dose delivered to the OARs (especially the heart and lung), IMRT may be more suitable for the SIB in WBI than IMRT-EB and VMAT. Additional clinical studies with a larger sample size will be needed to assess the long-term feasibility and efficacy of SIB using different radiotherapy techniques.
PLoS ONE 03/2015; 10(3):e0120811. DOI:10.1371/journal.pone.0120811 · 3.53 Impact Factor | ESSENTIALAI-STEM |
Converts to Islam are likelier to radicalise than native Muslims - Zeal of the convert
DECADES before he murdered four people outside the Houses of Parliament, Khalid Masood was a schoolboy from well-to-do Tunbridge Wells named Adrian Russell Ajao. Investigators may never learn the true motives for his attack. But one of the few facts known for certain is that Masood’s case fits into a broad but poorly understood trend: Muslim converts in the West are much likelier than their native-born co-religionists to engage in terrorism, or travel abroad to fight for jihadist organisations like Islamic State (IS). Upgrade your inbox and get our Daily Dispatch and Editor's Picks. In Britain, converts make up less than 4% of Muslims but 12% of home-grown jihadists. About a fifth of American Muslims were raised in another religion, yet two-fifths of those arrested on suspicion of being IS recruits in 2015 were converts (see chart). In France, Germany and the Netherlands, converts are around four times as likely as lifelong Muslims to go to fight in Syria and Iraq. Terrorism experts have many theories, none of them conclusive. Surveys by John Horgan of Georgia State University show that converts seem more willing than native Muslims to radicalise. Some argue that this is because of their “double marginalisation”, by both bewildered non-Muslim friends and sceptical native Muslims, leaving them vulnerable to the overtures of radicals. According to defectors from IS, recruiters particularly prize new converts because they are harder for intelligence services to trace. Others note that many conversions to Islam in the West occur in prison. Peter Neumann of King’s College London provocatively contends that jihad “has become a counter-culture—the most bad-ass way of going against society.” The sheer diversity of cases frustrates efforts to understand why converts radicalise. Masood, the Westminster attacker, spent time in prison, but was an uncharacteristically old 52. Nicholas Young, a Washington, DC, transit-police officer who was arrested last year for supporting IS, was also a Nazi sympathiser. Others arrested in America for IS-related activities range from a 15-year-old boy to a 47-year-old ex-soldier. Douglas McCain, an American convert killed while fighting in the countryside of Aleppo province, was once an aspiring rapper. Most counter-terrorism policy pays little notice to converts and focuses on preventing extremism among immigrants—such as Donald Trump’s travel ban—or within established Muslim communities, like parts of Britain’s “Prevent” strategy. That may be short-sighted, and even counterproductive, argues Mr Neumann. Links to mainstream Islamic institutions could dissuade converts from falling into radicalism—and prevent its deadly consequences. | NEWS-MULTISOURCE |
(16b) Single Molecule Studies of Ionic Strength Effects on Interfacial DNA Searching and Hybridization
Authors:
Traeger, J. - Presenter, University of Colorado, Boulder
Schwartz, D. K., University of Colorado Boulder
Hybridization between soluble ssDNA strands (“targetâ€) with surface-immobilized complimentary oligonucleotides (“probeâ€) is an important function of many biotechnologies, and electrostatic repulsion between negatively-charged strands can inhibit surface hybridization kinetics such that electrostatic screening by salt counterions is required to induce hybridization. Changes in ionic strength in these systems have been shown to induce complex changes in DNA properties that may alter surface kinetics such as strand conformation, strand-surface interactions, and nonspecific interactions between probes and the surface. These complex changes may alter surface adsorption kinetics, molecular searching behavior, and the stability of associated complementary DNA pairs, affecting surface hybridization equilibria.
In this work, we utilize single-molecule total internal fluorescence microscopy to characterize the effect of electrostatic screening on oligonucleotide transport and hybridization at a solid-liquid interface by introducing dissolved DNA to these surfaces at various ionic strengths and a range of surface grafting density of immobilized probes. Through molecular tracking, we are able to characterize heterogeneous searching behaviors of molecules via anomalous surface diffusion. We correlate changes in molecular transport with changes in association kinetics between DNA strands, allowing us to assess how transport limitations affect successful hybridization. This provides insight into the specific mechanisms of surface hybridization that are affected by electrostatic repulsion. | ESSENTIALAI-STEM |
Fir
From Wikipedia, the free encyclopedia
(Redirected from Abies)
Jump to: navigation, search
Firs
Temporal range: 49–0Ma
[1]
Korean Fir (Abies koreana) cone and foliage
Scientific classification
Kingdom: Plantae
Division: Pinophyta
Class: Pinopsida
Order: Pinales
Family: Pinaceae
Genus: Abies
Mill.
Species
See text
Fir (Abies) is a genus of 48–55 species of evergreen coniferous tree in the family Pinaceae. It is found through much of North and Central America, Europe, Asia, and North Africa, occurring in mountains over most of the range. Firs are most closely related to the genus Cedrus (cedar); Douglas firs are not true firs, being of the genus Pseudotsuga.
All native species reach heights of 10–80 m (30–260 ft) tall and trunk diameters of 0.5–4 m (2–12 ft) when mature. Firs can be distinguished from other members of the pine family by unique way of attachment of their needle-like leaves and by their different cones.
Identification of the species is based on the size and arrangement of the leaves, the size and shape of the cones, and whether the bract scales of the cones are long and exserted, or short and hidden inside the cone.
Leaves[edit]
A. alba - the underside of leaves with 2 whitish strips formed by wax-covered stomatal bands
A. grandis foliage - upper side of the leaves
Atypical A. alba foliage from Dinaric calcareous fir forests on Mt. Orjen
Firs can be distinguished from other members of the pine family by the unique attachment of their needle-like leaves to the twig by a base that resembles a small suction cup.
The leaves are significantly flattened, sometimes even look like pressed (A. sibirica).
They have 2 whitish strips on the bottom, each of which is formed by wax-covered stomatal bands. The upper surface of leaves usually is uniformly green, shining, without stomata or only with few at their tips, visible as whitish spots. Some of species however have upper surface of leaves dull, gray-green, bluish-gray to silvery, coated by wax with variable number of stomatal bands, not always continuous. An example species from first group is A. alba, second one A. concolor.
Tips of leaves are usually less or more notched (A. firma), sometimes rounded or dull (A. concolor, A. magnifica) or sharp and prickly (A. bracteata, A. cephalonica, A. holophylla). More sharp are leaves of young plants.
The way they spread from the shoot is very diverse, only in some of species comb-shaped, with the leaves arranged on two sides, flat (A. alba) [2]
Cones[edit]
Intact and disintegrated Bulgarian Fir cones
Immature cones of some of species or races are green, not purple-bluish. Manchurian Fir.
Disintegrating cones of Manchurian Fir
Firs differ from other conifers in having erect, cylindrical cones 5–25 cm (2–10 in) long that disintegrate at maturity to release the winged seeds.
In contrast to spruce, even large fir cones do not hang, but are raised like candles.
Mature cones are usually brown, young in summer can be green, for example:
A. grandis, A. holophylla, A. nordmanniana
or purple and blue, sometimes very dark:
A. fraseri, A. homolepis (var. umbellata green), A. koreana ('Flava' green), A. lasiocarpa, A. nephrolepis (f. chlorocarpa green), A. sibirica, A. veitchii (var. olivacea green). [2]
Classification[edit]
• Section Grandis (western North America to Mexico and Guatemala, lowlands in north, moderate altitudes in south)
• Section Amabilis (Pacific coast mountains, North America and Japan, in high rainfall mountains)
A. fabri, Sichuan, China
• Section Oiamel (Central Mexico, at high altitude)
A. magnifica, California, USA
Uses and ecology[edit]
The wood of most firs is considered unsuitable for general timber use, and is often used as pulp or for the manufacture of plywood and rough timber. Because this genus has no insect or decay resistance qualities after logging, it is generally recommended for construction purposes as indoor use only (e.g. indoor drywall framing). This wood left outside cannot be expected to last more than 12 to 18 months, depending on the type of climate it is exposed to. It is commonly referred to by several different names, including North American timber, SPF (spruce, pine, fir) and whitewood.
Nordmann Fir, Noble Fir, Fraser Fir and Balsam Fir are popular Christmas trees, generally considered to be the best for this purpose, with aromatic foliage that does not shed many needles on drying out. Many are also decorative garden trees, notably Korean Fir and Fraser Fir, which produce brightly coloured cones even when very young, still only 1–2 m (3–6 ft) tall. Other firs can grow anywhere between 30 and 236 feet tall. Fir Tree Appreciation Day is June 18.
Firs are used as food plants by the caterpillars of some Lepidoptera species, including Chionodes abella (recorded on White Fir), Autumnal Moth, Conifer Swift (a pest of Balsam Fir), The Engrailed, Grey Pug, Mottled Umber, Pine Beauty and the tortrix moths Cydia illutana (whose caterpillars are recorded to feed on European Silver Fir cone scales) and C. duplicana (on European Silver Fir bark around injuries or canker).
Abies spectabilis or Talispatra is used in Ayurveda as an antitussive drug.[citation needed]
Notes[edit]
1. ^ a b c Schorn, Howard; Wehr, Wesley (1986). "Abies milleri, sp. nov., from the Middle Eocene Klondike Mountain Formation, Republic, Ferry County, Washington". Burke Museum Contributions in Anthropology and Natural History 1: 1–7.
2. ^ a b c Seneta, Włodzimierz (1981). Drzewa i krzewy iglaste (Coniferous trees and shrubs) (in Polish) (1st ed.). Warsaw: Państwowe Wydawnictwo Naukowe (PWN). ISBN 83-01-01663-9.
Bibliography[edit]
Philips, Roger. Trees of North America and Europe, Random House, Inc., New York ISBN 0-394-50259-0, 1979.
External links[edit] | ESSENTIALAI-STEM |
HD 82205
HD 82205 (HR 3770) is a solitary star in the southern constellation Antlia. It is faintly visible to the naked eye with an apparent magnitude of 5.48 and is estimated to be 810 light years distant based on parallax measurements. However, it is receding with a heliocentric radial velocity of $$.
HD 82205 has a general stellar classification of K3 III, indicating that it is a red giant. However, Houk and Cowley (1982) found a slightly warmer class of K2 III CNII, which also suggests a strong overabundance of cyano radicals in the stellar atmosphere. At present it has 4.46 times the mass of the Sun but has expanded to 38.9 times its girth. It shines with a luminosity of $$ from its enlarged photosphere at an effective temperature of $$, giving an orange hue. HD 82205 has a metallicity 123% that of the Sun and is believed to be a member of the thin disk population. Currently, it spins with a projected rotational velocity lower than $$.
There is a 14th magnitude optical companion separated $12 km/s$ away along a position angle of $552 solar luminosity$. The object was first noticed by T.J.J See in 1897. | WIKI |
User:TooManyOptions/Disease ecology
Disease ecology is a sub-discipline of ecology concerned with the mechanisms, patterns, and effects of host-pathogen interactions, particularly focusing on infectious diseases through the lens of environmental factors and the affected communities. Disease ecology operates under the assumption that host-pathogen interactions can be conceptually united with other interspecific interactions, such as predation or parasitism.
While the field is often defined within the context of ecology as a whole, disease ecology relates ideas from a wide variety of medical and biological disciplines including immunology, epidemiology, and genetics.
Parasitism
Disease ecology views infections as parasitism, considering bacterial and viral infections as microparasites. Parasitism in ecology is important because it can shape the way many habitats function. Parasites can alter the timings of ecological events, such as biogeochemical cycles, and can shift the flow of energy in a habitat. Parasites are able to limit population growth, which may lead to a shift in the balance of an ecosystem. Another way parasites impact systems is through nutrient cycles. Parasites are able to alter the distribution of nutrients in a system through the relationship they have with a host and the host’s diet. Parasites are capable of such a significant impact because they are well specialized to infect their hosts. Ideally for the parasite, the host remains alive and able to sustain the parasite until it reproduces but parasite aggregation and diseases can cause more damage to a host than is sustainable. Because most microparasites are specialized to specific hosts, diseases that are specialized for the same hosts use those parasites as vectors, which can cause further stress on the host.
Parasite aggregation
Most individual parasites cause a negligible effect on their hosts, but a host infected with tens or hundreds of parasites can be severely inhibited by the stress. Parasites are not evenly distributed among their hosts. The 80:20 rule, also known as the Pareto Principle, applies to parasite aggregation in hosts. On average, 80% of the parasite load is distributed among 20% of the hosts.
In relation to predator-prey interaction
When a host has become encumbered by the stress of its parasites, it becomes easier to prey upon. Predators often will prefer sick or infected prey because of the opportunity weak prey presents. Without the presence of a predator species the prey species could exceed manageable numbers, leading to the rapid spread of pathogens throughout the prey population. However, predator feeding can also disturb a pathogen that was previously dormant, leading to an outbreak that otherwise would not have occurred. Some parasites are able to survive when their host species is consumed, leading to the parasite being distributed in the waste of the predator which can continue the spread of disease.
SIR Model
Found in disease ecology as well as epidemiology, SIR models are used as a simple way to model how a disease that confers immunity after infection. SIR, categorizes individuals into three labels based upon their interaction with the disease: Susceptible, Infected, or Recovered. Susceptible individuals have never come into contact with the disease and hold no immunity. Infected individuals are currently contagious and able to spread the disease to any susceptible individual they contact. Recovered individuals are those who had the disease, survived, and retain immunity. By altering the infectious period, infectivity of the disease, and death rates the SIR model can model outbreaks as function over time.
Climate change*
As climate change continues to disrupt ecosystems around the world it makes both human and non-human populations more vulnerable to disease. The subject is increasingly attracting the attention of health professionals and climate-change scientists, particularly with respect to malaria and other vector-transmitted human diseases. As climates change, diseases vectors ranges are increasing, allowing diseases to reach new territories. This is an important, novel field that requires further research. | WIKI |
DGM
DGM may refer to:
* DGM (band), an Italian metal band
* Discipline Global Mobile, a British record label
* DGM Racing, a Canadian stock car racing team | WIKI |
Jamie's Meat-Free Meals
Jamie's Meat-Free Meals is a UK food lifestyle programme which aired on Channel 4 in 2019. In each half-hour episode, host Jamie Oliver creates inspirational vegetarian meals. In the show, Oliver also explores vegetarianism in the United Kingdom and abroad.
The show premiered on 2 September 2019 and concluded with its series finale episode on 21 October 2019.
Book
* Veg: Easy & Delicious Meals for Everyone, ISBN<PHONE_NUMBER>767
Note
Outside the United Kingdom, the series is known as Jamie's Ultimate Veg. | WIKI |
Rhymes:Finnish/isu
Pronunciation
* /-isu/
Two syllables
* kisu
* misu
* nisu
* pisu
* risu
* sisu
* tisu
* visu | WIKI |
Hungarian PM Orban insists on special powers to handle virus crisis, mulls lockdown
BUDAPEST (Reuters) - Hungarian Prime Minister Viktor Orban told parliament on Monday his cabinet wanted to extend its emergency powers to tackle the coronavirus crisis and he rejected opposition calls for setting a limit to how long they would last. Justice Minister Judit Varga submitted legislation to parliament on Friday that would extend the state of emergency indefinitely. It would also impose prison sentences of up to five years on those hindering measures that are aimed at containing the spread of the virus and also on those spreading false information. Opposition parties told parliament that while they supported the government’s efforts to manage the crisis, they want a 90-day limit to the government’s special powers, which parliament could extend again if necessary. They also urged online voting if parliament cannot convene for some reason. Orban has been often in conflict with the European Union, and rights organization over his perceived erosion of democratic checks and balances and the rule of law. “You are asking authorization, without any time limits ... which is unprecedented in Europe,” Timea Szabo, lawmaker of the opposition party Parbeszed (Dialogue) said. The leftist Socialists and the Democratic Coalition (DK) also said they could not back the legislation with infinite special powers to pass decrees. Nationalist Orban, who has been in power since 2010 with a strong mandate, said the opposition’s accusations were unjustified and urged his ruling Fidesz party to push through measures in parliament with its two-thirds mandate, saying he needed “133 brave men” now. He said parliament would have the right to withdraw the special powers at any point. “We will resolve this crisis without you, even of you do not support this bill,” Orban told the opposition lawmakers. He also said the government was weighing the option of a national lockdown to combat the coronavirus. The government declared a state of emergency on March 11 which was valid for 15 days and now aims to extend it. To pass the bill in an accelerated procedure, it needs support of 80% of lawmakers in parliament. A Fidesz lawmaker has said if it does not get this mandate, it will pass the bill nonetheless next week. The number of confirmed cases stood at 167 on Monday and seven people have died. Reporting by Krisztina Than and Anita Komuves; Editing by Angus MacSwan | NEWS-MULTISOURCE |
Government: Obamacare coverage gains starting to retreat
(CNN)The coverage gains achieved by the Affordable Care Act are starting to erode. The uninsured rate for those ages 45 to 64 jumped to 10.3% in 2018, up from 9.3% a year earlier, according to a report from the Centers for Disease Control and Prevention published Thursday. It's the first time a government study has shown an increase in the rate, though polling and research groups had previously found that people had been losing their health insurance since President Donald Trump took office. The increase comes two years into Trump's administration, which has sought to undermine and dismantle the Affordable Care Act as well as add restrictions to Medicaid. Enrollment in both programs has been slipping. The landmark health care law is credited with extending coverage to millions of Americans, prompting the uninsured rate for non-elderly adults to plummet from 22.3% in 2010, the year Obamacare passed, to a low of 12.4% in 2016. Last year, it stood at 13.3%, though the agency noted the difference was not statistically significant. The CDC report does not explain why the rate for those ages 45 to 64 has climbed while remaining stable for younger adults. These middle-age Americans have the lowest uninsured rate among non-elderly adults. The share of this cohort without insurance began creeping up in 2015, but the changes were not statistically significant until now. The uninsured rate serves as a gauge for Trump's impact on coverage. Other nongovernmental research groups have previously reported evidence that it has been on the rise. The Kaiser Family Foundation reported in December that the number of uninsured non-elderly Americans rose by nearly 700,000 in 2017 and the rate inched up to 10.2%, from 10%. It used federal American Community Survey data, which draws on a larger sample size than the survey the Census Bureau uses to determine the official uninsured rate, which showed no significant change between 2016 and 2017. Driving the increase was an upswing in the uninsured rate in states that did not expand Medicaid, particularly among non-Hispanic blacks and those living above the poverty line within those states, Kaiser found. While coverage rates rose and then stabilized in the first few years after the Affordable Care Act's implementation, "now we are starting to see signs that things are going in a different direction," said Rachel Garfield, associate director in Kaiser's Program on Medicaid and the Uninsured. The most common reason why people remained uninsured is because the cost of coverage is too high, according to Kaiser. Some may not be aware that they are entitled to federal assistance. Meanwhile, Gallup found that the uninsured rate for adults was 13.7% in the fourth quarter of 2018, the highest in more than four years and well above the low point of 10.9% in 2016. That represents an increase of about 7 million uninsured people, according to Gallup, which polls Americans on their health coverage status. | NEWS-MULTISOURCE |
Ways across the Country
Ways across the Country (German: Wege übers Land) is a 1968 East German television miniseries, directed by Martin Ackermann.
Episode I
November 1939. Gertrud Habersaat is a maid in the house of the Leßtorffs, the richest farmers in Rakowen, a village in Mecklenburg. She is pregnant with Jürgen Leßtorff's baby, and hopes he will marry her. But after returning from the war in Poland, he forsakes her in favor of Countess Palvner and joins Hans Frank's staff in the newly formed General Government. Gertrud is forced to have an abortion and to marry Emil Kalluweit, a landless worker. Willi Heyer, a communist recently released from prison who was on probation in Rakowen, escapes to join the underground.
Episode II
Kalluweit is given a farm in Poland, where he and his wife are to be part of the new 'Master Race'. They witness the brutal deportation of the local Poles. Gertrud saves a little girl, Mala, who is harassed by SS men and adopts her. Heyer, who is now imprisoned in a concentration camp, saves Polish professor Pinarski from the AB Action; they escape the camp. When Gertrud discovers that Mala is Jewish, she finds Leßtorff and convinces him to arrange fake papers for her; he agrees, on condition that she takes in another child, Stefan. Kalluweit volunteers to join the Wehrmacht after SS officer Schneider wants to draft him to his organization.
Episode III
In 1945, Gertrud and the children flee the Red Army. She returns to Rakowen, where Heyer is appointed mayor by the Soviet authorities. Leßtorff returns, after hiding his wartime activities from his British captors. Heyer confiscates the rich farmers' cows to provide milk for the starving children of the refugees. When Heyer leaves to meet the Soviet commandant, the wealthy villagers seize power again. Schneider, who hides in Leßtorff's farm, threatens Gertrud not to reveal his identity. She leaves the village, but the returning Heyer convinces her to stay. He confronts the villagers and wins them over. Gertrud exposes Schneider, who kills Jürgen while trying to escape. Countess Palvner, who owned most of the village's land, is deported and her possessions are re-distributed to her former serfs.
Episode IV
The need to modernize and to maximize production leads most of the villagers to agree to the formation of an agricultural cooperative. Gertrud resists the plans to hand over her land, but Heyer convinces her to accept it, and she eventually becomes the chairperson of the new cooperative.
Episode V
Emil Kalluweit, now a rich West German businessman, returns to the village and tries to convince Gertrud to leave with him. Stefan's mother is revealed to be alive, and visits her son, who is torn between her and his German upbringing. Gertrud decides to remain in Rakowen, starting a new life with Heyer.
Cast
* Ursula Karusseit - Gertrud Habersaat
* Manfred Krug - Willi Heyer
* Armin Mueller-Stahl - Jürgen Leßtorff
* Gerd Michael Henneberg - Friedrich-Wilhelm Krüger
* Angelica Domröse - Countess Palvner
* Anna Prucnal - Steffa
* Lothar Bellag - Hans Frank
* Christa Lehmann - Gertrud's mother
* Erika Pelikowsky - Jürgen's mother
* Erik S. Klein - Emil Kalluweit
* Katharina Hercher - little Mala Zimmerbaum (episodes II-III)
* Anne-Kathrein Kretzschmar - older Mala (episodes IV-V)
* Berko Acker - older Stefan
* Renate Rennhack - Martha Heyer
* Carmen-Maja Antoni - Irma
* Hans Klering - Leitkow
* Hans Hardt-Hardtloff - Siebold
* Ireneusz Kanicki - Jan
* Marian Melman - Pinarski
* Volkmar Kleinert - Schneider
* Ingolf Gorges - Fredi Neuschulz
* Otto Dierichs - Mr. Heinemann
* Erich Brauer - Hänsel
* Alwin Brosch - Frenzel
* Harry Merkel - miller
* Margit Bendokat - miller's wife
* Fritz Dallmann - blacksmith
* Aleksandra Karzyńska - Stefan's mother
Production
The series' script was written by the East German author Helmut Sakowski, who was already well known for his historical novels set in Mecklenburg. Its main theme, the portrayal of villagers' life, was common in East Germany's television during the late 1960s. The country's cultural establishment endorsed this trend, as a means to reach West German audiences: since West Germany had virtually no "agrarian-based" TV series at the time, it was hoped that such entertainment would attract Western viewers and improve the GDR's image. Ways across the Country was the most notable show to employ this feature. Another significant motif of the plot was the depiction of the wartime expulsion of Germans, a sensitive subject that was rarely dealt with openly at the time.
Reception
The series was broadcast in the evenings during a single week in September 1968, from the 22nd to the 27th. It was highly successful: according to rating surveys, 77.7% of East Germany's television viewers watched Wege übers Land. Deutscher Fernsehfunk therefore calculated it had an audience of some 7.8 million in the Democratic Republic alone. It was also well received in West Germany.
On 3 October 1968, Sakowski, director Martin Eckermann, cinematographer Hans-Jürgen Heimlich, dramatist Helga Korff-Edel and actors Ursula Karusseit, Christa Lehmann and Manfred Krug were all awarded the National Prize, 1st degree, for their work on the series. The VI East German Writers Congress devoted a discussion to the series, during which it was met by considerable approval. In 1969, Sakowski released a novel based on his script, by the same name, that was also adapted for theater.
The series was frequently re-aired in the following decades. In 1983, as the Stasi adopted a policy of 'no traitors on screen', it attempted to forbid its re-screening since several of the leading actors - including Armin Mueller-Stahl, Manfred Krug and Angelica Domröse - had moved to West Germany. Sakowski used his influence as the deputy-chairman of the GDR's Cultural Association to prevent this, and the series had another re-run in 1984. In 2010, it was released on DVD. | WIKI |
Mint
Install Kdenlive on Linux Mint 20
Install Kdenlive on Linux Mint 20
Introduction:
Kdenlive is a very well-designed video editing software for Linux, macOS, and Windows operating systems. It is free and open-source software which makes it all the more popular among the user community. Our goal for today is to install this video editor on a Linux Mint 20 system.
Method of Installing Kdenlive on Linux Mint 20:
To install Kdenlive on a Linux Mint 20 machine, the following steps are to be performed on it:
Step # 1: Add the Kdenlive Repository to your System:
First, you need to add the Kdenlive repository to your system with the command shown below:
$ sudo add-apt-repository ppa:kdenlive/kdenlive-stable
Once this repository is added to your Linux system, you will have to update it before installing Kdenlive on it.
Step # 2: Perform a System Update after Adding the Relevant Repository to it:
To update your Linux system, you have to run the following command:
$ sudo apt update
After performing this system update, you can proceed to the installation of Kdenlive on it.
Step # 3: Install Kdenlive on your System:
Kdenlive can be installed on your Linux Mint 20 system with the command shown below:
$ sudo apt install kdenlive
When Kdenlive has been successfully installed on your Linux system, then you can conveniently use it to edit your videos.
Step # 4: Check out the Installed Version of Kdenlive on your System:
To check the installed version of Kdenlive on your Linux system, you can run the following command:
$ kdenlive --version
The Kdenlive version on our Linux system is 21.04.1.
Step # 5: Launch Kdenlive through your System’s Terminal:
You can also launch this video editor through your terminal with the command shown below:
$ kdenlive
When you will execute this command, you will be able to see the welcome screen of Kdenlive as shown in the following image:
Removal Procedure of Kdenlive from Linux Mint 20:
To remove the Kdenlive video editor from your Linux system, the following two steps are to be performed:
Step # 1: Remove Kdenlive from your System:
First, you should remove Kdenlive along with its configuration files and all the extra packages and dependencies from your system with the command shown below:
$ sudo apt-get purge --autoremove kdenlive
Step # 2: Remove the Kdenlive Repository from your System:
Finally, you should also remove the Kdenlive repository from your Linux system with the following command:
$ sudo add-apt-repository –r ppa:kdenlive/kdenlive-stable
Conclusion:
We taught you the procedure of installing the Kdenlive video editor on a Linux Mint 20 system in this article. Once you have this software installed on your system, you can use it very conveniently for producing professional quality edited videos. However, as soon as you feel like you have a better alternative available for this software, then you can also remove it from your Linux system very easily.
Similar Posts | ESSENTIALAI-STEM |
What is a Stoma?
Stoma is a Greek word meaning ‘mouth’ or ‘opening’. A stoma looks like a small spout, deep pink in colour similar to the inside of the mouth (hence the Greek meaning) and, although it looks raw, it has no feeling. A stoma is the result of a surgical procedure to remove disease such as cancer, Crohn’s disease or Diverticulitis – or from a bowel obstruction or injury to the digestive or urinary system. It is an artificial opening that allows faeces or urine either from the intestine or from the urinary tract to pass.
The stomach
When you eat, the food travels down a long, narrow tube called the food pipe into your stomach. Here, the food is churned into smaller pieces and your digestive juices turn it into liquid.
The small bowels
The journey continues as the contents of your stomach move into the small bowel (ileum), where digestion finishes. Your body absorbs the nutrients it needs for energy, growth and building new cells and channels these into the bloodstream.
The large bowel
When all nutrition has been absorbed, the remains move into the large bowel (colon), where your body absorbs more fluid to make the waste more solid. The muscles in your colon wall then push any waste forward into your rectum, where it passes out of your body through your anus, with the aid of the sphincter muscles, as stool.
Types of Stomas
In a colostomy operation, part of your large bowel (colon) is brought to the surface of your abdomen to form a stoma (opening). A colostomy is usually made on the left-hand side of your abdomen, but may in some circumstances be on the right-hand side. When a colostomy is made on your abdomen it alters the usual way you go to the toilet to pass faeces. Instead of coming out through your anus, your faeces will pass through the stoma. The passing of faeces is usually controlled by a special sphincter muscle in the anus. However, the main difference for you when you have a stoma, is that you are no longer able to hold on to or have control over, when you need to pass faeces. You also do not have any control over when you pass wind or flatus.
Stools in this part of the intestine are solid and because a stoma has no muscle to control defecation, will need to be collected using a stoma pouch.
In an ileostomy operation, part of your small bowel (ileum) is brought to the surface of your abdomen to form a stoma (opening). An ileostomy is usually made on the right hand side of your abdomen, but may in some circumstances be on the left hand side. When an ileostomy is made on your abdomen, it alters the usual way you go to the toilet to pass faeces. Instead of coming out through your anus, your faeces will pass through the stoma. The passing of faeces is usually controlled by a special sphincter muscle in the anus. However, the main difference for you when you have a stoma, is that you are no longer able to hold on to or have control over, when you need to pass faeces. You also do not have any control over when you pass wind or flatus.
Stools in this part of the intestine are generally fluid and, because a stoma has no muscle to control defecation, will need to be collected in a pouch.
Urine is made by your kidneys and travels down two tubes called the ureters to your bladder. Urine is produced all the time, but it is stored in your bladder until you get a sense that you need to urinate. The urine then passes out of your body through the urethra.
When a urostomy is made, it alters the usual way you pass urine. A passage is made for urine to pass from your kidneys to the outside of your abdomen, ending in a small spout. This is called a stoma (opening). Instead of coming out through your urethra, your urine will pass through the stoma. An isolated part of the intestine is brought onto the surface of the right-hand side of your abdomen and the other end is sewn up. The ureters are detached from the bladder and reattached to the isolated section of the intestine. Because this section of the intestine is too small to function as a reservoir, and there is no muscle or valve to control urination, you will need a urostomy pouch to collect the urine. The passing of urine is usually controlled by a special muscle in the urethra. However, the main difference for you when you have a stoma, is that you are no longer able to hold on to or have control over, when you need to pass urine. | ESSENTIALAI-STEM |
FSV Oggersheim
FSV 1913 Ludwigshafen-Oggersheim is a German association football club based in the Oggersheim district of Ludwigshafen, Rhineland-Palatinate. The club advanced to the Regionalliga Süd (III) following an Oberliga (IV) title win in 2007, but found itself overmatched at that level of competition. After struggling through two poor seasons and in increasing financial difficulty, they withdrew to 11th tier local level play in 2010–11.
History
The club was established in 1913 as VfR 1913 Oggersheim and in 1937 merged with SC Eintracht Oggersheim, which had been formed in 1924 as the football department of the gymnastics club Vereinigten Turnerschaft Oggersheim, to create SpVgg Oggersheim. The following year, all of the area clubs were reorganized into a single association known as Gemeinschaft für Leibesübungen Oggersheim.
In the aftermath of World War II, occupying Allied authorities ordered the dissolution of all organizations in the country, including sports and football clubs, as part of the process of denazification. A new association was formed as ASV Oggersheim in 1945 and its football department became independent in 1949 as Fussball Sportverein Oggersheim. The footballers played as a lower tier lower side until winning their way to the third tier Amateurliga Südwest for a single season in 1963–64. FSV made a DFB-Pokal (German Cup) appearance in 1978, going out in the first round 0:3 to 1. FC Kaiserslautern in the opening round.
A 1992 Landesliga Ost (VI) title led to promotion to the Verbandsliga Südwest (V), where the club remained for five seasons before being relegated again. In 2004, FSV returned to the Verbandsliga, followed by a further promotion two years later to the Oberliga Südwest (IV). After only two seasons in this league, the club won promotion to the Regionalliga Süd (III) in 2007. They finished in last place in 2007–08, but avoided being sent down when the league was restructured, instead becoming part of the Regionalliga West (III) in 2008–09. Despite an improved performance and a 12th-place result, the club decided to withdraw from the league.
After struggling financially, FSV made a fresh start in the 11th tier 1. Kreisklasse Rheinpfalz Süd in 2010–11 and earned a second-place result there in 2011–12. In 2013 this league was renamed B-Klasse Rhein-Pfalz Süd.
Honours
The club's honours:
* Oberliga Südwest (IV)
* Champions: 2007
* Verbandsliga Südwest (V)
* Champions: 2005
Recent seasons
The recent season-by-season performance of the club:
* With the introduction of the Regionalligas in 1994 and the 3. Liga in 2008 as the new third tier, below the 2. Bundesliga, all leagues below dropped one tier. In 2012 the Oberliga Südwest was renamed Oberliga Rheinland-Pfalz/Saar. | WIKI |
Cory Booker's 2020 miscalculation
(CNN)Cory Booker's theory of the 2020 case was a good one. It went something like this: Donald Trump's presidency has deeply divided us against ourselves. What Democrats (and the country) will want -- and need -- is someone who puts optimism, unity and, yes, love forward as the antidote to the current President. It made sense! Barack Obama ran and won on "hope and change." George W. Bush ran and won on "compassionate conservatism." Voters of all stripes want to be for something that makes them feel good rather than against something that makes them feel bad. Booker leaned into his love message. Everywhere. At all times. "Beating Donald Trump is the floor; it is not the ceiling," Booker said over Memorial Day weekend 2019 in Iowa. "It doesn't get us to the mountaintop. I am running for president because I want to get to the mountaintop!" In October 2019, Booker framed his relentless positivity this way: "I was raised by parents who did not flinch in telling me about the wretchedness of life, about the bigotry, and hate, and violence," he told The Christian Science Monitor. "But they taught me that you don't combat that by abandoning your virtues, but by doubling down on them, and that that is in fact a harder way." In every debate in which he appeared, Booker tried to keep his rivals from attacking one another -- insisting that the path to beating Trump was kindness and love, not division and anger. And then Booker dropped out of the presidential race. Today, to be exact. "It was a difficult decision to make, but I got in this race to win, and I've always said I wouldn't continue if there was no longer a path to victory," he wrote in an email to supporters announcing the decision. What happened? Booker miscalculated. Democratic voters were (and are) angry at the idea that Trump was elected president. They've only gotten angrier since they've seen the policies he has put in place while in office. They didn't want an uplifting message, they wanted an undoing one. As in, the next Democratic nominee will undo all that Trump has done -- tearing it out root and branch. They want a nominee who is mad as hell and isn't going to take it from Trump anymore. And that wasn't ever going to be Booker. The Point: Anger, not hope, is the defining trait of this year's Democratic electorate. Booker learned that lesson the hard way. | NEWS-MULTISOURCE |
Standard Chartered CEO: Hong Kong protests won't stop virtual bank
Protests in Hong Kong won't prevent Standard Chartered from pursuing its ambitions to launch a virtual bank in the city, CEO Bill Winters said on Monday. The British multi-national, which has a significant presence in emerging markets, is part of a joint venture that was granted a license to operate a digital bank in the region earlier this year. Speaking at an event in London, StanChart's boss said the protests "have had no effect" on its aim to debut an online lender. "The protests are concerning for all sorts of reasons," Winters said. "But we've got a dedicated team, nobody's had any trouble getting into work in the morning." Last week, a report from Reuters said that most of the eight newly-licensed banking ventures in Hong Kong — including StanChart's — were expected to delay their virtual bank launches due to the ongoing protests. In August, Standard Chartered was one of three banks including fellow U.K. lender HSBC, that called for a peaceful end to the standoff between the city's government and protesters. The bank came out in support of Hong Kong's government and the "one country, two systems" principle that has afforded the special administrative region freedoms that are not available in the mainland. The protests, which recently extended into their fourth month, were triggered earlier in the year by a proposed bill that would have paved the way for people in Hong Kong to be extradited to mainland China for trial. Hong Kong leader Carrie Lam recently said that the bill would be "fully withdrawn." Throwing out the proposed legislation was one of five demands from protesters in the city-state. | NEWS-MULTISOURCE |
How Long Does It Take For Therapy to Work?
How Long Does It Take For Therapy to Work?
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Starting therapy often comes with a handful of questions, among the most common being the timeframe for noticeable progress. It’s natural to want quick relief from emotional struggles, whether it’s anxiety, depression, ADHD, or insomnia. However, the timeline for achieving your therapeutic goals can be as varied as the individuals seeking help.
Throughout this article, we’ll explore the contributing factors that impact therapy, the types of therapy available, and the anticipated time frame to see mental health improvements.
With Klarity, you get to choose your own licensed mental health provider on our network, who will review your symptoms and medical history and create a personalized therapy plan tailored to your needs.
Find a mental health therapist on Klarity today to get started with personalized therapy for your mental health condition.
Why Therapy Takes Time to Provide Symptom Relief
Therapy is not a quick fix; it’s a process that involves deep emotional and cognitive work. One of the primary reasons therapy is often a long-term commitment is the necessity of building a strong therapist-client relationship. This trusted connection doesn’t happen overnight; it requires multiple sessions to establish an environment where clients can be open, vulnerable, and honest.
Furthermore, the complexity of the mental health issues being addressed plays a significant role in the time required for noticeable improvement. For instance, conditions like generalized anxiety disorder might see quicker results in a therapy session than complex trauma or personality disorders, which often require a more nuanced and extended approach to therapy treatment.
How to Track Progress in Therapy
Effectively tracking your progress in therapy is crucial for staying motivated and achieving your treatment goals. Beyond setting measurable objectives with your therapist, consider using standardized questionnaires or scales to quantify your symptoms. These self-reported symptom measures can serve as benchmark data points to assess your mental health improvement over time.
You might also opt to record your sessions (with your therapist’s consent, of course) for self-review later. Listening to past sessions can offer you a unique perspective on your own behavioral patterns and thought processes, serving as another layer of self-evaluation and awareness on your way to complete symptom remission.
Typical Timeframe to See Improvement From Therapy
The timeframe to see improvement from therapy can vary considerably based on several factors, including the therapy type, the severity of the mental health symptoms, and the individual’s commitment to the process. For example, evidence-based therapies like cognitive behavioral therapy (CBT) might show positive changes within five to 20 sessions for some individuals.
However, long-term therapeutic approaches, like psychoanalysis, could require many months or even years to yield significant improvements. Understanding that therapy is a personal journey tailored to individual needs can help set realistic expectations. It’s important to always consult your mental health care provider or therapist to create a treatment plan specific to your condition and symptoms.
Type of TreatmentEstimated Timeline
Cognitive Behavioral Therapy (CBT)5 to 20 sessions
Acceptance and Commitment Therapy (ACT)8 to 16 sessions
Interpersonal Therapy (IPT)12 to 16 sessions
Mindfulness-Based Cognitive Therapy (MBCT) 8-week program
Psychoanalysis3 to 5 sessions per week over 3 to 7 years
Factors That Impact Therapy Results
The effectiveness of therapy is influenced by multiple factors, each playing a distinct role in shaping your therapeutic experience and outcomes. From the quality of your relationship with your therapist to the gravity of your mental health issues and even the treatments you may be using, each variable can either accelerate or impede your progress.
To truly understand the complexities of therapy, it’s essential to dissect the following contributing elements individually.
Collaboration Between Therapist and Client
A successful therapeutic relationship is built on mutual collaboration between the therapist and the client. This partnership starts with open communication, where both parties are forthright about expectations, limitations, and objectives. The client’s willingness to engage in self-exploration and emotional transparency, combined with the therapist’s expertise in facilitating this process, is critical for therapy to be effective.
Secondly, collaboration extends to decision-making, including the selection of therapy types and approaches, as well as setting treatment goals. The therapist’s knowledge and the client’s insights into their own condition make for a formidable team in navigating the path to recovery.
Severity of Mental Health Issues
The severity of your mental health condition directly impacts the timeframe and effectiveness of therapy. More complex mental health issues like bipolar disorder, schizophrenia, or major depression disorder often require a more intense and prolonged type of therapy.
A healthcare professional’s treatment method for more complex mental health conditions may include cognitive-behavioral therapy (CBT), dialectical behavior therapy (DBT), or even medication in conjunction with therapy. On the flip side, mild to moderate issues such as situational anxiety or acute depressive states generally demand less time to resolve.
Your Dedication to Get Healthy
Your commitment to the therapy process is a powerful determinant in achieving successful outcomes. This dedication manifests in various ways, such as consistently attending sessions, completing homework or exercises, and applying learned coping mechanisms in everyday life.
Furthermore, actively engaging in sessions by being open, honest, and receptive to feedback can significantly accelerate progress. However, this commitment is often tested by emotional discomfort and the cognitive dissonance that therapy can sometimes provoke. Overcoming these barriers is the key to your success on your mental health journey.
Co-Occurring Conditions
When you’re dealing with co-occurring conditions, also known as comorbidities, the journey through therapy can become complex and extended. Conditions like anxiety and depression often appear together, and their symptoms can feed off each other. In cases like these, a therapist needs to apply an in-depth treatment approach to address each issue independently while considering their interrelations. This naturally makes the therapy process more intricate and potentially lengthens the time required to see tangible results.
Moreover, co-occurring conditions may not be just mental health disorders; they can also be physical conditions like chronic pain, diabetes, or heart disease, which further complicate the therapeutic landscape. These physical ailments can both influence and be influenced by your mental state. Such complexities demand more time and adjustment in treatment plans, making it challenging to predict a specific timeframe for therapy to show its full effectiveness.
Supplemental Treatments
In some cases, therapy is just one element in a broader treatment strategy that may include medications like antidepressants or antianxiety drugs, as well as alternative treatments such as acupuncture or herbal supplements. While these treatments can support and sometimes expedite the therapy process, they can also introduce additional variables that impact its effectiveness.
For instance, medication side effects may temporarily worsen symptoms before an improvement is seen or may even conflict with the therapeutic approaches being used. Therefore, it’s crucial to keep all healthcare providers informed of any additional treatments to ensure they are complementary to your active treatment plan.
Noticing symptoms and suspect you may have a mental health condition? Take a free self-evaluation on Klarity today.
What to Do if You’re Not Seeing Results From Therapy
If you’ve been consistently attending therapy sessions but still aren’t noticing any significant improvement in your mental health symptoms, it’s understandable to feel frustrated and discouraged. However, it’s crucial not to lose hope or give up entirely on the therapeutic process. Therapy takes time, and it’s not uncommon for results to manifest gradually.
If you’re feeling stuck or impatient, it’s a good idea to discuss these feelings openly with your therapist. They can help you evaluate your therapeutic journey so far, make necessary adjustments to your treatment plan, or help set more realistic expectations.
In some cases, you may also consider getting a second opinion from another mental health care provider or even changing therapists. Different therapists have unique approaches and areas of expertise, and sometimes, a change in perspective can yield better results. Make sure to discuss your concerns with your current therapist before making any changes, but if you are considering a change, you can easily find a new therapist on Klarity by searching through the options on our platform.
How Long Does Therapy Last?
A single therapy session typically lasts about 50 minutes to an hour, providing a structured timeframe to delve into issues and explore coping strategies. However, the duration of therapy can vary significantly from one individual to another, as it’s tailored to meet the unique needs and goals of each person.
Typically, many clients undergo therapy for a period of a few months to a couple of years before they’re able to maintain treatment gains. This varies based on the complexity of your emotional struggles and the milestones you’re aiming to reach in therapy.
It’s essential to discuss the expected duration of therapy during your initial sessions to set realistic expectations and goals. While it might be tempting to seek a quick fix, effective mental health treatment often requires time, effort, and a strong therapeutic relationship.
How to Get the Most Out of Mental Health Therapy
Maximizing the benefits of therapy begins with active participation and open communication with your mental health provider. Don’t hold back; be honest about your feelings, challenges, and concerns. The therapeutic relationship is a two-way street, and the more you put in, the more you’ll get out of the experience.
Use the time between sessions to reflect on what was discussed, and if you’re given homework or exercises to practice, make sure to complete them for the best possible clinical outcomes. These tasks are designed to help you make strides in your mental well-being, even outside the therapy room. Also, don’t hesitate to ask questions or seek clarification on treatment plans and therapeutic techniques. Being informed and engaged in your own treatment can significantly impact the speed and efficacy of your mental health improvement.
Keep in mind that progress takes time, and ups and downs are a normal part of the therapeutic journey. Stay committed and maintain regular appointments to ensure continuity and to get the most out of your mental health therapy.
Don’t Waste Another Second. Find a Licensed Therapist on Klarity Today
The journey to mental well-being is a marathon, not a sprint, and the time to start is now. Therapy is a proven way to address various mental health issues, but as we’ve discussed, it does require time, patience, and active participation. The sooner you take the first step, the quicker you can start experiencing the benefits.
Klarity makes this process easier than ever by allowing you to hand-pick a therapist that matches your needs and preferences. Once you meet with this therapist, they’ll tailor the treatment to your specific needs. Your mental health is worth the investment, and with Klarity, you have the flexibility and options to find the perfect match for your therapeutic needs.
Find a licensed therapist on Klarity today to set a timeline for your therapy treatment and start reaching personal mental health goals.
Sources
“Here’s How Many Therapy Sessions It Actually Takes to See Results.” Kristian Wilson, LMHC. https://growtherapy.com/blog/how-long-it-takes-for-therapy-to-work/
“How long does therapy take to work?” Miranda Raimon. https://www.twochairs.com/blog/how-long-does-therapy-take-work
“Depression Treatment for Adults.” American Psychological Association. https://www.apa.org/depression-guideline/adults
“Depression Therapy: 4 Effective Options to Consider.” Hailey Shafir, LCMHCS, LPCS, LCAS, CCS. https://www.choosingtherapy.com/therapy-for-depression/
Acceptance & Commitment Therapy.” The Downtown Physiology Clinic. https://downtownpsychologyclinic.com/acceptance-commitment-therapy/
“Psychoanalysis.” MentalHelp.net https://www.mentalhelp.net/psychotherapy/psychoanalysis/
Medically Reviewed By Dr. Zoe Russell
Dr. Zoe Russell received a dual bachelor’s degree in biology and psychology from the University of Michigan-Dearborn, pursued a master’s degree in public health from Michigan State University, and received her doctorate in osteopathic medicine from Michigan State’s College of Osteopathic Medicine in 2021. Currently, Dr. Russell is completing her residency training in family medicine and hopes to specialize in female reproductive and mental health.
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-- Former Nymex Chairman Viola Purchases Hockey’s Florida Panthers
Vincent Viola, former chairman of
the New York Mercantile Exchange and founder of Virtu Financial
Inc ., bought the Florida Panthers , the National Hockey League
team with the fewest wins last season. The sale to Viola and Douglas Cifu was approved by the
NHL’s board of governors, the league said today in an e-mailed
release. Terms of the sale weren’t announced. The South Florida
Sun-Sentinel said the deal was for $250 million. Viola was a minority owner in the National Basketball
Association ’s New Jersey Nets before the franchise moved to
Brooklyn last year. Now principal owner of the Panthers, he will
become the NHL team’s chairman and governor. A graduate of the U.S. Military Academy at West Point , New
York, Viola began his financial career on the floor of the New
York Mercantile Exchange and became chairman from 2001 to 2004.
He is the chairman of Virtu Financial, an electronic trading
firm. Viola’s agreement includes operation of the Panthers’ BB&T
Center, located in Sunrise, Florida, about 12 miles (20
kilometer) west of Fort Lauderdale, according to the Sun-Sentinel. The team is worth $170 million, 24th in the 30-team
league, Forbes magazine said last October in its annual
franchise valuation. The Panthers joined the NHL for the 1993-94 season. The
team lost to the Colorado Avalanche in the 1996 Stanley Cup
Final and hasn’t won a playoff series since, reaching the
postseason once in the past 12 years. Florida had 15 wins in the
lockout-shortened 2012-13 season. The team also has struggled at the box office, finishing in
the bottom third of league attendance each of the past seven
years, according to ESPN. Cifu, a graduate of Columbia University , is president of
Virtu Financial. He and Viola purchased the Panthers from a
group led by Cliff Viner, which assumed control of the team in
2009. To contact the reporters on this story:
Eben Novy-Williams in New York at
enovywilliam@bloomberg.net To contact the editor responsible for this story:
Michael Sillup at
msillup@bloomberg.net | NEWS-MULTISOURCE |
In re WESTERN ASBESTOS COMPANY, Western MacArthur Company, and Mac Arthur Company, Debtors.
Nos. 02-46284 T to 02-46286 T.
United States Bankruptcy Court, N.D. California.
Oct. 31, 2003.
Alan Pedlar, Charles D. Axelrod, Stut-man, Treister & Glatt, Los Angeles, CA, for Debtor.
Margaret Sheneman, Murphy, Shene-man, Julian and Rogers, San Francisco, CA, Michael H. Aherns, Sheppard, Mullin, Richter and Hampton, San Francisco, CA, Peter Van N. Lockwood, Caplin, Drysdale and Chartered, Washington, DC, for Official Committee of Unsecured Creditors.
MEMORANDUM OF DECISION RE CONFIRMATION LEGAL ISSUES
LESLIE TCHAIKOVSKY, Bankruptcy Judge.
The above-captioned chapter 11 cases are set for an evidentiary hearing on confirmation of a reorganization plan (the “Plan”) beginning on November 10, 2003. To expedite the conduct of the hearing, the Court set a briefing schedule for legal issues relating to confirmation. After these issues were briefed, the Court issued a Tentative Decision in which it made tentative rulings on some of the issues, tentatively deferring its rulings on the remaining issues until the confirmation hearing.
After the Tentative Decision was issued, on October 29, 2003, a hearing on the legal issues was conducted at which counsel for all parties appeared and were heard. The Court issues this Memorandum of Decision after further consideration of the issues in light of oral argument. In it, the Court again makes rulings on some of the issues and defers the remaining issues for decision at or after the confirmation hearing. However, as indicated below, the Court’s rulings and deferrals have been modified somewhat from those stated in the Tentative Decision.
DISCUSSION
A. BACKGROUND
The Plan is being jointly proposed by the three chapter 11 debtors (the “Debtors”), the Official Creditors’ Committee (the “Committee”), and the Hon. Charles Renfrew (the “Futures Representative”). The Debtors are: (1) MaeArthur Co. (“MacArthur”), a distributor and installer of building materials and the parent of Western MacArthur Co. (“Western Mae-Arthur”), (2) Western MacArthur, also a distributor and installer of building materials, and (3) Western Asbestos Company (“Western Asbestos”), a defunct company whose assets were acquired by Western MaeArthur after it had been operated by MacArthur for two years. The members of the Committee are all asbestos claimants (or their attorneys).
The Debtors were in coverage litigation with USF & G for approximately 10 years before reaching the settlement embodied by the Plan. The settlement is conditioned on confirmation of the Plan. A committee of asbestos claimants, virtually identical in its composition to the Committee, and the Futures Representative participated in the negotiations. During the coverage litigation, before it was settled, the Debtors entered into agreements with many of the asbestos claimants. These agreements permitted the claimants either to seek default judgments (which the Debtors agreed not to oppose) (the “California default judgment claims”) or provided them with stipulated judgments pursuant to Minnesota law in amounts set by a matrix consistent with other settlements of like claims in Minnesota. In return, the claimants agreed not to attempt to enforce their claims against the Debtors unless the Debtors filed bankruptcy petitions.
After the settlement and before the bankruptcy petitions were filed, additional asbestos claimants were permitted to liquidate their claims in accordance with the matrix proposed under the Plan (the “Matrix”). One other group of claimants has been permitted to liquidate their claims in accordance with the Matrix during the chapter 11 case. In addition, the Debtors entered into a settlement with a third group of claimants (the “Constructive Trust claimants”), which the Court approved, providing them with payment of a compromised amount directly by USF & G from funds that would otherwise have been available to fund the Plan.
As a result of these post-petition settlements, at this point, the only parties objecting to confirmation are four insurance companies: i.e., Hartford Accident and Indemnity Company (“Hartford”), Argonaut Insurance Company (“Argonaut”), General Accident Insurance Company of America (“General Accident”), and U.S. Fire Company (“U.S. Fire”) (the “Objecting Insurers”), two of which (Hartford and Argonaut) are still in coverage litigation with the Debtors and two of which (U.S. Fire and General Accident) have been sued by Hartford in coverage litigation. Hartford is taking the lead in opposing confirmation.
The Plan divides creditors into four classes and interest holders into three classes. The Bankruptcy Code requires classes of claims and interests to be designated as “impaired” or “unimpaired.”
Impairment means any alteration of a claimant’s or interest holder’s legal or equitable rights. 11 U.S.C. § 1124. Only impaired classes are entitled to vote on a plan. 11 U.S.C. § 1126(f). However, other parties in interest may object to the Plan on legal grounds. The only impaired classes in the Plan are Class 4 (the asbestos related claims) and Classes 5B and 5C (the equity interests in Western Asbestos and MacArthur Company, respectively). Administrative claims (i.e., claims incurred after the bankruptcy case was filed) and pre-petition priority tax claims are not classified. The Bankruptcy Code specifies how they must be treated. The Plan complies with the Bankruptcy Code in its proposed treatment of these two categories of unclassified claims.
The Plan provides for the establishment of a trust (the “Trust”) which will process and pay the Class 4 claims to the extent possible from the funds contributed by USF & G and other possible sources of recovery: e.g., hoped for recoveries from the Objecting Insurers. The way in which the Plan will do this is set forth in another document, entitled Trust Distribution Procedures (the “TDP”). (The TDP is attached as Exhibit 2, Annex B, to the Plan.)
As discussed below, 11 U.S.C. § 524(g) requires the Trust to pay claims in such a way that present claims and future demands will receive equivalent payment percentages. At present, it is anticipated that asbestos claimants will receive an initial distribution of approximately 11.5% of their claims. Whether there will be any additional distributions depends largely on whether the Trust is able to recover any funds from the Objecting Insurers.
Claims that have already been liquidated will be paid approximately 11.5% shortly after confirmation. Some claimants received payments on their claims pre-petition and will only receive an amount sufficient post-confirmation to bring the total up to 11.5%. Holders of claims that have not been liquidated and future demands will have three choices: (1) they may have their claims liquidated in accordance with the Matrix; (2) they may submit to binding or nonbinding arbitration; and (3) if they submit to nonbinding arbitration and do not like the result, they may seek a judgment in court. Holders of unliquidat-ed claims will not be entitled to receive the initial 11.5% distribution (or any additional distributions) until their claims are liquidated. There will be three trustees overseeing the Trust and a Trust Advisory Committee. The Committee and the Futures Representative will select these individuals.
The Debtors’ settlement agreement with USF & G is attached as Exhibit 3 to the Plan. It provides that USF & G will pay a total of $975 million in full settlement of its liability for the asbestos claims, including future demands. Of this amount: $110 million was paid prior to the petition date on account of claims that have already been reduced to judgment; $740 million (or $737 million) has been paid into the “Claimant Escrow,” which will fund the asbestos trust upon the effective date of the Plan; $40 million has been paid into the “Expense and Fee Escrow,” of which $30 million was disbursed prior to the petition date to pay Debtors’ counsel for their fees incurred in the coverage litigation and related settlement with USF & G; and $35 million has been paid into the “Administrative Fund Escrow” for miscellaneous fees and expenses, including costs and fees associated with litigation, with any remainder to be transferred to the Trust on the effective date of the Plan. In addition, the Trust will receive: (1) all of the stock of Western Asbestos, the defunct corporation, (2) a $500,000 promissory note executed by MacArthur secured by 51% of its stock, payable over 5 years, and (3) the benefit of all of the Debtors’ rights (as well as any direct action rights of the asbestos claimants) against the Objecting Insurers with the exception of $1.0 million out of the first $5.0 million in recoveries on account of bad faith business loss claims.
Confirmation will “channel” all the asbestos claims to the Trust and will discharge two of the Debtors from those claims. In addition, if the Plan is confirmed, the Court will issue an injunction under 11 U.S.C. § 524(g), protecting USF & G and others from the “channeled” claims as well as from any claims for contribution or indemnification by the Objecting Insurers.
One of the most controversial provision of the Plan was the Debtors’ request that the Court “adjudicate” the total amount of the asbestos related claims against the Debtors. As discussed below, based on the Court’s tentative ruling that it could not “adjudicate” the total claims and demands against the Debtors, this request has been withdrawn.
B. ISSUES
To confirm the Plan, the Court must find that the requirements of both 11 U.S.C. § 524(g) and § 1129 have been satisfied. These requirements are discussed in sections 1 and 2, respectively. As noted above, the Plan proposes the issuance of certain injunctions. Section 3 discusses issues related to these injunctions. In addition, as also noted above, the Plan proposes to assign to the Trust certain rights under the insurance policies issued by the Objecting Insurers (the “Policies”). Issues related to the Policies and their proposed assignment to the Trust are discussed in section 4. The Court considers the issues raised by the parties pursuant to FRCP 56, which is made applicable to this proceeding by FRBP 7056.
1. SECTION 1129 REQUIREMENTS
Section 1129(a) provides that:
The court shall confirm a plan only if all of the following requirements are met:
(1) The plan complies with the applicable provisions of... [the Bankruptcy Code].
(2) The proponent of the plan complies with the applicable provisions of... [the Bankruptcy Code].
(3) The plan has been proposed in good faith and not by any means forbidden by law.
(4) Any payment made or to be made by the proponent, by the debtor, or by a person issuing securities or acquiring property under the plan, for services of or for costs and expenses in or in connection with the case, or in connection with the plan and incident to the case, has been approved by, or is subject to the approval of, the court as reasonable.
(5) (A)(i)The proponent of the plan has disclosed the identity and affiliations of any individual proposed to serve, after confirmation of the plan, as a director, officer, or voting trustee of the debtor, an affiliate of the debtor participating in a joint plan with the debtor, or a successor to the debtor under the plan; and
(ii) the appointment to, or continuance in, such office of such individual, is consistent with the interests of creditors and equity security holders and with public policy; and
(B)the proponent of the plan has disclosed the identity of any insider that will be employed or retained by the reorganized debtor, and the nature of any compensation for such insider.
(6) Any governmental regulatory commission with jurisdiction, after confirmation of the plan, over the rates of the debtor has approved any rate change provided for in the plan, or such rate change is expressly conditioned on such approval.
(7) With respect to each impaired class of claims or interests- — •
(A) each holder of a claim or interest—
(i) has accepted the plan; or
(ii) will receive or retain under the plan on account of such claim or interest property of a value, as of the effective date of the plan, that is not less than the amount that such holder would so receive or retain if the debt- or were liquidated under chapter 7... [of the Bankruptcy Code] on such date; or
(B) if section 1111(b)(2) of this title applies to the claims of such class, each holder of a claim of such class will receive or retain under the plan on account of such claim property of a value, as of the effective date of the plan, that is not less than the value of such holder’s interest in the estate’s interest in the property that secures such claims.
(8) With respect to each class of claims or interests—
(A) such class has accepted the plan; or
(B) such class is not impaired under the plan.
(9) Except to the extent that the holder of a particular claim has agreed to a different treatment of such claim, the plan provides that—
(A) with respect to a claim of a kind specified in section 507(a)(1) or 507(a)(2) of... [the Bankruptcy Code], on the effective date of the plan, the holder of such claim will receive on account of such claim cash equal to the allowed amount of such claim;
(B) with respect to a class of claims of a kind specified in section 507(a)(3), 507(a)(4), 507(a)(5), 507(a)(6), or 507(a)(7) of... [the Bankruptcy Code], each holder of a claim of such class will receive—
(i) if such class has accepted the plan, deferred cash payments of a value, as of the effective date of the plan, equal to the allowed amount of such claim; or
(ii) if such class has not accepted the plan, cash on the effective date of the plan equal to the allowed amount of such claim; and
(C) with respect to a claim of a kind specified in section 507(a)(8) of... [the Bankruptcy Code], the holder of such claim will receive on account of such claim deferred cash payments, over a period not exceeding six years after the date of assessment of such claim, of a value, as of the effective date of the plan, equal to the allowed amount of such claim.
(10) If a class of claims is impaired under the plan, at least one class of claims that is impaired under the plan has accepted the plan, determined without including any acceptance of the plan by any insider.
(11) Confirmation of the plan is not likely to be followed by the liquidation, or the need for further financial reorganization, of the debtor or any successor to the debtor under the plan, unless such liquidation or reorganization is proposed in the plan.
(12) All fees payable under section 1930 of title 28, as determined by the court at the hearing on confirmation of the plan, have been paid or the plan provides for the payment of all such fees on the effective date of the plan.
(13) Section 1129(a)(13) requires the court to find that: “[t]he plan provides for the continuation after its effective date of payment of all retiree benefits, as that term is defined in section 1114 of... [the Bankruptcy Code], at the level established pursuant to subsection (e)(1)(B) or (g) of section 1114 of... [the Bankruptcy Code], at any time prior to confirmation of the plan, for the duration of the period the debtor has obligated itself to provide such benefits.”
The Objecting Insurers have not raised any issues regarding the Plan’s compliance with 11 U.S.C. § 1129(a)(2), (5), (6), or (8)-(13), and the Court finds that the Plan complies with these subsections. Thus, the Court will only discuss below the issues raised by 11 U.S.C. § 1129(a)(1), (3), (4) and (7).
a. Section 1129(a)(1)
As recited above, 11 U.S.C. § 1129(a)(1) requires the Court to determine that the Plan complies with the applicable provisions of the Bankruptcy Code. The apparent simplicity of this provision is deceptive. As the Plan Proponents acknowledge, this provision requires the Court to find that the Plan complies with the following provisions: (1) 11 U.S.C. § 1122(a), which describes how claims may be classified in a plan, (2) 11 U.S.C. § 1123(a), which specifies those provisions a plan must contain, and (3) 11 U.S.C. § 1123(b), which specifies those provisions a plan may contain.
Section 1122(a) provides as follows:
... a plan may place a claim or an interest in a particular class only if such claim or interest is substantially similar to the other claims or interests of such class.
Section 1123(a) provides that a chapter 11 plan shall:
(1) designate classes of claims, other than claims entitled to priority under sections 507(a)(1), 507(a)(2), or 507(a)(8), and classes of interests;
(2) specify any class of claims or interests that is not impaired under the plan;
(3) specify the treatment of any class of claims or interests that is impaired under the plan;
(4) provide the same treatment for each claim or interest of a particular class, unless the holder of a particular claim or interest agrees to a less favorable treatment for its claim or interest;
(5) provide adequate means for the plan’s implementation;
(6) provide for the inclusion in the charter of any corporate debtor (or of any corporation to whom property of the estate is to be transferred or with which the debtor will merge pursuant to the plan); and
(7) contain only provisions that are consistent with the interests of creditors and equity security holders and with public policy with respect to the manner of selection of any officer, director, or trustee under the plan and any successor to such officer, director, or trustee.
Section 1123(b) provides that a chapter 11 plan may do the following things:
(1) It may impair or leave unimpaired any class of claims or interests.
(2) It may provide for assumption, rejection, or assignment of executory contracts or unexpired leases.
(3) It may provide for the settlement or adjustment of any claim or interest of the debtor or the estate or may provide for the retention and post-confirmation enforcement of the claim or interest by the debtor, the trustee, or by a representative of the estate, appointed for that purpose.
(4) It may provide for the sale of all or substantially all of the property of the estate and the distribution of the sale proceeds among holders of claims or interests.
(5) It may modify the rights of unsecured creditors and of secured creditors (with the exception of a secured creditor whose only collateral is the debtor’s principal residence) or may leave those rights unmodified.
(6) It may include any other appropriate provisions not inconsistent with the applicable provisions of this title.
The Objecting Insurers have not raised any issues regarding the Plan’s compliance with 11 U.S.C. § 1122(a), 11 U.S.C. § 1123(a)(l)-(3) or (5)-(7), or 11 U.S.C. § 1123(b)(l)-(5). The Court finds that the Plan satisfies those provisions. In addition, to that extent, the Court also finds that the Plan satisfies 11 U.S.C. § 1129(a)(1). Therefore, the Court will only discuss whether the Plan satisfies 11 U.S.C. § 1123(a)(4) and 11 U.S.C. § 1123(b)(6).
(1) Section 1123(a)(4)
As recited above, 11 U.S.C. § 1123(a)(4) requires a plan to treat all members of a class in the same manner. The Objecting Insurers contend that the Plan violates this provision because it proposes to treat the Class 4 liquidated claims more favorably than the Class 4 unliquidated claims. They note that all of the holders of liquidated claims will receive payment much sooner than the holders of unliquidated claims. In addition, particular groups of claims are receiving or have already received additional types of ■ preferential treatment.
The Objecting Insurers comment first on the preferential treatment being given to the California default judgment claims. They note that the average amounts of these claims are substantially higher than the amounts set forth in the Matrix (which are based on average settlement amounts). The Matrix has been used to liquidate most of the other liquidated claims (other than those claims liquidated by Miller-Shugart settlements prior to the petition date) and will be used to liquidate unliqui-dated claims under the TDP. In addition, they note, the holders of the California default judgment claims received a partial payment before the bankruptcy cases were filed. According to the Objecting Insurers, these claimants are also receiving additional compensation because the Debtors do not propose to file actions to avoid these prepetition payments as fraudulent transfers.
The second group of Class 4 claimants identified by the Objecting Insurers as receiving preferential treatment is a group of claimants represented by the law firm of Baron & Budd (the “Baron & Budd claimants”). The Objecting Insurers contend that, in settlement of the Baron & Budd claimants’ objection to the Plan, the Plan Proponents have agreed that these claimants may forum shop and may assert claims that are time barred.
They note that, to resolve another objection to the Plan, a third group of claimants, represented by David C. Thompson (the “Constructive Trust claimants”), are not being classified at all. Instead, they are being paid directly by USF & G upon confirmation in a higher percentage than other asbestos related claims. Finally, the Objecting Insurers contend that the Plan provision that permits the Trust to reassign asbestos claimants’ direct actions back to some individuals, at the Trust’s discretion, violates 11 U.S.C. § 1123(a)(4).
The Objecting Insurers argue that, because of their disparate treatment, placing these various groups of claims in the same class violates 11 U.S.C. § 1123(a)(4). According to the Objecting Insurers, if these groups of claims were separately classified, the Plan could not be confirmed. As a separate class, the unliquidated claims would not have accepted the Plan in the requisite number and dollar amount required by 11 U.S.C. § 1129(a)(8) and § 524(g)(2)(B)(ii)(rV).
The Plan Proponents have responses for each of these contentions. Taken individually, many of their responses seem persuasive. As noted above, the Court agrees that it is commonplace for liquidated and unliquidated claims to be placed in the same class. It is not necessary to make liquidated claims wait for payment until all disputed and unliquidated claims have been resolved. All that is necessary is to reserve a sufficient amount from any distribution made to liquidated claims so that an equivalent percentage payment may be made to any claims liquidated in the future. Section 524(g)(2)(B)(ii)(V) clearly envisions that asbestos claims will be paid periodically as they accrue and as they are allowed. Otherwise, it would be unnecessary for the Court to determine that the Trust procedures reasonably ensure equivalent treatment of present claims and future demands.
The Court finds no merit in the Objecting Insurers’ contention that the California default judgment claims are receiving additional compensation in the form of releases from fraudulent transfer actions. The Objecting Insurers apparently contend that the plaintiffs who obtained default judgment submitted false evidence so as to obtain judgments in inflated amounts. They have presented no evidence to support these contentions. The difference between the amounts of these judgments and the amounts of the claims liquidated through the Matrix is not surprising since the latter amounts are based on average settlement amounts.
However, some of the ways in which various groups have been and will be paid do raise concerns about equality of treatment. Moreover, the objections raised by the Objecting Insurers with respect to 11 U.S.C. § 1123(a)(4) are closely tied to the issue of whether the issuance of the third party injunctions is fair and equitable as required by 11 U.S.C. § 524(g)(4)(B)(ii). As discussed below, that issue is being reserved for determination at the confirmation hearing. For that reason, the Court concludes that this issue should be reserved as well.
Finally, the Plan Proponents argue that the Objecting Insurers have no standing to raise this issue. The Court declines to rule on the standing issue at this time. In any event, in order to confirm the Plan, tile Court must find that the Plan complies with 11 U.S.C. § 1129(a)(1) which incorporates 11 U.S.C. § 1123(a)(4). Even if they have no standing to raise this issue, the Objecting Insurers perform a useful function in pointing out to the Court any perceived deficiency in the Plan with respect to these provisions.
(2) Section 1123(b)(6)
As recited above, 11 U.S.C. § 1123(b)(6) permits a plan to contain only provisions that are “appropriate” and are consistent with the applicable provisions of the Bankruptcy Code. The Objecting Insurers contend that the Plan provisions are inappropriate and/or inconsistent with Bankruptcy Code provisions in four respects.
First, the Objecting Insurers contend that allowing the California default judgment claims to be paid is inconsistent with 11 U.S.C. § 541(c). Second, they contend that the TDP denies them their right under bankruptcy law to object to the asbestos claims. Third, they contend that the Plan’s request that the Court “adjudicate” the total amount of asbestos related claims against the Debtors is inappropriate and inconsistent with 11 U.S.C. § 524(g)(2)(B)(ii)(II). Fourth, they contend that section 8.4 of the Plan improperly releases claims against the Plan Proponents and their agents. Each of these issues is addressed below.
(a) Is Allowance of California Default Judgment Claims Inconsistent With 11 U.S.C. § 541(c)(1)(B)?
The Objecting Insurers contend that the Plan violates 11 U.S.C. § 1123(b)(6) by permitting the California default judgment claims to be treated as valid, liquidated claims against the Debtors. They contend that this provision is inconsistent with 11 U.S.C. § 541(c). Section 541(c)(1)(B) provides that:
... an interest of the debtor in property becomes property of the estate... notwithstanding any provision in an agreement, transfer instrument, or applicable nonbankruptcy law—
(B) that is conditioned on the insolvency or financial condition of the debt- or, on the commencement of a case under this title, or on the appointment of or taking possession by a trustee in a case under this title or a custodian before such commencement, and that effects or gives an option to effect a forfeiture, modification, or termination of the debtor’s interest in property.
A provision that effects a termination of rights conditioned on a party’s insolvency is sometimes referred to as an ipso facto clause.
As noted above, before the coverage litigation with USF & G was settled, the Debtors entered into agreements with certain asbestos claimants, providing that the Debtors would not oppose state court actions on their claims as long as the claimants agreed not to enforce their judgments against the Debtors unless the Debtors filed for bankruptcy. The Objecting Insurers contend that these agreements are inconsistent with 11 U.S.C. § 541(c)(1)(B) because they effect a forfeiture of the Debtors’ rights (i.e., not to be liable for these claims) triggered by the Debtors’ bankruptcy filing. They contend that, by proposing to treat the judgments obtained pursuant to these agreements as valid, liquidated claims, the Plan violates 11 U.S.C. § 541(c) and thus also violates 11 U.S.C. § 1123(b)(6).
In support of their argument, the Objecting Insurers cite Matter of Railway Reorganization Estate, Inc., 133 B.R. 578 (Bankr.D.Del.1991). In Railway Reorganization, the debtor pm-ported to give a creditor a security interest in its property that would spring to life only in the event of a bankruptcy filing. The court held that this provision violated 11 U.S.C. § 541(c)(1)(B) and denied the claim secured status. 133 B.R. at 582-83.
The Plan Proponents argue that Railway Reorganization is distinguishable. The Court agrees. Section 541(c)(1)(B) addresses only what property becomes part of a debtor’s bankruptcy estate. The creation of a lien on the debtor’s property effects a transfer of the debtor’s property. See 11 U.S.C. § 101(54). Thus, a lien on the debtor’s property that becomes effective only upon a bankruptcy filing violates 11 U.S.C. § 541(c)(1)(B). By contrast, an agreement that an unsecured claim against the debtor will be enforceable only in the event of a bankruptcy filing does not affect the amount of the property that enters the debtor’s bankruptcy estate. Such an agreement may diminish the pro rata recovery by other unsecured creditors from a liquidation of the debtor’s property. However, 11 U.S.C. § 541(c)(1)(B) does not prohibit such an effect.
In an attempt to fit its argument within the language of 11 U.S.C. § 541(c)(1)(B), the Plan Proponents argue that the California default judgment claimants’ agreement to forbear from enforcing their judgments except in the event of the Debtors’ bankruptcy constitutes property within the meaning of 11 U.S.C. § 541(c)(1)(B). While this argument passes the straight-face test, the Court concludes that it stretches the meaning of “property” too far. The Court views the meaning of “property,” as used in 11 U.S.C. § 541(c)(1)(B), as something that may be sold or collected to generate funds to be distributed funds to creditors. The California default judgment claimants’ obligation to forbear enforcing their judgments does not qualify as such.
Moreover, it would be contrary to fundamental bankruptcy policy to conclude that such agreements are unenforceable. One of the fundamental policies of bankruptcy law is to provide a ratable distribution to all creditors with like claims. In the absence of bankruptcy, aggressive creditors may exhaust the assets of an insolvent debtor, obtaining full payment of their claims and leaving nothing left for other less diligent creditors. The agreements entered into between the California default judgment claimants and the Debtors, whereby the claimants forbore from exercising their rights to enforce their judgments until bankruptcy promoted that policy. Therefore, this objection will be overruled.
(b) Are Plan Provisions Affecting Objecting Insurers’ Rights Inappropriate?
Next, the Objecting Insurers contend that the Plan and the TDP are inconsistent with 11 U.S.C. § 502(a) (and therefore 11 U.S.C. § 1123(b)(6)) because they do not allow the Objecting Insurers to contest the asbestos claims. Section 502(a) provides that “[a] claim..., proof of which is filed under section 501 of this title, is deemed allowed, unless a party in interest.. .objects.” The Objecting Insurers are at least arguably parties in interest with respect to the asbestos claims. The Objecting Insurers contend that the Plan improperly cuts off their right under 11 U.S.C. § 502(a) to object to the asbestos claims. The Court disagrees.
In a chapter 11 case, 11 U.S.C. § 502(a) only governs the right of a party in interest to object to a claim until the plan is confirmed. Once a plan is confirmed, the terms of the plan govern who may object to the claim. 11 U.S.C. § 1141(a). Generally, a plan assigns that right and duty either to the reorganized debtor or to the official creditors’ committee. In these cases, that duty is assigned to the Trust. There is nothing inconsistent with the Bankruptcy Code in this provision.
(c) Is Request To Adjudicate Aggregate Amount of Asbestos Claims Inappropriate?
As noted above, the Plan asks the Court to “adjudicate” the aggregate amount of asbestos related claims and demands against the Debtors as part of the confirmation process. In its Tentative Decision, the Court stated its conclusion that it could not “adjudicate” the aggregate amount of asbestos related claims and demands as part of the confirmation process. Based on'this tentative ruling, at the hearing, the Plan Proponents agreed to modify the Plan to delete any such request. The Objecting Insurers asked the Court to issue a ruling on this legal issue nonetheless, either as part of the Plan confirmation process or pursuant to its motion for summary judgment filed in its adversary proceeding seeking declaratory relief. The Court declines to do so. Given the Plan Proponents’ withdrawal of the request for an adjudication from the Plan, the issue is moot, and any ruling made by the Court would be dicta at best.
(d) Are Release Provisions Inappropriate?
Finally, the Objecting Insurers contend that section 8.4 of the Plan violates 11 U.S.C. § 1123(b)(6). Section 8.4 provides that neither the Plan Proponents nor any of their agents, including their attorneys, shall be liable, other than for willful misconduct, with respect to any action or omission prior to the effective date in connection with the Debtors’ operations, the Plan, or the conduct of the bankruptcy case. This provision includes actions and omissions that took place before these bankruptcy cases were filed. The Objecting Insurers contend that this provision is overbroad in three respects: (1) by releasing claims against the Plan Proponents other than the Debtors, (2) by releasing claims against the Plan Proponents’ agents, including their attorneys, and (3) by covering pre-petition actions or omissions.
The Plan Proponents contend that such provisions are entirely proper and need not be limited to the Debtors nor to post-petition acts. In support of this proposition, they rely primarily on In re PWS Holding Corp., 228 F.3d 224, 245 (3rd Cir2000). In PWS Holding, the court rejected the argument that a plan provision releasing a creditors’ committee and its professionals from third party claims, other than for willful misconduct or ultra vires acts, violated 11 U.S.C. § 524(e). The Third Circuit concluded that the release provision gave the committee and its professionals no more protection than they already had under the applicable provisions of the Bankruptcy Code. 228 F.3d at 245-46.
They also cite In re Drexel Burnham Lambert Group, 138 B.R. 717, 722 (Bankr. S.D.N.Y.) and Vasconi & Associates, Inc. v. Credit Manager Association of California, 1997 WL 383170 (N.D.Cal.1997). In Drexel Burnham, a bankruptcy court also upheld a release provision affecting the members of an equity security committee and its counsel, other than for willful misconduct, as merely stating applicable law. It concluded that the committee and its counsel had limited immunity from such claims. Similarly, the Vasconi court affirmed the dismissal of an adversary proceeding against the members of a creditors’ committee for breach of fiduciary duty and negligence in their implementation of a confirmed plan.
The Objecting Insurers contend that the Ninth Circuit views such provisions with disfavor. They do not discuss Vasconi. Instead, they cite In re WCI Cable, Inc., 282 B.R. 457, 477 (Bankr.D.Or.2002). However, in WCI Cable, the court ultimately approved two release provisions in a chapter 11 plan. As did the courts cited above, it concluded that the provision releasing the creditors’ committee (but not its professionals) from liability, other than for willful misconduct and ultra vires acts, merely accurately stated the law. 282 B.R. at 476-77.
With respect to the provision releasing the plan proponents, and their officers, directors, and professionals, while expressing some concerns about this provision, the WCI Cable court ultimately approved it provided the release were modified to apply only to post-petition acts. 282 B.R. at 479. Thus, the only issue appears to be whether it is appropriate for the release to apply to pre-petition acts. The Court concludes that the release provisions are overbroad but not to the extent contended by the Objecting Insurers.
Based on the authorities recited above, the Court concludes that the release provisions may include all of the Plan Proponents and their agents, including their professionals, and may apply to pre-petition as well as post-petition acts. It may have made sense in the context of WCI Cable to limit the scope of the release to post-petition acts and omissions. However, it does not make sense to do so here. The Plan Proponents and their professionals were clearly engaged in negotiating the settlement upon which the Plan is based and in preparing for the bankruptcy filing in a variety of other ways long before the cases were filed. If they are entitled to a release for their post-petition acts or omissions, they are also entitled to a release for these pre-petition acts or omissions.
However, in the Tentative Decision, the Court noted that the language of section 8.4 is not limited to pre-petition acts or omissions in connection with settlement negotiations or with preparation for filing the bankruptcy cases. It purports to release any claim based on the operation or management of the business regardless of whether that act or omission had anything to do with the bankruptcy case and without any limit as to time. The Court concluded that this type of release was beyond its powers, at least in the Ninth Circuit. See In re American Hardwoods, Inc., 885 F.2d 621, 624-27 (9th Cir.1989) (distinguishing permanent injunction affecting mass tort claims). Thus, it tentatively ruled that section 8.4. should be modified accordingly. In response to this tentative ruling, at the October 29 hearing, the Plan Proponents agreed to modify the language as directed. Assuming the amended language is satisfactory, this objection will be overruled.
b. Section 1129(a)(3)
Section 1129(a)(3) requires the Court to find that the Plan has been proposed in good faith and not by any means forbidden by law. The Objecting Insurers contend that the Plan was filed in bad faith. They filed a motion to dismiss these chapter 11 cases on bad faith grounds shortly after they were filed. They argue that these cases have been filed for the benefit of USF & G, not for the Debtors.
According to the Objecting Insurers, the Debtors did not need to file for bankruptcy because they had agreements with most of the asbestos claimants not to enforce their claims against the Debtors except in the event of a bankruptcy filing. As evidence that the Debtors had no need of bankruptcy relief themselves, the Objecting Insurers note that USF & G is paying all the Debtors’ expenses in the bankruptcy proceeding. The Debtors originally proposed to contribute nothing to the Trust. In response to the Court’s ruling that such a plan did not even comply technically with 11 U.S.C. § 524(g), the Plan Proponents modified the Plan to provide that the Debtors would contribute a promissory note payable over five years in the face amount of $500,000 plus all but $1.0 million of their bad faith business loss claims against the Objecting Insurers. The Objecting Insurers contend that these contributions are still inadequate.
Moreover, the Objecting Insurers contend that the Plan Proponents have acted in bad faith in prosecuting the case and in their conduct before the case was filed. They note that USF & G agreed to pay the asbestos claimants’ attorneys $12.3 million prior to the bankruptcy filing to persuade their clients to agree to the settlement with USF & G. They contend that, after the bankruptcy cases were filed, the Plan Proponents bought off several groups of objecting creditors by agreeing to give them preferential treatment under the Plan or, in the case of the Constructive Trust claimants, outside the Plan. They contend that the unequal treatment of certain groups of claimants in Class 4 and the payments to their attorneys presents constitutional grounds for denying confirmation. Finally, the Objecting Insurers also contend that the Plan was filed in bad faith as an attempt by the Plan Proponents to obtain a tactical advantage in the insurance coverage litigation against the Objecting Insurers in state court.
The Plan Proponents dispute these contentions on factual and/or legal grounds. They contend that the issue of good faith should be reserved for the confirmation hearing. For the most part, the Court agrees. However, the Court will overrule as a matter of law the Objecting Insurers’ contention that the settlements with the various groups of claimants who had objected to the Plan were in bad faith. The Court would not have approved the settlements if it had believed they were being proposed in bad faith. As discussed above, the issue of whether the proposed treatment of the various groups pursuant to the settlements is preferential and therefore bars confirmation based on 11 U.S.C. § 1123(a)(4) will be reserved for confirmation.
c. Section 1129(a)(4)
Section 1129(a)(4) requires the Court to find that any payment made or to be made by the Plan Proponents for costs or services in connection with the bankruptcy cases or the Plan has been approved or is subject to approval by the court as reasonable. In their bullet point objections, the Objecting Insurers contended that the Plan does not satisfy 11 U.S.C. § 1129(a)(4). They did not discuss this objection in their briefs. The Plan Proponents note that the Plan requires the Court to approve the fees and costs paid and to be paid to the professionals whose employment was approved by the Court. They note that the Court need not approve the fees and costs paid and to be paid to the professionals for USF & G because USF & G is not a Plan Proponent.
However, as the Objecting Insurers note in another context, prior to the petition date, USF & G paid $12.3 million to certain claimants’ attorneys as agreed during final settlement negotiations. The Plan does not require the Court to approve these payments as reasonable. In the Tentative Decision, the Court tentatively ruled that the Plan’s failure to do so violated 11 U.S.C. § 1129(a)(4) and barred confirmation. At the October 29 hearing, the Plan Proponents stated that they would amend the Plan to submit these payments to the Court for approval as reasonable. As a result, assuming the Plan is modified in this fashion, the issue will be resolved.
d. Section 1129(a)(7)
Section 1129(a)(7) requires the Court to find that any member of an impaired class who voted against the Plan will receive at least as much through the Plan as he or she would receive if the Debtors were liquidated in a chapter 7 case. The Plan Proponents acknowledge that two members of Class 4, the only impaired class of claims, voted against the Plan. They concede that, as to Class 4, evidence will have to be presented. As noted above, in this context, the Court may be required to determine the legal issue of whether a future demand qualifies as a claim for purposes of the best interest test. A decision on this legal issue as well as the factual question presented by this requirement will be deferred until the confirmation hearing.
2. SECTION 524(g) REQUIREMENTS
The effectiveness of the Plan depends on the Court’s ability to issue an injunction in conjunction with confirmation of the Plan, preventing the asbestos claims from being asserted against USF & G, among others. This injunction may be issued only if the Plan and the Trust satis-' fy the requirements set forth in 11 U.S.C. § 524(g)(2)(B) and § 524(g)(4)(B).
Section 524(g)(2)(B)® requires the Plan to provide for a Trust that:
(I) is to assume the liabilities of a debt- or which at the time of entry of the order for relief has been named as a defendant in personal injury, wrongful death, or property-damage actions seeking recovery for damages allegedly caused by the presence of, or exposure to, asbestos or asbestos-containing products;
(II) is to be funded in whole or in part by the securities of 1 or more debtor involved in such plan and by the obligation of such debtor or debtors to make future payments, including dividends;
(III) is to own, or by the exercise of rights granted under such plan would be entitled to own if specified contingencies occur, a majority of the voting shares of — ■
(aa) each such debtor—
(bb) the parent corporation of each such debtor; or
(cc) a subsidiary of each such debtor that is also a debtor; and
(IV) is to use its assets or income to pay-claims and demands....
Section 524(g)(2)(B)(ii) requires the Court to determine that:
(I) the debtor is likely to be subject to substantial future demands for payment arising out of the same or similar conduct or events that gave rise to the claims that are addressed by the injunction;
(II) the actual amounts, numbers, and timing of such future demands cannot be determined;
(III) pursuit of such demands outside the procedures prescribed by such plan is likely to threaten the plan’s purpose to deal equitably with claims and future demands;
(IV) as part of the process of seeking confirmation of such plan-
(aa) the terms of the injunction proposed to be issued under paragraph (1)(A), including any provisions barring actions against third parties pursuant to paragraph (4)(A), are set out in such plan and in any disclosure statement supporting the plan; and
(bb) a separate class or classes of the claimants whose claims are to be addressed by a trust described in clause (I) is established and votes, by at least 75 percent of those voting, in favor of the plan; and
(V) ... pursuant to court orders or otherwise, the trust will operate through mechanisms such as structured, periodic, or supplemental payments, pro rata distributions, matrices, or periodic review of estimates of the numbers and values of present claims and future demands, or other comparable mechanisms, that provide reasonable assurance that the trust will value, and be in a financial position to pay, present claims and future demands that involve similar claims in substantially the same manner.
Section 524(g)(4)(B) provides that an injunction will protect third parties from future asbestos related demands only if:
(i) as part of the proceedings leading to issuance of such injunction, the court appoints a legal representative for the purpose of protecting the rights of persons that might subsequently assert demands of such kind; and
(ii) the court determines, before entering the order confirming such plan, that identifying such debtor or debtors, or such third party.. .in such injunction with respect to such demands for purposes of this subparagraph is fair and equitable with respect to the persons that might subsequently assert such demands, in light of the benefits provided, or to be provided, to such trust on behalf of such debtor or debtors or such third party.
The Objecting Insurers do not contend that the Plan violates 11 U.S.C. § 524(g)(2)(B)(i)(D or (IV), 11 U.S.C. § 524(g)(2)(B)(ii)(D-aV), or 11 U.S.C. § 524(g)(4)(B)®. The Court concludes that the Plan complies with these subsections. The' Plan Proponents concede that whether the Plan complies with 11 U.S.C. § 524(g)(4)(B)© and § 524(g)(2)(B)(ii)(V) present disputed factual issues that must be reserved for the confirmation hearing. Thus, the Court will only discuss below the issues raised by 11 U.S.C. § 524(g)(2)(B)(i)(II) and (III).
a. Section 524(g)(2)(B)(i)(II)
As recited above, 11 U.S.C. § 524(g)(2)(B)(i)(II) requires the Trust to be funded in whole or in part by the securities of one or more debtor involved in the Plan and by the obligation of such debtor or debtors to make future payments, including dividends. The Objecting Insurers contend that the Plan does not comply with this requirement.
The Plan provides that Western Asbestos will contribute all of its stock to the Trust. However, it does not obligate Western Asbestos to make any future payments to the Trust. In any event, since Western Asbestos is defunct, it is in no position to make future payments to the Trust. Therefore, this provision does not satisfy 11 U.S.C. § 524(g)(2)(B)(i)(II).
However, the Plan also provides that MacArthur will contribute to the Trust a promissory note for $500,000, payable over five years. The Plan Proponents note that the definition of a “security” in 11 U.S.C. § 101(49) expressly includes a note. The Plan also requires MacArthur to make payments to the Trust pursuant to the note. The Court concludes that these provisions are sufficient to satisfy 11 U.S.C. § 524(g) (2) (B) (i) (I I) ,
The Objecting Insurers contend that the Plan does not satisfy 11 U.S.C. § 524(g)(2)(B)(i)(II) because it does not require any of the Debtors to pay dividends to the Trust. The Objecting Insurers read 11 U.S.C. § 524(g)(2)(B)(i)(II) as requiring payment in this form. The Plan Proponents read the statute to permit, but not to require, the future payments to be in the form of dividends.
The Court agrees with the Plan Proponents’ reading of the statute. The construction of 11 U.S.C. § 524(g)(2)(B)(i)(II) suggested by the Objecting Insurers makes no sense. If a chapter 11 debtor can satisfy its obligation to fund the Trust with a security by funding the Trust with a note, it makes no sense to read 11 ' U.S.C. § 524(g)(2)(B)(i)(II) as requiring the payment to be in the form of a dividend. If that had been Congress’ intention, the debtor would have been obligated to fund the Trust with stock.
b. Section 524(g)(2)(B)(i)(III)
As recited above, 11 U.S.C. § 524(g)(2)(B)(i)(III) requires the Plan to provide that the Trust will own or be entitled to own, upon the happening of specified contingencies, a majority of the voting shares of each debtor, the parent of each debtor, or the subsidiary of each debtor. The Plan satisfies this requirement. As noted in the preceding section, the Plan provides that Western Asbestos will contribute all of its shares to the Trust. It does not provide for any share contribution by Western MacArthur. However, it does provide that, upon the happening of a specified contingency, the Trust will own 51% of the voting shares of MacArthur. Since MacArthur is the parent of Western MacArthur, this provision satisfies 11 U.S.C. § 524(g)(2)(B)(i)(III) as to both MacArthur and Western MacArthur. The Objecting Insurers contend that these provisions do not satisfy 11 U.S.C. § 524(g)(2)(B)(i)(III). First, they note that Western Asbestos is a defunct corporation with no assets. As a result, its shares have no value. Second, they note that the contingency that would trigger the Trust’s ownership of 51% of the voting stock of MacArthur — the nonpayment of $500,000 as evidenced by the promissory note- — is insubstantial in relation to the total amount of the asbestos claims. Moreover, they note that the Plan gives MacArthur the right to recoup this $500,000 payment, and more, from future recoveries from the Objecting Insurers.
The Objecting Insurers contend that the purpose of 11 U.S.C. § 524(g)(2)(B)(i)(II) and (III) is to give the Trust a stake in the success of the future operations of the debtors as a quid pro quo for their discharge and that these provisions fails to meet that purpose. They note that the Court previously rejected as not conforming to the statute the contingency proposed in the original version of the Plan.
The Plan Proponents respond that, as enacted, 11 U.S.C. § 524(g)(2)(B)(i)(III) does not require the Plan to give the Trust and the asbestos claimants a stake in the success of the Debtors’ future operations. They contend that the more fundamental purpose of 11 U.S.C. § 524(g)(2)(B)(i)(II) and (III) is to provide for substantial payments to the asbestos claimants. Where the Trust is to be funded at the onset by a substantial contribution from one of the Debtors’ insurers and where, by comparison, the Debtors’ liquidation value is nominal, the contingency need not require the Debtor to make substantial future contributions in order to retain control over its operations.
The Plan Proponents also note that the vast majority of holders of asbestos related claims have voted in favor of the Plan. They question whether, as an equitable matter, the Objecting Insurers have standing to raise this objection on the asbestos claimants’ behalf.
The Court concludes that the Plan satisfies 11 U.S.C. § 524(g)(2)(B)(i)(III). Unlike the “contingency” proposed in the original version of the Plan, the contingency proposed here is clearly of the nature intended by the statute. The Objecting Insurers object only to its amount. The Court believes that this objection should be considered at the confirmation hearing in the context of 11 U.S.C. § 524(g)(4)(B)(ii) rather in the context of this subsection.
3. THE INJUNCTIONS
As part of the confirmation process, in order for the Plan to be effective, two injunctions must be issued: (1) a discharge injunction and (2) a 11 U.S.C. § 524(g) injunction (the “supplemental injunction”). The Plan Proponents ask the court to determine as a matter of law certain issues related to these injunctions. Each of these injunctions and the issues related to them are discussed below.
a. The Discharge Injunction.
A corporate chapter 11 debtor receives a discharge from all pre-petition debts unless the plan provides for the liquidation of all or substantially all of the property of the debtor’s bankruptcy estate and the debtor does not intend to engage in business after consummation of the plan. 11 U.S.C. § 1141(d)(3). If a chapter 11 debtor receives a discharge, the confirmation order gives rise to an injunction enjoining the prosecution of the discharged debts against the debtor. 11 U.S.C. § 524(a).
The Objecting Insurers do not dispute that, if the Plan is confirmed, MacArthur and Western MacArthur will receive a discharge and thus be protected by a discharge injunction. However, they contend that Western Asbestos is not entitled to a discharge and therefore not entitled to the protection of a discharge injunction. They contend that Western Asbestos has no assets and will not operate a business after confirmation.
The Plan Proponents disagree. They contend that Western Asbestos has sufficient assets and business activity to entitle it to a discharge and thus the protection of a discharge injunction. It has directors and officers, assets (its rights under the Policies), and liabilities (the asbestos claims). After confirmation, its business activity will be to assign the Policies to the Trust, if possible, and, if not, to pursue its rights under the Policies itself and ultimately to wind up its affairs.
The Court concludes that Western Asbestos is not entitled to a discharge or to the protection of a discharge injunction. It agrees with the Plan Proponents that a dissolved corporation is entitled to be a chapter 11 debtor. The Plan Proponents have cited three cases so holding: In re Cedar Tide Corp., 859 F.2d 1127, 1132-33 (2nd Cir.1988); In re Martin-Trigona, 760 F.2d 1334 (2nd Cir.1985); In re Quad City Minority Broadcasters, Inc., 252 B.R. 773 (Bankr.S.D.Iowa 2000). In all three cases, the courts concluded that a dissolved corporation was qualified to be a debtor in a bankruptcy case. They based this conclusion in part on state law permitting a dissolved corporation to sue and be sued. California law contains such a provision. See Cal. Corp.Code § 2010; Penasquitos, Inc. v. Superior Court, 53 Cal.3d 1180, 283 Cal.Rptr. 135, 812 P.2d 154 (1991). Accordingly, the Court reaches the same conclusion as the three courts cited above.
However, the Court disagrees with the Plan Proponents’ further contention that Western Asbestos qualifies for a discharge under 11 U.S.C. § 1141(d)(3). There would be no substance left to 11 U.S.C. § 1141(d)(3) if the level of assets and business activity retained by Western Asbestos entitled it to a discharge. Therefore, the Court determines as a matter of law that Western Asbestos is not entitled to a discharge or to the protection of a discharge injunction.
b. The Supplemental Injunction.
The Plan Proponents contend that, even if Western Asbestos is not enti-tied to the protection of a discharge injunction, it is entitled to the protection of the supplemental injunction provided by 11 U.S.C. § 524(g). The Objecting Insurers dispute this contention. They note that 11 U.S.C. § 524(g) provides for the issuance of an injunction to “supplement” the discharge injunction. See 11 U.S.C. § 524(g)(1)(A). Because Western Asbestos is not entitled to a discharge injunction, according to the Objecting Insurers, there is nothing to supplement.
Again, the Plan Proponents contend that the Objecting Insurers have no standing to raise this objection. As stated earlier, the Court will not reach this issue. Whether or not the Objecting Insurers have standing, the Court will consider their objections since it must conclude that such an injunction is authorized by 11 U.S.C. § 524(g) in order to issue it.
The Court agrees with the Objecting Insurers that Western Asbestos is not entitled to the protection of the supplemental injunction but for a different reason. The Court does not believe that an entity must receive a discharge to be entitled to the protection of the supplemental injunction. All that is necessary is that some debtor receive a discharge. Section 524(g)(1)(B) specifies the entities who are entitled to the protection of a supplemental injunction. See 11 U.S.C. § 524(g)(1)(B). None of the parties described there is entitled to a discharge.
The question remains whether Western Asbestos qualifies as one of the parties specified by 11 U.S.C. § 524(g)(1)(B)(ii)(I)-(IV) as entitled to the protection of the supplemental injunction. Section 524(g)(4)(A)(ii) provides as follows:
(ii) Notwithstanding the provisions of section 524(e), such an injunction may bar any action directed against a third party who is identifiable from the terms of such injunction... and is alleged to be directly or indirectly liable for the conduct of, claims against, or demands on the debtor to the extent such alleged liability of such third party arises by reason of—
(1) the third party’s ownership of a financial interest in the debtor or a past or present affiliate or predecessor in interest of the debtor;
(II) the third party’s involvement in the management of the debtor, or a predecessor in interest of the debtor, or the third party’s service as an officer, director or employee of the debtor or of a related party;
(III) the third party’s provision of insurance to the debtor or to a related party; or
(IV) the third party’s involvement in a transaction changing the corporate structure, or in a loan or other financial transaction affecting the financial condition of the debtor or of a related party, including but not limited to—
(aa) involvement in providing financing (debt or equity), or advice to an entity involved in such a transaction; or
(bb) acquiring or selling a financial interest in an entity as part of such a transaction.
The Plan Proponents contend that Western Asbestos qualifies as a party that may be protected by the supplemental injunction pursuant to 11 U.S.C. § 524(g) (4) (A) (ii) (IV). They note that Western Asbestos is alleged to be liable for the claims that are also claims against the other two Debtors. Moreover, Western Asbestos was involved in a financial transaction affecting the financial condition of Western MacArthur: i.e., Western MacArthur’s purchase of Western Asbestos’s assets.
This contention ignores an important part of 11 U.S.C. § 524(g)(4)(A)(ii)(IV): i.e., “to the extent such alleged liability of such third party arises by reason of....” Section 524(g)(4)(A)(ii)(IV) requires that Western Asbestos’s liability for claims that are also claims against Western Asbestos arise as a result of the financial transaction affecting the financial condition of Western MacArthur. However, Western Asbestos’s liability for the asbestos claims arises as a result of its own financial operations, not as a result of the asset purchase. Western MacArthur could claim the benefit of 11 U.S.C. § 524(g)(4)(A)(ii)(IV) if it needed to do so. Western Asbestos cannot.
Ironically, 11 U.S.C. § 524(g)(4)(ii)(I) and (II) would permit an owner or manager of Western Asbestos to be protected by a supplemental injunction. The Court concludes that the omission of the predecessor itself in these subsections was a drafting oversight. The Plan Proponents contend that, even if 11 U.S.C. § 524(g) does not authorize a supplemental injunction protecting Western Asbestos, the Court may and should issue such an injunction under 11 U.S.C. § 105. The Court agrees provided the Plan Proponents establish that such an injunction is necessary to the effectiveness of the Plan. This has not yet been established to the Court’s satisfaction. The nature of the harm threatened by the lack of such an injunction has not been made sufficiently clear.
The Court is mindful of the limits of its authority under 11 U.S.C. § 105. See In re Lowenschuss, 67 F.3d 1394, 1402 (9th Cir.1995); In re Yadidi, 274 B.R. 843, 848 (9th Cir. BAP 2002)(“§ 105 is not a roving commission to do equity or to do anything inconsistent with the Bankruptcy Code.”) However, the Court does not believe that issuing such an injunction, if necessary, would exceed that authority. To the contrary, the Court believes that 11 U.S.C. § 105 exists for just such a situation.
In their reply brief, the Objecting Insurers contend that, even if 11 U.S.C. § 524(g) authorizes the issuance of a supplemental injunction enjoining their assertion of contribution claims, the Court should refuse to grant such an injunction as an equitable matter. The Court disagrees.
While an injunction is an equitable remedy, in this instance, the equities are built into 11 U.S.C. § 524(g). If those equities are satisfied, the Court does not believe that it has the discretion to limit the effect of the supplemental injunction to something less than that permitted by statute. However, as noted above, 11 U.S.C. § 1129(a)(3) requires the Court to find that the Plan was proposed in good faith. If the Objecting Insurers are able to convince the Court that the Plan is inequitable in its effect on them, presumably, the Court will be unable to find that the Plan satisfies this provision and will decline to confirm the Plan.
In a footnote, the Objecting Insurers also question whether a supplemental injunction has the effect of enjoining the assertion of these contribution claims against USF & G. Although this issue presents a closer question, again, the Court disagrees with the Objecting Insurers. The express language of 11 U.S.C. § 524(g)(1)(B) is not helpful in resolving the issue. As the Objecting Insurers point out, they will not be receiving payments from the Trust. Therefore, the language permitting the enjoining of any claim or demand that “is to be paid in whole or in part by a trust” does not appear to permit the enjoining of contribution claims.
Nevertheless, the Court concludes that the supplemental injunction may enjoin the Objecting Insurers’ contribution claims. The strongest argument for this conclusion is that, for the supplemental injunction to be effective, it must bar contribution claims. While that argument does not justify the Court’s reading 11 U.S.C. § 524(g)(1)(B) in a manner to which its language is not susceptible, it does and should inform the Court’s reading of that subsection.
The textual basis for the Court’s conclusion is the language providing that the injunction may “enjoin entities from taking legal action for the purpose of directly or indirectly collecting... any claim that... is to be paid in whole or in part by a trust....” The Objecting Insurers’ assertion of contribution claims against USF & G would clearly constitute indirect attempts to collect the asbestos claims. Therefore, the Objecting Insurers may be enjoined from asserting their contribution claims.
4. INSURANCE ISSUES
The Plan provides that the Debtors will transfer their rights under the Policies to the Trust. The Objecting Insurers contend that, by transferring the Policies to the Trust, the Plan improperly modifies their contractual rights under state law. They note that the Policies state that they may not be assigned without the Objecting Insurers’ consent. At the hearing, the Objecting Insurers conceded that the transfer of the Policies to the Trust, by itself, does not violate this provision and is authorized by 11 U.S.C. § 1123(a)(5). However, they contended that the way in which the Plan operates, pursuant to the TDP and the Matrix, denies them their contractual rights under state law. They contend that a chapter 11 plan may not affect an insurer’s contractual rights under state law.
In particular, the Objecting Insurers note that, under state law, an insured is required to tender the defense of any claim that the insured alleges is covered by an insurance policy to the insurer. Unless the insurer declines to accept the tender of the defense, with or without a reservation of rights, the insurer is entitled to participate in the defense of the action and in any settlement of the claim. If the insurer is not allowed to do so, the insurer is not liable to pay the claim even if the claim is determined to be covered by the policy. The Objecting Insurers note that the Plan, the Matrix, and the TDP do not propose to require that claims be tendered to them or that they be given a chance to defend against the claims or to participate in any settlement.
The Plan Proponents agree with the Objecting Insurers that the Plan, the Matrix, and the TDP will modify the Objecting Insurers’ contractual rights under state law, including in the fashion described in the preceding paragraph. However, they contend that the Bankruptcy Code permits them to do so. They assert that 11 U.S.C. § 524(g) preempts state law governing an insurer’s contractual rights under these circumstances. They contend that the Plan is unworkable unless it preempts state law in these respects. They argue that the Court must rule on the preemption issue in order to determine whether the Plan is feasible.
By contrast, the Objecting Insurers contend that this Court may not determine the preemption issue, at least in the absence of an adversary proceeding seeking declaratory relief. They claim that the effect of the Plan on the Objecting Insurers’ rights under state law should be left to the state court handling the coverage litigation.
Given the importance and complexity of this issue, the Court will defer its decision on both the preemption issue and the threshold issue of whether it may and should determine the preemption issue until confirmation.
SUMMARY OF RULINGS AND RESERVED ISSUES
A. Section 1129 Issues
1.The Plan satisfies 11 U.S.C. § 1129(a)(1) except that:
a. To the extent that 11 U.S.C. § 1129(a)(1) incorporates 11 U.S.C. § 1123(a)(4), whether the Plan satisfies that subsection is reserved for the confirmation hearing.
b. To the extent that 11 U.S.C. § 1129(a)(1) incorporates 11 U.S.C. § 1123(b)(6):
(1) The Plan provision allowing the California default judgment claims is not inconsistent with 11 U.S.C. § 541(c)(1)(B) and does not violate U.S.C. § 1123(b)(6). The Objecting Insurers’ objection to the California default judgment claims on this ground is overruled.
(2) The Plan does not improperly modify the Objecting Insurers’ rights under bankruptcy law by denying the Objecting Insurers the right to object to the asbestos claims after confirmation.
(3) The release provision included in the Plan are inappropriate only in one respect which the Plan Proponents have agreed to modify. Assuming the modification is satisfactory, this objection will be withdrawn.
2. The Plan satisfies 11 U.S.C. § 1129(a)(2) as a matter of law.
3. The issue of whether the requirements of 11 U.S.C. § 1129(a)(3) can be satisfied is reserved for the confirmation hearing except that the contention that the settlements with the Baron & Budd claimants and the Constructive Trust claimants were proposed in bad faith is overruled as a matter of law.
4. Given the Plan Proponents’ agreement to modify the Plan to submit the $12.3 million pre-petition payment by USF & G to certain of the Plan Proponents’ counsel to Court approval as reasonable, assuming the modification is satisfactory to the Court, the Plan will satisfy 11 U.S.C. § 1129(a)(4) as a matter of law.
5. The Plan satisfies 11 U.S.C. § 1129(a)(5) and (6) as a matter of law.
6. The issue of whether the Plan satisfies 11 U.S.C. § 1129(a)(7) is reserved for the confirmation hearing.
7. The Plan satisfies 11 U.S.C. § 1129(a)(8)-(13) as a matter of law except to the extent that the violation of other subsections results in a violation of 11 U.S.C. § 1129(a)(8). The latter issue is reserved for the confirmation hearing.
B. Section 524(g) Issues
1. The Plan satisfies 11 U.S.C. § 524(g)(2)(B)(i)(I)-(rV), 11 U.S.C. § 524(g)(B)(2)(ii)(I)-(IV), and 11 U.S.C. § 524(g)(4)(B)® as a matter of law.
2. The following issues are reserved for the confirmation hearing:
a. Whether the Plan satisfies 11 U.S.C. § 524(g)(2)(B)(ii)(V); and
b. Whether the Plan satisfies 11 U.S.C. § 524(g)(4)(B)(ii).
C. Injunction Issues
If the Plan is confirmed, Western MacArthur and MacArthur are entitled to a discharge and thus the protection of a discharge under 11 U.S.C. § 524(a). USF & G, the Committee, and their agents are entitled to the protection of a supplemental injunction under 11 U.S.C. § 524(g)(4)(A)(ii). Western Asbestos is not entitled to a discharge or a discharge injunction or to a supplemental injunction. However, the Court has the power to issue an injunction protecting Western Asbestos from any prosecution of the asbestos claims under 11 U.S.C. § 105 if the Plan Proponents establish that such an injunction is necessary to the effectiveness of the Plan. This issue is reserved for the confirmation hearing.
The Objecting Insurers may be enjoined from asserting their contribution claims against USF & G, as well as any other parties covered by the supplemental injunction, pursuant to 11 U.S.C. § 524(g)(1)(B) provided the statutory requirements for the issuance of such an injunction are satisfied. Section 524(g)(1)(B) can only sensibly be read to permit the enjoining of such claims. Any inequity in the operation of such an injunction will be considered in determining whether the Plan is being proposed in good faith and whether the requirements under 11 U.S.C. § 524(g) for issuing an injunction are satisfied.
D.Insurance Issues
The Court concludes that the Policies or rights under the Policies may be transferred to the Trust by virtue of 11 U.S.C. § 1123(a)(5) regardless of whether state law would permit them to be assigned. The Court will reserve for the confirmation hearing all other insurance issues, including whether 11 U.S.C. § 524(g) preempts state law governing the Objecting Insurers’ contractual rights and, as a threshold matter, whether this Court (or the state court determining coverage) should rule on this issue.
Counsel for the Plan Proponents are directed to submit a proposed form of order in accordance with this decision after consulting as to the form with opposing counsel.
. At the October 29 hearing, the Plan Proponents agreed to make certain changes to the Plan to address some of the Court's tentative rulings. With the understanding that these changes will be made, for the most part, the Court has eliminated any discussion of the issues in question and in any event has eliminated any ruling on the issues.
. The Futures Representative was appointed by the bankruptcy court to represent the holders of "future demands": i.e., the right to payment by individuals who have been exposed to asbestos but are not yet aware that they have suffered an injury. The Ninth Circuit, as well as other circuits, has held that, as a constitutional matter, future demands may not be discharged in bankruptcy unless the holders of such demands had some basis for knowing that they had a right to payment in time to file proofs of claim in the bankruptcy case. See In re Jensen, 995 F.2d 925 (9th Cir.1993). At the October 29 hearing, the Court was advised that the Debtors contend that future demands qualify as "claims” for purposes of the best interests test under 11 U.S.C. § 1129(a)(7) and that the Objecting Insurers dispute this contention. The issue will be reserved for confirmation.
.In state court litigation, Western MacArthur was held to be the successor of Western Asbestos, the defunct company, for liability purposes by virtue of its acquisition of Western Asbestos’s assets. The bulk of the asbestos related claims arise from the operations of Western Asbestos. A substantially smaller number of claims arise from the MacArthur’s operations in other states, mostly in the Midwest, and from Western MacArthur's own California operations.
. USF & G issued insurance policies only to Western Asbestos, which Western Marathon contends were assigned to it.
. Argonaut issued six insurance policies to Western Asbestos and three insurance policies to Western Marathon. Harbor and U.S. Fire insured Marathon and Western Marathon.
. This sum has presumably been reduced by $3 million by virtue of the settlement with the Constructive Trust claimants, as discussed below. The Court assumes that this reduction will be passed along solely to the Claimant Escrow, which is discussed below.
. As discussed below, the Court concludes that Western Asbestos is not entitled to a discharge.
. The requirements of 11 U.S.C. § 1129 apply to all chapter 11 plans. The requirements of 11 U.S.C. § 524(g) apply only to plans dealing with asbestos related claims.
. Rule 56 directs the court to grant judgment in accordance with the relevant law when there are no genuine issues of material fact. In doing so, the court must view the evidence in the light most favorable to the nonmoving party. Far Out Productions, Inc. v. Oskar, 247 F.3d 986, 992 (9th Cir.2001). When some but not all issues may be decided in this fashion, if practicable, the court is directed to determine and to make an order specifying "what material facts exist without substantial controversy and what material facts are actually and in good faith controverted.’' "Upon the trial of the action the facts so specified shall be deemed established." FRCP 56(d). This grant of partial summary judgment is intended to be interlocutory in nature.
. The Objecting Insurers contend that the Plan Proponents improperly solicited the votes of certain groups of asbestos claimants. If a sufficient number of votes are invalidated based on their having been improperly solicited, Class 4 may not have effectively accepted the Plan as required by 11 U.S.C. § 1129(a)(8). See 11 U.S.C. § 1126(c) (specifying the number and dollar amounts of claims voting in favor of a plan required to constitute acceptance by an impaired class for purposes of confirmation) and § 524(g)(2)(B)(ii)(IV)(b) (specifying the number of asbestos related claims voting in favor of a plan required for the issuance of an injunction under 11 U.S.C. § 524(g)). However, the Objecting Insurers raise this objection in the context, of 11 U.S.C. § 1129(a)(3); therefore, the objection will be discussed in that context.
. Claims entitled to priority under 11 U.S.C. § 507(a)(1) (administrative claims), 507(a)(2) (claims that arise after an involuntary petition is filed and before the order for relief is entered), and 507(a)(8) (claims for spousal support) are not classified because their rights may not be impaired. The Bankruptcy Code specifies how they must be treated in a plan unless the holder of the claim affirmatively agrees to a less favorable treatment. There are no spousal support or involuntary "gap” claims in this case. The Plan provides a treatment for administrative claims that complies with the Bankruptcy Code.
. To the extent that the Objecting Insurers contend that Class 4 is improper because it includes both liquidated and unliquidated claims, the Court overrules this objection to the Plan. Liquidated and unliquidated general, unsecured claims are clearly "substantially similar” within the meaning of 11 U.S.C. § 1122(a) and are routinely placed in the same class in chapter 11 plans.
. No issue of less favorable treatment is presented by the provisions of section 5.4 of the TWP because all parties affected thereby have consented to their treatment.
. Apparently in recognition of the discrepancy in the amounts of the California default judgments as compared to claims liquidated in other fashions, the holders of the California default judgment claims have agreed to reduce their claims by 12% for purposes of calculating the initial distribution. They will only receive a distribution based on the full amount of their claims after a specified amount of additional insurance proceeds have been recovered by the Trust: i.e., from the Objecting Insurers.
. The Objecting Insurers also contend that the Plan inappropriately modifies its contractual rights under state law. This issue will be discussed in section 4 below.
. The Objecting Insurers also contend that the Plan and the TDP are inappropriate because they deny the Objecting Insurers their contractual rights under state law. This contention is discussed in the last section of this Memorandum. The issue is reserved for the confirmation hearing. Further, the Objecting Insurers contend that section 10.8 of the Plan is inappropriate. In response to the Court's tentative ruling sustaining this objection, the Plan Proponents agreed to amend this provision. Therefore, this issue is withdrawn pending consideration of the form of the amendment.
. The Plan Proponents contend that a creditor may object to a claim only if the case fiduciary refuses wrongfully to do so. Although they cite some authority for that proposition, the Court finds that authority unpersuasive in the face of the plain language of 11 U.S.C. § 502(a).
.The issue is complicated by the fact that, at the beginning of these cases, at the Plan Proponents' request, the Court excused the asbestos claimants from filing individual proofs of claim. Instead, they were required to file the equivalent to proofs of claim as part of their ballots. This made it difficult for the Objecting Insurers to object to the asbestos claims on an individual basis before confirmation. As discussed above, they have objected to one group of claims — the California default judgment claims — on legal grounds. However, the Objecting Insurers do not object that they have been deprived of the right to object to the asbestos claims on an individual basis before confirmation of the Plan. They object to being denied that right after confirmation as the claims are being liquidated pursuant to the TDP.
. Section 524(e) provides that: "discharge of a debt of the debtor does not affect the liability of any other entity on, or the property of any other entity for, such debt.”
. The other cases cited by the Objecting Insurers are not sufficiently on point to be worth discussing.
. The Plan Proponents cite In re Asbestos Claims Management Corp., 294 B.R. 663, 689-90 (N.D.Tex.2003); and In re Celotex Corp., 204 B.R. 586, 626-27 (Bankr.M.D.Fla.1996), which recite release provisions covering pre-petition as well as post-petition acts contained in confirmed chapter 11 plans. However, those cases contain no discussion regarding the propriety of such provisions.
. The Court denied the motion without prejudice to its being reasserted at confirmation.
. The amendment will not prevent the Objecting Insurers from arguing that this payment invalidated the votes of the clients of the counsel who received it or is evidence that the Plan is not being proposed in good faith.
. Section 1129(a)(7) requires the Court to make the same finding as to any impaired class of interests. Classes 5B (the equity holders of Western Asbestos, the dissolved corporation) and Class 5C (the equity holders of the MacArthur) are both impaired. However, all of the members of Class 5C voted for the Plan. Because all the shares of Class 5B will be transferred to the Trust, the members of this class are deemed to have rejected the Plan, and their votes are not solicited. 11 U.S.C. § 1126(g). The Plan must and can be confirmed over their deemed rejection pursuant to 11 U.S.C. § 1129(b)(2)(C)(ii) because no junior class of interests will receive or retain anything under the Plan. Because the members of this class are not entitled to vote, the Court concludes that 11 U.S.C. § 1129(a)(7) does not apply to them.
. The Plan Proponents ask the Court to rule as a matter of law at this time that “fair and equitable” as used in 11 U.S.C. § 524(g)(4)(B)(ii) does not have the same meaning as in 11 U.S.C. § 1129(b). The Court agrees that it does not and will so hold at this time.
. The Plan also requires the Debtors to contribute to the Trust two additional items which the Plan Proponents allege are also securities: i.e., the MacArthur Business Loss Insurance Security and the MacArthur General Insurance Security. The Plan assigns to the Trust any payments that are recovered from these two sources. Since the Court concludes that the promissory note and the payments pursuant to it satisfy the requirements of 11 U.S.C. § 524(g)(2)(B)(i)(II), the Court need not decide whether these alternate sources of funding for the Trust satisfy the statute.
. The Objecting Insurers note that 11 U.S.C. § 524(g) was enacted to codify and ratify the plans confirmed in the seminal asbestos claim chapter 11 cases: Johns-Manville and UNR. In Johns-Manville, the trust established to pay the asbestos related claims was funded with 80% of the debtor's stock and 20% of its future profits. In UNR, the trust was funded with 63% of the debtor's stock and the right to receive substantial future dividends.
. The Plan, as originally filed, proposed that the Trust could own MacArthur's shares by purchasing them at their fair market value. The Court found that this contingency did not satisfy 11 U.S.C. § 524(g)(2)(B)(i)(III).
.The Plan Proponents contend that 11 U.S.C. § 524(g) provides for the issuance of three types of injunctions: (1) a channeling injunction, (2) a supplemental injunction, and (3) an asbestos insurance injunction. The Court reads 11 U.S.C. § 524(g) as providing for only one type of injunction, albeit with a variety of effects.
. Section 2010(a) of the California Corporations Code provides that "[a] corporation which is dissolved nevertheless continues to exist for the purpose of winding up its affairs, prosecuting and defending actions by or against it and enabling it to collect and discharge obligations, dispose of and convey its property and collect and divide its assets, but not for the purpose of continuing business except so far as necessary for the winding up thereof.” The aims being pursued by Western Asbestos in the Plan are consistent with the activities permitted by this provision.
. Section 524(g)(1)(A) provides that: "After notice and hearing, a court that enters an order confirming a plan of reorganization under chapter 11 may issue, in connection with such order, an injunction in accordance with this subsection to supplement the injunctive effect of a discharge under this section. [Emphasis added.]”
. Section 524(g)(1)(B) provides that: "An injunction may be issued.. .to enjoin entities from taking legal action for the purpose of directly or indirectly collecting, recovering, or receiving payment or recovery with respect to any claim or demand that, under a plan of reorganization, is to be paid in whole or in part by a trust described in paragraph (2)(B)(I), except such legal actions as are expressly allowed by the injunction, the confirmation order, or the plan of reorganization.”
. Section 105(a) empowers the Court to issue: "any order, process, or judgment that is necessary or appropriate to carry out the provisions of this title.”
. Section 1123(a)(5) provides as follows:
Notwithstanding any otherwise applicable nonbankruptcy law, a plan shall—
(5) provide adequate means for the plan's implementation, such as
(B) transfer of all or any part of property of the estate to one or more entities, whether organized before or after the confirmation of such plan.
| CASELAW |
Bryson GALLOWAY, Plaintiff, v. CITY OF ABBEVILLE, ALABAMA, et al., Defendants.
Case No. 1:11-cv-663-MEF.
United States District Court, M.D. Alabama, Southern Division.
July 2, 2012.
Mark Andrew Overall, Mark Overall & Associates, LLC, Montgomery, AL, for Plaintiff.
James Hillary Pike, Shealy, Crum & Pike, P.C., Dothan, AL, for Defendants.
Memorandum Opinion and Order
MARK E. FULLER, District Judge.
I.Introduction
Four of the five defendants in this case have moved to dismiss the claims against them. The City of Abbeville and Officer John Duhaime filed the first Motion to Dismiss (Doc. # 12), followed by similar Motions to Dismiss filed by Henry Count, Alabama (Doc. # 16), and Sheriff William Maddox (Doc. # 18). In response, Galloway’s lawyer filed a brief contesting the defendants’ motions that largely failed to address the arguments made by defense counsel. For the reasons discussed below, the defendants’ motions are due to be GRANTED IN PART and DENIED IN PART as set out more fully in this order.
II.Jurisdiction and Venue
The Court has subject-matter jurisdiction over this case under 28 U.S.C. §§ 1331 (federal question) and 1343 (civil rights). The parties do not contend that the Court lacks personal jurisdiction over them, nor do they dispute that venue is proper under 28 U.S.C. § 1391(b). The Court finds there are adequate allegations supporting both.
III.Legal Standard
A motion to dismiss mainly tests the legal sufficiency of the complaint. Fed. R.Civ.P. 12(b)(6). It does not delve into disputes over the proof of the facts alleged — such a crucible is reserved for the summary judgment stage. With this in mind, the Court accepts as true all wellpled factual allegations in the complaint, viewing them in the light most favorable to the plaintiff. Pielage v. McConnell, 516 F.3d 1282, 1284 (11th Cir.2008); Am. United Life Ins. Co. v. Martinez, 480 F.3d 1043, 1057 (11th Cir.2007). And while a court typically keeps its motion to dismiss inquiry within the four corners of the complaint, the Court may nonetheless consider an outside document when it is undisputed and central to the plaintiff’s claims. Speaker v. U.S. Dep’t of Health & Human Servs., 623 F.3d 1371, 1379-80 (11th Cir.2010). The Court will grant a motion to dismiss “when, on the basis of a dispositive issue of law, no construction of the factual allegations will support the cause of action.” Marshall Cnty. Bd. of Ed. v. Marshall Cnty. Gas Dist., 992 F.2d 1171, 1174 (11th Cir.1993).
A motion to dismiss also requires compliance with some minimal pleading standards. Indeed, although a plaintiffs complaint generally need only contain “a short and plain statement of the claim showing that the pleader is entitled to relief,” Fed. R.Civ.P. 8(a)(2), the plaintiff must still allege “enough facts to state a claim to relief that is plausible on its face.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). And “[a] claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1950, 173 L.Ed.2d 868 (2009). The plaintiff must provide “more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Twombly, 550 U.S. at 559, 127 S.Ct. 1955. Nor does it suffice if the pleadings merely leave “open the possibility that a plaintiff might later establish some set of undisclosed facts to support recovery.” Id. at 561, 127 S.Ct. 1955.
IV.Background
As this is a motion to dismiss, the following facts, which the Court accepts as true at this stage in the proceedings, come from the allegations in Galloway’s amended complaint.
On May 13, 2010, Bryson Galloway and Carl Brown were standing on the corner of A.B. Cotton Drive and Rock Creek Road in Headland, Alabama. (Doc. # 3 at ¶ 3.) While the two men were waiting for someone to pick Brown up, two unmarked cars approached. (Id.) John Babinski exited one of the vehicles and John Duhaime alighted from the other. (Id.) Babinski and Duhaime both worked on a joint task force assembled by the City of Abbeville and Henry County; Babinski came from the City of Abbeville Police Department, Duhaime from the Henry County Sheriffs Office. (Id.)
Babinski and Duhaime approached Galloway and Brown, asking both men for identification. (Id. at ¶ 4.) Brown showed the officers his license, but since Galloway does not drive, and because he stood only a few houses away from his home, he had no identification on him at the time. (Id.)
At this point, the officers became combative with Galloway. (Id.) He never resisted or attacked the officers (id. at ¶ 6), yet they grabbed him, wrestled him to the ground, and then beat him mercilessly. (Id. at ¶ 5.) (Id.) Galloway suffered a seizure as a result of the beating. (Id. at ¶ 6.)
The officers then arrested Galloway for assaulting an officer, resisting arrest, and disorderly conduct. (Id. at ¶ 7.) Galloway was taken to jail and he had to post bond to secure his release. (Id. at ¶8.) On August 12, 2011, he sued Babinski and Duhaime, along with their employers, the Henry County Sheriffs Office and the City of Abbeville Police Department. (Docs. # 1, 3.) He also tacked on a claim against Sheriff William Maddox for good measure. (Id.) In his first amended complaint, Galloway’s scattershot pleading asserts the following claims:
1.In Count A, he claims the officers violated the Fourth Amendment by using unreasonable or excessive force. He contends that all of the defendants face liability for Babinski and Duhaime’s actions under 42 U.S.C. § 1983. (Doc. #3 at ¶ 11.)
2. In Count B, he again claims the officers violated his Fourth Amendment rights, this time by arresting him unlawfully. Galloway contends that the officers lacked probable cause to arrest him, and he again brings his claim under § 1983 and against all of the defendants. (Doc. # 3 at ¶ 13.)
3. In Count C, Galloway claims that “Babinski drafted and submitted three Complaints and also three arrest reports that contained false statements,” which “resulted in [Galloway] being temporarily incarcerated falsely and forced him to post a bond to secure his release.” (Doc. # 3 at ¶ 15.) Again, he brings this claim under § 1983 and against all of the defendants. (Id.)
4. In Count D, he claims that the City of Abbeville, Henry County, and Sheriff Maddox failed to supervise Babinski adequately, and contends the defendants acted negligently in their hiring and training of the officers. Galloway further asserts that the City and County’s indifference to these problems amounts to a policy or custom creating the climate for the type of incident at issue here. (Doc. # 3 at ¶ 17.)
5. In Count E, Galloway appears to claim that, because the officers lacked probable cause to arrest him, he was falsely imprisoned in violation of the Fourth Amendment. (Doc. # 3 at ¶ 19.)
6. In Count F, he asserts a claim for state law battery based on Babinski and Duhaime’s actions. Galloway alleges that all of the defendants sued in the complaint are liable for this claim. (Doc. # 3 at ¶ 21.)
7. In a section titled “Damages,” Galloway claims that he sought medical treatment for his injuries, had to post bond for an unlawful arrest, had to pay court costs, incurred physical pain and suffering, and suffered mental anguish, among other alleged injuries. (Doc. # 3 at ¶ 22.) In addition, he asks for punitive damages and attorneys fees in the prayer for relief found in his amended complaint.
Shortly after receiving the amended complaint, and before filing an answer, four of the defendants moved to dismiss the claims against them. Duhaime argues that the qualified immunity doctrine inoculates him against civil liability because he reasonably performed a discretionary function. The City, Henry County, and Sheriff Maddox contend that they are either immune or that Galloway failed to allege the existence of a policy or custom that would lead to municipal liability.
V. Discussion
The Court will address the motions to dismiss using a claim-by-claim analysis,- organizing the claims by defendant. First, the Court will address the allegations against John Duhaime, including those brought against him in his official and individual capacities. Next, the Court will turn to the claims against the City of Abbeville. After that, it will analyze the claims against Henry County, Alabama. Lastly, the Court will address the claims brought against Sheriff Maddox.
A. The claims against John Duhaime
1. The official capacity claims against Duhaime
The complaint makes clear that Galloway has sued John Duhaime for money damages “in his individual and official capacities.” (Doc. #3 at ¶ 2.) The Eleventh Circuit Court of Appeals has explained why this is unnecessary: “Because suits against a municipal officer sued in his official capacity and direct suits against municipalities are functionally equivalent, there no longer exists a need to bring official-capacity actions against local government officials.” Busby v. City of Orlando, 931 F.2d 764, 776 (11th Cir.1991) (internal punctuation omitted). Moreover, “[u]nder the Eleventh Amendment, state officials sued for money damages in their official capacity are immune from suit in federal court.” Jackson v. Ga. Dep’t of Transp., 16 F.3d 1573, 1575 (11th Cir.1994); see also Kentucky v. Graham, 473 U.S. 159, 166, 105 S.Ct. 3099, 87 L.Ed.2d 114 (1985). Here, Galloway has not sued for injunctive relief, instead seeking only money damages against Duhaime in his official capacity. The official capacity claims against Duhaime are therefore due to be dismissed for lack of subject matter jurisdiction.
2. The individual capacity claims against Duhaime
Duhaime invokes the doctrine of qualified immunity in seeking dismissal of the individual capacity claims brought against him. The qualified immunity doctrine protects officials from the chilling effect that the fear of personal liability would create in carrying out their discretionary duties. See Anderson v. Creighton, 483 U.S. 635, 638, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987). It immunizes “from suit all but the plainly incompetent or one who is knowingly violating the federal law.” Lee v. Ferraro, 284 F.3d 1188, 1194 (11th Cir.2002) (quoting Willingham v. Loughnan, 261 F.3d 1178, 1187 (11th Cir.2001)).
Because qualified immunity is an affirmative defense, the “public official must first prove that he was acting within the scope of his discretionary authority when the allegedly wrongful acts occurred.” Lee, 284 F.3d at 1194. “To determine whether an official was engaged in a discretionary function,” federal courts look to see whether the disputed acts “fell within the employee’s job responsibilities.” Crosby v. Monroe Cnty., 394 F.3d 1328, 1332 (11th Cir.2004) (internal citation omitted). This inquiry does not ask “whether the act complained of was done for an improper purpose, but ‘whether the act complained of, if done for a proper purpose, would be within, or reasonably related to, the outer perimeter of an official’s discretionary duties.’ ” Plotkin v. United States, 465 Fed.Appx. 828, 831-32 (11th Cir.2012) (quoting Harbert Int’l, Inc. v. James, 157 F.3d 1271, 1282 (11th Cir.1998)). The allegations here show that Duhaime acted in his law enforcement capacity when he approached Galloway, asked for identification, and arrested him. Since these are all law enforcement activities, he has carried his initial burden of showing he acted in a discretionary function.
Once the defendant seeking qualified immunity shows that he acted in a discretionary capacity, the burden shifts to the plaintiff to show that qualified immunity should not apply. Lee, 284 F.3d at 1194. Since Duhaime has shouldered his initial burden, Galloway must show that Duhaime violated one of his constitutional rights, and that the claimed right was clearly established when the challenged conduct occurred. Ashcroft v. al-Kidd, 563 U.S. -, -, 131 S.Ct. 2074, 2080, 179 L.Ed.2d 1149 (2011). In other words, Galloway bears the burden of showing that, when Duhaime acted, “the law established the contours of a right so clearly that a reasonable official would have understood his acts were unlawful.” Post v. City of Fort Lauderdale, 7 F.3d 1552, 1557 (11th Cir.1993).
a. Qualified immunity on Galloway’s excessive force claim (Count A)
In Count A, Galloway alleges that Duhaime used excessive force by suddenly attacking and then arresting him. As a threshold matter, the parties dispute what set of facts the Court should credit. On the one hand, Galloway operates under the assumption that the facts in the amended complaint control. On the other hand, Duhaime relies heavily on an affidavit filed by Galloway with his initial complaint. The affidavit states that Galloway pulled away from one of the officers when the officer grabbed his elbow, which suggests that Duhaime had a basis for initiating the use of force against Galloway. But can the Court consider this information at this stage? It is true enough, as Duhaime asserts, that Galloway’s affidavit made up part of the original complaint. See Fed. R.Civ.P. 10(c). However, when a party files an amended complaint, the amended version supersedes the original. See, e.g., Fritz v. Sec. Life Ins. Co., 676 F.2d 1356, 1358 (11th Cir.1982). And in Galloway’s amended complaint, he omits any reference to him pulling away from the officers, alleging only that they approached and then beat him.
In Oppenheimer v. F.J. Young & Co., 3 F.R.D. 220 (S.D.N.Y.1943), a district court addressed this very question. There, the plaintiff amended his complaint and made reference to three exhibits filed with his original complaint. The court held that the federal rule allowing for adoption by reference to other pleadings, see Fed. R.Civ.P. 10(c), does not allow a party to incorporate by reference an exhibit attached to an abandoned pleading. 3 F.R.D. at 226; see also M.D. Ala. LR 15.1 (“Any amendment to a pleading ... must, except by leave of Court, reproduce the entire pleading ... and may not incorporate any prior pleading, document or other papers by reference.”). The Oppenheimer court’s decision is persuasive. The well-pleaded complaint rule makes the plaintiff master of the complaint, see, e.g., Caterpillar Inc. v. Williams, 482 U.S. 386, 392, 107 S.Ct. 2425, 96 L.Ed.2d 318 (1987), and, as master, he can amend his complaint so as to change the underlying factual allegations to the extent the Federal Rules of Civil Procedure (and his attorney’s ethical obligations) allow. Put differently, the plaintiff can decide to re-file the affidavits when amending his complaint or omit them if, for example, they do not comport with the factual allegations in the amended pleadings. Applying this rule to the case at hand, the Court will consider only the allegations in Galloway’s amended complaint in deciding the qualified immunity question.
In excessive force cases, courts deploy an objective test that gauges the reasonableness of the officer’s actions given the totality of the circumstances. Graham v. Connor, 490 U.S. 386, 396, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989). Relevant factors include: “the severity of the crime, whether the suspect poses a threat to the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight.” Saucier v. Katz, 533 U.S. 194, 195, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001) (citing Graham, 490 U.S. at 396, 109 S.Ct. 1865). In judging the reasonableness of an officer’s actions, courts have to avoid any hindsight bias by looking through the eyes of the officer on the scene at the time the incident occurred. Garrett v. Athens-Clarke Cnty., 378 F.3d 1274, 1281 (11th Cir.2004); see also Graham, 490 U.S. at 396, 109 S.Ct. 1865 (“Not every push or shove, even if it may later seem unnecessary in the peace of a judge’s chambers, violates the Fourth Amendment.”). Indeed, courts will not second-guess reasonable decisions made by an officer. Carr v. Tatangelo, 338 F.3d 1259, 1270 (11th Cir.2003). Nor are government officials required to err on the side of caution in carrying out their discretionary functions. Marsh v. Cnty. of Butler, 268 F.3d 1014, 1030 n. 8 (11th Cir.2001) (en banc).
Here, all three Graham/Saucier factors weigh in favor of denying Duhaime’s qualified immunity defense at this juncture. First, the amended complaint does not suggest that Galloway committed a crime — let alone a severe one — before Duhaime and Babinski approached him and began beating him. In Lee v. Ferraro, the Eleventh Circuit partly rested its decision denying qualified immunity on how the defendant arrested the plaintiff for honking her horn on a busy thoroughfare. 284 F.3d 1188, 1198 (11th Cir.2002). Although the plaintiffs actions in Lee gave the defendant probable cause to make an arrest, the court of appeals found it “difficult to imagine a less significant crime,” thus mitigating against the reasonableness of the defendant’s later use of force. Id. This case does not even reach the level of Lee, because nothing in the amended complaint suggests that Galloway committed a crime before Babinski and Duhaime approached him.
Second, nothing in the amended complaint suggests that Galloway posed a threat to the officers. According to Galloway’s pleading, Babinski and Duhaime asked for his identification and, when he could not produce it, they began beating him and eventually used their tasers on him. Galloway contends that they did this “without provocation, justification, or reason.” (Doc. # 3 at ¶ 6.) In Lee, the plaintiff likewise alleged that she posed no threat to the officers before they initiated force against her. 284 F.3d at 1198. Similarly, in Vinyard v. Wilson, the court of appeals held that the plaintiff did not pose a threat to the defendant even though “she was screaming and using foul language in the patrol car,” because this conduct “was a nuisance but not a threat.” 311 F.3d 1340, 1347-48 (11th Cir.2002). In each case, an Eleventh Circuit panel found the district court’s denial of qualified immunity proper partly because of the lack of a threat posed by the plaintiff. That is precisely the case here. Hence the second Graham/Saueier factor weighs in Galloway’s favor, too.
Third, and finally, the amended complaint specifically denies that Galloway ever resisted or attacked the officers. (See Doc. # 3 at ¶ 6.) Again Lee is instructive: there the court of appeals found that, because the plaintiff never resisted or attempted to flee, the officer’s decision to lead her to the back of his car and slam her head into the truck amounted to excessive force and a clear violation of her constitutional rights. 284 F.3d at 1198. Here, Galloway’s amended complaint suggests he never resisted or tried to flee when the officers approached him. Thus the third Graham/Saueier favors him as well.
Moreover, while an officer has the power to use a reasonable amount of force in making a lawful arrest or investigatory stop, Graham, 490 U.S. at 396, 109 S.Ct. 1865 (citing Terry v. Ohio, 392 U.S. 1, 22-27, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968)), an Alabamian has the reciprocal right to use force in resisting an unlawful arrest. See, e.g., Sanders v. State, 181 Ala. 35, 61 So. 336 (1913) (“an attempt unlawfully to arrest gives the person sought to be arrested a right to resist”). Since the officers lacked a reason to arrest Galloway under the facts alleged, he actually would have had some leeway to resist once they attacked him and began beating him. So even assuming Galloway resisted in some manner after the attack began, he had a right to do so.
Based on this analysis, the Court finds that Galloway alleged facts which, if true, would establish that Duhaime violated his Fourth Amendment rights. Furthermore, under Galloway’s version of the facts, the relevant constitutional rules are “so clear and the conduct so bad that case law is not needed to establish” the unlawfulness of Duhaime’s conduct. Vinyard, 311 F.3d at 1350. Undoubtedly a reasonable officer knows that approaching a citizen and beating him when he cannot produce identification is unlawful. Duhaime therefore had fair warning, see Hope v. Pelzer, 536 U.S. 730, 743, 122 S.Ct. 2508, 153 L.Ed.2d 666 (2002), that his alleged actions violated Galloway’s Fourth Amendment rights.
Duhaime’s motion to dismiss Count A on qualified immunity grounds is therefore due to be denied. He may still be able to prevail on his qualified immunity defense, however, if at a later stage in the proceedings he shows that Galloway initially made an aggressive move towards him. See Smith v. Mattox, 127 F.3d 1416, 1420 (11th Cir.1997). If he does, the Court will revisit the qualified immunity question on Galloway’s excessive force claim,
b. Qualified immunity on Galloway’s unlawful arrest claim (Count B)
Duhaime also invokes the qualified immunity doctrine to shield him from Galloway’s Fourth Amendment unlawful arrest claim. In Count B, the amended complaint alleges that Duhaime and Babinski lacked probable cause to arrest Galloway. (Doc. # 3 at ¶ 13.) Galloway claims that Babinski and Duhaime drove up to where he was standing, asked him and Brown for identification, and, when he could not produce it, “grabbed [him] by the neck and shoulder, wrestled him to the ground, and proceeded to beat him mercilessly.” (Doc. # 3 at ¶ 5.)
Duhaime relies again on the initial affidavit filed by Galloway to support his qualified immunity claim. He contends that when Galloway pulled away from him he had probable cause to arrest Galloway for disorderly conduct, see Ala.Code § 13A-10-2 (1975), or obstructing governmental operations, see id. § 13A-ll-7(a)(l). As a general rule, qualified immunity does in fact apply when the officer had probable cause to arrest a suspect for any offense. Brown v. City of Huntsville, 608 F.3d 724, 735 (11th Cir.2010). But as discussed above, Galloway’s amended complaint supplanted his original one and the affidavits attached to it. So the Court has used the facts as alleged in the amended complaint. And taking those facts as true, the pleadings offer no hint as to any offense Duhaime reasonably could have believed that Galloway committed. To the contrary, Duhaime’s entire argument rests on his assertion that Galloway pulled away from him, which, in turn, provided him with probable cause to make an arrest.
Because the Court will not credit Duhaime’s version of the facts at this point in time, the qualified immunity issue turns on a single question: does the amended complaint suggest Duhaime had arguable probable cause to arrest Galloway? It goes without saying that an arrest without probable cause violates the Fourth Amendment. See Kingsland v. City of Miami, 382 F.3d 1220, 1232 (11th Cir.2004); Marx v. Gumbinner, 905 F.2d 1503, 1505 (11th Cir.1990). Yet an officer can still avail himself of the qualified immunity doctrine if he had arguable probable cause for the arrest. Kingsland, 382 F.3d at 1232 (citing Jones v. Cannon, 174 F.3d 1271, 1283 (11th Cir.1999)). This requires asking “whether ‘reasonable officers in the same circumstances and possessing the same knowledge as the [defendants could have believed that probable cause existed ... ’ ” Id. (quoting Von Stein v. Brescher, 904 F.2d 572, 579 (11th Cir.1990)). For example, an officer that lacks probable cause as a result of a reasonable mistake can use the qualified immunity doctrine to inoculate himself against suit. See, e.g., Hunter v. Bryant, 502 U.S. 224, 227, 112 S.Ct. 534, 116 L.Ed.2d 589 (1991); Post v. City of Fort Lauderdale, 7 F.3d 1552 (11th Cir.1993).
The facts alleged in the amended complaint do not suggest that Duhaime had probable cause to arrest Galloway. Nor do they show that he had arguable probable cause — for instance, from a reasonable mistake — that would allow him to claim qualified immunity despite violating Galloway’s constitutional rights. Accordingly, Duhaime’s motion to dismiss is due to be denied at this point. Even so, there are always two sides to a story, and should it become apparent that Duhaime had arguable probable cause, the Court will revisit the qualified immunity question at a later date.
c.Galloway’s false report or complaint claim (Count C)
Galloway’s amended complaint asserts that “all of the defendants” are liable “for filing a false report or complaint.” (Doc. # 3 at ¶ 15.) Yet the facts alleged in this count refer only to Babinski drafting and submitting “three [c]omplaints and also three arrest reports that contained false statements alleging that Mr. Galloway committed criminal activity.” (Id.) Because these allegations make no mention of Duhaime, let alone claim that he participated in preparing the complaints or arrest reports at issue, Galloway has failed to provide “enough facts to state a claim to relief that is plausible on its face” as to Duhaime. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). The claim against him in Count C is therefore due to be dismissed.
d.Galloway’s negligent hiring and negligent supervision claim (Count D)
Although it is difficult to tell from the amended complaint, Count D does not appear to try to state a claim against Duhaime. Rather, it focuses on the acts and omissions of Henry County and the City of Abbeville. In the event that Galloway did in fact mean to have this count apply to Duhaime, it is dismissed for failure to state a claim, because nothing in the amended complaint suggests he has a supervisory role.
e.Galloway’s false imprisonment claim (Count E)
In Count E, Galloway alleges that, because Duhaime and Babinski lacked probable cause to arrest him, the two imprisoned him for crimes he did not commit “in violation of the Fourth Amendment.” (Doc. # 3 at ¶ 19.) As the defendants point out, however, a plaintiff has to bring a false imprisonment claim under the Due Process Clause of the Fourteenth Amendment. See Campbell v. Johnson, 586 F.3d 835, 840 (11th Cir.2009). Moreover, a due process claim under these circumstances requires showing common law false imprisonment combined with the defendant’s deliberate indifference to the plaintiffs “right to be free from continued detention after it was or should have been known that the detainee was entitled to release.” Cannon v. Macon Cnty., 1 F.3d 1558, 1562-63 (11th Cir.1993), modified on other grounds, 15 F.3d 1022 (1994); see also West v. Tillman, 496 F.3d 1321, 1327 (11th Cir.2007).
Typically this involves a scenario where the defendant holds the plaintiff for a substantial period of time “after it was or should have been known that the detainee was entitled to release.” Campbell, 586 F.3d at 840. For example, the Fifth Circuit held that a defendant’s detention sufficed when it lasted for “thirty days beyond the expiration of his sentence in the absence of a facially valid court order or warrant.” Douthit v. Jones, 619 F.2d 527, 532 (5th Cir.1980); see also Ortega v. Christian, 85 F.3d 1521, 1523-24 (11th Cir.1996) (holding that detaining plaintiff for five months without probable cause states due process claim). In Campbell v. John son, the Eleventh Circuit held that a plaintiff stated a claim where the sheriff detained him and instructed his deputies not to release the plaintiff even though a court had approved his bail request. 586 F.3d at 840-42.
Here, Galloway alleges the defendants detained him for a “brief’ period of time (see Doc. # 3 at ¶ 8) and admits that the defendants released him after he posted bond (id.). These allegations fall short of stating a claim under the Fourteenth Amendment’s Due Process Clause. The brief period of time takes Galloway’s case outside the reach of Douthit (30-day detention) and Ortega (5-month detention), and his release after posting bond removes it from the ambit of Campbell (refusing to release bonded prisoner). At any rate, such a brief detention is more properly addressed under the Fourth Amendment, see Albright v. Oliver, 510 U.S. 266, 274, 114 S.Ct. 807, 127 L.Ed.2d 114 (1994) (“The Framers considered the matter of pretrial deprivations of liberty and drafted the Fourth Amendment to address it.”), thus making Galloway’s false imprisonment claim duplicative of his unlawful arrest claim. Accordingly, Count E is due to be dismissed.
f. State law immunity on Galloway’s state law battery claim (Count F)
Galloway alleges Duhaime committed the tort of battery against him under state law. (Doc. # 3 at ¶ 21.) Duhaime responds by citing the Alabama Constitution, claiming that it provides for immunity from state law causes of action. See Ala. Const, art. I, § 14 (“That the State of Alabama shall never be made a defendant in any court of law or equity.”). In response, Galloway concedes that his state law battery claim is due to be dismissed.
B. Galloway’s claims against the City of Abbeville
1. Claims due to be dismissed as a threshold matter
Counts E and F are due to be dismissed for the reasons discussed more fully above. In short, Count E duplicates Galloway’s unlawful arrest claim and the defendants are immune to the claims asserted in Count F.
2. Municipal liability
“The Supreme Court has placed strict limitations on municipal liability under § 1983.” Gold v. City of Miami, 151 F.3d 1346, 1350 (11th Cir.1998). Unlike corporations or other employers, municipalities do not usually answer for the acts of their agents in tort. See, e.g., Monell v. Dep’t of Social Servs., 436 U.S. 658, 691, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). But this rule has an exception: a municipality may incur liability for the actions of a police officer when it promulgates an “official policy” that causes a constitutional violation. See id. at 694-94, 98 S.Ct. 2018; Gold, 151 F.3d at 1350. To press a claim under § 1983 against a municipality, “a plaintiff must show: (1) that his constitutional rights were violated; (2) that the municipality had a custom or policy that constituted deliberate indifference to that constitutional right; and (3) that the policy or custom caused the violation.” McDowell v. Brown, 392 F.3d 1283, 1289 (11th Cir.2004). This requires a plaintiffs complaint against a municipality to “contain either direct or inferential allegations respecting all the material elements necessary to sustain a recovery under some viable legal theory.” Randall v. Scott, 610 F.3d 701, 707 n. 2 (11th Cir.2010) (citation and internal punctuation omitted).
Galloway’s amended complaint fails to point to a specific policy constituting deliberate indifference to Fourth Amendment rights, and so he cannot show that such a policy caused his harm. Moreover, his response brief only makes vague references to a “de facto policy or custom sanctioned by the City of Abbeville.” (Doc. # 24 at ¶ 3, 4.) This simply does not suffice. Courts in this district have time and again called for something more than a bare-bones, passing reference to a policy or custom to state a claim against a municipality. See, e.g., Johnson v. Andalusia Police Dep’t, 633 F.Supp.2d 1289, 1301-02 (M.D.Ala.2009); Manning v. Mason, No. 10-cv-925, 2011 WL 1832539, at *4 (M.D.Ala. May 13, 2011) (dismissing claim where plaintiffs failed to identify a specific policy or custom). Galloway’s municipal liability claims, because they offer nothing more than what this Court has deemed insufficient in the past, are due to be dismissed. This disposes of Counts A, B, and C against the City of Abbeville.
3. Galloway’s negligent hiring, retention, and failure to supervise claim
In Count D, Galloway claims that the City of Abbeville, along with Henry County and Sheriff Maddox, should face liability for negligent hiring, retention, and failure to supervise. (Doc. # 3 at ¶¶ 16-17.) To this end, Galloway alleges that “Babinski and Duhaime had prior incidents and complaints of brutality and excessive force.” {Id. at ¶ 17.) The City of Abbe-ville does not believe these allegations suffice to state a claim, arguing mainly that the amended complaint lacks any examples of prior behavior by the defendants that would have suggested either man would unlawfully arrest citizens and use excessive force against them.
In Board of County Commissioners of Bryan County v. Brown, 520 U.S. 397, 117 S.Ct. 1382, 137 L.Ed.2d 626 (1997), the Supreme Court described the standard for a deliberate indifference claim based on a municipality’s failure to investigate an employee’s background. The Court held that a “plaintiff must demonstrate that a municipal decision reflects deliberate indifference to the risk that a violation of a particular constitutional or statutory right will follow the decision.” Id. at 411, 117 S.Ct. 1382. In so doing, it explained that it sought to immunize municipalities against vicarious liability claims. Id. at 410, 117 S.Ct. 1382. Hence Brown requires federal district courts to test the causal link between the hiring decision and the injury alleged, and municipal liability attaches only where looking into the applicant’s background would lead a reasonable policymaker to determine the “plainly obvious consequence of the decision to hire the applicant would be a deprivation of a third party’s federally protected right.” Id. at 411, 117 S.Ct. 1382.
The Eleventh Circuit too has weighed in on the issue. In Griffin v. City of Opa-Locka, 261 F.3d 1295 (11th Cir.2001), the circuit court of appeals held that the plaintiff produced sufficient evidence to find deliberate indifference based on inadequate screening. The testimony in that case showed the city hired its city manager without a background check and despite knowing he had problems with female employees in the past. Id. at 1314. The court held that this evidence sufficed to support a finding that the city ignored an obvious risk of the newly-hired city manager sexually harassing female employees. Id.
The district courts addressing deliberate indifference claims based on inadequately investigating an employee's background have taken Brown to heart. As a result, they have required the plaintiff to plead something more than a generic assertion of supervisory liability. For example, in Cooper v. City of Starke, the plaintiffs complaint failed to state a claim based on the municipality’s hiring decision when it did “not set forth any factual allegations as to the backgrounds of [the officers].” No. 10-cv-280, 2011 WL 1100142, at *8 n. 11 (M.D.Fla. May 23, 2011). In Hill v. Robeson County, a complaint failed to state a § 1983 claim based on a municipality’s hiring practices even though the employee hired by the municipality had a manslaughter conviction for killing his wife. 733 F.Supp.2d 676, 684-86 (E.D.N.C.2010). The Hill court rested its decision on the plaintiffs failure to allege a strong causal connection between the employee’s 1981 manslaughter conviction and his alleged constitutional violations in 2007. Id. at 686.
Galloway, like the plaintiffs in Cooper and Hill, has failed to allege facts demonstrating a strong causal connection between the municipality’s hiring of Duhaime and Babinski and the alleged constitutional violations the officers committed. In fact, the amended complaint is devoid of any examples of either Babinski or Duhaime committing constitutional violations in the past. And given the lack of factual content, Galloway has provided no basis upon which to gauge the causal connection between his injuries and the municipalities’ actions. In addition, he concedes that the City of Abbeville did not supervise the task force, which wholly undermines his supervision claim against it. Therefore, his claims against the city for negligent hiring, training, and supervision are due to be dismissed.
C. Galloway’s claims against Henry County, Alabama
Counts A, B, C, D, E, and F are due to be dismissed for the reasons discussed more fully above. To summarize, Galloway’s failure to allege a specific policy or custom causing his constitutional injuries doom the claims found in Counts A, B, and C against Henry County. The lack of any allegations related to past misconduct by Babinski and Duhaime call for dismissal of Count D too. As for the final two allegations, Count E duplicates- Galloway’s unlawful arrest claim and the defendants are immune to the claims in Count F. Accordingly, all of the claims against Henry County, Alabama, are due to be dismissed.
D. Galloway’s claims against Sheriff Maddox
As with the City of Abbeville and Henry County, all of the claims against Sheriff Maddox are due to be dismissed.
VI. Conclusion
Having considered the parties’ pleadings and briefs related to the various motions to dismiss now before the Court, it is hereby ORDERED as follows:
1. The Motion to Dismiss filed by John Duhaime (Doc. # 12) is GRANTED IN PART and DENIED IN PART. It is GRANTED to the extent that it asserts an official capacity claim against him and on Counts C, D, E, and F. It is DENIED as to Counts A and B.
2. The Motion to Dismiss filed by the City of Abbeville (Doc. # 12) is GRANTED.
3. The Motion to Dismiss filed by Henry County, Alabama (Doc. # 16), is GRANTED.
4. The Motion to Dismiss filed by William Maddox (Doc. # 18) is GRANTED.
. Historically the Supreme Court required lower courts to decide the constitutional issue before inquiring into whether the claimed right was clearly established. See, e.g., Scott v. Harris, 550 U.S. 372, 127 S.Ct. 1769, 1774, 167 L.Ed.2d 686 (2007); Saucier v. Katz, 533 U.S. 194, 201, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001). This rule, the Court reasoned, would "promote[] clarity in the legal standards for official conduct.” Wilson v. Layne, 526 U.S. 603, 604, 119 S.Ct. 1692, 143 L.Ed.2d 818 (1999). Since then the Court has backtracked, and lower courts can now address the constitutional and qualified immunity questions in either order. Pearson v. Callahan, 555 U.S. 223, 236, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009).
. The Court must note, however, that Oppenheimer was decided in 1943. In a sign of the times, the district court relied partly on how allowing incorporation by reference would be "quite inconvenient to the court to have to send to the Clerk’s office for a file in order to learn the contents of exhibits attached to the discarded pleading.” 3 F.R.D. at 226. In the electronic filing era, this concern no longer carries much weight since the court and the parties can easily pull up the incorporated documents electronically and without having to dig through the physical files. The Court nevertheless finds Oppenheimer persuasive for other reasons.
. Notably, Galloway’s response fails to address the amended complaint’s omission of Duhaime in this count. Nor does it provide any argument about why the Court should impute Babinski's alleged acts to Duhaime. This is a tacit admission by Galloway (or, more accurately, his counsel) that he has failed to state a claim against Duhaime for filing a false report.
| CASELAW |
Hilary Douglas Clark Pepler
Harry Douglas Clark Pepler (1878–1951) was an English printer, writer and poet. He was an associate of both Eric Gill and G. K. Chesterton, working on publications in which they had an interest. He was also a founder with Gill and Desmond Chute in 1920 of a Catholic community of craftsmen at Ditchling, Sussex, called The Guild of St Joseph and St Dominic.
Life
His background was Quaker. He was born at Eastbourne and educated at Bootham School. In the early 1900s, Pepler moved to Hammersmith, London with his wife Clare Whiteman. Pepler became deeply involved in the aesthetic of the Arts and Crafts Movement and the politics of Fabianism. He became friends with Edward Johnston and, during World War I, met Eric Gill through the Hampshire House Workshops. At that time, Pepler was a social worker for the London County Council, and organised the first London school meals service. Pepler and Gill were together mostly responsible for the Ditchling house magazine, The Game.
In 1915, Pepler moved to Ditchling, where Gill had set up a commune of religious artists and artisans. There, he founded St. Dominic's Press, with the intention of printing books “about crafts which machinery threatened with extinction.” It published, amongst other books, important editions for the Ulysses Bookshop in High Holborn, London, owned by Jacob Schwartz, to 1937. These included works of James Joyce (in fact pirate editions), but also George Bernard Shaw, John Drinkwater, Augustus John, Chesterton and John Collier.
He became a Catholic convert in 1916; and joined the Dominicans as a lay member in 1918. At that time, he changed his name to Hilary. Financial quarrels between Pepler and Gill may have led to Gill leaving the Ditchling group in 1924. Pepler was forced to leave the Guild in 1934.
After Chesterton's death in 1936, Pepler assisted Reginald Jebb, son-in-law of Hilaire Belloc, in running The Weekly Review, the successor distributist publication to G. K.'s Weekly. Stephen Dorril's Blackshirt: Sir Oswald Mosley and British Fascism (2006) mentions Pepler in passing, as a member of the British People's Party in 1945.
Family
He married Clare Whiteman in 1904; they had three sons and three daughters. His son David Pepler married Betty Gill, daughter of Eric Gill. Pepler's son, Fr. Conrad Pepler, O.P., ran the Dominican conference centre at Spode House, Staffordshire, for many years, and founded Spode Music Week.
Works
* The Care Committee. The Child & the Parent (1914)
* The Devil's Devices or, Control versus Service, with woodcuts by Eric Gill (1915)
* Three Poems (St. Dominic's Press, 1918)
* Nisi Dominus (1919)
* Concerning Dragons (St. Dominic's Press, 1921)
* The Law the Lawyers Know About (Saint Dominic's Press, 1923)
* The Service for the Burial of the Dead according to the use of the Orthodox Greek Church in London. The Greek Text with a rendering in English (1922)
* In Petra. Being a Sequel to "Nisi Dominus" (Saint Dominic's Press, 1923)
* Libellus lapidum (1924) with David Jones
* Judas or the betrayal: a play in one act (St. Dominic's Press 1926)
* Pilate - A Passion Play (St Dominic's Press, 1928)
* Plays For Puppets (St. Dominic's Press, 1929)
* A Nativity Play: The Three Wise Men (1929)
* Le Boeuf et L'Ane et deux autres pieces pour marionettes (St. Dominic's Press 1930)
* St. George and the Dragon: A One Act Play (1932)
* Mimes Sacred & Profane (St. Dominic's Press, 1932)
* The Hand Press: An Essay Written and Printed by Hand for the Society of Typographic Arts, Chicago (1934)
* The Field Is Won (1935) play
* The Four Minstrels of Bremen and "The Two Robbers", being more Plays for Puppets (St. Dominic's Press)
* A Letter About Eric Gill (1950) | WIKI |
Add two numbers represented by a linked list, Numbers are Stored in FORWARD order
This post is the extension of – Two numbers represented by a linked list, Number Stored in REVERSE order
Objective: Two numbers represented by a linked listwhere each node contains single digit. The digits are stored in Forward order, means head is pointing to the last digit of the number.
Input: Two numbers represented by Linked Lists
Output: Addition of two numbers represented by a Linked List.
Example:
First Number : 1007
Second Number : 93
Addition : 1100
Two numbers represented by a linked list, Number Stored in FORWARD order
Two numbers represented by a linked list, Number Stored in FORWARD order
Approach:
• Get the length of both the lists.
• If lengths are not equal, make them equal by adding nodes with value 0 in front of shorter linked list.
• Append 0 in front Shorter List
Append 0 in front Shorter List
• Create a global variable carry=0.
• Create a newHead = null;
• newHead will be the starting node of our result linked list and curr node will the reference to the current node on which we are working in our result linked list.
• Now using recursion travel in both the list till the end.
• So now nodes are stores in a stack
• Now while coming back, each node will pop out from the stack in reverse order
• Take node data from both the lists add them along with carry.
• if sum is >=10 , then make carry as 1 and create a new node with sum-10
• Else just create a new Node with sum.
• Add the newly created node to the result linked list with the help of newHead.
Complete Code:
public class AddLinkedListForwardOrder {
public int carry=0;
public Node newHead = null;
public Node add(Node h1, Node h2){
//first we will make sure that both the Linked list has same no of nodes
// to ensure that we will append 0 in front of shorter list
int h1Len = getLength(h1);
int h2Len = getLength(h2);
if(h1Len>h2Len){
int diff = h1Lenh2Len;
while(diff>0){
Node n = new Node(0);
n.next = h2;
h2=n;
diff;
}
}
if(h1Len<h2Len){
int diff = h2Lenh1Len;
while(diff>0){
Node n = new Node(0);
n.next = h1;
h1=n;
diff;
}
}
Node newHead = addBackRecursion(h1, h2);
//check for the carry forward, if not 0 then we need to create another node for the end
//example adding 1->1 and 9->9 then recursive function will return 0->0 and carry =1
if(carry!=0){
Node n = new Node(carry);
n.next = newHead;
newHead = n;
}
return newHead;
}
public Node addBackRecursion(Node h1, Node h2){
if(h1==null && h2==null){
return null;
}
addBackRecursion(h1.next, h2.next);
int a = h1.data + h2.data + carry;
carry=0;
//System.out.println(a);
if(a>=10){
carry =1;
a = a%10;
}
Node n = new Node(a);
if(newHead==null){
newHead =n;
}else{
n.next = newHead;
newHead = n;
}
//carry=0;
return newHead;
}
public int getLength(Node head){
int len=0;
while(head!=null){
len++;
head = head.next;
}
return len;
}
public void display(Node head){
Node currNode = head;
while(currNode!=null){
System.out.print("->" + currNode.data);
currNode=currNode.next;
}
}
public static void main(String args[]){
AddLinkedListForwardOrder l = new AddLinkedListForwardOrder();
Node h1 = new Node(1);
h1.next= new Node(1);
h1.next.next = new Node(1);
h1.next.next.next = new Node(7);
System.out.print("First Number : ");
l.display(h1);
Node h2 = new Node(9);
h2.next= new Node(9);
h2.next.next = new Node(9);
h2.next.next.next = new Node(9);
System.out.print("\n Second Number : ");
l.display(h2);
Node x = l.add(h1, h2);
System.out.print("\n Addition : ");
l.display(x);
}
}
class Node{
public int data;
public Node next;
public Node(int data){
this.data = data;
this.next = null;
}
}
Output:
First Number : ->1->0->0->7
Second Number : ->9->3
Addition : ->1->1->0->0
4 thoughts on “Add two numbers represented by a linked list, Numbers are Stored in FORWARD order”
1. Above solution gives wrong output for the inputs like below :
First Number : ->1->1->1->7
Second Number : ->9->9->9->9
Addition : ->1->1->1->6
There is no extra last carry bit added according to the existing code. Please modify the logic accordinglty
Reply
2. hey i think this can be done in a relatively easier manner using iterative method. we could maintain 2 queues and store elements of these linked lists in the queues. we could then pop these elements out and keep adding them to 2 different strings . after that we could convert these strings into integer and output the number in the form of a linked list. takes up extra space tho!
Reply
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AOC apologizes for blocking Twitter critic, settles lawsuit
Rep. Alexandria Ocasio-Cortez (D-N.Y.) apologized for blocking the Twitter account of a former Brooklyn assemblyman as she agreed to settle a First Amendment lawsuit, the New York Times reports. Why it matters: Per the New York Daily News, Ocasio-Cortez was scheduled to testify in Brooklyn federal court Tuesday in the case, brought by Dov Hikind in July — days after a federal appeals court made a landmark ruling that President Trump violated the Constitution in blocking critics on Twitter. The ruling set a precedent that any elected official — from a local mayor to the president — who blocks a constituent on Twitter could be found guilty of violating that constituent's First Amendment rights, Axios' Sara Fischer notes. What he's saying: Hikind said on Twitter the outcome was a "great victory not only for me, but for citizens and free speech everywhere!" The big picture: Ocasio-Cortez tweeted in August that she had blocked fewer than 20 Twitter accounts "for ongoing harassment." YouTuber and NY-11 Republican Congressional candidate Joey Saladino tweeted in July that he had also filed a suit against the freshman lawmaker after she blocked him. He tweeted on Monday, "Hopefully this means she must unblock me as well. Unfortunately for me, I had several lawyers who had to drop out of my lawsuit due to the extreme controversial nature." Go deeper: Trump's unexpected 1st Amendment legacy | NEWS-MULTISOURCE |
Alcohol And Kidney Stones Evaluation From My Hometown of Newburgh
Crystal Meth Addiction Recovery Support Centers in Atlanta
Our kidneys are one of the most critical organs in our bodies. Sometime about 4 a.m., I learned that my appendix was fine the bring about of my suffering was a pair of kidney stones lodged in my ureter. Potassium citrate, which restores citrate to the urine, is useful for individuals with high levels of uric acid in the urine. Prevention of kidney stones may incorporate a mixture of lifestyle changes and medicines. Renal colic (a pain in the flank commonly linked with a kidney stone) is also additional common. Although no direct causality has been located among drinking alcohol and the formation of kidney stones, alcohol can contribute to improved risk for the formation of stones through a range of avenues.
Top 80 Quotes On Drug Rehab Branson Mo
Uric acid stones. Percutaneous nephrolithotomy (PCNL) can be employed for large stones in the upper urinary tract, when SWL or ureteroscopy fails, for kidney transplant individuals, or when the kidneys or surrounding regions are malformed. Chronic pain is probably a single of the most common ailments there is. And while various illnesses and conditions might advantage from particular pain-relieving strategies, I believe the following guidelines are foundational basics for the therapy of most if not all painful circumstances.
Sufferers who take calcium containing antacids and calcium supplements also increase their urinary calcium. Extra than 80% of individuals with kidney stones are males. There is no direct evidence that alcohol use causes the formation of kidney stones. Doctors prescribe it for short-term treatment associated with GERD and to treat ailments that bring about the body to produce excess stomach acid, recognized as pathological hypersecretory circumstances, like Zollinger-Ellison syndrome. Your therapy will depend on when your kidney disease was discovered and how severe it is. Other health circumstances you have will also aspect in.
Verify drugs and their dosages: People today with a history of kidney illness might will need to steer clear of some medications, such as specific HIV drugs. Kidney stones can also trigger infections. Drugs are used to lessen the blood stress diuretics (drugs that improve urine output) are utilised in some circumstances to raise blood flow unless oliguria is present. High acid diets, such as the Atkins diet plan, enhance the threat of uric acid stones. Since PPIs lessen the amount of gastric acid in the stomach, they are normally prescribed to ulcer patients as effectively as to men and women suffering from a quantity of acid-related wellness circumstances.
There (are stones) connected with infection, there’s stones associated with acid urine referred to as uric acid stones. Underlying medical circumstances can be connected with stone formation which includes renal tubular acidosis, medullary sponge kidney, inflammatory bowel disease , cystic fibrosis, and hyperparathyroidism (a hormonal condition causing higher levels of calcium in the bloodstream). Physicians will want to monitor youngsters who have had kidney stones to avoid new ones from forming. For some people today, struvite stones (the variety that are horn-shaped,” bigger than calcium stones and ordinarily additional risky) type due to chronic urinary tract infections , which is far more frequent in women than in guys.
In cases where the stones are too big to pass, the discomfort is excessive, or there is evidence of kidney harm or infection, additional therapy to eliminate the stones may perhaps be needed. Stones that do not pass by themselves will need therapy. The wash starts with saline (salt remedy) for 1 – two days and, if there are no problems, the organic acid resolution follows for another 1 or 2 days, till all stones dissolve. Alcohol abuse more than a lengthy period of time can harm the kidneys and place them at threat for kidney illness.
Struvite stones pretty much always are due to an infection of the kidneys or urinary tract. Sufferers with stones should really stay clear of cola drinks that include phosphoric acid, due to the fact they can severely lessen citrate levels in the urine. Uric acid, cystine, and calcium oxalate stones have a tendency to type in acidic urine, whereas struvite (magnesium ammonium phosphate) and calcium phosphate stones form in alkaline urine. Treatment might not be needed if the kidney stones are tiny, given that they generally pass out by means of your urine on their personal.
Blood tests like calcium, phosphorus and uric acid estimation and urine tests may possibly be necessary to locate out if there is an underlying result in. They should really also verify with a physician ahead of using calcium supplements as these have been linked with an elevated threat of kidney stones. That implies then the kidneys are far more most likely to be broken from the toxicity of that drug. Percutaneous nephrolithotomy (PCNL) may perhaps also be employed to treat kidney stones. In each groups, researchers related use of the drugs with an improved risk of chronic kidney disease more than 10 years.
A current trial showed that percutaneous nephrolithotomy (PNL) may well be an effective selection for individuals with moderate-size stones ten – 20 mm in size. Drugs may be given to relax the muscles in the ureter, assisting the kidney stone to pass additional immediately and with much less discomfort. And, even though they can happen at any age, kidney stones are more likely to occur in people more than 30 years of age. The parathyroid glands, which lie behind the thyroid, manufacture the parathyroid hormone, which plays a role in regulating your body’s levels of the minerals calcium and phosphorus. | ESSENTIALAI-STEM |
Understanding Evolution: your one-stop source for information on evolution
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Genes from our extinct relatives live on in modern humans
February, 2017
Inuits sitting on top of furs on a snowy landscape
Photo credit: Wikimedia
While all humans are remarkably similar at a genetic level — on average any two individuals' genomes are 99.9% identical — those differences that do exist manifest themselves in the dazzling spectrum of human diversity. From a lithe tribesperson of the Kalahari, to a freckled redhead from Ireland, to a sleek-haired, ruddy-cheeked inhabitant of the Tibetan plateau, Homo sapiens come in many different shapes, sizes, hues, and appearances. While we tend to notice differences that are easy to spot, other "stealth" variations in human populations are not necessarily observable from physical appearance alone. For example, many people of African descent are resistant to infection from malaria, while that trait is much rarer among those who hail from other parts of the world. Now new research into Arctic-dwelling Inuit populations points to a surprising origin for one such "stealth" trait — the ability to tolerate frigid temperatures.
Where's the evolution?
Just as other organisms have evolved adaptations that aid survival and reproduction in their unique environments — finches evolving beaks shaped to eat the seeds that are plentiful, moths evolving wings that blend in with the bark of the trees where they sit — so too have different human populations experienced natural selection shaping them in response to their environments. Random mutations occur, some of these mutations affect the traits of the organism that carries it, and sometimes the organism lives in an environment where that altered trait aids survival and reproduction. When that happens, the frequency of the mutation increases, generation by generation, as the descendants of the original carriers multiply in the population. That is the essence of evolution by natural selection. And that is how, for example, malaria-resistant African populations came about: a random mutation that happened to confer resistance to its carrier occurred, and when that mutation wound up in an individual living where malaria was common, that person left more offspring (who were also likely to carry the mutation) than did others. Additional traits adapting humans to different local environmental conditions are shown in the figure below.
diagram showing a global distribution of adaptive traits
Figure titled Global distribution of locally adaptive traits. Adapted from Strength in small numbers by Sarah Tishkoff, illustrated by A. Cuadra/Science and Megan Rubel/Univ. of Pennsylvania 2015, Science, Vol. 349, Issue 6254, pp. 1282-1283 DOI: 10.1126/science.aad0584
One might expect the same to have happened among the Inuit with genes that affect cold tolerance. These indigenous people live in places where winter means an average daily temperature of around -20° F and only a few hours of light each day. Any trait that might help someone eke a living out of such a harsh environment would surely have been favored by natural selection. Indeed, researchers recently scanned the Inuit genome looking for areas that seem to have been acted on by natural selection and honed in on a few regions. One area contains genes that affect how the body processes fatty acids, which makes sense given that the seafood upon which the Inuit depend is unusually high in polyunsaturated fatty acids. Another contains genes related to body fat distribution and the storage of fat in a form that helps generate heat, a trait that could make all the difference in the frigid Arctic winter.
While the Inuit's fatty-acid processing gene variants seem to have evolved via the accumulation and selection of random mutations in human ancestors, the fat distribution gene variants have a different source. The region of the genome that contains these genes is remarkably similar in sequence to the DNA of an ancient human relative that lived alongside Neanderthals — the Denisovans.
Denisovans are known only from a one finger bone and a couple of teeth found in a Siberian cave, but the DNA preserved in these 40,000 year old relics has revealed surprising insights about early human relatives. While we don't know what Denisovans looked like, we do know a fair amount about their sex lives. Denisovans interbred with Neanderthals, with another human relative whose physical remains have yet to be discovered, but whose DNA traces were found in the Denisovan genome, and with our human ancestors.
It is likely that the cold-tolerant genes shaping body fat distribution and the storage of heat-generating fat evolved through natural selection in Denisovans or a close relative of Denisovans (possibly because the chilly environments these lineages inhabited) and then wound up in ancestral humans through breeding. Denisovan evolution may have assembled the genes piecemeal, but it seems that ancient humans acquired them wholesale in an already adapted form. And as humans spread out across the planet they took these handy gene variants with them. In populations that settled in cold regions (like the ancestral Inuits), the gene variants were favored by natural selection and rose to high frequency. In populations inhabiting warmer climes, the gene variants remained rare.
With improvements in DNA technology and better techniques for recovering ancient DNA, we are discovering more genes in modern humans that came to us from our extinct relatives. The percent of human DNA that comes from ancient interbreeding events varies population by population: some modern human genomes contain up to 5% Denisovan DNA. And the gene versions contained in these bits of borrowed DNA do a variety of things. Some seem to be deleterious for us and were selected against, but others (like the Inuit fat-related genes) seem to have been helpful and allowed humans to thrive in the diverse environments we occupy today.
Read more about it
Primary literature:
• Racimo, F., Gokhman, D., Fumagalli, M., Ko, A., Hansen, T., Moltke, I., ... Nielsen, R. (2016). Archair adaptive introgression in TBX15/WARS2. Molecular Biology and Evolution. DOI 10.1093 read it
• Sankararaman, S., Mallick, S., Patterson, N., and Reich, D. (2016). The combined landscape of Denisovan and Neanderthal ancestry in present-day humans. Current Biology. 26: 1241-1247. read it
News articles:
Understanding Evolution resources:
Discussion and extension questions
1. Review some background information on natural selection. Explain how a cold tolerance gene variant would spread through an early human population living in the Arctic. Make sure to include the concepts of variation, selection, and inheritance in your explanation.
2. In your own words, describe the difference between a gene variant that arises by mutation and one that arises by interbreeding.
3. What effect does each process (mutation vs interbreeding) have on the level of genetic variation in the population? Are both processes essentially random in terms of which genetic variants are introduced to the population? Explain your answers.
4. Review the biological species concept. Explain whether humans, Neanderthals, and Denisovans should be considered the same or different species according to this definition and why.
5. Advanced: Review several other species concepts. For each concept, explain whether humans, Neanderthals, and Denisovans should be considered the same or different species and why.
6. Advanced: Research another human trait shown on the map in the article above, and write a short paragraph explaining what the trait is, what population it is present in, what its genetic basis is, and what environmental factors seem to have favored that trait.
Related lessons and teaching resources
• Teach about the spread of mutations in human populations: In this case study from DNA to Darwin, college students investigate the origin and action of mutations that are thought to have arisen in human populations in response to selection pressure from malaria.
• Teach about physiological adaptations in humans: In Adaptation to Altitude, a set of sequenced lessons from the Smithsonian, high school and college students learn how to devise an experiment to test the difference between acclimation and adaptation; investigate how scientific arguments show support for natural selection in Tibetans; design an investigation using a simulation based on the Hardy-Weinberg principle to explore mechanisms of evolution; and devise a test for whether other groups of people have adapted to living at high altitudes.
• Teach about our relatedness to Neanderthals: In this online activity for grades 9-12, students compare the number of mutations in the mitochondrial genomes of Neanderthals and humans to determine ancestry and relatedness.
References
• The 1000 Genomes Project Consortium. (2015). A global reference for human genetic variation. Nature. 526: 68-74.
• Fumagalli, M., Moltke, I., Grarup, N., Racimo, F., Bjerregaard, P., Jørgensen, M., ... Nielsen, R. (2015). Greenlandic Inuit show genetic signatures of diet and climate adaptation. Science. 349: 1343-1347.
• Pennisi, E. (2013). More genomes from Denisova Cave show mixing of early human groups. Science. 340: 799.
• Racimo, F., Gokhman, D., Fumagalli, M., Ko, A., Hansen, T., Moltke, I., ... Nielsen, R. (2016). Archair adaptive introgression in TBX15/WARS2. Molecular Biology and Evolution. DOI 10.1093
• Sankararaman, S., Mallick, S., Patterson, N., and Reich, D. (2016). The combined landscape of Denisovan and Neanderthal ancestry in present-day humans. Current Biology. 26: 1241-1247.
• Tishkoff, S. (2015). Strength in small numbers. Science. 349: 1282-1283. | ESSENTIALAI-STEM |
Austin Nichols
Austin Nichols (born April 24, 1980) is an American actor and director, known for his role as Julian Baker in The CW drama series One Tree Hill. He is also known for his roles in the films The Day After Tomorrow and Wimbledon. He starred as John Monad in the HBO drama series John from Cincinnati, and portrayed Spencer Monroe in the AMC horror drama series The Walking Dead.
Early life
Nichols was born in Ann Arbor, Michigan, and moved to Austin, Texas before his first birthday. He was named after the Austin Nichols distilling company, producers of Wild Turkey bourbon. His father, David Nichols, is a radiologist, and his mother, Kay (née Vermeulen), was a professional trick water skier. Kay was a national champion ten times and an international champion once. He has one older sister, Ashley. Nichols was raised near Lake Austin and attended Casis Elementary School. Nichols began competitive water skiing from the age of two. He represented the United States junior water ski team in the Pan-American Championships in 1997, and was also on the United States junior Olympic water skiing team. At age thirteen, he was ranked third in the world. Nichols had intended to become a professional water skier until he injured his shoulder in Florida, and was forced to give up the sport. While at McCallum High School in Austin, he played basketball but was "absolutely awful". Nichols' interest in acting was sparked when he was fifteen and began to take acting lessons. He moved to Los Angeles after high school.
Beginnings
His acting career began when he gate-crashed a party at the Sundance Film Festival and was signed by a manager. Nichols initially wished to attend the University of Texas, but moved to Los Angeles after his signing and enrolled at the University of Southern California, graduating in 2002 with a Bachelor of Arts degree in English. Although Nichols had guest appearances in Sliders, Odd Man Out, CSI: Crime Scene Investigation, Family Law, Watching Ellie, and Wolf Lake before his graduation, his big break came in 2002 when he appeared as Brenda Chenowith's lover in two episodes of Six Feet Under. He had previously appeared in two films, Durango Kids in 1999 and Holiday in the Sun in 2001.
In his first critically successful film role, Nichols starred as a stereotypical "frat boy" in The Utopian Society, a 2003 independent film directed by John P. Aguirre, which won several awards and some critical acclaim. One critic wrote that Nichols "transforms himself from a cardboard jock and frat boy caricature to a likeable vulnerable human being with surprising sensibilities." Aguirre commended Nichols as a "stellar talent" able to play his character "with total abandon to self ego."
Box office and critical success
In 2004, Nichols was cast as J.D., an intelligent rich kid and romantic rival to Jake Gyllenhaal's main character in the environmental blockbuster, The Day After Tomorrow. The film received negative reviews but was a box office success. Also in 2004, he appeared in Wimbledon, opposite Kirsten Dunst and Paul Bettany. The film was well received by critics, though it was only a mild success at the U.S. box office. Nichols' acting as Jake Hammond, an arrogant tennis pro, was described as "effectively unlikeable". For the role, Nichols had to learn tennis from scratch; he was trained to look professional by Pat Cash, who was taken aback by Nichols' skill. Cash observed, "It's absolutely as good as anybody's on the circuit. I swear to God. He hits it like a bullet. He's our star pupil." By the end of their training, Nichols and Bettany were able to have rallies and play points, although some of their more intricate exchanges were computer generated.
After this success, Nichols then had a minor role in an obscure and panned 2005 film, Thanks to Gravity. Nichols followed this with short guest spots on episodes of Pasadena and Surface, before being cast in a successful 2006 film, Glory Road. Glory Road, directed by James Gartner and starring Josh Lucas, is a film based on the true story of the 1966 NCAA Men's Division I Basketball Championship, in which Coach Don Haskins led a team with an all-black starting lineup, a first in NCAA history. Nichols played one of the few white players on the team; he trained heavily for the role and had to master basketball as it was played in the 1960s, saying "I'd never been so sore in my life." The film made $42.9 million at the box office and received mixed reviews.
The House of Usher and beyond
Nichols' next film was the 2006 thriller The House of Usher, directed by Hayley Cloake, and based on the story by Edgar Allan Poe. He played the disturbed Roderick Usher, who was described by Nichols as a "twisted, terminally ill, fucked-up guy". The House of Usher was released in September 2007. Nichols also portrayed Neal Cassady, with Will Estes as Jack Kerouac, in the short film Luz del mundo.
In April 2006, Nichols guest starred in Deadwood, an HBO Western series. Shortly afterward, Nichols signed a holding deal with HBO. In August of that year, Nichols was cast as the lead in a new series, John From Cincinnati, a surfing drama created by David Milch, who also produced Deadwood. The series began airing in June 2007, but was cancelled after one season due to poor ratings and mixed critical reviews. Nichols played John Monad, a stranger who suddenly appears in a quiet surfing town. Nichols took up surfing and practiced every day for three months for this role.
In 2007, Nichols appeared in a few episodes of the NBC drama series Friday Night Lights, before being cast as Julian Baker in The CW's teen drama One Tree Hill. He was upgraded to series regular for the seventh season. He directed two episodes of the series including the seventh episode of the ninth and last season. In 2013, Austin landed the role of Tommy Wheeler in the Showtime series Ray Donovan. Nichols then had a recurring role as Spencer Monroe in AMC's horror series The Walking Dead, before being promoted to a series regular. He will recur as Sam Loomis in the fifth and final season of A&E's drama-thriller series Bates Motel.
In 2024, Nichols starred in the Lifetime film Gaslit By My Husband: The Morgan Metzer Story as Rodney Metzer.
Personal life
Alongside his acting career, Nichols maintains a strong interest in cinema. He keeps a log of every film he sees. He said "I take it to the movies and write down who does the music, edits, directs, and how long the film is." Claire Oswalt, an ex-girlfriend, said in a 2003 interview that Nichols watches an average of 20 movies a week. He especially admires Hal Ashby, Sam Fuller, and John Ford.
He was previously in an on and off relationship with One Tree Hill co-star Sophia Bush from 2006 to 2012 and took the role of Julian Baker in the series to be closer to her. He also dated the actress Chloe Bennet from 2013 to 2017 after meeting on the set of Agents of S.H.I.E.L.D. where he played her ex-boyfriend, Miles.
Nichols has been friends with actor Jake Gyllenhaal since the two met on the set of The Day After Tomorrow in 2004. Nichols said in one interview, "I've learned a ton from Jake. He's a really sharp guy. He told me everything about acting, the business, girls, life." | WIKI |
Page:Dictionary of National Biography volume 35.djvu/124
Mackay After a sojourn of about a year in India, ill-health obliged Mackay to embark for home. He died at sea on 15 April 1852.
Mackay wrote: 1. 'Electoral Districts; ... an Inquiry into the working of the Reform Bill,' 8vo, London, 1848. 2. 'The Western World, or Travels in the United States in 1846-7/ 3 vols. 8vo, London, 1849, dedicated to Richard Cobden. This was for long the most complete work published on the United States. 3. 'The Crisis in Canada, or Vindication of Lord Elgin and his Cabinet ... in reference to the Rebellion Losses Bill,' 8vo, London, 1849. 4. 'Analysis of the Australian Colonies' Government Bill,' 8vo, London, 1850. 5. 'Western India: Reports addressed to the Chambers of Commerce of Manchester, Liverpool, Blackburn, and Glasgow,' 8vo, London, 1853, a posthumous work edited by James Robertson, with a preface by Sir Thomas Bazley.
MACKAY, ALEXANDER MURDOCH (1849–1890), missionary, son of Alexander Mackay, LL.D., free church minister of Rhynie, Aberdeenshire, was born in the in a use there on 13 Oct. 1849. After receiving hi early education from his father he entered the Free Church Training College for Teachers in Edinburgh in the autumn of 1807, and distinguished himself during the two years' course. He had developed a taste for mechanics at an early age, and purposed becoming an engineer. For three years he studied the necessary subjects in Edinburgh University, and gained a practical knowledge of engineering by spending his afternoons at the works of Messrs. Miller & Herbert, Leith. His mornings he occupied in teaching at George Watson's College. In November 1873 he went to Germany to learn the language, and obtained a situation as draughtsman with an engineering firm in Berlin. In his leisure he translated Liibsen's 'Differential and Integral Calculus,' and constructed an agricultural machine of his own invention, which obtained the first prize at the Breslau Exhibition. His ability led to his promotion to the position of chief of the locomotive department in the firm.
Mackay resided at Berlin with the family of Hofprediger Baur, one of the ministers of the cathedral there. Under Baur's influence the fascination of missionary life, which he had felt in his youth, was revived in him, and determining to go as a missionary to Madagascar, he began to study the Malagasy language. In April 1875 he was an unsuccessful candidate for the Church Missionary Society's post of lay-superintendent for a settlement of liberated slaves near Mombasa. The firm with which Mackay worked at Berlin was dissolved in September 1875, and he became draughtsman in a similar firm at Kottbus, sixty miles south-east from Berlin. When Mr. H. M. Stanley, the explorer, in a letter to the 'Daily Telegraph,' challenged Christendom to send missionaries to Uganda, Mackay offered his services to the Church Missionary Society in the proposed mission to Victoria Nyanza. The offer was accepted on 26 Jan. 1876, and he returned to England in March. On 27 April 1876 Mackay and four other missionaries set sail in the steamship Peshawur from Southampton. Arriving at Zanzibar on 30 May, he began his preparations for the march to the interior, and after long delay, caused principally through sickness, the remnant of the company that had escaped massacre reached Uganda in November 1878. There he remained till his death, making the district a centre for the evangelisation of Africa, and cultivating the friendship of its savage tribes. His knowledge of practical mechanics was of immense service to him. With King Mtesa he formed a useful intimacy; but after the death of that ruler, in October 1884, he had a severe and protracted struggle with the new king, Mwanga, who dreaded the progress of the Christian mission. Mwanga was driven from his throne by a revolt in the autumn of 1888, and his successor, Kiwewa, regarded the Christians with suspicion. Nevertheless Mackay held on, despite the bloodshed by which he was surrounded, and was always hopeful of establishing a permanent station. On 4 Feb. 1890 he caught malarial fever, and four days later he died at Usambiro, the last survivor of the little band that set out for Uganda in 1876. 'During the whole period of nearly fourteen years,' the minutes of the committee of the Church Missionary Society for 22 April 1890 record, Mackay 'never once left the shores of Africa, and for the greater part of that time he was in Uganda itself.
MACKAY, ANDREW (1760–1809), mathematician, was born in 1760 and lived in Aberdeen. He was in October 1781 appointed keeper (without salary) of the observatory on the Castle hill (see Aberdeen Journal, 15 Oct. 1781), and here he made his calculations on the latitude and longitude of his native town (see infra). He was | WIKI |
The Aramco IPO will help destroy the planet, environmental groups warn
New York (CNN Business)Saudi Aramco is trying to pull off a monster IPO that will be a major rainmaker for Wall Street. But environmental groups are urging big banks to help save the planet by refusing to work on the lucrative deal. In a letter to Goldman Sachs (GS), JPMorgan Chase (JPM) and other leading investment banks, the environmental activists warned that the long-delayed IPO will enable Aramco, the crown jewel of Saudi Arabia, to raise billions of dollars that will be used to worsen the climate crisis. "The world is watching — and the more bank financing of fossil fuels increases, the more public outrage will grow," the Sierra Club, Rainforest Action Network, Friends of the Earth and other activist groups wrote. The letter was sent on Thursday, hours before news that Aramco once again delayed the IPO to give investors more time to understand the impact of the September attacks on its oil facilities. The environmental groups also cited Saudi Arabia's "horrendous human rights record," pointing to the brutal murder of Washington Post columnist Jamal Khashoggi. Wall Street firms are highly unlikely to heed the call to cut ties with Aramco. The IPO, which could raise a record-shattering $40 billion, would bring in fat fees and coveted bragging rights for investment banks. Still, the strong criticism from environmental groups is yet another obstacle facing Aramco's IPO. Aramco and its bankers have also had to navigate an unprecedented September attack on the state-owned company's infrastructure and deep skepticism among investors and analysts about the lofty valuation being targeted. And some investors are hesitant to plow more money into fossil fuels. That's why Singapore's Temasek Holdings decided against investing in the Aramco IPO, according to The Wall Street Journal. The letter was sent to the CEOs of seven big banks reportedly coordinating the Aramco IPO: Bank of America (BAC), Goldman Sachs, JPMorgan, Citigroup (C), Credit Suisse (CS), Morgan Stanley (MS) and HSBC (HBCYF). None of the banks would comment to CNN Business on the letter. Saudi Aramco said that it had invested heavily over decades in reducing emissions from its operations. "We are an industry leader in developing and deploying emissions-reducing technologies, partnering with public and private institutions around the world," it said in a statement. "In order to achieve a low-carbon future, we believe it is necessary to meet both global energy demand and lower emissions. That must include responsible investments which reduce the overall carbon footprint of the oil and gas industry and end-use markets." The timing of the Aramco IPO remains in question. Although the company was expected to release its prospectus next week, a source told CNN Business that the timing for the blockbuster listing was pushed back to allow time to publish quarterly results that will provide clarity on the impact of last month's attacks. A delay would call into question the plan to list Aramco in Saudi Arabia next month. The listing is the centerpiece of the kingdom's Vision 2030 plan to diversify the economy away from its dependence on oil. But the environmental groups warned Wall Street banks on Thursday that the Aramco IPO would mark the biggest single infusion of capital into the fossil fuel industry since at least the Paris climate agreement was reached in late 2015. It would also give serious financial firepower to Aramco, which the Guardian recently listed as the world's largest corporate emitter of carbon dioxide. Enabling Aramco to extract its oil reserves in the coming decades is a "recipe for financing the destruction of the planet," the letter said, noting that UN climate scientists have warned global emissions must start dropping sharply to prevent "catastrophic consequences." The environmental groups suggested it would be hypocritical for big banks to underwrite Aramco's IPO while at the same time having policies about respecting human rights and expressing concern about climate change. "It will be clear that your words of environmental and social concern are devoid of all sincerity," the letter said, "and that when push comes to shove your concerns for short term profit outweigh all else." -- CNN Business' Julia Horowitz contributed to this article. | NEWS-MULTISOURCE |
It takes a village of options to pay college tuition
NEW YORK (Reuters) - Until last week, high school senior Alex Gomez was missing a key piece in his puzzle-like plan to pay college tuition next year to the University of Colorado. The 18-year-old from Ruidoso, New Mexico had already lined up family savings, financial aid, work study and loans, and then won a $7,500 scholarship from student-loan lender Sallie Mae for making a video about how he was going to pay for college. “It feels incredible and very, very relieving,” says Gomez, who just rented an apartment for next August in Denver. Although 20 percent of families can pay college tuition out of pocket, according to Sallie Mae, most families have to scramble every year to put together the cash before the first day of school. And they cannot really start to do this until they know what the final price tag will be. For high school seniors, that means waiting for financial aid offers that come in March and then having until August to pay the bill. “My phone is ringing off the hook,” says Jodi Okun, president and founder of College Financial Aid Advisors, a consulting service. “The panic comes from a lot of families not understanding how financial aid works.” For those still crafting a college tuition playbook, here are some tips from the pros: The families calling Okun typically have tuition bills of $20,000 or more, and none of them can just write a check. Her top suggestion is to find out fast if the school has a payment plan, because many require families to sign up in May, rather than waiting until August. Otherwise, “it just becomes a line item in the budget,” says financial adviser John Scherer of Trinity Financial Planning in Middleton, Wisconsin. Even folks with significant incomes get squeezed. Erika Safran, a New York-based financial planner who runs her own firm, has clients who make $250,000 a year and still have a hard time finding the cash for a $60,000 private-college tuition bill. “It’s not always how much you make, it’s also where the funds are going,” Safran says. SPEND DOWN THE 529s Safran’s clients usually have about $100,000 set aside in college savings plans, and she encourages them to stretch out the funds so they can keep accumulating value through investment. If your state offers tax deductions for 529 contributions, but does not have a limit on how long the money has to be in the account, you can put money in at the last minute and then spend it right away, says Ryan Fuchs, an adviser with Ifrah Financial Services, based in Little Rock, Arkansas. If you have more than one child, you can also move funds between 529 accounts as needed. “If it’s overfunded for one, you can use it to fund the other,” says Safran. About 30 percent of students take federal student loans, according to Sallie Mae, while 7 percent take out private loans. John Scherer and Ryan Fuchs subscribe to the philosophy that families should take whatever subsidized loans you can in the student’s name, because the interest is low and does not accumulate until after graduation. Scherer says that some families use this as a carrot and stick incentive - if you do well in school, we will pay off your loans; if you do not, you are on your own. But Erika Safran counters that there is no free lunch, and that families will incur origination fees for any borrowing. So if you have the money, you should pay it up front. On the list of other assets a family might have, Fuchs says many people forget that they can withdraw their Roth IRA contributions (but not the growth) without penalty, as long as the money was there for at least five years. While this impedes retirement savings, “it can be a good source of quick cash,” says Fuchs. Next on Fuch’s list of the less-good options is a 401(k) loan, which typically can be 50 percent, or up to $50,000, from each parent’s account. This option is not ideal if the parent is in a precarious job, will retire before the repayment period is over or it would greatly impede retirement savings. About 1 percent of families take home equity loans, according to Sallie Mae. Safran says this is most palatable for those who can combine it with a refinance. Okun has only had one client who went so far as to sell her house to pay for tuition for her daughter to go to a special opera program. “Her mom said it had to be the best school no matter what,” Okun says. (Corrects fourth paragraph to show the percentage who pay out of pocket is 20 percent, not about 25 percent.) Editing by Lauren Young and Jonathan Oatis | NEWS-MULTISOURCE |
Marguerite Dupire
Marguerite Dupire (12 October 1920 – 4 March 2015) was a French ethnologist who specialised on African people, and worked extensively on the Fulani of Niger, Cameroon, Guinea, Senegal, and then after a mission in Ivory Coast, on the Serer people of Sine (in Senegal) since 1965.
Biography
Dupire gained a degree in philosophy in 1943. She then completed her training by studying psychology and ethnology at the University of Paris, then in the United States, at the Northwestern University and the University of Pennsylvania, where she was the student of notable anthropologists such as Melville Herskovits and Alfred Irving Hallowell in the late 1940s.
Publications
Marguerite Dupire has authored numerous scientific articles (see below).
Her principal works (in French) are :
* Peuls nomades: étude descriptive des Wodaabe du Sahel nigérien, Karthala, Paris, 1996 (1ère éd. 1962), 336 p. ISBN 2-86537-603-6
* Organisation sociale des Peul. Étude d'ethnographie comparée, Plon, Paris, 1970, 624 p.
* Sagesse sereer: essais sur la pensée sereer ndut, Karthala, Paris, 1994, 174 p. ISBN 2-86537-487-4 | WIKI |
Page:Georgie by Dorothea Deakin, 1906.djvu/56
"Georgie" "Now it's Anne who does the talking—teaching me how to behave. She never found fault with my behavior in the old days. Now, it seems, I am full of faults. She doesn't like my manners."
"Your what, Georgie?"
He flushed.
"Don't try to be funny. What's the matter with my manners, anyhow? She doesn't like slang. Imagine me without slang!"
"I can't," said I. "When I think," he finished gloomily, "that for the rest of my life I shall have to sit at breakfast opposite a woman who is trying to reform me, I—oh, put yourself in my place ! It's unspeakable. I'd rather hang myself, and cut the whole sickening show."
I laughed kindly.
"Poor old chap," said I, "why do you drift into these things so painfully early, Georgie? You ought not to have thought of marriage for another five years. Cricket and football and hunting and all the rest 40 | WIKI |
The Dangers of Rapid Detox
medical detox
The Dangers of Rapid Detox
One of the most common barriers to drug and alcohol addiction treatment is the fear of experiencing withdrawal symptoms, which are often uncomfortable or even painful and include things like sweating, muscle aches, nausea and insomnia.
Because of the severity of these symptoms, people often assume the quickest possible route to detoxification is the best. However, rapid detox can be extremely dangerous.
What Is Rapid Detox?
Rapid detox is a process first used in the 1980s to help people with opiate dependency avoid the physical side effects associated with withdrawal. This controversial procedure takes place in a hospital under anesthesia. While the person is sedated, the treatment team administers medication that forces the body into the withdrawal process. Patients typically get discharged within 48 hours after treatment. However, for many, the recovery time is much longer.
Possibly the sole benefit of rapid detox is that the addict undergoes treatment in the intensive care unit of a hospital, where there are trained professionals available to keep an eye on their vital signs and intervene in case of severe side effects like seizures. However, the dangers of rapid detox far outweigh this advantage.
Why Is Rapid Detox Dangerous?
The thought of undergoing opiate withdrawal under anesthesia may sound promising, but the reality is that rapid detox is incredibly risky. Though the accelerated detox procedure has a high success rate, it is severely taxing on the bodies of people who undergo it, and it can even be fatal. Aside from the risks of compressing the withdrawal process into a few hours, rapid drug detox also carries the inherent dangers of general anesthesia.
While some medical facilities still perform ultra-rapid detox, a majority of medical professionals agree that it’s unsafe and unnecessary. Additionally, rapid detox does nothing to address the mental health problems that surround addiction, which go far beyond those commonly associated with a purely physical dependence. Though rapid detox may result in withdrawal from drugs or alcohol, it does not help the addict tackle the underlying reasons why they developed their dependency to begin with.
Medical Detox Is the Safest Solution
For many addicts, trying to quit on their own is highly dangerous, which is why a medically supervised detoxification is the best thing to do. Medical detoxification is a far superior solution to managing withdrawal symptoms. Not only does it allow a team of compassionate, highly trained health professionals to provide ‘round-the-clock monitoring and support, but it is also much safer and easier to tolerate than any other form of detox.
As Southern California’s leading detox facility, we understand medical detox is only the first step on the road to recovery. Before discharging clients from our detox program, we help them make smart choices in seeking and transitioning into the next level of care. If your goal is to make a fresh start and establish your independence from drugs or alcohol, reach out to us today to get the help you need. We’re here to help you build the foundation for an addiction-free life. | ESSENTIALAI-STEM |
Sujaul Senior Fazil Madrasha
Sujaul Senior Fazil Madrasha (সুজাউল সিনিয়র ফাযিল মাদ্রাসা, المدرسة شجاع الفاضلية) is a private madrasa in the village of Sujaul in Barlekha Upazila, which is located in Bangladesh's Moulvibazar District. It is currently led by Headmaster Muhammad Faizur Rahman with the assistant professor being Muhammad Muinuddin Siraji.
Location and premises
The madrasa is in close proximity to Office Bazar. The madrasa has four buildings in total; one of which is 4 floors.
History
It was established on 1 January 1890. Since 1922, the students of this madrasa have been getting scholarships at different levels. In 1930, it became the first madrasa to achieve Dakhil (secondary) status in the Mohammedan Education's Assam Board. It achieved Alim status in 1965 and Fazil (degree) status in 1967. Abdul Aziz, the vice principal, left the school in 2016.
Facilities
It has an active alumni association known as the Ex-Student Council. Courses are offered in a range of subjects such as Qur'an, hadith, Arabic, Arabic grammar, sarf, fiqh, Islamic history, mathematics, agriculture, biology, chemistry, tafsir, communication and English. | WIKI |
Augustine Ngo Mback
Augustine Chouchou Ngo Mback Batoum (born 1 July 1997) is a Cameroonian footballer who plays as a left midfielder for Louves Miniproff and the Cameroon women's national team.
Club career
Ngo Mback has played for Louves Miniproff in Cameroon.
International career
Ngo Mback capped for Cameroon at senior level during the 2016 Africa Women Cup of Nations and the 2020 CAF Women's Olympic Qualifying Tournament. | WIKI |
Shrikant Sharma
Shrikant Sharma is an Indian politician and a member of the 17th & 18th Uttar Pradesh Legislative Assembly from Mathura Constituency in Mathura district. He was also sworn in as a minister in Yogi Adityanath cabinet where he held the portfolio of Energy Department. During his tenure as the Energy Minister, the State of Uttar Pradesh saw a drastic change in the basic infrastructure of the Electricity transmission and distribution setup. His target was to provide 24 Hours electricity supply to Districts, 22 Hours Electricity Supply to Tehsils and 18 hours Electricity supply to the villages which was achieved by the Energy Department during his tenure. He also introduced the 1912 Electricity Helpline in the State, which was a great step to connect the consumers directly with the Electricity Department, so that their issues can be resolved as soon as possible.
In 2022 Uttar Pradesh Legislative Assembly Election, Shrikant Sharma won by a huge margin of 1,09,803 votes breaking his previous record set in 2017 Uttar Pradesh Legislative Assembly Election of 1,01,161 votes. He won with a thumping majority of 60% votes.
He was also the National Secretary of Bharatiya Janata Party. | WIKI |
Plantify
Plantify.co.uk is an online plant shop based in Windsor, Berkshire (UK) that sells a wide variety of herbaceous and perennial plants. The plant shop supplies over 3150 plants sourced from small British growers and hosts a Plant Finder encyclopedia and free garden design tool.
History
Plantify.co.uk was founded in 2011 by ex-computer games developer and gardening enthusiast, Peter Laughton, who developed plantify.co.uk using gamification techniques honed in the video games business to make processes, sales and marketing more attractive to consumers, employees and suppliers. Laughton previously worked for video games developers, Electronic Arts Inc.
Operations
The business operates from warehouse offices and employs operational and customer service staff, and horticultural specialists.
In 2012 the plant retailer supported the UK division of World Vision, one of the world’s leading aid agencies, to cultivate the rare Andean Lupin (Lupinus mutabilis) which the charity featured in its Royal Horticultural Society (RHS) Chelsea Flower Show 2012 garden designed by RHS gold medal winning garden designers, FlemonsWarlandDesign
At the 2012 RHS Hampton Court Palace Flower Show, two gardens featured plants supplied by plantify.co.uk. The Badger Beer Garden, and The 'Bridge Over Troubled Water' garden designed by Bestique's garden designer, Anoushka Feiler won three awards; Best in Show, a gold medal and the People's Choice award.
Media Coverage
has been featured in newspapers including the Saturday Telegraph and Sunday Telegraph, women’s and gardening magazines and on radio. Independent reviews through blogs have also featured plantify.co.uk from both amateur and professional gardeners alike. | WIKI |
2007 Valdosta State Blazers football team
The 2007 Valdosta State Blazers football team was an American football team that represented Valdosta State University as a member of the Gulf South Conference (GSC) during the 2007 NCAA Division II football season. In their first year under head coach David Dean, the team compiled a 13–1 record (7–1 against conference opponents) and finished second in the GSC. The team advanced to the NCAA Division II playoffs and defeated, 25–20, in the championship game.
The Blazers played their home games at Bazemore–Hyder Stadium in Valdosta, Georgia. | WIKI |
Talk:Life
Book "How Life Works" (2023) worth considering?
A review by scientist Denis Noble of a new book entitled "How Life Works: A User’s Guide to the New Biology" (2023) by Philip Ball (editor of the journal Nature) may be worth considering? - iac - Stay Safe and Healthy !! - Drbogdan (talk) 04:53, 6 February 2024 (UTC) Drbogdan (talk) 04:53, 6 February 2024 (UTC)
* Hi, I've read it. There's nothing new. Graham Beards (talk) 14:19, 12 April 2024 (UTC)
"Non-cellular life" in infobox
As far as I'm aware, the biological community generally does not regard such entities as lifeforms. I am in favor of removing this. Anonymous 15:23, 19 May 2024 (UTC)
* As far as I am aware, the biological community has yet to agree on a definition of life. So I disagree, it should be kept. Graham Beards (talk) 16:05, 19 May 2024 (UTC)
* @Graham Beards, as far as I'm aware, and you can be too if you read the respective articles, Wikipedia does not refer to viruses, virusoids, and viroids as being alive. The idea that viruses might be considered alive is brought up on their respective article, but the articles on virusoids and viroids do not even entertain such an idea. Given that the latter two are essentially just bits of RNA, should we also add rRNA, mRNA, etc. to the infobox? Regardless, my main point is that we should have some consistency within Wikipedia itself. Anonymous 19:25, 24 May 2024 (UTC)
* Hi, first of all please have a look at Wikipedia is not a reliable source and other stuff exists. I wrote Virus and much of Viroid, so I don't need to read the articles. Regarding consistency within Wikipedia, there is no such policy or guideline. Each article stands or falls on its own merit. So I am sticking to my argument that "the biological community has yet to agree on a definition of life. So I disagree, it should be kept." Graham Beards (talk) 19:47, 24 May 2024 (UTC)
* Can you provide me a reliable source describing either viroids or virusoids as alive? Furthermore, if any infectious agent is being regarded as a lifeform, then prions might as well be added to the list. Anonymous 23:31, 24 May 2024 (UTC)
* Can you provide a reliable source for what "alive" means? I doubt it because as I said above " the biological community has yet to agree on a definition of life". The existence of "non-cellular life" makes a definition elusive. You might find this paper interesting: Graham Beards (talk) 09:38, 25 May 2024 (UTC) | WIKI |
Manage Learn to apply best practices and optimize your operations.
Windows management tips: How to backup and restore Active Directory
If you lose your Active Directory, you lose everything. Expert Joel Snyder lays out a plan to help you backup and restore AD.
If you lose your Active Directory, you lose everything: Your Windows domain will stop working shortly thereafter. Having a tested plan to back up and restore Active Directory should be on the top of your business continuity list.
Unlike most other applications in your network, Active Directory is a distributed application. It's multiple-master, meaning that (by default) every domain controller has a full copy of the directory and the ability to modify it. (Note that some of what I'm saying in this tip is aimed at midsize networks. If your network is large and you have multiple domains or even multiple forests, all of the principles are still true, but the details are quite different.) Therefore, to keep your Active Directory safe, you need to back up any one of the domain controllers. If you want to be able to restore any controller, however, you'll have to back them all up.
Backing up Active Directory means capturing the System State, a collection of system-specific data that includes the Active Directory database and related log and transaction files, Registry, COM+ configuration information, boot files, the SYSVOL system volume, certificate information (if you're running certificate services) and a few other system files.
Ask the expert: Active Directory
Learn how to revoke and delete AD user certificates.
Retrieve and restore deleted users accounts in Active Directory.
You can do this for free with utilities provided by Microsoft in Windows 2000, 2003 and 2008. Your backup tools will probably also be able to capture a System State. Backups prior to Windows 2008 were fairly small, but the size of the System State increased in Longhorn, so plan accordingly.
It's important to remember that just because you've got a way to capture a System State, that doesn't mean you can restore it. If you have a small domain and have co-located your domain controller on the same server with your backup software, you're going to have a very difficult time restoring the domain controller. The solution of using disk imaging software won't help you here either: Active Directory can't be backed up that way, unless you shut down every DC and leave them down before imaging. And don't even think about the shenanigans required to restore.
This means you need to sit back and ask yourself: How am I going to restore a domain controller? It's not the same as restoring any other application server. Generally, the nice thing about Active Directory is that if you're provisioned properly in the first place (with 2 or more AD domain controllers), then you don't need to restore a broken server -- you just need to replace it, and let AD automatically re-replicate the data over to the newly built server. Even in these days of green computing and power savings, I strongly recommend you consider this your "Plan A:" when an AD controller is lost, don't worry about backing up AD, just get the server back up and promote it to a domain controller once everything is stable.
The one exception is Flexible Single Master of Operation (FSMO) roles; these don't automatically failover to other AD servers. These roles have to be assigned to specific domain controllers by the administrator. Fortunately, FSMO roles normally aren't critical to minute-by-minute operation of a domain and can be off-line while you decide what to do about them separately for a few hours. For example, the Schema Master FSMO role is only used when you update your schema, something that may only happen a few times a year. On the other hand, the PDC emulator FSMO role is more critical, since it helps to ensure that any changes to passwords are immediately available across the domain.
The key point of this tip is to have you think about how to backup and restore Active Directory separately from other applications because of its multiple-master distributed database. Take some time out, figure out what you are going to do and, most importantly, test your plan by simulating a failed or unavailable AD domain controller and recovery according to your plan. When you're doing that, make good notes so when you're executing it at 3AM, you won't make expensive mistakes. Every plan will be different -- some of you may follow my Plan A above, while others will have a different strategy. In any case, you should know what your plan is before you have an outage.
About the author:
Joel Snyder is a senior partner at Opus One, an IT consulting firm specializing in security and messaging.
Send comments on this technical tip editor@searchmidmarketsecurity.com.
Join our IT Knowledge Exchange discussion forum; please use the midmarket security tag.
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Talk:Chuck Pennacchio
Headline text
Updates
* I edited Chuck's campaign experience to reflect more of it. Austin
* I deleted Featherman's link since he is no longer in the race --Austin 06:34, 10 April 2006 (UTC) | WIKI |
Kratom strains get their names based on their color; however, some are unique, neither do they have a name associating them to any color. One of them is the Trainwreck strain, a blend of different Kratom strains such as red, white, and green Kratom, all blended to produce a unique multi-purpose strain.
It is not relatively new, but people do not know more about it like other strains. Therefore, this article reviews the strain to help you understand its details.
What is the Trainwreck Kratom strain?
It is one of the unique Kratom strains because it does not belong in any family of Kratom strains. It is a blend of multiple strains, and its contents may vary from company to company. There is no standardized procedure for mixing the Kratom strain to form the Trainwreck strain; hence any company can mix the strains in various variations to create the final product.
Due to the combination of various strains, one can describe it as a multi-purpose strain because it delivers multiple effects and benefits. You can use it to treat various conditions or use it if you are not certain which strain will better resolve your current dilemma.
What does Trainwreck strain do?
There is various information about the Trainwreck strain, including people term it the most potent strain. The effects of Trainwreck Kratom depend on the person using it and the intensity of the conditions they would wish to address. Otherwise, some strains may be perfect in addressing certain conditions.
You can rely on Trainwreck strain to address various conditions. Trainwreck can address multiple conditions due to its chemical composition. It has mitragynine, one of the most effective alkaloids in addressing conditions such as bad moods.
The second component is the 7-hydroxymitragynine, similar to opioid effects due to its sedative effects and many more. You can also read the everything to know about trainwreck kratom to understand other properties and features that effectively address multiple conditions.
• Relaxation and sleep
Like Kush Kratom, it is suitable for relaxation enabling you to focus on sleep by dealing with conditions that cause insomnia. It has anti-inflammatory effects, making it suitable for dealing with various types of pain, such as soreness that can affect your ability to sleep. It can also address various types of pain such as back and neck, especially if you sit for long hours.
• Stimulation
If you have issues focusing in the morning, the strain can help you stay awake. Like coffee, it can boost your morning and prepare you for the day’s activities. Equally, when you are in a bad mood, it can cheer you up by boosting dopamine and serotonin levels, boosting the body’s energy.
• Anxiety relief
The strain has sedating effects that calm your brain and eliminate negative energy, leading to stress and anxiety. It also helps you clear the negative mental fog, enabling you to focus on positive aspects, hence boosting your moods. The strain has alkaloids that attach themselves to the CB1 receptors hence boosting the production of serotonin and dopamine hormones which stimulate positive energy in the body.
• Pain relief
It is a good remedy for various types of pain, whether chronic or inflammations. It can be perfect for various occupations, such as athletes who suffer from intense muscle pains and injuries due to workouts. Due to its pain-relief and sedative effects enable the brain to calm down and reduce focus on the pain.
What is the appropriate dosage?
The strain is a good stimulant in low dosages; however, the sedative effects become more prominent as you increase the dosage. The appropriate dosage depends on various conditions such as the intensity of the pain, the level of anxiety, your level of experience in using the strain. Newbies should use a limited dosage; however, you can increase the dosage if you do not feel the effects. The best way to understand the dosage level is to get it from a doctor or pharmacy.
Here is a general guideline for the dosage: If you need to use it for relaxation, sleep and stress refile, you should take about 3-5 grams depending on your experience level. If you need it for pain relief, you can take about 5 grams. At no point should you take above 10 grams, even if you have been using it for a while. This can lead to severe consequences.
Similarity to other strains
Trainwreck has similar effects to Kush Kratom. Kush Kratom can also help you deal with various conditions such as pain relief, anxiety relief, low moods, and improving concentration. However, Kush Kratom has more benefits, such as boosting sexual performance, easing opioid withdrawal, and improving social skills.
Side effects of Trainwreck strain
The side effects of the Trainwreck strain depend on the dosage level. Like other Kratom strains, the effects range from mild to severe. Here are the possible side effects: vomiting, tiredness, nausea, dizziness, anxiety, memory impairment, diarrhea, constipation, and mental fog. You also need to limit the dosage to avoid other adverse effects such as addiction. Trainwreck strain may not be like opioids; however, continuous use when not necessary can lead to addiction.
Conclusion
Trainwreck strain is one of the most effective Kratom strains due to its ability to address multiple conditions. You can use it for relaxation, sleep, pain relief all simultaneously. It can also help you focus and boost your body energy, enabling you to tackle strenuous office work. While taking the strain, you need to observe the dosage guideline lest you overdose.
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PCDATA
Parsed Character Data (PCDATA) is a data definition that originated in Standard Generalized Markup Language (SGML), and is used also in Extensible Markup Language (XML) Document Type Definition (DTD) to designate mixed content XML elements.
Example
The following sender-element could be part of an XML-document: The string "Anton Smith" would be considered as parsed character data.
When declaring document elements. An element declaration employing the #PCDATA content model value does not allow for child elements. | WIKI |
Gomenmachi Station
Gomenmachi Station (後免町駅) is a train and tram station located in the same vicinity in the city of Nankoku, Japan. The train station is operated by the third-sector Tosa Kuroshio Railway with the station number "GN39". The tram station is the eastern terminus of the Gomen Line operated by Tosaden Kōtsū.
Lines
The train station is served by the Asa Line and is located 1.1 km from the beginning of the line at Gomen. All rapid and local trains on the line stop at the station.
The tram station is the eastern terminus of the Tosaden Kōtsū Gomen Line and is located 10.9 km from the western terminus at Harimayabashi.
Layout
The train station consists of a side platform serving a single elevated track. There is no station building but the platform has a shelter for waiting passengers. In addition, there is a traditional style tiled-roof waiting room set up under the elevated structure. Access to the platform is by means of a flight of steps. Bicycle parking is available under the elevated structure and car parking is available at the station forecourt.
The tram station is located at grade in the train station forecourt and at right angles to the railway track.
Adjacent stations
!colspan=5|Tosa Kuroshio Railway
!colspan=5|Tosaden Kōtsū
History
The train station was opened on 1 July 2002 by the Tosa Kuroshio Railway as an intermediate station on its track from Gomen to Nahari.
The tram station was opened on 21 February 1925 under the name Gomen-ekimae. On 26 July 1974, it was renamed Gomenmachi and moved to its present position from a location further to the west.
Passenger statistics
In fiscal 2011, the train station was used by an average of 326 passengers daily.
Surrounding area
* Nankoku Municipal Gomenoda Elementary School | WIKI |
Degeneracy (mathematics)
Limiting case which is different from the rest of the class / From Wikipedia, the free encyclopedia
Dear Wikiwand AI, let's keep it short by simply answering these key questions:
Can you list the top facts and stats about Degenerate case?
Summarize this article for a 10 years old
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In mathematics, a degenerate case is a limiting case of a class of objects which appears to be qualitatively different from (and usually simpler than) the rest of the class,[1] and the term degeneracy is the condition of being a degenerate case.[2]
The definitions of many classes of composite or structured objects often implicitly include inequalities. For example, the angles and the side lengths of a triangle are supposed to be positive. The limiting cases, where one or several of these inequalities become equalities, are degeneracies. In the case of triangles, one has a degenerate triangle if at least one side length or angle is zero. Equivalently, it becomes a "line segment".[3]
Often, the degenerate cases are the exceptional cases where changes to the usual dimension or the cardinality of the object (or of some part of it) occur. For example, a triangle is an object of dimension two, and a degenerate triangle is contained in a line,[3] which makes its dimension one. This is similar to the case of a circle, whose dimension shrinks from two to zero as it degenerates into a point.[1] As another example, the solution set of a system of equations that depends on parameters generally has a fixed cardinality and dimension, but cardinality and/or dimension may be different for some exceptional values, called degenerate cases. In such a degenerate case, the solution set is said to be degenerate.
For some classes of composite objects, the degenerate cases depend on the properties that are specifically studied. In particular, the class of objects may often be defined or characterized by systems of equations. In most scenarios, a given class of objects may be defined by several different systems of equations, and these different systems of equations may lead to different degenerate cases, while characterizing the same non-degenerate cases. This may be the reason for which there is no general definition of degeneracy, despite the fact that the concept is widely used and defined (if needed) in each specific situation.
A degenerate case thus has special features which makes it non-generic, or a special case. However, not all non-generic or special cases are degenerate. For example, right triangles, isosceles triangles and equilateral triangles are non-generic and non-degenerate. In fact, degenerate cases often correspond to singularities, either in the object or in some configuration space. For example, a conic section is degenerate if and only if it has singular points (e.g., point, line, intersecting lines).[4] | ESSENTIALAI-STEM |
diagrams-lib-1.4.2.1: Embedded domain-specific language for declarative graphics
Copyright(c) 2011-2015 diagrams-lib team (see LICENSE)
LicenseBSD-style (see LICENSE)
Maintainerdiagrams-discuss@googlegroups.com
Safe HaskellNone
LanguageHaskell2010
Diagrams.Attributes
Contents
Description
Diagrams may have attributes which affect the way they are rendered. This module defines some common attributes; particular backends may also define more backend-specific attributes.
Every attribute type must have a semigroup structure, that is, an associative binary operation for combining two attributes into one. Unless otherwise noted, all the attributes defined here use the Last structure, that is, combining two attributes simply keeps the second one and throws away the first. This means that child attributes always override parent attributes.
Synopsis
Standard measures
Line width
data LineWidth n Source #
Line widths specified on child nodes always override line widths specified at parent nodes.
_LineWidthM :: Iso' (LineWidthM n) (Measure n) Source #
lineWidth :: (N a ~ n, HasStyle a, Typeable n) => Measure n -> a -> a Source #
Set the line (stroke) width.
lineWidthM :: (N a ~ n, HasStyle a, Typeable n) => LineWidthM n -> a -> a Source #
Apply a LineWidth attribute.
_lineWidth :: (Typeable n, OrderedField n) => Lens' (Style v n) (Measure n) Source #
Lens onto a measured line width in a style.
_lw :: (Typeable n, OrderedField n) => Lens' (Style v n) (Measure n) Source #
Lens onto a measured line width in a style.
_lineWidthU :: Typeable n => Lens' (Style v n) (Maybe n) Source #
Lens onto the unmeasured linewith attribute. This is useful for backends to use on styles once they have been unmeasured. Using on a diagram style could lead to unexpected results.
lw :: (N a ~ n, HasStyle a, Typeable n) => Measure n -> a -> a Source #
Default for lineWidth.
lwN :: (N a ~ n, HasStyle a, Typeable n, Num n) => n -> a -> a Source #
A convenient synonym for 'lineWidth (normalized w)'.
lwO :: (N a ~ n, HasStyle a, Typeable n) => n -> a -> a Source #
A convenient synonym for 'lineWidth (output w)'.
lwL :: (N a ~ n, HasStyle a, Typeable n, Num n) => n -> a -> a Source #
A convenient sysnonym for 'lineWidth (local w)'.
lwG :: (N a ~ n, HasStyle a, Typeable n, Num n) => n -> a -> a Source #
A convenient synonym for 'lineWidth (global w)'.
Dashing
data Dashing n Source #
Create lines that are dashing... er, dashed.
Constructors
Dashing [n] n
Instances
Functor Dashing Source #
Methods
fmap :: (a -> b) -> Dashing a -> Dashing b #
(<$) :: a -> Dashing b -> Dashing a #
Eq n => Eq (Dashing n) Source #
Methods
(==) :: Dashing n -> Dashing n -> Bool #
(/=) :: Dashing n -> Dashing n -> Bool #
Semigroup (Dashing n) Source #
Methods
(<>) :: Dashing n -> Dashing n -> Dashing n #
sconcat :: NonEmpty (Dashing n) -> Dashing n #
stimes :: Integral b => b -> Dashing n -> Dashing n #
Typeable * n => AttributeClass (Dashing n) Source #
dashing Source #
Arguments
:: (N a ~ n, HasStyle a, Typeable n)
=> [Measure n]
A list specifying alternate lengths of on and off portions of the stroke. The empty list indicates no dashing.
-> Measure n
An offset into the dash pattern at which the stroke should start.
-> a
-> a
Set the line dashing style.
dashingN :: (N a ~ n, HasStyle a, Typeable n, Num n) => [n] -> n -> a -> a Source #
A convenient synonym for 'dashing (normalized w)'.
dashingO :: (N a ~ n, HasStyle a, Typeable n) => [n] -> n -> a -> a Source #
A convenient synonym for 'dashing (output w)'.
dashingL :: (N a ~ n, HasStyle a, Typeable n, Num n) => [n] -> n -> a -> a Source #
A convenient sysnonym for 'dashing (local w)'.
dashingG :: (N a ~ n, HasStyle a, Typeable n, Num n) => [n] -> n -> a -> a Source #
A convenient synonym for 'dashing (global w)'.
_dashing :: Typeable n => Lens' (Style v n) (Maybe (Measured n (Dashing n))) Source #
Lens onto a measured dashing attribute in a style.
_dashingU :: Typeable n => Lens' (Style v n) (Maybe (Dashing n)) Source #
Lens onto the unmeasured Dashing attribute. This is useful for backends to use on styles once they have been unmeasured. Using on a diagram style could lead to unexpected results.
Color
Diagrams outsources all things color-related to Russell O'Connor's very nice colour package (http://hackage.haskell.org/package/colour). For starters, it provides a large collection of standard color names. However, it also provides a rich set of combinators for combining and manipulating colors; see its documentation for more information.
class Color c where Source #
The Color type class encompasses color representations which can be used by the Diagrams library. Instances are provided for both the Colour and AlphaColour types from the Data.Colour library.
Minimal complete definition
toAlphaColour, fromAlphaColour
Methods
toAlphaColour :: c -> AlphaColour Double Source #
Convert a color to its standard representation, AlphaColour.
fromAlphaColour :: AlphaColour Double -> c Source #
Convert from an AlphaColour Double. Note that this direction may lose some information. For example, the instance for Colour drops the alpha channel.
data SomeColor Source #
An existential wrapper for instances of the Color class.
Constructors
Color c => SomeColor c
Opacity
data Opacity Source #
Although the individual colors in a diagram can have transparency, the opacity/transparency of a diagram as a whole can be specified with the Opacity attribute. The opacity is a value between 1 (completely opaque, the default) and 0 (completely transparent). Opacity is multiplicative, that is, opacity o1 . opacity o2 === opacity (o1 * o2). In other words, for example, opacity 0.8 means "decrease this diagram's opacity to 80% of its previous opacity".
opacity :: HasStyle a => Double -> a -> a Source #
Multiply the opacity (see Opacity) by the given value. For example, opacity 0.8 means "decrease this diagram's opacity to 80% of its previous opacity".
_opacity :: Lens' (Style v n) Double Source #
Lens onto the opacity in a style.
data FillOpacity Source #
Like Opacity, but set the opacity only for fills (as opposed to strokes). As with Opacity, the fill opacity is a value between 1 (completely opaque, the default) and 0 (completely transparent), and is multiplicative.
fillOpacity :: HasStyle a => Double -> a -> a Source #
Multiply the fill opacity (see FillOpacity) by the given value. For example, fillOpacity 0.8 means "decrease this diagram's fill opacity to 80% of its previous value".
_fillOpacity :: Lens' (Style v n) Double Source #
Lens onto the fill opacity in a style.
data StrokeOpacity Source #
Like Opacity, but set the opacity only for strokes (as opposed to fills). As with Opacity, the fill opacity is a value between 1 (completely opaque, the default) and 0 (completely transparent), and is multiplicative.
strokeOpacity :: HasStyle a => Double -> a -> a Source #
Multiply the stroke opacity (see StrokeOpacity) by the given value. For example, strokeOpacity 0.8 means "decrease this diagram's stroke opacity to 80% of its previous value".
_strokeOpacity :: Lens' (Style v n) Double Source #
Lens onto the stroke opacity in a style.
Converting colors
colorToSRGBA :: Color c => c -> (Double, Double, Double, Double) Source #
Convert to sRGBA.
colorToRGBA :: Color c => c -> (Double, Double, Double, Double) Source #
Deprecated: Renamed to colorToSRGBA.
Convert to sRGBA.
Line stuff
Cap style
data LineCap Source #
What sort of shape should be placed at the endpoints of lines?
Constructors
LineCapButt
Lines end precisely at their endpoints.
LineCapRound
Lines are capped with semicircles centered on endpoints.
LineCapSquare
Lines are capped with a squares centered on endpoints.
lineCap :: HasStyle a => LineCap -> a -> a Source #
Set the line end cap attribute.
_lineCap :: Lens' (Style v n) LineCap Source #
Lens onto the line cap in a style.
Join style
data LineJoin Source #
How should the join points between line segments be drawn?
Constructors
LineJoinMiter
Use a "miter" shape (whatever that is).
LineJoinRound
Use rounded join points.
LineJoinBevel
Use a "bevel" shape (whatever that is). Are these... carpentry terms?
lineJoin :: HasStyle a => LineJoin -> a -> a Source #
Set the segment join style.
_lineJoin :: Lens' (Style v n) LineJoin Source #
Lens onto the line join type in a style.
Miter limit
lineMiterLimit :: HasStyle a => Double -> a -> a Source #
Set the miter limit for joins with LineJoinMiter.
lineMiterLimitA :: HasStyle a => LineMiterLimit -> a -> a Source #
Apply a LineMiterLimit attribute.
_lineMiterLimit :: Lens' (Style v n) Double Source #
Lens onto the line miter limit in a style.
Recommend optics
_Commit :: Prism' (Recommend a) a Source #
Prism onto a Commit.
_recommend :: Lens (Recommend a) (Recommend b) a b Source #
Lens onto the value inside either a Recommend or Commit. Unlike committed, this is a valid lens.
isCommitted :: Lens' (Recommend a) Bool Source #
Lens onto whether something is committed or not.
committed :: Iso (Recommend a) (Recommend b) a b Source #
Commit a value for any Recommend. This is *not* a valid Iso because the resulting Recommend b is always a Commit. This is useful because it means any Recommend styles set with a lens will not be accidentally overridden. If you want a valid lens onto a recommend value use _recommend.
Other lenses that use this are labeled with a warning. | ESSENTIALAI-STEM |
Page:Picturesque Nepal.djvu/121
all the large towns of the State. In the centre is a large irregularly shaped public square, on one side of which is the royal palace or "durbar." The remaining sides of this open space are occupied with temples and shrines sacred to the locality. Irregularly distributed around the durbar square are various smaller squares (tols), containing less important buildings, and connected with one another, and also with the main square, by streets and lanes, while compassing the whole city was a wall pierced by several gateways.
History states that Katmandu was founded in 724 A.D., and near the durbar square is an ancient wooden building, from which the city is said to take its name. Externally it is a somewhat ramshackle erection, and the inside is dark and mysterious—"no light but rather a transpicuous gloom." It is used as a house of accommodation for travelling devotees, and was built in 1596 A.D. by the Raja Lachminna Sing Mai. The Newars still allude to this building as Katmandu, the legend being that the whole of it was constructed from the wood of one monster tree, hence the name, | WIKI |
Jasper Howard
Jasper Tyrone "Jazz" Howard (January 28, 1989 – October 18, 2009) was an American football cornerback for the University of Connecticut Huskies from 2007 to 2009. He was fatally stabbed on October 18, 2009, hours after UConn's win over the Louisville Cardinals.
Early life
Howard grew up in the Little Haiti neighborhood of Miami, an area known for its poverty and violence. His mother JoAngila Howard worked numerous jobs to support Howard and his two younger sisters. His youngest sister had health issues after a severe case of meningitis. His plan was to get a football scholarship and go to the NFL to get money and get his family out of the violent streets of Miami. At Miami Edison High School, Howard was an All-Dade County pick as a senior, and named MVP of the annual Nike Dade-Broward All-Star Game after returning a punt 70 yards for a touchdown and making a 45-yard touchdown catch. He was also the team captain.
University of Connecticut
Howard became the first person in his family to go to college when he enrolled at the University of Connecticut. In his freshman season he played in seven games as a reserve defensive back and on special teams but had no starts. Howard played as a freshman and started as a sophomore, leading the Big East in punt returns. He continued as a starter in his junior year, playing the first six regular season games. His last game with the Huskies was their homecoming game on October 17, 2009; Howard achieved a career-high 11 tackles (7 solo, 4 assisted) in addition to making a fumble recovery, in the Huskies win over the Louisville Cardinals.
Death
On the night of October 17–18, Howard and some of his teammates were at an on-campus dance to celebrate the 38–25 homecoming win over Louisville. Just after midnight, he was stabbed to death outside the Student Union Center where the dance was held. On Monday, October 19, 2009, police arrested Johnny Hood, 21, of Hartford, Connecticut. Police said that Hood had been charged with interfering with an officer and with breaching the peace, but that he had not been charged in the stabbing death of Howard.
Arrests were subsequently made in connection with Howard's murder. John William Lomax III, 21, who was not a student at UConn, was scheduled to appear in court on Wednesday, October 28, 2009, on charges of murder and conspiracy to commit assault in the death of Jasper Howard and his bond was set at $2 million. Police also arrested two other people in connection with the fight that led to Howard's death. Hakim Muhammad, 20, was charged with conspiracy to commit assault and Jamal Todd, 21, faced a felony charge of falsely reporting an incident and a misdemeanor charge of reckless endangerment for pulling a fire alarm that emptied the dance early that Sunday morning.
On January 14, 2011, Lomax – who had gone to his vehicle with Muhammad to retrieve weapons after an initial incident, then sought out Howard and his friends for the deadly follow-up – pleaded no contest to first degree manslaughter and on March 25, 2011, he was sentenced to 18 years in prison.
Memorials
On Tuesday, October 20, Connecticut students held a Day of Silence in memory of Jasper, during which the community wore dark clothes to indicate that they are united in mourning. The next day there was a candlelight vigil held on campus. The UConn Huskies football team chose to pay tribute to Howard by wearing decals bearing his initials on their helmets which they brought to the sidelines through the end of the 2010 season when Howard would have graduated. A mural in the lobby of the Burton Family Football Complex that features former linebacker Alfred Fincher was replaced with a photo of Howard and a plaque commemorating his life and accomplishments along with the quote said by Jasper after the October 18 win over Louisville, "Play each play like it's the last play you'll ever play." Additionally, Edsall established a foundation that will help urban kids pay for college and also aid families of terminally ill players, something that Howard believed was important. Within days of Howard's death, former Miami Edison Senior High School teammate Chris Chancellor, then playing cornerback for the Clemson Tigers, paid tribute to Howard by changing his number from 38 to 6. During the Fiesta Bowl on January 1, 2011 against the Oklahoma Sooners, teammate Kashif Moore wore Jasper's number six jersey in tribute. Tribute songs were made by Little Haiti rapper Hollywoodyo, entitled "For The Dead".
On November 1, 2014, during that year's Homecoming, UConn unveiled a monument dedicated to Howard at Rentschler Field in front of the scoreboard on the concourse level. The monument was funded in part by a donation from Howard's former coach Randy Edsall, then head coach at the University of Maryland, who made an appearance at the ceremony via a recorded message played on the video board. More than 30 former teammates of Howard were present at the ceremony – including his best friends on the team, Andre Dixon and Kashif Moore – as well as greater than 30 members of Howard's extended family including his fiancée Daneisha Freeman and daughter Ja’Miya. Freeman later wrote a book titled Miya’s Guardian Angel about what she described as an “angel concept”. | WIKI |
Vegayammapeta
Vegayammapeta is a village in the municipality of Ramachandrapuram, East Godavari, in the Indian state of Andhra Pradesh. | WIKI |
Coat of arms of Vågsøy
The coat of arms of Vågsøy is an official symbol for Vågsøy Municipality in Sogn og Fjordane county, Norway. The coat of arms depicts two rudders in silver on a blue background. The rudders are of the special kind that are traditionally used on boats in the area. The arms symbolize guidance or control on land and sea. The coat of arms was designed by the artist Inge Rotevatn. | WIKI |
Result caching has been around since Oracle database 11g release 1, but it was only recently that I was introduced to its full benefits in PL/SQL functions. I was at a client site last month looking at a very poorly-written query that included millions of calls to PL/SQL functions, one for every row queried. The query had a ton of optimizer hints and still took hours to execute.
A colleague of mine at the Accenture Enkitec Group who is an Oracle developer by trade put forth that enabling result caching in the PL/SQL functions called could make a big difference in query performance without changing the actual query. I had heard of result caching when querying tables, but had not used it before nor its PL/SQL function variation. After enabling the result caching in the functions called by the previously-mentioned query, performance was dramatically increased. I am now a believer and I want to make you one as well.
I set up a simple demonstration on a 11g release 1 database. Here is my test table:
SQL> desc jontab
Name Null? Type
—————————————– ——– —————————-
ID1 NUMBER
LABEL1 VARCHAR2(15)
PI1 NUMBER
DATE1 DATE
URL1 VARCHAR2(500)
ID2 NUMBER
LABEL2 VARCHAR2(15)
PI2 NUMBER
DATE2 DATE
URL2 VARCHAR2(500)
ID3 NUMBER
LABEL3 VARCHAR2(15)
PI3 NUMBER
DATE3 DATE
URL3 VARCHAR2(500)
ID4 NUMBER
LABEL4 VARCHAR2(15)
PI4 NUMBER
DATE4 DATE
URL4 VARCHAR2(500)
ID5 NUMBER
LABEL5 VARCHAR2(15)
PI5 NUMBER
DATE5 DATE
URL5 VARCHAR2(500)
SQL> select count(*)
2 from jontab;
COUNT(*)
———-
1048576
Now a simple PL/SQL function for testing:
create or replace FUNCTION jonfunc (employee_id_in IN number)
RETURN number
AS
v_empno number;
BEGIN
SELECT empno
INTO v_empno
FROM scott.emp
WHERE empno = employee_id_in;
RETURN v_empno;
EXCEPTION
WHEN NO_DATA_FOUND
THEN
/* Return an empty record. */
RETURN 0;
END jonfunc;
/
I compared the data in the scott.emp table with the column data I planned to use in my test table and the function will NEVER return a value other than zero.
Now I need to run a test query and trace it. I use the level 12 of the 10046 event in order to get the most complete information I can. The tracefile_identifier is just to make identifying the trace file easier:
alter session set statistics_level=ALL;
alter session set tracefile_identifier = ‘jon_trace’;
alter session set events = ‘10046 TRACE NAME CONTEXT FOREVER, LEVEL 12’;
select id1, jonfunc(id1)
from jontab;
alter session set events = ‘10046 TRACE NAME CONTEXT OFF’;
I then processed the trace file using tkprof, sorting it by query execution time in descending order:
tkprof jon11g_ora_3308_jon_trace.trc output.log sort=EXEELA,FCHELA
Here is the particular session regarding the calls to our test function:
SQL ID: 5r2ba62345bqa
Plan Hash: 56244932
SELECT EMPNO
FROM
SCOTT.EMP WHERE EMPNO = :B1
call count cpu elapsed disk query current rows
——- —— ——– ———- ———- ———- ———- ———-
Parse 0 0.00 0.00 0 0 0 0
Execute 1048572 56.97 72.48 0 0 0 0
Fetch 1048572 4.26 6.56 0 1048572 0 0
——- —— ——– ———- ———- ———- ———- ———-
total 2097144 61.23 79.05 0 1048572 0 0
Misses in library cache during parse: 0
Optimizer mode: ALL_ROWS
Parsing user id: 92 (recursive depth: 1)
Elapsed times include waiting on following events:
Event waited on Times Max. Wait Total Waited
—————————————- Waited ———- ————
SQL*Net message to client 1 0.00 0.00
SQL*Net message from client 1 14.47 14.47
latch: shared pool 51 0.00 0.03
********************************************************************************
There were 1048572 calls to this function taking a total elapsed time of 79 seconds. Let’s enable result caching in the test function:
create or replace FUNCTION jonfunc (employee_id_in IN number)
RETURN number
RESULT_CACHE --enabling result caching
AS
v_empno number;
BEGIN
SELECT empno
INTO v_empno
FROM scott.emp
WHERE empno = employee_id_in;
RETURN v_empno;
EXCEPTION
WHEN NO_DATA_FOUND
THEN
/* Return an empty record. */
RETURN 0;
END jonfunc;
/
After rerunning the test query and processing the resulting trace file:
SQL ID: 5r2ba62345bqa
Plan Hash: 56244932
SELECT EMPNO
FROM
SCOTT.EMP WHERE EMPNO = :B1
call count cpu elapsed disk query current rows
——- —— ——– ———- ———- ———- ———- ———-
Parse 1 0.00 0.00 0 0 0 0
Execute 1 0.00 0.00 0 0 0 0
Fetch 1 0.00 0.00 0 1 0 0
——- —— ——– ———- ———- ———- ———- ———-
total 3 0.00 0.00 0 1 0 0
Misses in library cache during parse: 1
Misses in library cache during execute: 1
Optimizer mode: ALL_ROWS
Parsing user id: 92 (recursive depth: 1)
Rows Row Source Operation
——- —————————————————
0 INDEX UNIQUE SCAN PK_EMP (cr=1 pr=0 pw=0 time=0 us cost=0 size=4 card=1)(object id 73202)
********************************************************************************
There was now only one execution of this function which resulted in sub-second performance removing the entire 79 seconds from the previous execution. It used the result cache exclusively after the first execution since it returned the same value for all subsequent calls.
There is also an option for the result caching enabling that can be used to invalidate the cache whenever a change occurs in the underlying table. After the result cache is invalidated (cleared), the next call causes an actual execution to create the cache once more. The option could have been used in the test function with this modified line:
RESULT_CACHE relies on(emp);
I hope that this simple demonstration has convinced you of the usefulness of this option.
Update:
In Oracle version 11g, both release 1 and 2, you cannot enable result caching in a function with invoker rights (i.e. AUTHID CURRENT_USER clause). If you do, you will receive the following error during compilation:
PLS-00999: implementation restriction
(may be temporary) RESULT_CACHE is
disallowed on subprograms in
Invoker-Rights modules
This limitation is fixed in Oracle version 12c. As a work around, you can place the ivoker rights in a package or procedure that calls the function with result caching enabled.
Update 12/22/17
A recent performance problem on a new supercluster M7 environment forced the removal of result caching at the database level in order to remove enq: RC – Result Cache: Contention waits that were causing serious bottlenecks. Code that utilized result caching was migrated from a non-engineered three-node RAC environment to the supercluster containing four RAC nodes. After the migration, the result cache-enabled code would run for hours, much longer than anticipated on a more powerful system. A trace of the session revealed a large amount of the enq: RC – Result Cache: Contention waits. It was first thought that an increase to the result_cache_max_size initialization parameter was needed, since the default value was being used. An increase brought no relief of these waits, however. Oracle Support suggested setting the result_cache_max_size initialization parameter to zero to disable the cache. No code change was necessary since disabling the result cache would result in ignoring the result cache calls in the code. Once the result cache was disabled, the program execution completed in minutes. It is not clearly understood yet why the result caching exhibited this type of behavior in an engineered system, but it is recommended to disable the result cache if this type of wait is seen.
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Connecting to %s | ESSENTIALAI-STEM |
Structural Biochemistry/Evolutionary Bases
Related closely to the study of genetics, evolution observe the changes in heredity and genes of an organism from one generation to the next. This can be best exemplified in the evolution of eukaryotic organisms leading to more complex living beings such as animals and humans.
Evolution occur with the slight changes in the genes called mutations. Organisms have the innate ability to survive. Therefore, mutation occurs in order to satisfy natural selection where only favorable traits that will be beneficial for survival can be passed down to future generations. Another mechanism for evolution is called the genetic drift. This process occur independently which produces random changes in the traits of a population. This is the mechanism that is responsible for the emergence of new species.
Since biochemistry studies the mutations that occur in the genes as well as the relationship between a certain gene, cell, or biological molecule from another, the study of biochemistry work collaboratively with genetics to produce evolution trees that enable scientists to see relationships of one organism from another as well as how closely related they are.
Evolution refers to the processes that have transformed life on Earth from its earliest forms to the vast diversity that characterizes it today. Darwin addressed the diversity or organisms, their origins and relationships, their similarities and differences, their geographical distribution and their adaptation to their surround environments.
Life originated about 3.5 billion years ago, the first form of life was most likely a membrane-closed cell containing self-replication macromolecules molecule. Speculation supposes the components of the first cell may have been produced near thermals vents of the sea bottom or other areas of high temperature where atmospheric molecules such as CO2 and NH3 are present. One famous experiment that demonstrated biological molecules could have been formed from inorganic components is the Miller-Urey Experiment. The two scientists recreated the environment of early earth in a flask and found that the monomer basis of macromolecules were formed.
Pre-Biotic Theories
Pre-biotic theories attempt to explain the origins of life, more specifically the creation of complex organic chemical structures from that of inorganic chemicals. The earliest chemical explanations have stemmed from Oparin’s book, The Origin of Life. Oparin’s theory was notable for setting a starting point as an experimentally provable pre-biotic theory. Most biochemical based pre-biotic theories stem from modifications or revisions of Oparin’s original theory. The Miller-Urey Experiment simulated the conditions set by Oparin's hypothesis and provided verifiable data in support of the pre-biotic theory.
Oparin's Theory
Oparin's theory on the evolution of life from inorganic matter is called the Pre-Biotic Theory. According to Oparin, early atmosphere was very different from today's atmosphere. The atmosphere was very chemically reductive, consisting of methane, ammonia, hydrogen, and water. Through the action of unfiltered solar radiation, as the earth's atmosphere was less protective, the reductive chemicals would react. These reactions would chemically attack one-another, forming organic molecules which would gather due to various molecular interactions, forming a "primeval soup". Within the "primeval soup" organic molecules would form coacervates, assorted chemical compounds attracted throughhydrophobic forces; such coacervates would allow semi-closed systems in which basic organic metabolisms could form. Chemical reactions would increase in complexity and size, eventually forming amino acids. These reactions were hypothesized to be the origins of modern protein structures. However, there are several problems with Oparin's theory. Oparin stated that the atmosphere was strongly reductive, as oxidative attack would have destroyed more complex amino acids. However, without oxidizing gases, no ozone layer would have blocked up excess solar radiation which would eventually split the nitrous gasses into their respective components. To some extent, the containment that a coacervate would provide is sufficient, but it is not a complete explanation or solution to the pre-biotic theory.
The Early Earth
Earth's early atmosphere was quite different from the way it is today. The hypothesis is that Earth's atmosphere has evolved many times to lead the its present atmosphere. Today's atmosphere consists mainly of Carbon, Nitrogen, Oxygen, and Hydrogen. The most popular theory about the early atmosphere is that it contained very little oxygen, and was composed mainly of ammonia, methane, hydrogen, and water. With the aid of nature's forces of lighting, erupting volcanoes, and UV irradiation, the atmosphere was able to evolve.The early atmosphere was believed to contain large amounts of hydrogen which would explain how the atmosphere evolved through oxygen reduction. The Miller-Urey experiment was able to test this hypothesis. Using only the elements that were thought to be contained in the atmosphere and electric sparks to imitate lightning, the experiment proved that it was possible for Earth's atmosphere to evolved into what it is today.The Miller-Urey experiment paved the road towards the formation of living organisms throughout the atmospheric evolution. The experiment resulted in gaseous and water phases. The gaseous phase produced carbon dioxide and carbon monoxide, while the water phase contained various compounds like aldehydes, amino acids, and hydroxy acids. This showed that the hypothesis that abiotic production of biomolecules could be possible. As more detailed experiments were tested, data showed that polypeptides and RNA-like molecules could be produced with this atmosphere.There is also evidence that life could have developed only in the early times. Some chemicals reactions like those involving amino acids would require very little oxygen be present. The early atmosphere would also explain the existence of anaerobic life forms. Many experiments have led to the conclusion that the amount of oxygen in the atmosphere has increased overtime.
* Atmospheric Contents
In 2006, an alternative source of organic compounds was proposed: outer space. Studies from the Stardust space mission brought back tiny particles of dust from the tail of a comet which contained a variety of organic compounds.
The Primordial sea is the collection of all the oceans on Earth that were thought to be the beginning to the development of multicellular organisms. As early earth was evolving, many organic molecules existed and were unable to replicate itself. However, since multicellular organisms were thought to have not existed at that time, organic molecules were able to somehow provide the proper environment for chemical evolution. Complex polymers were able to form in such environments as well, but this formation was not a simple process. The Primordial soup refers to the Miller-Urey experiment as well, since it involved making an ocean that was thought to exist in early times.
* Primordial Sea/Soup
The Miller-Urey Experiment
In 1953, Stanley Miller and Harold Urey (at that time at the University of Chicago), constructed an experiment within Urey’s Lab to simulate the early earth conditions that were postulated to have existed by the Oparin hypothesis. The experiment consisted of a closed system with both a liquid phase and an “atmosphere” phase (See figure below). Within the “atmosphere” bulb were NH3, CH4, and H2 gases (ammonia, methane, and hydrogen respectively), thought to have been common in the earth’s early atmosphere due to extensive volcanic activity. The liquid phase contained water that was boiled to produce water vapor. This vapor would flow into the gas container and would be exposed to electrical sparks produced by electrodes. These sparks served to simulate the frequent lightning thought to have been familiar on the early earth. The gasses in this bulb were constantly cycled through the system using a condenser to simulate rain. The compounds would be removed from the “atmosphere” stage and would be collected back in the liquid phase, serving as a representation of the primordial sea. The experimental conditions were maintained for long lengths of time, sometimes extending to as long as a week or more. Samples were periodically taken from the “sea” phase for analysis.
Analysis of the samples taken from the system revealed the presence of organic compounds that had formed. The panel of compounds discovered included HCN, aldehydes, hydroxy acids, amino acids and simple nucleotides; among these were alanine and glutamic acid. The gas phase was found to contain high concentrations of both CO and CO2 as well. The presence of these compounds led Miller and Urey to conclude that the organic compounds that are necessary to early life and proto-life could form abiotically in a strongly reducing environment under the conditions hypothesized to have existed on the early earth.
A schematic view of the famous Miller-Urey (AKA Urey-Miller) Experiment.
RNA World Hypothesis
Main Article: RNA World Hypothesis.
biochemical theory is a mutual dependence between nucleic acids that encode genetic information and the enzymes that catalyze their replication. However, RNA or Related precursors may have been the first genes and catalysts, preceding both DNA and proteins. RNA developed over time from a primordial soup of the early Earth. Nucleotides were one of the components of this atmosphere, and eventually sequenced spontaneously into an early form of RNA. RNA was discovered to have catalytic properties with the possibility of storing genetic information and self replication. Mutations over time could have enhanced these self replicating properties of RNA and perpetuate them further. Therefore, more RNA molecules formed and evolved exponentially to create more efficient peptide sequences and ways of replication. Soon, new variants of self replicating RNA developed, again through mutations, with the ability to catalyze the condensation of amino acids into peptides. Eventually, one of these peptides would form and assist the self replicating ability of RNA generating increasingly efficient self replicating systems. The fact that ribosomes, RNA molecules, not proteins, catalyze the formation of peptide bonds is consistent with this theory. DNA has the complementary sequence to RNA, and so it is thought to have evolved from RNA and took over its function of conserving the genetic information. DNA took over RNA's role as the storage of genetic information because its structure is more stable than that of RNA. These characteristics lead to the hypothesis that RNA led to DNA and protein formation.
RNA, DNA, and Proteins: The Evolution of Biochemical Diversity
RNA, not DNA, is believed to be the first genetic material. These primitive RNA, however short and simple, were able to duplicate themselves, catalyze the process, as well as splice their own introns. As RNA grows more in size and complexity, it acquires the ability to fold itself. The rate of mutations also increases as the fidelity of RNA becomes lower due to the ever-growing complication. Because of RNA's domination in the field of inheritable information, this predated era is known as 'RNA World'.
RNA shows great durability, which is crucial for genetic information is not to be degraded. However, as DNA came into existence, RNA's stability paled in comparison. The ribose ring of RNA contain two alcohol functional groups, making RNA more vulnerable to base-catalyzed hydrolysis, while DNA only has one, which in turn increases its stability. The reverse transcription of RNA into DNA is carried out using a specific enzyme much similar to that which HIV virus uses to turn its viral RNA back into DNA and integrate it into the host's genetic components.
Using knowledge of biochemistry, geneticists also discovered that DNA can specialize, with different functions taking up different portions of genes. Some contain codes for message relaying, while others may have information on reproduction, etc. Specialization not only makes a cell more efficient, but also predictable. In application of genetics such as medicine, researchers have been able to identify the genes responsible for corresponding vulnerabilities, ranging from physiologically to psychologically. A genome then can serve as a historical record, tracking a species change as it moves through time.
While DNA becomes the blueprint, proteins assume the role of cellular activity regulator and conductor. When two proteins are derived from two different genes with similar sequence, they are homologs. Homologs can be further divided into two subunits, paralogs, when those proteins occur in the same species, and orthologs, when they take place in different species. By studying these occurrence, scientists can determine the path of evolution that different species have taken, as these finding are very valuable when constructing phylogeny.
Distinguishing Features of Living Organisms
* Complex Internal Structures, there is a high degree of chemical complexity and microscopic organization. Thousands of molecules allow cells to maintain a very intricate interal structure, which include long polymers, each with characteristic sequences of subunits, its unique 3D strucutre and specific selection of binding sites.
* Systems are able to maintain equilibrium by extracting, transforming and using energy from the environment. This enables organisms to do mechanical, chemical and osmotic work.
* Reproduction, with defined function of organism's components, organisms are interacting with one another The interplay between organism have allowed changed in components that cause coordination and compensation to necessary adaptation to environment.
* Mechanisms for sensing and responding to alterations in organism environments A constant adjusting of internal chemistry in order to adapt to change in their local enivorment for better survival.
* Ability for precise self-replication and self-assemblyConstruction of entirely complete genetic material in each and every individual cell unique to the organism.
* A capability to evolve over time This fundamental unity of the living organism is reflected at the molecular level in similarities of gene sequences and protein structures.
Emergence of Polymers
While the Miller-Urey experiment did provide a possible origin for organic monomers like amino acids and nucleic acids, there was no evidence of complex polymers in the samples collected during the experiment.
Several scientists have postulated that the creation of some polymers (i.e. polypeptides and small proteins) may have been facilitated by hot clay or sand poking out of the primordial sea. Other theories predict that the formation of the polymers was aided by mineral or metal catalysts in this sand or clay.
Researchers have tested this hypothesis by dripping small amounts of amino acid- or nucleic acid-rich solutions onto hot clay or sand. In many cases, the monomers would spontaneously link to form polymers, in the absence of a catalyst. However, the polypeptides formed in this process were often cross-linked and tangled and did not resemble current day proteins. Nevertheless, some of these molecules had minor catalytic capabilities, and may have participated in some reactions in this early earth.
The Protocell and Protobionts
Protobionts primitively resemble a version of a cell, sans the "life" part of the equation. Protobionts were a collection of organic molecules and other abiotic products contained in a membrane-like structure. The membrane was commonly composed of an aggregate of hydrophobic molecules that would arrange in a bilayer, similar to the phospholipid bilayer of a plasma membrane. These membranous structures likely formed in the same manner as micelles form in aqueous solution.
Protobionts have been generated in a laboratory setting as well in the form of liposomes. These liposomes are remarkable in that the hydrophobic bilayer that surrounds the inner solution is usually selectively permeable. This selective permeability allows the liposome to store an internal solutions that varies from the surrounding media. Due to this permeability, and diffusion some of these liposomes are even able to maintain a gradient across this hydrophobic bilayer. Some of these liposomes have been seen to split into smaller bodies, although perfect replication is not observed. Liposomes are considered to be a possible model for the protocell.
First Cells Used Inorganic Chemical Fuels
The earliest cells arose in a reducing atmosphere (no oxygen) and most likely obtained energy from abundant inorganic fuels present on the early Earth.
Most likely, the primitive unicellular organisms gradually acquired ability to derive energy from compounds from the environment however, through evolutionary years organisms started to use energy to synthesized more of their own precursors molecules. Thus, organisms became less dependent upon the external sources.
For example, photosynthesis occurred through the development of pigments capable of converting light energy or "fix" CO2 into organic compounds. This evolutionary change allowed plants to become more self-efficient in surviving in their environment.
Since the atmosphere of early Earth consisted on little to almost no O2, the earliest cells were anaerobic, organisms that do not depend upon the presence of O2. However, with the rise of O2, produced by the photosynethetic bacteria, the atmosphere became progressively richer in O2. O2 is a powerful oxidant and deadly poisons to anaerobics. Advantages of aerobic organism over their anaerobic counterparts in the rich O2 environment, led to the dominance of aerobic organisms in O2 rich environments. This proposed time of O2 rich environment develop suggest a support of Darwin's Theory of "survival of the fittest" for the aerobic organisms were able to prosper in the environment due to their adaptive evolution.
Molecular Anatomy
Studying biological evolution has allowed biochemists to trace information of molecular anatomy. Molecular anatomy reveals evolutionary relationships. Molecular phylogeny is consistent with, yet more precise than classical macroscopic phylogeny. Molecular structures and mechanisms are remarkably similar from the simplest to the most complex organisms. DNA sequences are said to be homologous when two genes share sequencing similarities and the proteins they encode are called homologs. The homologous genes are said to be paralogous if they occur within the same species and the proteins they produce are called paralogs. Usually, paralogs have similar three-dimensional structure, but acquire different functions during evolution. On the other hand, two homologous genes found in different species are said to be orthologous and their protein products are othologs. Usually, orthologs are found to have the same function. Thus, functions of gene products can be guessed from the genomic sequence. The differences between homologous genes can be a rough measurement of how far two species have diverged during evolution. The larger the number of sequence differences, the earlier the divergence in evolutionary history.
Darwin: On the Origin of Species
Charles Darwin's Evolution Theory stated "survival of the fittest" under selective pressure, led to the idea of natural selection. Darwin claimed that mutant cells and its progeny would survive and prosper in new environments whereas wild-type (unmutated cells) cells should starve and be eliminated.
1) Species were not created in their present forms, but have evolved from ancestral species, this is not dependent upon natural selection.
2) Natural Selection is a mechanism for evolution which details that a population of organisms can change over time as a result of individuals with certain heritable traits considered favorable for their environment, are able to leave more offspring than other individuals.
Natural Selection
According to Charles Darwin, natural selection is a phenomenon by which organisms with favorable hereditary traits become successful and dominant in survival and reproducing. Organisms with traits that are unsuitable for survival are unfavored by nature and therefore die out. This process acts on the phenotype, or the appearance of the organism. The phenotypes that an organism have acquired are a result of random mutations in its genetic code, or genotype. This means that the entire course of life on earth was directed by random mutations in the genetic code of countless organisms and that these mutations are acted upon by nonrandom environmental forces that favor a particular trait. Overall, this mechanism allows the possibility of the emergence of new species of organisms that may adapt to their environments and thrive. In conclusion, the process of natural selection favors genes that have survival value for organisms in ever changing environments. Christopher Exley from Keele University praised Darwin's idea of natural selection as a force of nature. He emphasized in his paper, "Darwin, Natural Selection and the Biological Essentiality of Aluminium and Silicon," that natural selection is important in biochemical evolution as it is in speciation and that it also defined the essentiality of elements such as aluminium and silicon. Despite the fact that aluminium and silicon are both abundant in Earth, aluminium has no essential role in the biological system while silicon is considered essential biologically. Silicon participated in natural selection partially by helping aluminium to be selected out of the biological system in unreactive form through reacting with aluminium to form HAS (hydroxyaluminosilicates), which protects the biological system against toxicity of aluminium. This significantly reduced the biological availability of aluminium as well as its biological reactivity with the biooragnic compounds, leaving aluminium out of the biochemical evolution (non-participation in natural selection). Therefore, natural selection, as a force of nature, defines that silicon, which reacts with bioinorganic compounds such as metals to keep the biological system safe, is essential while aluminium has no essentiality in the biological system due to lack of biological availability.
Mutations
In DNA replication, mistakes, known as genetic mutations, always occur, which causes changes in the DNA sequence. Imperfections in replication leads to changes in the DNA, producing genetic mutations. Genetic mutations can be extremely harmful if they are passed down through reproductive cells because the mutations can cause certain functions in the body, such as enzymatic reactions, to not occur. However, even though mutations are unwanted, they allow cells to evolve and become stronger. Mutations allow cells to do things that they were not able to do before. Occasionally a mutation better equips an organism or cell to survive in its environment. Hence, even though it is a mutant, if it is trying to survive in a new environment and there is an abundant amount of it, it will be able to survive in that environment better than the wild type cells, which will cause the wild type to die off and become limited. The mutant cell would have a selective advantage over the other unmutated "wild type" cells. Eventually, the wild type cells would starve and be eliminated. Sometimes, genes accidentally create a second copy of itself during DNA replication due to a mutation. The second copy is not necessary, and mutations to this gene will not be damaging. Thus, this allows the gene to have a new function while keeping the old one. As this occurs numerous times, another unexpected mutation occurs to the second copy and causes sequencing and the protein formed from this sequence to be altered. For example, as a hexokinase gene went through DNA replication, it faced a mutation, which created a duplication of it. That duplicate gene encountered another error, causing it to form a copy of the original gene and a copy of a mutated duplicated gene that can have different abilities. In some cases, these mutations actually help the formation of a new gene to evolve. DNA has evolved a plenty through time because of mutations. Moderate amounts of mutations allow DNA to grow and have variation, which accounts for the diversity of organisms.
Types of Mutations There are two basic categories of mutations that occur during DNA replication. They are:
* Point Mutations, in which a single nitrogen base is changed. For example, given the sequence: GATTACA. A point mutation may result in this combination: GATAACA. Usually, the point mutations only change a pyrimidine base with another pyrimidine base, or a purine with another purine. These mutations are known as transition point mutations, and are far more common than their counterpart, the transversions, which change a purine for a pyrimidine, and vice versa. The transition mutations are also grouped into nonsense, missense, and silent mutations. Nonsense mutations involve the accidental coding of a stop sequence, which can lead to a far shorter protein that originally planned. Missense mutations cause coding for a completely different protein, and silent mutations are ones in which the protein in unaffected. They can code for the same or different amino acid, but one that doesn't affect the structure and function of the molecule as a whole.
* Frameshift Mutations, in which an addition or a deletion of a nitrogen base causes a shift of frame for the protein synthesis. For example, if the ribosome is loading the molecule three nitrogen base pairs at a time, and originally it plans on separating the following as such: /GAT/TAC/A. A frame shift would either look like this, with an addition, /AGA/TTA/CA, or with a deletion, /ATT/ACA.
Pros of Mutations
Cons of Mutations , in which a point mutation causes the cells to be misshapen and cluster and inhibit proper blood flow, resulting in severe pain throughout the body. UV radiation or exposure to carcinogens, can cause the occasional mutations to accumulate and cause cancer. It is said the mutation accumulation in the body is also a contributor to the aging process.
* Mutants can acquire different specificity that may be more advantageous or better suited for their environment, and therefore lead to a higher survival rate along with propagation of that mutation in the species gene pool. Introducing a fertile mutant into a species allows for a wider range of genetic differences than increases the virility of such.
* Mutations in DNA may be harmful or even lethal because defects may occur and may cause deletions or denaturazation of enzymes or other necessary specificities required for living, resulting defectives may render incapability of completing proper functions. For example, many human genetic diseases are due to mutations in the DNA. Mutations in DNA may be harmful and even lethal. In the bacteria Escherichia coli, E.coli, when a point mutation is made in specific strains of DH5-alpha cells, the bacteria become dominant lethal, which causes the growth to completely cease and terminates the cells. It is said that many errors in replication can cause diseases such as [[Structural Biochemistry/Protein function/Heme group/Hemoglobin/Sickle disease
* sickle cell anemia]]
* Inheritable mutations allow organisms to become more suited for survival in an ecological niche and prosper in reproduction towards preferential selected traits. The process of mutations and natural selection is based on the theory of Darwinism evolution, which states that the fundamental similarities among all living organisms deriving from the very beginning, the first single cell.
Genomes
The sequence of the genome, the complete genetic endowment of an organism gives biochemists an enormously ri9ch and ever increasing treasury of information that can be used to analyze evolutionary relationships and refine evolutionary theory. Through evolution, structures, processes, and mechanisms are reflected in the changing genomes of evolving organisms. Therefore, comparison of whole genomes of species in each phylum class are leading to clarification and identification of genes critical to the fundamental evolutionary changes in the body plan and development.
With sequences as quantitative comparison is possible and therefore will lead to better insight into the evolutionary process where similarities are often found among living organisms and difference will shed light upon the genetic reasons for diversity among the organisms. By identifying pathways (sets of enzymes) encoded in genome, can allow biochemists and geneticists to learn more about the genetic material of organism as well as deduce from the genomic sequence alone the organism's metabolic capabilities.
The genome for 100s of bacteria, 40 archaea, and numerous eukaryotic micro-organisms are already known, and expanding.
Genomics
When the sequence of a genome is fully determined, and each gene is assigned a function, molecular geneticists can group genes according to processes, and thus find what fraction of the genome is allocated to each of a cell's activities. In general, the more complex an organism, the greater proportion of its genome is involved in the regulation of cellular processe.
Genes in E. coli, A. thaliana and H. sapiens consists of
* 40+% unknown function
* ~10-4% transporters
* ~6-2% encode proteins and RNA
With the newly acquired knowledge of the complete genome of organism from different branches of phylogentic tree provides insights into evolution that eventually benefit human medicine. Image:Full resolution
In Vitro Evolution
Also known as SELEX (Systematic Evolution of Ligands by Exponential enrichment), in vitro evolution is the study of RNA & DNA nucleotides and its natural selection on a microscopic scale. Study of RNA and DNA functions are carried out by putting together a mix of nucleotides and observing them outside of a cell (as opposed to the inside, which is referred to as in vivo evolution). The sample is put under conditions so as to promote survival competition between the nucleotides in the sample, this "competition" is usually in regard to the survival of a specific property of the nucleotide. The nucleotides that are shown to have dominant survival are subsequently amplified.
In vitro evolution has several purposes, the main one being the creation of a nucleotide or protein to perform specific functions. SELEX has also been used to predict the evolution of nucleotides with the assumption that stimulating a sample of nucleotides can procure what would be evolutionary fit. Adaptive mutations are induced and are used either to predict the evolutionary course of a sequence of nucleotides or and/or to optimize a molecule such as a protein to better perform a specific function. For example, it can be used to increase the binding affinity of an antibody, and it can also be used to predict the development of drug resistance.
The methodology of conducting in vitro evolution studies is constantly changing. Initially mutagenesis was procured via induction at the nucleotide level. However single point mutation of nucleotides through Polymerase Chain Reaction (PCR) was rather difficult because in some cases only a small fraction of an amino acid sample were accessible by this method. Mutagenesis done on the codon-level, such as the use of trinucleotide phosphoramidites, yield more practical results in that it is less cumbersome. An example of the efficacy between PCR and Codon-level mutagenesis can be drawn: in a situation where degeneracy is being introduced to a codon, 32 sequences of nucleotides are made whereas with codon-level mutagenesis only 20 are made. Amplification of the sample with the higher combination of sequence (PCR) become a burden later on when the excess nucleotides grow exponentially.
Vital to the utility of in vitro evolution is the ability to separate desirable mutations from a large mutant population. Generally, achieving mutations towards a given function requires rapid isolation of the individual proteins using techniques based on that desired function. Separation and screening are both valuable techniques used to assay libraries. Simple screening can be useful, but because significant and specific mutations require extensive mutant libraries, higher-throughput methods are required to reliably find individuals with the needed mutations. Thus, selections are often more useful because they can evaluate a larger quantity of mutants.
Intro Vitro evolution was first introduced by Sol Spiegelman in the 1960s. He extracted RNA from the Qخ² virus. Instead of using the traditional in vivo method of replication, Spielgeman used the extracted enzymes, RNA Q-b replicase (a viral RNA molecule) to synthesis RNA in the test tube. RNA begins to replicate without cellular reproduction. Through Spiegelman’s experiment, Darwin’s evolution theory of survival of the fittest proved to apply not only to organism but to molecule as well. The RNA coded to best fit into under the optimization condition will continue to multiple while the less competitive ones would die off from the limited resource of nucleotide in solution. As a result after several replication processes, the original 4,500 nucleotides bases have shrunken to a short 218 nucleotide bases, since shorter RNA stranded tends to replicate faster. The shorten RNA chain is denoted as the Spiegelman Monster.
There is much debate whether or not in vitro evolution can accurately portray the evolution which occurs in a cell (vivo evolution). However, recent studies by Miriam Barlow and Barry G. Hall at the University of Rochester have shown that in vitro evolution have strong similarities to vivo evolution. Their study took the evolution of the TEM-1 ß-lactamase gene in vitro and compared its evolutionary path to the naturally occurring evolution. The results of their study found that a large majority of the amino acid substitutions from vivo evolution were also found in the vitro evolution. The conclusion of the study is that in vitro evolutionary techniques can be used with confidence to predict the future evolution in genes.
Although in vitro research can serve as informative research on the molecular level, many proteins and cells work interdependently. Thus, in a test tube, many interactions and functions are not the same as in an organism as a whole.
Theory of the Acquisition of Mitochondria
See main article Structural Biochemistry/The Endosymbiotic Theory
One key difference between prokaryotic cells and eukaryotic cells are the presence of organelles in eukaryotic cells. Organelles are membrane bound “bodies” found in the cytoplasm of eukaryotic cells that carry out specific functions.
One popular theory of how these organelles were obtained is the endosymbiosis theory. This theory seeks to provide an explanation for the appearance of mitochondria and chloroplasts in eukaryotic cells. The central idea behind this theory is as follows:
One prokaryotic cell ingests (or is infected by) another prokaryotic cell. Each prokaryotic cell fails to destroy or digest the other cell. As a result, the smaller of the two cells remains alive inside the larger cell. In the case of mitochondria, the smaller of the two prokaryotic cells (an aerobic prokaryote) would have provided the host cell with a means of utilizing oxygen, while simultaneously gaining nutrients that are taken in by the host cell. This presents a symbiosis, where both a host and its symbiotic partner contribute to the wellbeing of each individual within the partnership.
A “secondary endosymbiosis” seeks to explain the presence of mitochondria and chloroplasts in plant cells and some protists.
Support for this theory include the presence of a double lipid bilayer (membrane) in mitochondria, and the presence of mitochondrial DNA.
* Whereas Eukaryotic cells acquired capacities for photosynthesis and oxidative phosphorylation from endosymbiotic bacteria, multicellular organisms developed specialized cell types that differentiated functions essential to organism’s survival. | WIKI |
-- Soho China 2012 Underlying Profit Doubles as More Sales Booked
Soho China Ltd. (410) , the biggest
developer in Beijing’s central business district, said 2012
underlying profit rose 1.4 times as more properties were
delivered during the year. Profit excluding revaluations climbed to 3.34 billion yuan
($537 million), from 1.42 billion yuan a year earlier, according
to a statement to the Hong Kong exchange. That compares with the
3.64 billion yuan median estimate of analysts surveyed by
Bloomberg News . Revenue rose 1.7 times to 15.3 billion yuan. Chief Executive Officer Zhang Xin last year steered the
company, which traditionally sold most of its projects, toward
what it called a build-and-hold model, away from a build-and-
sell model, to take advantage of more stable and predictable
rental income rather than sales proceeds. “A good earnings result wouldn’t be a surprise simply
because of the low base figures last year, and they were able to
deliver more properties from previous years,” Philip Tse, a
Hong Kong-based property analyst at ICBC International Research
Ltd., who rates the company a sell, said before today’s release.
“But what worries investors is their strategy changing as
investment projects is not the model they used to be good at.” Office rental growth in China will decelerate this year
because of the overall economic slowdown, according to property
broker Cushman & Wakefield Inc. Average rents for Beijing’s
grade-A offices increased by 0.4 percent in the fourth quarter
last year from the previous three-month period, signaling they
are approaching a mid-term peak after three years of rapid
growth, according to property broker Knight Frank LLP. Acquisition Mode Beijing-based Soho expects 2013 will be an attractive year
for acquisition opportunities and will focus on buying land and
projects in Shanghai and Beijing, Chairman Pan Shiyi said in
today’s statement. “Despite the differences in the growth rates of the two
cities during various periods, the steady overall rise in both
markets laid a solid foundation for our new development model
and strategy,” he said. “In China, this solid foundation
exists only in Beijing and Shanghai and is not present in
second-tier cities.” The company will reduce the retail exposure in its
portfolio in response to the growth of Internet shopping,
according to the statement. Retail facilities included in its
projects will mainly be so-called concept stores, it said. Soho posted 9.47 billion yuan of contracted sales in 2012.
Developers are required to obtain permits from local governments
prior to selling properties. Including property revaluations, net income rose 172
percent to 10.6 billion yuan, or 1.897 yuan a share, from 3.9
billion yuan, or a restated 0.716 yuan, a year earlier. Soho shares jumped 5 percent to HK$6.12 as of 1:01 p.m. in
Hong Kong. The stock has lost 1.1 percent this year, compared
with the Hang Seng Index (HSI) ’s 0.4 percent gain. To contact Bloomberg News staff for this story:
Bonnie Cao in Shanghai at
bcao4@bloomberg.net To contact the editor responsible for this story:
Andreea Papuc at
apapuc1@bloomberg.net | NEWS-MULTISOURCE |
Bardo Pond
Bardo Pond are an American psychedelic rock band formed in 1991, and who are currently signed to London-based label Fire Records. The current members are Michael Gibbons (guitar), John Gibbons (guitar), Isobel Sollenberger (flute and vocals), Clint Takeda (bass guitar) and Jason Kourkounis (drums). Bardo Pond's music is often classified as space rock, acid rock, post-rock, shoegazing, noise or psychedelic rock. Some Bardo Pond album titles have been derived from the names of esoteric psychedelic substances. Their sound has been likened to Pink Floyd, Spacemen 3 and My Bloody Valentine amongst others.
Allmusic describes Bardo Pond as having "lengthy, deliberate sound explorations filled with all the hallmarks of modern-day space rock: droning guitars, thick distortion, feedback, reverb, and washes of white noise." Bardo Pond are a taper-friendly band who encourage fans to make recordings of their shows.
Early years
According to guitarist Michael Gibbons, the band members came together post-university: "...we were basically just out of college, actually, and we just got really interested in free music, and that’s where it started. And we were artists too [a number of the band are visual artists]. So were just started playing free improvised sounds – it was really just kind of that love of making noise and sounds that got us together. Basically we didn’t really learn how to play songs until after about four years, and that’s when things started clicking, and we actually made up songs. But it’s still the same thing”. Joining with guitarist Clint Takeda, they began jamming, and Takeda gave the trio the name Bardo Pond, from the Tibetan Book of the Dead. At the same time, school chums Sollenberger and Sentz joined the group. The group released the first of several self-distributed cassettes, Shone Like a Ton, in 1992, before releasing Bufo Alvarius on Drunken Fish Records in 1995. Their next record, 1996's Amanita, marked the band's transition to Matador Records and international distribution.
Side projects
The members of Bardo Pond also operate a number of side projects.
500 mg is Michael Gibbons' solo project.
Alasehir is a psychedelic/stoner rock trio featuring Michael Gibbons, John Gibbons and Jason Kourkounis.
Alumbrados produces psychedelic folk/drone music and consists of Michael Gibbons, John Gibbons, Michael Zanghi and Aaron Igler.
Prairie Dog Flesh is more improvisational and rearranges the members of Bardo Pond with Takeda on vocals.
Hash Jar Tempo is a collaboration between Bardo Pond and Roy Montgomery. A pun on Ash Ra Tempel, this project resulted from two "marathon jam/recording sessions" between the two parties and produced two albums: Well Oiled (released in 1997, recorded in 1995) and Under Glass (released in 1999, recorded in 1998).
LSD Pond is a collaboration between Bardo Pond and Japanese psychedelic rock band LSD March. A self-titled album was released in 2008 and contains two discs with live recordings of two nights of jamming.
Moon Phantoms is a collaboration between Bardo Pond and Japanese psychedelic rock band Suishou No Fune. Their self-titled album was released in 2009.
Third Troll features Michael and John Gibbons (guitars), Sollenberger (flute), and includes Kevin Moist (saxophone) and Aaron Igler (synths).
Baikal conducts free form psych experiments. The band consists of John Gibbons, Michael Gibbons, Clint Takeda and Jason Kourkonis. They have released a self-titled album on Important Records.
Vapour Theories is a duo of Michael and John Gibbons. They have released three albums: 'Decant' (self-released), 'Joint Chiefs' (The Lotus Sound), and 'Celestial Scuzz' (Fire Records).
Jason Kourkounis participated as drummer 72 in the Boredoms' 77 Boadrum performance which occurred on July 7, 2007, at the Empire-Fulton Ferry State Park in Brooklyn, New York. He is also currently in Hot Snakes and The Night Marchers, and previously played drums for The Delta 72, The Burning Brides, and Mule (band).
Studio albums
* Shone Like a Ton (1992)
* No Hashish, No Change Money, No Sake Sake (1993)
* Bufo Alvarius (1995)
* Amanita (1996)
* Lapsed (1997)
* Set and Setting (1999)
* Vol. 1 (2000)
* Dilate (2001)
* Vol. II (2001)
* Vol. 3 (2002)
* Vol. IV (2002)
* Tigris/Euphrates split 12" with Subarachnoid Space (2002)
* On the Ellipse (2003)
* 4/23/03 with Tom Carter (2004)
* Vol. 5 (2004)
* Vol. 6 (2005)
* Ticket Crystals (2006)
* ''Batholith (2008)
* Circuit VIII (2008)
* Vol. 7 (2009)
* Peri (2009)
* Gazing at Shilla (2009)
* Bardo Pond (2010)
* Yntra (2012)
* Peace On Venus (2013)
* Parallelogram with Yo La Tengo (2015)
* Acid Guru Pond with Acid Mothers Temple and Guru Guru (2016)
* Under the Pines (2017)
* Vol. 8 (2018)
* Peel Sessions (2023)
* Vol. 9 (2024)
EPs
* Big Laughing Jym (1995)
* Slab (2000)
* Purposeful Availment (2002)
* Bog split with Buck Paco (2005)
* Adrop (2006)
* Keep Mother - Volume 5 split with PRE (2007)
* Split with Carlton Melton (2011)
* Rise Above It All (2013)
* Looking For Another Place (2014)
* Is There a Heaven? (2015)
Compilations
* Cypher Documents I (2004)
* Selections: Volumes I-IV 2005)
* Refulgo (2014) | WIKI |
Jean-Baptiste Ntidendereza
Jean-Baptiste Ntidendereza (31 May 1926 – 15 January 1963) was a Burundian politician. A co-founder of the Christian Democratic Party, he served as Minister of Interior of Burundi in 1961. He was later convicted of conspiring to kill Louis Rwagasore, a political opponent, and publicly executed.
Early life
Jean-Baptiste Ntidendereza was born on 31 May 1926 in Irabiro, Burundi. Ethnically, he was Ganwa of the Batare clan, and was a son of Pierre Baranyanka, a paramount chief with close relations to the Belgian colonial administration in Ruanda-Urundi. He was educated at the Groupe Scolaire d'Astrida, studying agriculture and administration.
Career
After completing his studies, Ntidendereza was made chief of Mutabo in 1943. From 1944 to 1960 he served as the chief of Bwambarangwe. In 1950 he accompanied Mwami Mwambutsa IV on his first trip to Europe. In 1954 he was made a member of the Supreme Land Council (Conseil Supérieur du Pays, CSP), an advisory body presided over by the Mwami with some responsibility over budgetary and administrative affairs. The CSP later went defunct and was supplanted on 22 February 1960 by the Provisional Commission, a body designed to study issues left unsolved by the CSP and work out immediate problems before national elections were held. Ntidendereza was placed on the commission.
On 5 February 1960 Ntindereza co-founded the Christian Democratic Party (Parti Démocratique Chrétien, PDC). His brother, Joseph Biroli, subsequently became the party's president. The PDC's main rival was the Union for National Progress (Union pour le Progres National, UPRONA) led by Prince Louis Rwagasore, a Ganwa of the Bezi clan. The PDC, unlike UPRONA, rejected calls for immediate independence and instead focused its platform on socioeconomic reform. Despite ideological differences, the rivalries between the two parties were primarily fueled by the intra-nobility conflicts, as the Bezi and Batare lineages backed UPRONA and PDC respectively. The two lineages had long struggled for control of the country. One of Ntidendereza's other brothers, Charles Baranyanka, joined UPRONA and became a diplomat.
The Belgian administration channeled financial aid to Ntidendereza and the PDC, particularly on the initiative of Assistant Resident Pierre DeFay. In November 1960 Urundi hosted communal elections. Rwagasore was placed under house arrest, hampering UPRONA's campaign, and the PDC emerged as the victor, winning 942 of 2,876 local offices. Ntidendereza's and DeFay's relationship later deteriorated, as Ntidendereza sought to loosen his connections to the administration and act independently of its wishes. In May 1961 Ntidendereza replaced Brioli as PDC president. The administration created an interim government led by Prime Minister Joseph Cimpaye based on the communal election results to lead the country until elections for the national legislature were held. On 6 July the government was modified and Ntidendereza was made Minister of Interior.
For the 1961 legislative elections, UPRONA concentrated its entire election campaign on Rwagasore, using his charisma to rally substantial support. The PDC had assumed a certain victory due to its success during the November 1960 municipal elections and began its election campaign late. To oppose UPRONA it formed a cartel with other parties, termed the Common Front (Front Commun). The elections were held on 18 September 1961. With approximately 80% voter turnout, UPRONA won 58 of 64 seats in the Legislative Assembly, and Rwagasore was declared prime minister designate.
Death
On 13 October 1961 Rwagasore was assassinated by a Greek national. Within three days the police had arrested the Greek, Ioannis Kageorgis, and three Burundian accomplices: Antoine Nahimana, Henri Ntakiyica, and Jean-Baptiste Ntakiyica. The latter three were all members of the PDC. The group quickly admitted responsibility for the murder and incriminated three other persons in their plot: Michel Iatrou, Ntidendereza, and Biroli. The investigators concluded that Ntidendereza and Biroli planned the assassination. Iatrou denied this, while Ntidendereza initially implicated himself in the conspiracy before later recanting his testimony.
On 30 June 1962, one day before Burundi's independence, Kageorgis was executed. Following independence Burundi established a Supreme Court with retroactive competence, and on 27 October it ruled the previous trials to have violated the right to judgement by a jury established by the new constitution and ordered a retrial. On 27 November the lower court found Ntidendereza, Biroli, Nahimana, Iatrou, and Ntakiyica guilty and sentenced them to death. The defendants' final appeal to the Supreme Court was denied, as were the attempts of the Belgian government to convince the Mwami to offer clemency, and on 15 January 1963 all five were publicly hanged in Gitega stadium before thousands of people. With the PDC's loss in the legislative elections and the execution of Ntidendereza and Biroli, the party ceased to be a viable political force. Ntidendereza and his brother were buried in the Mushasha cemetery in Gitega. | WIKI |
How to choose a single-point heating tube
- Mar 06, 2020-
There are many types of heating tube and their working temperature is also different. How to choose a suitable heating tube is what many customers want to know. Here are some aspects for reference.
Pay attention to the following:
1. Use: the confirmation of heating medium so that the manufacturer does not exceed the standard when design the power.
2. Selection of shape: it is determined by working environment and installment condition.
3. Power: customers provide the volume, surface area, initial temperature, expected heating time and final temperature requirements. The manufacturer calculated the power.
4. Sheath Materials: needs of high temperature resistance, corrosion resistance or compressive resistance?
5. Design it according to the surface load and feasible installment size.
6. Others: anti-shock, reservation cold end, section heating, water-proof, explosion-proof and so on. | ESSENTIALAI-STEM |
Talk:MapleStory/Bowman Guide
Yo Bowmen from Sleepywood, do as you will. Just be sure you add correct info, ya? --Dragontamer 07:37, 16 November 2005 (UTC)
WTF is with the vandals? --Dragontamer 04:38, 24 November 2005 (UTC)
Uh hello!
Aight, now that I got a reasonable guide up and running, I'd like to cut it down in size while keeping the same content. Basically, find shorter sentences to make the guide an easier read.--Dragontamer 20:01, 26 November 2005 (UTC)
Hey, why are we having that stupidly big image blocking the way? <IP_ADDRESS> 03:32, 1 December 2005 (UTC) Regal Star/MajesticMystic
* Edited, now it is smaller. --Dragontamer
Severe Update
I think a update is severely needed for the training spot suggestions, as more than half the monsters listed are horrible for those levels. This is including the fact that Ludibrium and Omega Sector (Mostly Ludi) have a wide variety of monsters that will become the "home" for archers from lv.30-50. Could someone please update the list, thanks! -<IP_ADDRESS> 09:50, 9 July 2006 (UTC)
* Severly needed? No, the training areas are fine. Ludibrium and Omega Sector options would make good additions, but they are by no means necessary for an archer from 30-50. -EMP Demon 12:37, 9 July 2006 (UTC)
* Well, I hate to pull this on you; but Frankly speaking; I have surpassed the lvl 30-50 area. I truely have no idea how Ludi or Omega Sector compares to say, Fire Boars at those levels. A lvl 60+ archer cannot see how good a lvl 30 spot is. If you really want an update, you should do it. --Dragontamer 15:38, 9 July 2006 (UTC) | WIKI |
Page:Eclogues; a book of poems.djvu/27
THE ORCHARD
GROTESQUE patterns of blue-grey mould
Cling to my barren apple-trees:
But in spring
Pale blossoms burst like little flowers
Along black wavering twigs:
And soon
Rains wash the cold frail petals
Downfalling like tremulous flakes
Even within my heart.
13 | WIKI |
Opportunities To Improve Wi-Fi Reception In Your Own Four Walls
Most internet users have probably already experienced this annoying situation: the WLAN router is positioned in the hallway, but the reception in the bedroom or kitchen leaves a lot to be desired.
This becomes a problem quickly when the smartphone often switches to “mobile data” mode without noticing. The monthly data volume is used up in a short time. Fortunately, however, there are practical approaches to solving this problem. These ensure that the WLAN reception in your own four walls is significantly improved without much effort.
The following article has tips on improving the Wi-Fi with a mesh network and which measures also lead to the Wi-Fi reception being optimized.
Establishment Of A Mesh Network
Those who want to improve their Wi-Fi reception in an exceptionally professional way should set up a mesh network. This is possible with specific devices, such as Google Wi-Fi.
This solution is still relatively new. It comprises several small devices positioned on the area on which the WLAN reception is to be improved. At least two devices are required for this, the communication of which takes place via a separate channel. One of the devices must be connected to the existing router as a base; the other devices act as satellite stations. The whole thing is then controlled via an app.
Optimizing The Router
In some cases, however, much less effort is sufficient. A lot can be changed, for example, by correctly placing the router.
If the wifi router is currently in a relatively small room, it should be placed more centrally in the apartment to improve reception. In addition, no massive pieces of furniture or other large objects should be placed directly in the router’s wireless range.
Check The Signal Strength
If this simple trick does not lead to the desired result, it is necessary to proceed more analytically. To find out which frequencies or channels the WLAN devices are running on, it is worth looking at the WLAN network.
Different test programs are available with which the environment can be searched for all WLAN networks, their channel, their frequency, and their location. The track and the router’s location must then be adjusted with this information.
Change Of Wifi Channel
The WLAN reception can also be significantly improved by changing the channel. As a rule, the router has 13 different tracks, some of which overlap.
However, channels 1, 6, and 11 are excluded from this overlap, which is why they can represent an excellent alternative to the current channel. Channels 9 and 10 should not be selected as these use the same frequency as microwaves. It is generally advisable to choose a channel three levels higher than the channels of the other routers in the vicinity.
Replacing The Antennas
With many wireless routers, it is possible to exchange the antennas. This allows more robust antennas, for example, from third-party providers, to be used.
However, it also depends on the orientation of the antennas. There are usually three pieces of them, one pointing vertically up, one horizontally to the side, and one horizontally up. If there are only two antennas, one should be oriented vertically and the other horizontally. This ensures that the WLAN signal is evenly distributed and can achieve a more excellent range.
Change Of Frequency
By default, the wireless routers work in the 2.4 gigahertz range. However, some models also support the field around 5 gigahertz – there is much less radio traffic on this.
In some cases, however, reception can also be improved by switching off the five gigahertz band. So a little trial and error are required here.
Run Updates
This tip is straightforward: the router’s firmware should be updated regularly to keep it up to date. In some cases, this is enough to improve the network quality significantly.
In addition, the security of the WLAN also benefits from the update, as it increases protection against unwanted hacker attacks.
Use Of W-LAN Repeaters
WLAN repeaters are an inexpensive and straightforward solution for improved WLAN reception. These devices amplify the weak signals. All you have to do is connect them to the existing WLAN.
However, with this approach, the repeater must be used in the areas where there is a good signal.
WLAN From The Socket
With the help of so-called powerline adapters, the WLAN can also come from the socket. There is no need to lay cables for this, and the prices for the corresponding devices are pretty affordable. Only a few sockets are occupied.
It must be noted that devices from different manufacturers are not necessarily compatible. Generally, two adapters are required, one of which is connected directly to the modem. The second adapter is placed where the WIFI is terrible.
Also Read: The Internet Is Getting To Work Faster And Faster
Tech Gloss
Tech Gloss is a site dedicated to publishing content on technology, business news, Gadget reviews, Marketing events, and the apps we use in our daily life. It's a great website that publishes genuine content with great passion and tenacity.
RELATED ARTICLES | ESSENTIALAI-STEM |
LR Swamy
Lakshmanayyar Rama Swamy (born 16 October 1944) is an author, translator and short story writer from Visakhapatnam, Andhra Pradesh. His work "Sufi Cheppina Katha" got the Sahitya Academy Award for Telugu Translation of Malayalam Novel "Sufi Paranja Katha" written by KP Ramanunni for the year 2015.
Biography
Swamy was born to TK Lakshmana Ayyar and Rajammall in 1944. His mother tongue is Tamil. His school education was completed in Thrissur, Kerala. He shifted to Visakhapatnam after he got a job in Andhra Petro Chemicals. Currently he is serving as President of Mosaic Literary Organisation and Sahridaya Sahiti. Swamy also translated well known Telugu writers poetry into Malayalam. This list includes N.Gopi, Sikhamani, P.Vijayalakshmi Pandit. He also translated stories of Gurajada Apparao, Kethu Vishwanatha Reddy and Jayanthi Paparao's stories in Malayalam. Translation of Mahakavi Srisri's Monograph and Divakarla Venkata Avadhani's Andhra Vagmaya Charitra are also in the credits of Shri.Swamy.
Telugu books
* Godavari Station (Collection of Stories)
* Aatavika Rajyam (Translation of stories written by Tamil author R.Natarajan)
* Sareeram oka Nagaram (Translation of Malayalam Poems written by K.Sacchidanandan)
* Sametala Kathalu (Mini Stories)
* Kathakasam (Collection of Stories)
* Sufi cheppina katha (Translation of Malayalam Novel written by K.P. Ramanunni)
* Pandavapuram (Translation of Malayalam Novel written by Sethu)
* Kathaswamyam (Collection of Stories)
* Loguttu Perumallukeruka (Collection of Stories)
* Folk songs of Kerala (Translation of songs written by K. Ayyappa Phanikar)
* Konda Dorasani (Translation of Malayalam Novel written by Narayan)
* Katha Keralam (Translation of Malayalam Stories)
* Mudralu (Translation of Malayalam Novel)
* Brahmarshi Sri Narayana Guru (Translation of book written by T.Baskaran)
* Katha Vaaradi (Translation of Malayalam Stories)
* KATHADOWTHYAM [Translation of Malayalam stories]
* SPANDANAAMAPINULAKU DHANYAVAADALU[Translation of Malayalamnovel]
* ALAGA, ALAGA KATHALU. [Collection of Telugu stories]
* Janappaana [Translation of Malayalam poem] | WIKI |
The Stacks project
Situation 98.24.2. Let $S$ be a locally Noetherian scheme. Let $\mathcal{X}$ be a category fibred in groupoids over $(\mathit{Sch}/S)_{fppf}$. Assume that $\mathcal{X}$ has (RS*) so that we can speak of the functor $T_ x(-)$, see Lemma 98.21.2. Let $U = \mathop{\mathrm{Spec}}(A)$ be an affine scheme of finite type over $S$ which maps into an affine open $\mathop{\mathrm{Spec}}(\Lambda )$. Let $x$ be an object of $\mathcal{X}$ over $U$. Assume we are given
1. a complex of $A$-modules $K^\bullet $,
2. a transformation of functors $T_ x(-) \to H^1(K^\bullet \otimes _ A^\mathbf {L} -)$,
3. for every deformation situation $(x, A' \to A)$ with kernel $I = \mathop{\mathrm{Ker}}(A' \to A)$ an element $o_ x(A') \in H^2(K^\bullet \otimes _ A^\mathbf {L} I)$
satisfying the following (minimal) conditions
1. the transformation $T_ x(-) \to H^1(K^\bullet \otimes _ A^\mathbf {L} -)$ is an isomorphism,
2. given a morphism $(x, A'' \to A) \to (x, A' \to A)$ of deformation situations the element $o_ x(A')$ maps to the element $o_ x(A'')$ via the map $H^2(K^\bullet \otimes _ A^\mathbf {L} I) \to H^2(K^\bullet \otimes _ A^\mathbf {L} I')$ where $I' = \mathop{\mathrm{Ker}}(A'' \to A)$, and
3. $x$ lifts to an object over $\mathop{\mathrm{Spec}}(A')$ if and only if $o_ x(A') = 0$.
It is possible to incorporate infinitesimal automorphisms as well, but we refrain from doing so in order to get the sharpest possible result.
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Page:Rosa Luxemburg - The Crisis in the German Social-Democracy (The "Junius" Pamplhet) - 1918.pdf/47
Rh German instructors with von der Goltz Pascha at the head. The modernization of the army, of course, piled new burdens upon the Turkish farmers, but it was a splendid business arrangement for Krupp and the Deutsche Bank. At the same time Turkish militarism became entirely dependent upon Prussian militarism, and became the centre of German ambitions in the Mediterranean and in Asia Minor.
That this "regeneration" of Turkey is a purely artificial attempt to galvanize a corpse, the fate of the Turkish revolutions best shows. In the first stage, while ideal considerations still predominated in the Young Turkish movement, when it was still fired with ambitious plans and illusions of a real springtime of life and of a rejuvenation for Turkey, its political sympathies were decidedly in favor of England. This country seemed to them to represent the ideal state of modern liberal rule, while Germany, which had so long played the role of protector of the holy regime of the old sultan was felt to be its natural opponent. For a while it seemed as if the revolution of 1908 would mean the bankruptcy of German oriental policies. It seemed certain that the overthrow of Abdul Hamid would go hand in hand with the downfall of German influence. As the Young Turks assumed power, however, and showed their complete inability to carry out any modern industrial, social or national reform on a large scale, as the counter-revolutionary hoof became more and more apparent, they turned of necessity to the tried and proven methods of Abdul Hamid, which meant periodic bloody massacres of oppressed peoples, goaded on until they flew at each other's throats, boundless, truly oriental exploitation of the farming population became the foundation of the nation. The artificial restoration of rule by force again became the most important consideration for "Young Turkey" and the traditional alliance of Abdul Hamid with Germany was reestablished as the deciding factor in the foreign policy of Turkey.
The multiplicity of national problems that threaten to | WIKI |
2009 BSI Challenger Lugano – Doubles
Rameez Junaid and Philipp Marx were the defenders of title, but they lost to Johan Brunström and Jean-Julien Rojer in the semifinal.
Pablo Cuevas and Sergio Roitman withdrew in the final, so Brunström and Rojer became the new champions.
Seeds
• # Pablo Cuevas / 🇦🇷 Sergio Roitman (final, withdrew)
• # 🇸🇪 Johan Brunström / Jean-Julien Rojer (champions)
• # 🇦🇺 Rameez Junaid / 🇩🇪 Philipp Marx (semifinals)
• # Jean-Claude Scherrer / 🇺🇸 Jim Thomas (first round) | WIKI |
-- Masters of the Universe Start to Challenge Ben Bernanke
It started subtly, about a month
ago, in the fed funds futures market, where investors had come
to view Federal Reserve Chairman Ben Bernanke ’s word as deed:
first, the August pledge to hold the benchmark rate near zero
until mid-2013; then, on Jan. 25 , the extension of that target
date to late 2014. Investors priced fed funds futures contracts accordingly.
At least they did until early February, when traders started to
challenge the Fed’s forecast ever so slightly. (The contracts
are cash-settled against the effective federal funds rate for
the particular delivery month.) The March 2014 contract, for example, peaked at a high of
99.77 on Jan. 30, an implied yield of 0.23 percent, within the
Fed’s current 0 to 0.25 percent target. The yield rose to 0.65
percent earlier this week. Volume and open interest shot up, as
well. Even the late-2013 contracts are starting to suggest zero
isn’t a sustainable equilibrium. Last week, the unthinkable happened: Long-term notes and
bonds took a shellacking even as the Fed gobbles up the
equivalent of the Treasury’s long-term issuance. Not content merely to project a path for overnight rates,
the Fed has engaged in several rounds of bond buying since 2009
-- more than $2 trillion of Treasuries and agency mortgage-
backed securities -- to ensure that long rates don’t start
thinking independently. A manipulated market leaves little room
for self-expression, even among those gun-slinging Masters of
the Universe. All Systems Go In keeping with its policy of greater openness, Bernanke
has made it clear that additional quantitative easing is on the
table. Economists at Goldman Sachs Group Inc. and Morgan Stanley
expect the Fed to announce another round of QE as soon as the
April 24-25 meeting -- even before the effort to drive down
long-term rates ends in June. (The Fed’s latest attempt to twist
the yield curve involves the purchase of $400 billion of longer-
term Treasuries and the sale of an equivalent amount of short-
term securities.) Listening to Bernanke and the core dovish camp on the
policy committee, it sure sounds as if the onus is on the data
to prevent the Fed from acting. For a central bank whose main focus is inflation
expectations (ours) and credibility (its own), appearing to be
out of touch is not a great credential. No one would argue that
a jobless rate of 8.3 percent represents full employment, one of
the Fed’s two mandates (the other is stable prices). But when
the Fed says it expects inflation to run “at or below the rate
that it judges most consistent with its dual mandate,” you have
to wonder what’s in that hookah they pass around the boardroom
table. Never mind that inflation has been running consistently
above the Fed’s announced goal of 2 percent. Why would the Fed,
with a $2.9 trillion balance sheet , a near-zero benchmark rate
for the fourth year running, and a recent history of inflating
asset bubbles, be so eager to provide more stimulus when the
economy is clearly improving? “It’s a simple formula,” says Vincent Reinhart , the chief
U.S. economist at Morgan Stanley and a former director of
monetary affairs at the U.S. central bank. “The Fed has a dual
mandate. It’s noticeably short on one, and the other is not a
risk. Therefore, it has a responsibility to act.” I’d add the qualifier “at the moment” to Reinhart’s “not
a risk.” The good news in last week’s consumer price index for
February was a 0.1 percent gain in the core rate, which excludes
food and energy. The year-over-year increase was 2.2 percent,
the first dip in the annual rate of change in 16 months. The Fed’s inflation forecast seems so out of whack, I
decided to dig into the February CPI. (The Fed prefers the
personal consumption expenditures price index, but the CPI
report offers a more detailed breakdown.) Plusses and Minuses I first went to Table 1 for the unadjusted year-over-year
changes in various categories. Not a lot of minus signs to
report. In fact, outside of information technology (computers),
energy services (electricity and natural gas), and fruits and
vegetables, prices are rising on an annual basis. Perhaps the Fed is worried about near-term disinflation. I
went to Table 2 for the three- and six-month trends. Same story.
Fruits and veggies, IT and energy services. Throw in a 7.3
percent decline in used-car and truck prices (seasonally
adjusted at an annual rate) and a 0.3 percent dip in apparel,
and that’s it for the negatives. Of course, the Fed’s Phillips-curve model says inflation
should be falling because of slack in the economy: specifically,
the 12.8 million people who are unemployed . Given the model’s
track record -- the Fed’s forecast has been consistently wrong
going into the recession and coming out of it -- I wouldn’t put
much faith in a series of equations. Bernanke seems to have a blind spot when it comes to
inflation, which is at odds with his advocacy of an inflation
target as an academic. Early in his first tour of duty at the
Fed as a governor from 2002 to 2005, Bernanke gave a speech on
“Deflation: Making Sure ‘It’ Doesn’t Happen Here.” Alan
Greenspan was pulling the strings at the time, but Bernanke was
among those advocating lower rates, which provided the tinder
for the housing bubble. All this leaves me flummoxed. I’ve been following the Fed
for 25 years, in which time the central bank moved from opacity
to transparency. Yet with all the light shining in, I have never
been more in the dark. Maybe I need a hit on that hookah. ( Caroline Baum , author of “Just What I Said,” is a
Bloomberg View columnist. The opinions expressed are her own.) Read more opinion online from Bloomberg View . To contact the writer of this article:
Caroline Baum in New York at
cabaum@bloomberg.net To contact the editor responsible for this article:
James Greiff at jgreiff@bloomberg.net | NEWS-MULTISOURCE |
Rendering Javascript
If you are crawling a page that requires you to render the Javascript on the page to scrape the data you need, then we can fetch these pages using a headless browser.
To render Javascript, simply set render=true and we will use a headless Google Chrome instance to fetch the page. This feature is available on all plans.
Pass the JavaScript rendering parameter within the URL:
• API REQUEST
import requests
payload = {'api_key': 'APIKEY', 'url':'https://httpbin.org/ip', 'render': 'true'}
r = requests.get('https://api.scraperapi.com', params=payload)
print(r.text)
# Scrapy users can simply replace the urls in their start_urls and parse function
# ...other scrapy setup code
start_urls = ['https://api.scraperapi.com?api_key=APIKEY&url=' + url + '&render=true']
def parse(self, response):
# ...your parsing logic here
yield scrapy.Request('https://api.scraperapi.com/?api_key=APIKEY&url=' + url + '&render=true', self.parse)
• PROXY MODE
import requests
proxy_url = "http://scraperapi.render=true:<YOUR_API_KEY>@proxy-server.scraperapi.com:8001"
proxies = {
"http": proxy_url,
"https": proxy_url
}
r = requests.get('https://httpbin.org/ip', proxies=proxies, verify=False)
print(r.text)
# Scrapy users can likewise simply pass their API key in headers.
# NB: Scrapy skips SSL verification by default.
# ...other scrapy setup code
start_urls = ['http://httpbin.org/ip']
meta = {
"proxy": "http://scraperapi.render=true:APIKEY@proxy-server.scraperapi.com:8001"
}
def parse(self, response):
# ...your parsing logic here
yield scrapy.Request(url, callback=self.parse, headers=headers, meta=meta)
• SDK Method
from scraperapi_sdk import ScraperAPIClient
client = ScraperAPIClient('APIKEY')
result = client.get(url = 'https://httpbin.org/ip', render=true).text
print(result)
# Scrapy users can simply replace the urls in their start_urls and parse function
# Note for Scrapy, you should not use DOWNLOAD_DELAY and
# RANDOMIZE_DOWNLOAD_DELAY, these will lower your concurrency and are not
# needed with our API
# ...other scrapy setup code
start_urls =[client.scrapyGet(url = 'https://httpbin.org/ip', render=true)]
def parse(self, response):
# ...your parsing logic here
yield scrapy.Request(client.scrapyGet(url = 'https://httpbin.org/ip', render=true), self.parse)
Pass the parameter in the headers:
• API REQUEST
import requests
payload = {'url': 'https://httpbin.org/ip'}
headers = {
'x-sapi-render': 'true',
'x-sapi-api_key': '<YOUR_API_KEY>'
}
r = requests.get('https://api.scraperapi.com', params=payload, headers=headers)
print(r.text)
# For Scrapy users: Update the headers to include 'x-sapi-render' and 'x-sapi-api_key'
# ...other scrapy setup code
def start_requests(self):
headers = {
'x-sapi-render': 'true',
'x-sapi-api_key': api_key
}
yield scrapy.Request('https://api.scraperapi.com', headers=headers, callback=self.parse)
def parse(self, response):
# ...your parsing logic here
• PROXY MODE
import requests
proxy_url = "http://scraperapi:<YOUR_API_KEY>@proxy-server.scraperapi.com:8001"
proxies = {
"http": proxy_url,
"https": proxy_url
}
headers = {
'x-sapi-render': 'true',
}
r = requests.get('https://httpbin.org/ip', proxies=proxies, headers=headers, verify=False)
print(r.text)
# Scrapy users can likewise simply pass the parameters in the headers.
# NB: Scrapy skips SSL verification by default.
start_urls = ['http://httpbin.org/ip']
proxy_url = "http://scraperapi:<YOUR_API_KEY>@proxy-server.scraperapi.com:8001"
proxies = {
"http": proxy_url,
"https": proxy_url
}
headers = {
'x-sapi-render': 'true',
}
def parse(self, response):
# ...your parsing logic here
yield scrapy.Request(url, callback=self.parse, headers=headers, proxies=proxies)
• SDK METHOD
from scraperapi_sdk import ScraperAPIClient
client = ScraperAPIClient('<YOUR_API_KEY>')
headers = {
'x-sapi-render': 'true'
}
result = client.get(url = 'https://httpbin.org/ip', headers=headers)
print(result)
# Scrapy users can likewise simply pass the parameters in the headers.
# Note for Scrapy, you should not use DOWNLOAD_DELAY and
# RANDOMIZE_DOWNLOAD_DELAY, these will lower your concurrency and are not
# needed with our API
# ...other scrapy setup code
def start_requests(self):
headers = {
'x-sapi-render': 'true',
'x-sapi-api_key': api_key
}
yield scrapy.Request('https://api.scraperapi.com', headers=headers, callback=self.parse)
def parse(self, response):
# ...your parsing logic here
Last updated | ESSENTIALAI-STEM |
Wikipedia talk:Bots/Requests for approval/Krdbot
Questions
does this bot require a flag? — xaosflux Talk 16:58, 2 September 2018 (UTC)
* Not really, but feel free to add it to keep it from the recent changes feed.— CYBERPOWER ( Chat ) 16:59, 2 September 2018 (UTC)
* WL/RC is where I was going with this, are these edits something that is useful to watch (e.g. they prompt an action by others?) — xaosflux Talk 17:01, 2 September 2018 (UTC)
* Nope. It's very trivial. It updates the backlog count at OTRS on a template. That's it.— CYBERPOWER ( Chat ) 17:02, 2 September 2018 (UTC)
* Thanks, done! — xaosflux Talk 17:04, 2 September 2018 (UTC) | WIKI |
Cuba couldn't care about the Kardashians
(CNN)Finally, there's a place where no one cares about the Kardashians. Cuba. It's the destination du jour. Everyone's stopping by -- from President Barack Obama to Gisele Bundchen, Karl Lagerfeld and Vin Diesel. Not to mention a bunch of cruise ship passengers. So of course the Kardashians sauntered in with Kanye West, their children, a camera crew and their entourage. They posed for selfies. They perfect their duck lips. They smoked cigars. And Cuba couldn't be bothered. When Kim, Kourtney and Khloe got glammed up for a night out and bodyguards escorted them through a hotel lobby, no one appeared to pick up their phones to snap a photo. When they strutted through the cobbled streets, no one seemed to do a double take. But, as has often been the case, where there's a Kardashian, there's a controversy. When Khloe Kardashian posted a picture of herself posing under the words "Fidel" on Instagram some people called her insensitive to how the Cubans lived under the Castro regime. Congresswoman Ileana Ros-Lehtinen, of Florida and who is of Cuban descent, put it best: "Haven't the Cuban people suffered enough? Fidel, Raul Castro, and now the Kardashians?" | NEWS-MULTISOURCE |
Wikipedia:Articles for deletion/Andy Richards
The result was delete. - Mailer Diablo 13:14, 15 January 2007 (UTC)
Andy Richards
* — (View AfD)
Fails WP:MUSIC; one release on a non-notable label; a career that extends back to 2006 (remember then?); biggest claims-to-fame are being #1 on said label's download chart and receiving some airplay on the very-niche BBC 6 Music Josh Parris #: 06:03, 10 January 2007 (UTC)
* Delete per nomination. Engineer Bob 10:46, 10 January 2007 (UTC)
* Delete per nom. MER-C 12:11, 10 January 2007 (UTC)
| WIKI |
User:Martyn.pepperell/sandbox
Laura McQuillan (born ??? ??, ???), better known by her twitter handle @mcquillanatorz, is a journalist, blogger, beauty editor and internet personality originally from Palmerston North, but now residing in Wellington, New Zealand. | WIKI |
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