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Can't upgrade DB for 2.0.3 upgrade
#1
I am trhing to upgrade my Piwik to 2.0.3. I was able to perform the automatic upgrade of Piwik without a problem, but when I try to run the DB upgrade it seems to go nowhere. I am using the command line for the DB part, with the "php c:\inetpub\wwwroot\piwik\index.php – “module=CoreUpdater” command. After I run that command I get no output from the command window, just a cursor. It has been sitting there for 1.5 hours. I know it can take a while, but that seems way extreme, and the other examples I found showed the command window with some information being returned indicating steps being processed for the upgrade.
#2
I just run the command with "php c:\inetpub\wwwroot\piwik\index.php – “module=CoreUpdater &” and check it htop.
It takes about 3 3/4 hours before it fails and then another 2 1/2 hours before it finally completes with our data set, so yes, it can take a long time depending on how big your db is and likely what version you are migrating from and to (I’m going from 1.1.1 to 2.0.3.) | ESSENTIALAI-STEM |
Thread:User talk:CodeCat/Proto-Indo-European/reply (68)
As far as I know *-nos forms adjectives from verbal roots, but I'm not aware of any other use. | WIKI |
Ohio school shooting
Ohio school shooting may refer to:
* 2007 SuccessTech Academy shooting, 2007
* 2012 Chardon High School shooting, 2012 | WIKI |
Milton Island
Milton Island or Green Inch was an island in the Clyde's estuarine waters close to the old ford across the river at Dumbuck near Dumbarton. The island was once part of the tidal ford supposedly built by the Romans. Industrial activity has changed the river currents and the island has become substantially reduced in size and split into islets.
Islands in the River Clyde
Islands of the River Clyde, rather than sand or mud banks only exposed at low water, once included in order, working upstream towards Glasgow :- Bodinbo, Newshot, Ron, Sand Inch, King's Inch, Buck Inch, White Inch and Water Inch. Colin's Isle was located in the Cart Water near its confluence with the Clyde.
The name 'Inch' is Scots deriving from the Gaelic 'Innis', an island.
Milton Island
Lying between Dumbarton and Dunglass Castle below Dumbuck Hill the island is recorded as 'Green Inch' on William Roy's map of 1747–55. By 1821 the island is recorded as Millton Island, lying just off shore from the village of that name.
The Ordnance Survey Name Book of 1860 records Milton Island as "An Island in the foreshore of the Clyde at Milton from which it is named. It is never covered at High Water above the H.W.M. [High Water Mark] shewn.".
The old Esso terminal lying just upstream of Milton Island has had a significant effect on the patterns of erosion and deposition to the extent that the island is no longer a single island but of 2018 exists as three small grassy islets that lie within the larger boundary of the old island.
The Dumbuck Perch (NS 4132 7385) stands nearby as a slightly elevated area strewn with stones.
Dumbuck Ford
At low tide the River Clyde at Dumbuck could be forded and in Roman times to facilitate the crossing a 7 m wide causeway was supposedly constructed running northwards from Longhaugh, curving through the river-dyke and passing as a low mound towards the beach. The causeway continued as with a cobbled surface atop a gravelly mound continuing towards the Long Dyke and the Longhaugh Light. It then ran across Milton Island and went on to run through a field gate and on as a low mound to Dumbarton road. North of Dumbuck some road metalling was traced. On the south side of the river it is thought that the causeway continued towards Bishopton Fort. The Romans required a link between their fort and the Antonine Wall that reached at least as far as Old Kilpatrick.
Although convenient as a means of crossing the river on foot and horseback, the shallowness of the estuary meant that larger ships could not reach Glasgow. This was the lowest fording point on the River Clyde; Glasgow was the lowest bridging point.
The Dumbuck Shoal or hirst presented a particular challenge to deepening the river channel. In the late 16th and early 17th centuries determined efforts were made to remove this gravelly sandbank but with little success. Jetties were built to encourage the water flow to scour the shoal, but again met with limited improvements in the channel's depth. However, Dumbuck Shoal remained a problem -
"The first and grand obstacle is Dumbuck Ford (12 miles below Glasgow Bridge), where, the river dividing itself into two channels, the reflowing current is greatly weakened, and the bottom, being covered with a crust of hard gravel, cannot be worn down to the proper depth; but if a jetty were extended over the south channel, to confine the current, and the hard crust of gravel removed by dredging, the reflowing current would then act with greater force, and soon grind down a deep and capacious channel."
The original 'Lang Dyke' was constructed in 1773, later using stone from the Rashielee Quarry near Park Quay, finally resulting in the loss of the Dumbuck Ford and a great improvement in the navigation to Glasgow.
In Scots 'Buck' refers to a place where water gushes or pours forth whilst the 'Dum' refers to a fort as in Dumbarton.
Archaeology
To the west of Milton Island lies the well known pre-Roman Dumbuck crannog-type structure. Excavations have revealed that the timber round house platform was built of layers of brushwood, earth and stone and brushwood held in place and strengthened by large wooden piles. A small log-boat dock still containing a log-boat was also found.
In 1868 an oak dug-out canoe 22' (6.7m) in length and circa 2'10" (0.9m) was found near Milton Island containing deer horn, six stone axe heads and a possible paddle. | WIKI |
Nasal Bleeding (Epistaxis)
What should be done in case of bleeding from the nose?
Bleeding from the nose is a problem that can cause fear. In fact, most bleeding from the nose is not as serious a problem as it might seem.
However, caution should be taken because a proportion of these cases are related to more serious illnesses and so required vigilance to identify the cause of the problem.
If someone is bleeding from the nose or ‘epitaxis’ as is medically termed, they should sit down and lean the head slightly forward.
The head should be kept at a level higher than the heart, because it will bleed less. The slight inclination of the head towards the front, allows blood to be discharged out of the nostrils and not back to the pharynx.
The head should not be tilted backward as the blood then goes back down the pharynx and the patient swallows. This can causes nausea, vomiting and diarrhea.
To assist the bleeding to stop, the patient can pinch lightly between thumb and forefinger, the area of the nose that is between the hard part of the nose (nasal bone) and soft part below.
For best results, tightness should be maintained for at least 5-10 minutes. Usually after 10 minutes, ‘epistaxis’ stops. If it continues, then hold again for another 10 minutes.
Also the positioning of cold ice in the same area of the nose helps to stop bleeding.
What causes bleeding from the nose?
The nose has many blood vessels which help to heat and moisten the air we breathe. Because they are closer to the surface of the nasal mucosa is more vulnerable to injury and cause bleeding.
The most common cause of bleeding from the nose is sore inside of nose.
In areas without heating and dehumidified air, the mucosa of the nose can become dry and cause bleeding.
Scratching the nose with fingers, especially nails can cause bleeding. In the front part of the nose, particularly the diaphragm, there are many vessels.
Most cases of bleeding occur in children due to dryness of the internal mucosa of the nose, in rhinitis and scratching of the nose with the fingers.
In children a foreign body inserted into the nose of the nostrils as well as various injuries, can cause bleeding.
In adults, injuries, infections of the nose, allergies, high blood pressure, arteriosclerosis, bleeding diathesis, anticoagulant medications, aspirin, drought and low humidity are causes of epistaxis.
When the patient must visit the doctor?
In some cases, such as those mentioned below, it may be necessary for the patient to visit the doctor:
• When bleeding lasts for more than 15 minutes
• When bleeding is caused by an injury (blow to the face), after a car accident or after a fall.
• Where the nose bleeds often
• In the case of bleeding from the rear part of the nose. These cases are rare and usually occur in the elderly, the bleeding is from large vessels of the posterior part of the nose. These hemorrhages are serious and need medical treatment necessary.
In the elderly, high blood pressure, atherosclerosis, bleeding is likely either due to disease or medication such as aspirin, and can cause severe posterior nosebleeds. The doctor will clarify whether it is anterior or posterior bleeding. We also investigate whether there is another disease or generalized or local body responsible for causing the bleeding.
The specialist doctor, otolaryngologist, can use various methods to stop the bleeding, which include suction cleaning, the fitting of cotton impregnated with vasoconstrictive substance, the cauterization of bleeding vessels, tamponade (patted). Rarely, you may need surgery to stop nosebleeds. | ESSENTIALAI-STEM |
API end point: https://fhir.careevolution.com/Master.Adapter1.WebClient/api/fhir-providers. It implements the R4 FHIR version and its US Core implementation guide
Try it here.
See the terms of use
Supported resources
Supported system operations
Standard identifier systems
Identifier type code System URI OID
CaregiverIdentifier http://careevolution.com/fhiridentifiers#CaregiverIdentifier
FhirPatientID http://careevolution.com/fhiridentifiers#FhirPatientID
HCID http://careevolution.com/fhiridentifiers#HCID
LastFourSSN http://careevolution.com/fhiridentifiers#LastFourSSN
MCID http://careevolution.com/fhiridentifiers#MCID
MedicaidID http://careevolution.com/fhiridentifiers#MedicaidID
MemberID http://careevolution.com/fhiridentifiers#MemberID
MRN http://careevolution.com/fhiridentifiers#MRN
NPI http://hl7.org/fhir/sid/us-npi 2.16.840.1.113883.4.6
ProviderID http://careevolution.com/fhiridentifiers#ProviderID
SSN http://hl7.org/fhir/sid/us-ssn 2.16.840.1.113883.4.1
TIN urn:oid:2.16.840.1.113883.4.4 2.16.840.1.113883.4.4
UserName http://careevolution.com/fhiridentifiers#UserName
When mapping from FHIR the (optional) OID is considered equivalent to the corresponding system URI.
CareEvolution concepts mapping
CareEvolution FHIR
EntityProvider Organization
IndividualEntityRelationship PractitionerRole
IndividualProvider Practitioner | ESSENTIALAI-STEM |
Samad Ali Changezi
Samad Ali Changezi was a Flight lieutenant in Pakistan Air Force who fought in the Indo-Pakistani War of 1971. He belonged to the Hazara ethnic minority of Quetta, Pakistan and was a member of the No. 9 Squadron – the Pakistan Air Force's first fighter squadron. He remains among the few confirmed aerial combat casualties involving the Lockheed F-104 Starfighter.
Background
The first direct air-to-air combat engagements between an F-104 and a MiG-21 took place during the war. The first confirmed loss was that of Wing Commander Mervyn Middlecoat over the Gulf of Kutch on 12–13 December 1971. Changezi, flying a Starfighter on loan from Jordan, was the second confirmed F-104 loss, when he was shot down by IAF MiG-21FLs of No. 29 Squadron. The IAF also claimed two additional PAF Starfighter kills that same day, one of which was the aircraft flown by Changezi's wingman, Squadron Leader Rashid Bhatti; the PAF claimed he returned without damage to Masroor.
Death
On 17 December 1971, Changezi was on a sortie mission when he spotted two MiG-21FLs, heading for him, on his radar. He tried to maneuver himself between the two MiGs to use his M61 Vulcan gatling cannon, since the PAF jets were not equipped with AIM-9 Sidewinder missiles. As he closed in, the second MiG fired two K-13 missiles, one of which hit him. He failed to eject and his crash was witnessed by Indian pilots.
Honors and awards
Changezi was shot down in his eleventh war sortie. For his valour and sacrifice, he was awarded the Sitara-e-Jurat, the third-highest gallantry honour of Pakistan. | WIKI |
password generator in Python
How to Create a Password Generator in Python [Includes Refactoring]
Are you getting started with Python? Learning how to create a password generator can be the perfect project to learn or review basic Python concepts.
To create a password generator in Python you can use a for loop that randomly selects alphanumeric characters, digits and punctuation characters to generate the password string. You can set the password length that defines the number of loop iterations. Also, using a nested for loop you can improve the password generator to generate multiple passwords.
We will start with a simple password generator and then we will refactor the code to make it more flexible.
Are you ready?
A Simple Password Generator in Python
We will start by generating a random string of 12 characters. To do that we will use the function random.choice() that returns a random character from a sequence.
We will do the following:
1. Import the random module.
2. Set the password length to 12.
3. Define a list of characters that we will use to generate the random password. In this first version of the program we will use just a few letters and numbers.
4. Create an empty string called password.
5. Write a for loop that executes 12 iterations and that at every iteration selects a random character from the string characters and appends it to the password string.
6. Print the password we have generated.
import random
password_length = 12
characters = "abcde12345"
password = ""
for index in range(password_length):
password = password + random.choice(characters)
print("Password generated: {}".format(password))
And here is an example of a password generated with this code:
Password generated: dcb4a2c4aac5
As you can see the password is not strong considering that we have used a limited number of characters and numbers.
In the next section we will make it more secure.
How to Generate a Password Using All Alphanumeric Characters
Let’s improve the complexity of the password by using all alphanumeric characters.
To do that we could simply update the value of the characters string to include all letters and numbers but it would be time consuming and prone to errors.
What can we do instead?
We can import the Python string module that provides a few constants that we can use in the generation of a password.
Here are few examples:
>>> import string
>>> string.ascii_lowercase
'abcdefghijklmnopqrstuvwxyz'
>>> string.ascii_uppercase
'ABCDEFGHIJKLMNOPQRSTUVWXYZ'
>>> string.ascii_letters
'abcdefghijklmnopqrstuvwxyzABCDEFGHIJKLMNOPQRSTUVWXYZ'
>>> string.digits
'0123456789'
>>> string.punctuation
'!"#$%&\'()*+,-./:;<=>?@[\\]^_`{|}~'
We won’t use string.ascii_lowercase or string.ascii_uppercase considering that they are both included in string.ascii_letters.
In our password generator we will use the following three sets of characters:
1. string.ascii_letters
2. string.digits
3. string.punctuation
We will use the + symbol to concatenate the three sets of characters to create a single string that we will assign to the characters variable.
This is what you get if you concatenate the three sets of characters in the Python shell:
>>> string.ascii_letters + string.digits + string.punctuation
'abcdefghijklmnopqrstuvwxyzABCDEFGHIJKLMNOPQRSTUVWXYZ0123456789!"#$%&\'()*+,-./:;<=>?@[\\]^_`{|}~'
Let’s update our program…
import random, string
password_length = 12
characters = string.ascii_letters + string.digits + string.punctuation
password = ""
for index in range(password_length):
password = password + random.choice(characters)
print("Password generated: {}".format(password))
Here are three examples of passwords generated with the updated program:
Password generated: iE%g.JqurkB0
Password generated: |>J+qbZ<Vl7$
Password generated: c94,JRgshz#g
Update the Password Generator to Receive the Password Length as User Input
Let’s make our password generator a bit more flexible.
We will allow the user to provide the password length instead of hardcoding it in our program. To do that we will use the input function.
import random, string
password_length = int(input("Provide the password length: "))
characters = string.ascii_letters + string.digits + string.punctuation
password = ""
for index in range(password_length):
password = password + random.choice(characters)
print("Password generated: {}".format(password))
Notice that we have converted the value returned by the input function into integer considering that when using Python 3 the input function returns a string.
The program works fine.
Confirm it works on your machine too before continuing with this tutorial.
Provide the password length: 12
Password generated: ]"c_ga%M^iOd
If you don’t convert the output of the input function into integer you get the following error when you use the variable password_length in the for loop.
Provide the password length: 12
Traceback (most recent call last):
File "password_generator.py", line 9, in <module>
for index in range(password_length):
TypeError: 'str' object cannot be interpreted as an integer
How to Create a Python Password Generator that Generates Multiple Passwords
In this section we will enhance our password generator to generate a custom number of passwords.
The approach will be very similar to the one we have used to get the password length from the user with the input function.
We will do the following:
1. Get the number_of passwords using the input function.
2. Add a for loop to generate multiple passwords based on the value of the variable number_of passwords provided by the user.
import random, string
number_of_passwords = int(input("How many passwords do you want to generate? "))
password_length = int(input("Provide the password length: "))
characters = string.ascii_letters + string.digits + string.punctuation
for password_index in range(number_of_passwords):
password = ""
for index in range(password_length):
password = password + random.choice(characters)
print("Password {} generated: {}".format(password_index, password))
Note: make sure you use the correct indentation as shown in the code above.
Let’s test our code:
How many passwords do you want to generate? 3
Provide the password length: 8
Password 0 generated: 2B.1&=~k
Password 1 generated: Wt$@1vi'
Password 2 generated: ,aOXN_@$
It works, nice!
How to Generate Strong Passwords in Python
Before completing this tutorial let’s find out how we can enforce a set of rules to make sure the passwords we generate are strong enough.
We will make sure passwords contain at least:
• three digits
• two punctuation characters
To do that we will use two integers that define the number of digits and punctuation characters. Then we will use multiple nested for loops.
import random, string
number_of_digits = 3
number_of_punctuation_characters = 2
characters = string.ascii_letters + string.digits + string.punctuation
number_of_passwords = int(input("How many passwords do you want to generate? "))
password_length = int(input("Provide the password length: "))
for password_index in range(number_of_passwords):
password = ""
for digits_index in range(number_of_digits):
password = password + random.choice(string.digits)
for punctuation_index in range(number_of_punctuation_characters):
password = password + random.choice(string.punctuation)
for index in range(password_length - number_of_digits - number_of_punctuation_characters):
password = password + random.choice(string.ascii_letters)
print("Password {} generated: {}".format(password_index, password))
Let’s have a look at a few password generated with this program:
How many passwords do you want to generate? 3
Provide the password length: 10
Password 0 generated: 738<>ZKwMA
Password 1 generated: 332|(SlZDT
Password 2 generated: 756%#NFWHs
They look fine but to make them stronger we have to avoid having digits and punctuation characters always in the same position of the password string.
To shuffle characters in the password string we will use the random.shuffle() function.
We will create a specific function that does the shuffling.
def randomize_password(password):
password_list = list(password)
random.shuffle(password_list)
return "".join(password_list)
This function converts the password string into a list before applying random.shuffle. Then it returns a string using the string join method.
Then update the last print statement to call the randomize_password function.
print("Password {} generated: {}".format(password_index, randomize_password(password)))
And the output is…
How many passwords do you want to generate? 3
Provide the password length: 10
Password 0 generated: X1+dT)4U1q
Password 1 generated: 2T7g+OQ-B4
Password 2 generated: g3n0<3O>if
The password is a lot stronger now that digits and punctuation characters are in random positions.
Conclusion
In this tutorial you have learned how to create a password generator in Python and how to update its logic to increase the strength of the passwords.
We have covered a few Python core concepts:
Well done for completing this tutorial!
Leave a Reply
Your email address will not be published.
How to Import a Python Function fro... x
How to Import a Python Function from Another File | ESSENTIALAI-STEM |
4
In my old emacs, I have defined the following code.
(add-hook 'focus-out-hook (lambda () (save-some-buffers t)))
After upgrade to emacs 27, it said focus-out-hook is obsoleted, and the new one is after-focus-change-function, but simply replace it doesn't work. The following doesn't work
(add-hook 'after-focus-change-function (lambda () (save-some-buffers t)))
Looks to me the first is a hook, so need to use add-hook, but for the new function to work, how to use it? My purpose is to save a buffer after I switch to another app.
1
• Too bad that the message saying to use the new instead of the old doesn't tell you how to do that, if the new doesn't just replace the old with no other code changes needed. IMO, this is a failing of Emacs. Maybe M-x report-emacs-bug? – Drew Oct 3 '20 at 18:50
3
You could try using something like:
(add-function :after after-focus-change-function #'your-function-here)
So, in your case, something like this should do what you are after:
(add-function :after after-focus-change-function (lambda () (save-some-buffers t)))
If you look at the documentation of after-focus-change-function with C-h v after-focus-change-function RET, you will notice that it suggests to use add-function to modify it:
[...] Code wanting to do something when frame focus changes should use add-function to add a function to this one [...]
Note also that the documentation suggests that your function should call frame-focus-state to retrieve the last known focus state of each frame, so you could do something like:
(add-function :after after-focus-change-function (lambda () (unless (frame-focus-state) (save-some-buffers t))))
Note that frame-focus-state returns nil when the selected frame is not focused.
2
• There is some slight difference: for focus-out-hook, when I move my mouse out of emacs and on a new app (when using the touch pad of mac), even if I didn't click mouse on the app, it will save the buffer. But when using the new function, only when I click mouse on the new app, will emacs save buffer. – Daniel Wu Oct 5 '20 at 2:17
• Sorry, the answer I provided is as far as my knowledge about after-focus-change-function go. You could M-x report-emacs-bug to ask for more detailed documentation about its usage. – Manuel Uberti Oct 5 '20 at 5:36
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1. Notch-induced transcription factors are predictive of survival and 5-fluorouracil response in colorectal cancer patients
British Journal of Cancer 2013;109(4):1023-1030.
Background:
The purpose of this study was to evaluate the expression of Notch-induced transcription factors (NTFs) HEY1, HES1 and SOX9 in colorectal cancer (CRC) patients to determine their clinicopathologic and prognostic significance.
Methods:
Levels of HEY1, HES1 and SOX9 protein were measured by immunohistochemistry in a nonmalignant and malignant tissue microarray of 441 CRC patients, and the findings correlated with pathologic, molecular and clinical variables.
Results:
The NTFs HEY1, HES1 and SOX9 were overexpressed in tumours relative to colonic mucosa (OR=3.44, P<0.0001; OR=7.40, P<0.0001; OR=4.08 P<0.0001, respectively). HEY1 overexpression was a negative prognostic factor for all CRC patients (HR=1.29, P=0.023) and strongly correlated with perineural and vascular invasion and lymph node (LN) metastasis. In 5-fluorouracil (5-FU)-treated patients, the tumour overexpression of SOX9 correlated with markedly poorer survival (HR=8.72, P=0.034), but had no predictive effect in untreated patients (HR=0.70, P=0.29). When HEY1, HES1 and SOX9 expression were combined to predict survival with chemotherapy, in treated patients there was an additive increase in the risk of death with each NTF overexpressed (HR=2.09, P=0.01), but no prognostic import in the untreated patient group (HR=0.74, P=0.19).
Conclusion:
The present study is the first to discover that HEY1 overexpression correlates with poorer outcome in CRC, and NTF expression is predictive of CRC patient survival with 5-FU chemotherapy. If confirmed in future studies, testing of NTF expression has the potential to enter routine pathological practice for the selection of patients to undergo chemotherapy alone or in combination with Notch inhibitors.
doi:10.1038/bjc.2013.431
PMCID: PMC3749585 PMID: 23900217
notch signalling; colon cancer; SOX9; HES1; HEY1
2. Reactive oxygen species initiate luminal but not basal cell death in cultured human mammary alveolar structures: a potential regulator of involution
Cell Death & Disease 2011;2(8):e189-.
Post-lactational involution of the mammary gland is initiated within days of weaning. Clearing of cells occurs by apoptosis of the milk-secreting luminal cells in the alveoli and through stromal tissue remodeling to return the gland almost completely to its pre-pregnant state. The pathways that specifically target involution of the luminal cells in the alveoli but not the basal and ductal cells are poorly understood. In this study we show in cultured human mammary alveolar structures that the involution process is initiated by fresh media withdrawal, and is characterized by cellular oxidative stress, expression of activated macrophage marker CD68 and finally complete clearing of the luminal but not basal epithelial layer. This process can be simulated by ectopic addition of reactive oxygen species (ROS) in cultures without media withdrawal. Cells isolated from post-involution alveoli were enriched for the CD49f+ mammary stem cell (MaSC) phenotype and were able to reproduce a complete alveolar structure in subcultures without any significant loss in viability. We propose that the ROS produced by accumulated milk breakdown post-weaning may be the mechanism underlying the selective involution of secretory alveolar luminal cells, and that our culture model represents an useful means to investigate this and other mechanisms further.
doi:10.1038/cddis.2011.69
PMCID: PMC3181416 PMID: 21814287
mammary epithelium; involution; apoptosis; basal/stem cell; reactive oxygen species
3. Prognostic significance of thymidylate synthase, dihydropyrimidine dehydrogenase and thymidine phosphorylase protein expression in colorectal cancer patients treated with or without 5-fluorouracil-based chemotherapy
Background
Low tumour expression levels of thymidylate synthase (TS), dihydropyrimidine dehydrogenase (DPD) and thymidine phosphorylase (TP) have been linked with improved outcome for colorectal cancer (CRC) patients treated with 5-fluorouracil (5-FU). It is unclear whether this occurs because such tumours have better prognosis or they are more sensitive to 5-FU treatment.
Patients and methods
Associations between TS, DPD and TP levels, determined by tissue microarrays and immunohistochemistry, and survival was evaluated in 945 CRC patients according to treatment status.
Results
Low TS and DPD expression associated with worse prognosis in stage II [hazard ratio (HR) = 1.69, 95% confidence interval (CI) (1.09–2.63) and HR = 1.92 (95% CI 1.23–2.94), respectively] and stage III CRC patients treated by surgery alone [HR = 1.39 (95% CI 0.92–2.13) and HR = 1.49 (95% CI 1.02–2.17), respectively]. Low TS, DPD and TP associated with trends for better outcome in stage III patients treated with 5-FU [HR = 0.81 (95% CI 0.49–1.33), HR = 0.70 (95% CI 0.42–1.15) and HR = 0.66 (95% CI 0.39–1.12), respectively].
Conclusion
Low TS and DPD expression are prognostic for worse outcome in CRC patients treated by surgery alone, whereas low TS, DPD and TP expression are prognostic for better outcome in patients treated with 5-FU chemotherapy. These results provide indirect evidence that low TS, DPD and TP protein expression are predictive of good response to 5-FU chemotherapy.
doi:10.1093/annonc/mdm599
PMCID: PMC2931808 PMID: 18245778
colorectal cancer; fluorouracil; predictive; prognostic; thymidylate synthase
4. The expression of RUNX3 in colorectal cancer is associated with disease stage and patient outcome
British Journal of Cancer 2009;100(5):676-679.
RUNX3 is believed to have tumour suppressor properties in several cancer types. Inactivation of RUNX3 has been shown to occur by methylation-induced transcriptional silencing and by mislocalization of the protein to the cytoplasm. The aim of this study was to examine the clinical significance of RUNX3 expression in a large series of colorectal cancers using immunohistochemistry and tissue arrays. With advancing tumour stage, expression of RUNX3 in the nucleus decreased, whereas expression restricted to the cytoplasmic compartment increased. Nuclear RUNX3 expression was associated with significantly better patient survival compared to tumours in which the expression of RUNX3 was restricted to the cytoplasm (P=0.025). These results support a role for RUNX3 as a tumour suppressor in colorectal cancer.
doi:10.1038/sj.bjc.6604899
PMCID: PMC2653772 PMID: 19223906
RUNX3; colorectal cancer; tissue arrays; prognosis; Wnt
Results 1-4 (4) | ESSENTIALAI-STEM |
Bamboo Best Practice - Branching and DVCS
General overview
No matter how scary it may seem, branching your code is unavoidable - and also a very powerful way to let developers work in isolation on different aspects of your project.
The simplest branching model is that of a master branch and a development branch. The master (or mainline) branch contains the production versions for release. Parallel to master runs the development branch, where developers work on features that will be merged back into master. When sufficient new features have been developed, they will be merged back into master and form the next production release.
The simple model can be extended with other branches to make development work more flexible. These include:
• Feature branches
• Release branches
• Hotfix branches
But because a developer isn't constantly merging changes from master into their development branch, there may be uncertainty about whether the code will work when it is eventually merged back into master. The last thing you want is to pollute your master with non-functioning code from the branch.
Bamboo offers a number of useful tools for tackling branches. This best practice guide explores some of the ways that Bamboo handles branching to improve your development practices.
You may also want to refresh your Git knowledge with the Atlassian Git tutorials page before you read any further.
Best practice approaches
Feature branching with Bamboo plan branches
Objectives and learning outcomes
Understand what feature branching is, and how it can be useful as a development process. After completing this section, you will understand:
1. How feature branching works
2. How feature branches improve quality by eliminating risky merges
What is feature branching?
Feature branching is a lightweight way for a developer to make changes to a software project without having to worry about sharing those changes if they are uncompleted.
The main reasons to use feature branching are to ensure accurate conflict mitigation and to reduce the possibility of pushing code into the master branch or to other people until you are ready to do so. Utilizing rapid, regular code merges assists in reducing code drift across the development process.
Bamboo uses a concept called plan branches to help teams easily test branches using continuous integration and to avoid merge problems.
Example scenario
Let's examine the following scenario for traditional feature branching:
1. A developer assigns an issue to themselves and creates a new branch (the feature branch) from master.
2. The developer works on the code, makes regular local commits to the feature branch, reaches a finishing point and pushes the commits to the repository.
3. When the issue is completed, the feature branch is merged back into master.
So, what's wrong with this? The developer hasn't run their builds on the feature branch and it is unknown whether the tests pass or not and any defective code from the feature branch will reach the rest of the team when it's merged to master.
Now let's see how it works using Jira and Bamboo plan branches:
1. A developer assigns the issue to themselves in Jira and creates a new branch from master. The name of the branch starts with the issue key so that it can be easily identified and tracked by both Bamboo and Jira.
2. Bamboo detects the new feature branch and creates a new plan branch. A plan branch is created automatically for any build that has plan branching enabled.
3. The developer works on the code, makes regular local commits and pushes the commits to the repository.
4. Bamboo identifies the changes and builds the corresponding plan branch.
5. Optionally, to ensure that the branch and master will work together when merged, Bamboo can then merge the contents of master (including any new changes the team has made) into the the feature branch and have the build run.
6. If the tests pass, Bamboo pushes the updated feature branch back to the repository.
7. When the issue is completed, the feature branch is merged back into master with the knowledge that their new feature will not break on master.
We can already see that the Bamboo plan branch helps us by running build plan tests against the newly merged code. Only if the tests are passed is the code pushed, which prevents incorporating defective code. If the build fails, the merge is thrown away and the developer is notified.
Extending feature branching
We can usefully extend the concept of feature branching to include an integration branch workflow. This concept mirrors the approach of feature branching in that it also advocates frequent merging. However, it provides an integration branch during development of a particular story. When the story is completed, it is merged into master, but offers two different approaches to working around the integration branch:
1. Some teams merge their code into the integration branch while the story development is in progress; when the story is complete, it is then merged directly into master and closed.
2. Other teams may work exclusively around the integration branch during their code development, but will wait until the very end when their stories are tested and validated before merging integration onto master.
Conclusion
Feature branching offers a flexible and accurate conflict mitigation tool for developers. By using frequent and regular code merges, code drift and defective code implementation across the project is minimized. Feature branching works particularly well when developers have permission to toggle auto merging on and off to suit their individual development cycle. And of course, Bamboo provides an ideal environment to give developers access to these permissions.
Approaches to branching
Objectives and learning outcomes
Identify and describe how Bamboo can use feature and plan branches. After completing this section, you will understand:
1. The two mechanisms for merging branched code back into the master branch
2. A high level concept view of the branching process
Overview
Feature (or topic) branches are used to develop new features for an upcoming or future release. A feature branch exists only as long as the feature is being developed, and will eventually be merged back into the development branch.
Plan branches represent a branch in the version control system for development of a specific feature. The plan branch inherits all of the configuration defined by the parent plan, but may be built against any other specified plan. Any new branch created can be automatically built and tested using the same build configuration as that of the parent plan. Alternatively, you can override the parent plan and individually configure the branch plan. When the branch succeeds, it is merged back into master.
There are two ways in which plan branches can be merged with the master branch.
Example scenario
Let's consider the following branch scenarios:
Scenario 1: Gatekeeper
The gatekeeper method works in the following way:
1. Both master and feature branch are checked out from the repository
2. Changes are merged into master from the feature branch
3. The build plan is run against the merged code, and held in memory by Bamboo
4. If successful, the merged code is pushed to master
You should use the Gatekeeper strategy when you want to:
1. Automatically merge your feature branch back into the master branch after a successful build of the merged changes
2. Quickly identify when a build of combined changes fails, preventing the feature branch from being merged back into the master branch
Scenario 2: Build updater
The build updater is an alternative approach where changes flow in the opposite direction. It works in the following way:
1. Both master and a feature branch are checked out from the repository
2. Changes are merged into the plan branch from master
3. The build plan is run against the merged code and held in memory by Bamboo
4. If successful, the merged code is pushed to the feature branch
You should use the Build Updater strategy when you want to:
1. Automatically merge changes from the team's master branch into your feature branch, either after a successful build of the master branch, or at the start of builds against the feature branch.
2. Get notified when the changes on your feature branch are no longer compatible with the team's master branch.
Now we know how plan branching works, but how do we implement it using Bamboo? Bamboo actually makes it very easy for us. Let's have a look at another example:
Scenario 3: Plan branching in DVCS
This is a typical high level DVCS plan branching scenario:
Step 1: Create branch - Use your version control system's branching feature to create a new branch in your repository.
Step 2: Branch detection - Bamboo will auto detect the new branch for Git, Mercurial, and SVN. Perforce and CVS users will have to manually create the branch on Bamboo's behalf. This can be done from the Branches tab in your build plan's configuration screen.
Step 3: Plan cloning - Bamboo automatically clones all plans associated with the repository and connects the clones to the new branch.
Step 4: Configure plan variables - The configuration of plans pointing to the master branch will be inherited by the plan branches. Jobs, stages, and artifact sharing work exactly as defined in the original plan. Variables, notifications, and triggers may be customized for each plan branch. Other configuration options for plan branches include:
1. Merge strategies (see gatekeeper and build updater above)
2. Toggling auto cleanup on/off
3. Branch removal after a defined inactivity period
Step 5: Branch build - The feature branch is built in accordance with its triggers. The optional merge strategies are applied at build time.
Conclusion
Feature and plan branching offers a range of flexible methods for developers to branch and work on different code segments during the development process. The Gatekeeper and Branch Updater methods allow alternative approaches to branching your code, while plan branching in DVCS allows Bamboo to automatically detect new branches in Git, Mercurial, and SVN repositories.
Branching with Jira integration
Objectives and learning outcomes
Understand how Jira integration can be used to track development changes branching, and how it improves oversight of a development project. After completing this section, you will understand:
1. What Jira integration is
2. How it can be used to track changes within the code development
Overview
Jira integration in plan branches relies on including a Jira issue key as part of the branch name. Bamboo and Jira work together to ensure that Jira issues are attached to development branches, allowing developers and other interested parties to examine which issue has informed the code development within the branch.
Example scenario
Let's examine the following scenario for Jira integration:
1. A developer picks up a Jira issue and creates a feature branch for it
2. Bamboo creates a link between the issue and the branch, and all the branch's builds
3. The developer works on the issue, making regular pushes to the feature branch, which are built by the corresponding plan branch/es in Bamboo
4. The Jira issue shows the current build status of the feature branch
5. When work on the feature branch is complete, it can be merged to master manually through the version control system, or automatically, by enabling Bamboo's gatekeeper merge strategy
Why use Jira integration?
By including a related Jira issue as part of the branch name, Bamboo can link the issues to the related builds and to the branch itself. This makes oversight of individual stories much easier:
• Product owners can view the development of user stories from within the Jira issue.
• QA can select an artifact for testing from within Jira, and identify which issues have informed its development.
• Developers can examine builds and artifacts, and see which Jira issues have informed the development process.
The Jira Bamboo plugin
The Jira Bamboo plugin provides enhanced information sharing between Jira and Bamboo, allowing you to view the status of all builds and branches associated with an issue from within the issue itself. Apart from DVCS and branching, the plugin also surfaces deployment information for issues when Bamboo's deployment projects are used.
Learn more about the Jira Bamboo plugin here.
Conclusion
Jira integration with branching provides an effective mechanism for tracking changes in code development and identifying what issues have informed the process. Jira integration also provides an effective way for interested parties to track progress and locate relevant artifacts.
Last modified on Jul 19, 2021
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# Simulated input vectors set.seed(134) n<-10 x.tmp<-seq(1,n,by=1) x1<-sample(x.tmp) x2<-sample(x.tmp,replace=TRUE) # Define parameters and design matrix theta<-c(-1,2,0.5) X<-cbind(level=1,Effect1=x1,Effect2=x2) summary(X) # See specifix elements of X X[ ,2:3] X[c(1:2,6), ] X[X[ , "Effect1"]==2 | X[ , "Effect2"]==6, ] X[order(X[ , "Effect1"]), ] # Simulate output vector y<-as.matrix(X)%*%theta+ rnorm(n,mean=0,sd=1) # Estimate parameters using glm M<-glm(y~-1+X,family=gaussian) summary(M) glm(y~X[ ,-1],family=gaussian)# equivalent Mydata<-data.frame(Effect1=x1,Effect2=x2, y=y)#with data frame attach(Mydata) glm(y~Effect1+Effect2,data=Mydata) ?glm # Estimate parameters by matrix # multiplication theta.hat<-solve(t(X)%*%X)%*%t(X)%*%y theta.hat1<-solve(crossprod(X))%*%t(X)%*%y # Equvalent, but faster theta.hat dim(theta.hat) row.names(theta.hat)<- c("beta0","beta1","beta2") theta.hat # Paramter covariance matrix e<-y-X%*%theta.hat1 sigma<-t(e)%*%e/(10-3) theta.var<-as.numeric(sigma)* solve(t(X)%*%X) sqrt(diag(theta.var)) # test values t<-theta.hat/sqrt(diag(theta.var)) # p-values 2*(1-pt(abs(t),df=7)) summary(M) # Estimation using general purpose # optimazation # Negative log-likelihood function # (with known sigma) logL<-function(theta,x,y){ n<-length(y) mu<-x%*%theta sigma<-1 return(-sum(dnorm(y,mean=mu, sd=sqrt(sigma), log=TRUE))) } # Initial parameter values theta0<-c(0,0,0) # Optimization M2<-optim(theta0,logL,x=X,y=y, method="L-BFGS-B", lower=c(-10,-10,-10,0.001), upper=c(10,10,10,10), hessian=TRUE) # Residual variance sigma2<-sum((y-X%*%M2$par)^2)/(n-3) # Parameter covariance theta.var2<-solve(M2$hessian)*sigma2 ?optim ?glm ?install.packages ?sample # A couple of plots for the model plot(X%*%theta.hat,y, xlab=expression(X*hat(theta))) y.plot<-seq(2,25,by=0.1) d<-dnorm(y.plot,mean=X[1,]%*%theta, sd=sqrt(sigma)) plot(y.plot,d,type="l",xlab="y", ylab="Likelihood") points(y[1],dnorm(y[1],mean=X[1,]%*%theta, sd=sqrt(sigma)),pch=19) lines(c(y[1],y[1]), c(0,dnorm(y[1],mean=X[1,]%*%theta, sd=sqrt(sigma))), lty=2) lines(c(y[1],0), rep(dnorm(y[1],mean=X[1,]%*%theta, sd=sqrt(sigma)),2),lty=2) i<-9;col="blue" d<-dnorm(y.plot,mean=X[i,]%*%theta, sd=sqrt(sigma)) lines(y.plot,d,type="l",col=col) points(y[i], dnorm(y[i],mean=X[i,]%*%theta, sd=sqrt(sigma)),pch=19, col=col) lines(c(y[i],y[i]), c(0,dnorm(y[i],mean=X[i,]%*%theta, sd=sqrt(sigma))), lty=2,col=col) lines(c(y[i],0), rep(dnorm(y[i],mean=X[i,]%*%theta, sd=sqrt(sigma)),2), lty=2,col=col) i<-10;col="red" d<-dnorm(y.plot,mean=X[i,]%*%theta, sd=sqrt(sigma)) lines(y.plot,d,type="l",col=col) points(y[i],dnorm(y[i],mean=X[i,]%*%theta, sd=sqrt(sigma)),pch=19, col=col) lines(c(y[i],y[i]), c(0,dnorm(y[i],mean=X[i,]%*%theta, sd=sqrt(sigma))), lty=2,col=col) lines(c(y[i],0), rep(dnorm(y[i],mean=X[i,]%*%theta, sd=sqrt(sigma)),2), lty=2,col=col) legend(x=2,y=0.4, legend=c(expression(y[1]), expression(y[9]), expression(y[10])), col=c(1,"blue","red"),pch=19) # Dianostic plot for glm par(mfrow=c(2,2)) plot(M) ?postscript ?pdf | ESSENTIALAI-STEM |
Exodus (2007 Hong Kong film)
Exodus (出埃及記) is a 2007 Hong Kong black comedy thriller film written, produced and directed by Pang Ho-cheung and starring Simon Yam.
Cast and roles
* Simon Yam as Sergeant Tsim Kin-yip
* Annie Liu as Ann
* Nick Cheung as Kwan Ping-man
* Maggie Shiu as Fong
* Irene Wan as Pun Siu-yuen
* Candice Yu as Ann's mother
* Pal Sinn as Ann's father
* Gordon Lam as Renovation contractor Fai
* Jim Chim as Man in wheelchair
* Gregory Charles Rivers as Duty officer
* Sire Ma as Bridesmaid
* Siu Yam-yam as Professor teaching poison
* Cheuk Wan-chi as Professor teaching electronic
Critical reception
The film opened to generally very positive reviews with the Hong Kong press. Perry Lam, in Muse, praised Simon Yam's performance, claiming the film featured 'the best acting that the prolific and still under-recognised Yam has done.' | WIKI |
Goethe tells of a conversation that once unfolded between Schiller and himself after both had attended a meeting of the society of natural research in Jena. Schiller showed himself little satisfied with what had been presented in the meeting. A fragmented way of looking at nature had met him there. And he remarked that such a way could not appeal at all to laymen. Goethe replied that it would perhaps remain strange even to the initiated themselves and that there could be still another way of presenting nature, not as something separated and isolated but rather as working and alive, as striving from the whole into the parts. And now Goethe developed the great ideas which had arisen in him about the nature of the plants. He sketched “with many a characteristic pen-stroke, a symbolic plant” before Schiller's eyes. This symbolic plant was meant to express the being that lives in every individual plant no matter what particular forms the plant might assume. It was meant to show the successive becoming of the individual plant parts, their emerging from each other, and their relatedness to each other. About this symbolic plant shape Goethe, on April 17, 1787 in Palermo, wrote down the words, “There must after all be such a one! How would I otherwise know that this or that formation is a plant, if they were not all formed according to the same model.” Goethe had developed within him the mental picture of a malleable-ideal form which reveals itself to the spirit when it looks out over the manifoldness of plant shapes and is attentive to what they have in common. Schiller contemplated this formation, which supposedly lived not in one single plant but rather in all plants, and said, shaking his head, “That is not an experience, that is an idea.” These words appeared to Goethe as though coming from a foreign world. He was conscious of the fact that he had arrived at his symbolic shape through the same kind of naive perception as the mental picture of a thing which one can see with one's eyes and grasp with one's hands. Like the individual plant, the symbolic or archetypal plant was for him an objective being. He believed he had not arbitrary speculation but rather unbiased observation to thank for the archetypal plant. He could not respond with anything other than, “I can be very glad, then, when I have ideas without knowing it, and in fact even see them with my eyes.” And he was extremely unhappy as Schiller rejoined with the words, “How can an experience ever be given that could be considered to correspond to an idea. For the characteristic nature of the idea consists in the fact that no experience could ever coincide with it.”
Two opposing world views confront each other in this conversation. Goethe sees in the idea of a thing an element that is immediately present within the thing, working and creating in it. In his view an individual thing takes on particular forms because the idea must, in a given case, live itself out in a specific way. It makes no sense to Goethe to say that a thing does not correspond to the idea. For the thing cannot be anything else than that into which the idea has made it. Schiller thinks otherwise. For him the world of ideas and the world of experience are two separate realms. To experience belong the manifold things and events which fill space and time. Confronting it there stands the realm of ideas as a differently constituted reality of which reason takes possession. Because man's knowledge flows to him from two sides, from without through observation and from within through thinking, Schiller distinguishes two sources of knowledge. For Goethe there is only one source of knowledge, the world of experience, in which the world of ideas is included. For him it is impossible to say, “experience and idea,” because to him the idea lies, through spiritual experience, before the spiritual eye in the same way that the sense world lies before the physical eye.
Schiller's view came from the philosophy of his time. One must seek in Greek antiquity for the underlying mental pictures which have given this philosophy its stamp, and which have become driving forces of our entire Western spiritual development. One can gain a picture of the particular nature of the Goethean world view if one tries in a certain way, with ideas which one borrows solely from it, to characterize this world view entirely out of it itself. This is to be striven for in the later parts of this book. Such a characterization can be aided, however, by taking a preliminary look at the fact that Goethe expressed himself about certain things in this or that way because he felt himself to be in agreement with, or in opposition to, what others thought about some region of natural or spiritual life. Many a statement of Goethe's becomes comprehensible only when one looks at the ways of picturing things which he found confronting him and with which he came to terms in order to gain his own point of view. How he thought and felt about this or that gives insight at the same time into the nature of his own world view. If one wants to speak about this region of Goethe's being, one must bring to expression much that for him remained only unconscious feeling. In the conversation with Schiller described here, there stood before Goethe's spiritual eye a world view antithetical to his own. And this antithesis shows how he felt about that way of picturing things which, originating from one aspect of Hellenism, sees an abyss between sense experience and spiritual experience, and how he, without any such abyss, saw the experience of the senses and the experience of the spirit unite in a world picture which communicated reality to him. If one wants to bring to life consciously within oneself as thought what Goethe carried within him more or less unconsciously as his view about the form of Western world views, then these thoughts would be the following ones. In a fateful moment, a mistrust of the human sense organs took possession of a Greek thinker. He began to believe that these organs do not transmit the truth but rather that they deceive him. He lost his trust in what naive, unbiased observation offers. He found that thinking makes different statements about the true being of things than experience does. It would be difficult to say in whose head this mistrust first established itself. One encounters it in the eleatic school of philosophers whose first representative was Xenophanes, born about 570 B.C. in Kolophon. Parmenides appears as the most important personality of this school, for he has maintained, with a keenness like none before him, that there are two sources of human knowledge. He declared that our sense impressions are delusion and error, and that man can attain knowledge of what is true only through pure thinking which takes no account of experience. Through the way this conception of thinking and, of sense experience arose with Parmenides, there was instilled into many following philosophies a developmental illness from which scientific endeavors still suffer today. To discuss the origin in Oriental views of this way of picturing things is out of place within the framework of the Goethean world view. | FINEWEB-EDU |
Medication for Insomnia
Find Sleep Clinics & Specialists »
There are various different medicines available for people who suffer from insomnia, and it is important that you seek proper medical advice before taking any of the following. It is also usually recommended that non-prescription drugs are tried before prescription drugs. Prescription drugs are also given with a warning of dependency, and should generally be taken for a temporary period as you should not become dependent on them to sleep. Remember – alcohol can intensify side-affects of these drugs, and should be avoided.
Antihistamine drugs for Insomnia
Antihistamine may initially provide to aid sleeping and some are available over the counter, such as diphenhydramine. However, you may find that the drug becomes less effective the longer it is taken and it often leaves you feeling groggy the morning after it is taken.
Benzodiazepines (prescription drug) for Insomnia
Benzodiazepines may help you sleep in most cases but has many negative comebacks including, possibility of dependence, drowsiness and lack of concentration.
Antidepressants (prescription drug) for Insomnia
Some evidence has shown that antidepressants, help relax you before sleep, however this is not a fully researched area and should be approached with caution. In cases where insomnia can be linked to depression then this drug may be the better one to be considered.
Melatonin for Insomnia
This is considered a more natural medicine. Melatonin is secreted by the pineal gland within the brain and tells the brain that it is dark. As the secretion of melatonin decreases with age, it seems acceptable that it should be a supplement for the lost natural melatonin from the pineal gland. Supplements should be taken carefully and recommendation given on the correct dosage.
Sleeping pills may help in the short-term, giving you a peace of mind as you go to sleep and this perhaps ironically shows the mental importance in overcoming insomnia. It has been commented that merely having tablets next to your bed, just in case of a disrupted night’s sleep, gives you the comfort you need to know that you will be able to sleep regardless. It is also thought that the drugs that can be taken induce a relaxed state and thus you are not actually getting to sleep that much faster, but feel as though you are because the period in which they are trying to get to sleep is a more relaxed one.
Overall, there are medical aids available, but it is advised to approach these with due caution and almost as a last resort and most certainly with professional medical advice. It is generally recommended not to rely on these unnatural methods to sleep, because the long-term effects may only accentuate your insomnia. If you are suffering from insomnia, adopt some natural changes first and then if necessary consult your doctor or pharmacist on the medicines available, ensuring you get the right dosage for your condition. Even if you find that taking medicine is the only beneficial method of curing your insomnia, it is heavily recommended that you do try to sleep unaided and take medications for short periods of time.
« Treatment for Insomnia Sleep Apnoea » | ESSENTIALAI-STEM |
Natural regulatory T cells and de novo-induced regulatory T cells contribute independently to tumor-specific tolerance
Gang Zhou, Hyam I. Levitsky
Research output: Contribution to journalArticlepeer-review
171 Scopus citations
Abstract
Thymus-derived, naturally occurring CD4+CD25 +Foxp3+ regulatory T cells (nTregs) and Tregs induced in the periphery (iTregs) have both been implicated in regulating immune responses. However, the relationship between these populations in the same host, and their relative contribution to the overall Treg pool, has not been examined. Using a tumor-induced T cell tolerance model, we find that expansion of nTregs and de novo generation of iTregs both contribute to tumor-specific T cell tolerance. In this system in which the number of tumor-specific nTregs can be controlled, the efficiency of nTreg expansion significantly exceeds that of the induction of Tregs from uncommitted progenitors in the tumor-bearing host. However, pre-existing nTregs are neither required for the induction of Tregs nor measurably impact on the extent of their accumulation. Instead, induction of Ag-specific regulatory cells from naive cells is intrinsically influenced by the tumor microenvironment and the presence of tumor Ag.
Original languageEnglish (US)
Pages (from-to)2155-2162
Number of pages8
JournalJournal of Immunology
Volume178
Issue number4
DOIs
StatePublished - Feb 15 2007
Externally publishedYes
ASJC Scopus subject areas
• Immunology and Allergy
• Immunology
Fingerprint Dive into the research topics of 'Natural regulatory T cells and de novo-induced regulatory T cells contribute independently to tumor-specific tolerance'. Together they form a unique fingerprint.
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A strong lower body is essential for many tasks, including most sports and many daily activities. Both the hip and thigh muscle groups are important for lower-body strength. As with any muscle groups, use makes the muscles larger, while disuse will cause them to shrink. In order to strengthen the hips and thighs, different exercises are indicated.
Muscle Growth
Hip and thigh muscles grow via the same process as all muscles. When muscles are exercised, the muscle fibers receive a small amount of trauma, causing muscle injury, the University of New Mexico explains. This disrupts small structures within the muscle fibers called organelles. Organelle disruption leads to the activation of other nearby cells called satellite cells, which try to help repair the damaged muscle fibers. These satellite cells fuse to the muscle fibers and many of them are used to form new myofibrils, which are long protein strands that help muscles produce contractile force. An increase in the number of myofibrils allows the muscles to grow larger, which is why exercise increases muscle size.
Muscle Atrophy
Muscle atrophy, in which the muscles are reduced in size, actually has two different causes. Less common is neurogenic atrophy, Medline Plus notes, and is caused by damage to the nerves that connect to the muscles. More common is disuse atrophy, in which the muscles are not used enough, causing them to waste away. This form of atrophy is often seen in people with jobs that don't involve much physical activity or who have medical conditions that limit their ability to exercise. Disuse atrophy can be reversed through exercise and proper nutrition.
Hip Exercises
Exercises that increase the size of the hips are exercises that work the gluteus maximus, the hip abductor muscles (gluteus medius and minimus), the hip flexors (iliopsoas, sartorius, pectineus, rectus femoris and tensor fasciae latae) and the deep hip external rotators. The gluteus maximus muscles are perhaps the easiest of these to exercise, as many basic weightlifting exercises, such as deadlifts, lunges and squats, will strengthen this hip muscle, ExRx.net explains. Strengthening the other muscle groups requires the use of weights or other forms of resistance to oppose hip abduction, flexion and external rotation, Exrx.net notes.
Thigh Exercises
The main muscles of the thighs are the quadriceps, hamstrings and hip adductors. Some of the same exercises that work the gluteus maximus muscles, such as lunges and squats, will also exercise the quadriceps. To exercise the hamstrings, exercises such as hamstring raises, leg curls and straight-leg raises will allow you to increase your hamstring strength. As is the case for the hip abductors, exercising the hip adductors requires adducting (pulling the hip in) against resistance.
About the Author
Adam Cloe has been published in various scientific journals, including the "Journal of Biochemistry." He is currently a pathology resident at the University of Chicago. Cloe holds a Bachelor of Arts in biochemistry from Boston University, a M.D. from the University of Chicago and a Ph.D. in pathology from the University of Chicago.
Photo Credits
• Hemera Technologies/AbleStock.com/Getty Images
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Sling TV not Working; [Quick Guide to fix]
Sling TV is making waves in the digital space recently. It’s a great live TV streaming TV service but it is not without hiccups and challenges. This is normal with anything digital and internet-oriented. Therefore, it’s possible you face the reality of your Sling TV not working; we have come to guide you.
If your Sling TV is not working, there are various things to check and do to resolve whatever issue it might have. We’ll go into the various possible problems that could be hindering your TV from working and provide detailed guides on how to go about them.
1. Check if Sling TV is generally down
Checking to see if the problem you are facing is general or particular is the first thing. The sling could be down in your region or generally and everywhere. To know if the sling is indeed down and not working generally, you can check out their twitter page and see what others are talking about. If there is an outage in the country or region, you will see other users reporting it on their various media pages.
2. Ensure Wi-Fi or internet connection is good
One thing to also check when Sling TV is not working is your internet connection. When on Wi-Fi, your streaming device might not get enough signal for it to work efficiently. Therefore, you should check your device for the connection strength.
For Roku devices;
• Go to Menu
• Then launch settings
• Then open Network Connection
• Check the streaming speed and make sure it is equal to or greater than 1.5Mbps
• If it is not, cross-check to make sure your bandwidth usage is put at Best Quality – No Limit
And ensure the internet is getting data. Meanwhile, on Roku Players, you might only need to refresh and reconnect the wi-fi connection once in a while as you use the service.
For Mobile or Tablets;
• On your device home screen
• Go to Settings
• Locate Wi-Fi
• Now Disconnect and then reconnect to your existing wi-fi connection to ensure you’re getting a fresh signal
In the case of not getting an internet connection to your streaming device, we advise you to check your router or device wi-fi setup as the issue might be from them.
On iOS though, you can check your streaming speed through this guide;
• Go to Sling Settings
• Then Connection
• And then check the “Show streaming and speed during video” box
• Also, look at the current bandwidth measurement. If the streaming speed is below 1.5Mbps, you probably have a problem with a wifi connection or it could be that your router speed is not fast enough.
3. Restart your Sling TV
Just like most technological inventions, restarting a troubled device has a greater chance of resolving its issue. Freezing and buffering problems are most probably prompted by Sling TV server problems or an issue with your wifi or internet connection. But in a situation where you have over 1.0Mbps streams, there is no problem with the Sling servers or your connection.
Meanwhile, occasional buffering or freezing might still happen but restarting your Sling TV is a good step to fixing temporary issues that could make Sling TV stop working.
• Go to your device home screen and scroll down to select Settings
• Under Settings, Proceed to select Applications
• Then Manage Installed Applications
• Now Select Sling TV in the options
• Fully close the application by pressing Force Stop
• Once fully closed, try relaunching the program again
4. Fix the issue with your Amazon Fire TV cache
On another hand, some streamers could be experiencing freezing problems on their Fire TV devices. To solve this;
• Go to Settings on your home screen
• Find and open Applications
• Proceed to click on Manage Applications to find Sling TV App
• After accessing it, select Clear cache and Clear data
This should solve the issue of your Sling TV not loading.
5. Fix ESPN issues causing Sling TV not to work
Typically, ESPN streams have been problematic. The experience on Sling TV is no different. Streams can sometimes become choppy or refuse to load at all. The problem could be a combination of ESPN and Sling complications of not providing adequate bandwidth needed to stream.
The situation happens to be worse on some game days when a large number of users are trying to log in at the same time to watch live games. For cases like this though, and to save you from missing that important game, we advise you use the Watch ESPN app on your streaming devices using your Sling account after authentication. This is because it appears that ESPN will provide higher bandwidth to their channel.
We trust the guides we have provided for you to solve the probable issues causing your Sling TV not to work. In case you are having issues performing the above-explained processes, do let us know in the comment section so we can actively communicate further with you.
Meanwhile, what has been your experience as a user? Kindly let us know in the comment section.
Leave a Comment | ESSENTIALAI-STEM |
-- Hungary to Consider ECB Opinion on Central Bank Law, Orban Says
Hungary will consider the European
Central Bank ’s opinion on the country’s draft central bank law
“with due seriousness,” Prime Minister Viktor Orban said. Orban hasn’t read the ECB’s opinion yet, he told reporters
in Budapest today. Comments by central bank President Andras
Simor on the central bank law were “political provocation,”
Orban added. Orban is seeking a “total takeover” of the central bank,
Simor told the news website Index in an interview published
today. To contact the reporter on this story:
Zoltan Simon in Budapest at
zsimon@bloomberg.net To contact the editor responsible for this story:
Balazs Penz at
bpenz@bloomberg.net | NEWS-MULTISOURCE |
-- Jabal Omar Development Project in Mecca on Schedule, Watan Says
Jabal Omar Development Co. (JOMAR) ’s real-
estate development project in Saudi Arabia’s holy city of Mecca
is proceeding on schedule, al-Watan newspaper reported, citing
Chairman Abdul Rahman Faqih. The company has rented 48 shops for a value of 62 million
riyals ($16.5 million) a year in an area of the development on
Ibrahim al-Khalil street, the newspaper reported, citing Faqih. To contact the reporter on this story:
Glen Carey in Riyadh at
gcarey8@bloomberg.net To contact the editor responsible for this story:
Andrew J. Barden at
barden@bloomberg.net | NEWS-MULTISOURCE |
Ishi, The “Last Wild Indian”
In 1911, the last Native American known to be living “in the wild” and the last member of the Yahi tribe, surrendered to white civilization and mesmerized the nation, a living “relic” of a bygone era.
For tens of thousands of years, his people had lived in the beautiful country that would someday become northern California, among the mountains, meadows rich in bulbs, nuts and berries, forests glutted with big game and grizzlies, rushing rivers choked with salmon. The Yahi were a prosperous people, but as whites flooded into their ancestral land, they were decimated first by disease and then by guns. The 19th-century California genocide nearly wiped out the Yahi, and their parent tribe the Yani. Settlers set bounties of 50¢ a scalp and $5 per head for dead Yahi.
In 1865, when Ishi was five years old, his village was attacked in the Three Knolls Massacre, and 40 tribe members were killed. Only 33 survived, but cattlemen then murdered half of the survivors. The small group of last remaining Yahi, including Ishi and his family, hid in the mountains for the next 44 years.
In 1908, surveyors happened upon a camp with two older men and two old women. They were Ishi, his sister, mother and uncle. They fled but Ishi’s mother was very old and ailing and died. The surveyors ransacked the camp.
Ishi lived in the wilderness three more years, but after his uncle and sister died and forest fires decimated much of the area, Ishi began to starve because of loss of vegetation and game. On August 29, 1911, Ishi—nearly starving—decided to walk down from the mountain wilderness into a white settlement that had a slaughterhouse. Wearing a loin cloth and carrying his bow and quiver, he quickly caused a commotion and the sheriff arrested Ishi and put him in handcuffs. Ishi, it was said, smiled and complied with the sheriff’s demands. The local townspeople in nearby Oroville flocked to see the “wild man” from the wilderness. Soon curiosity seekers were coming from far-flung areas and the sheriff displayed the Yani Indian like a freak show speciman.
News of the sheriff’s “exhibit” reached university anthropology professors at University of California at Berkeley. Professor Alfred L. Kroeber removed the Yani Indian from the jail and brought him to the university to live and, not surprisingly, to be studied and exhibited.
When Kroeber asked his name, the Indian replied: "I have none, because there were no people to name me." According to Yahi custom, others had to introduce him to strangers. So Kroeber named him “Ishi,” which meant “man” in the Yani mother tongue.
Kroeber soon discovered that Ishi was amazingly intelligent and dignified. Kroeber wrote that he assimilated into the new white culture and the “ordeal of civilization” with preternatural grace. Ishi lived University of California's Museum of Anthropology, where he worked with linguists who were studying his language. On the weekends, he gave demonstrations to San Francisco crowds of his lifeways and survival skills, making bows and arrows, sparking a friction fire, building huts for shelter.
Kroeber marveled at Ishi’s confidence and independence. He held the rapt attention of the public that came to see him and his demonstrations were educational rather than carnival performances. Ishi told Kroeber that he liked instructing whites, whom he considered “sophisticated children—smart but not wise.”
Ishi’s intelligence and ebullient personality were so engaging that other anthropologists, scholars and filmmakers were anxious to meet him. In Februrary 1915, during the Panama-Pacific International Exposition, Ishi was filmed by Hearst-Selig News. (The film has since been preserved.)
In June 1915, Ishi was invited to live in Berkeley with anthropologist Thomas Talbot Waterman and his family. And in the summer of 1915, Ishi was interviewed and recorded by linguist Edward Sapir. (Those wax cylinders have since been recovered and restored.)
Professor of medicine Saxton Pope of UCSF also became close friends with Ishi, often hunted with Ishi and learned how to make bows and arrows in the Yahi way. Dr. Pope was also Ishi’s personal physician and realized too late that Ishi did not have the immunity’s to white diseases. Ishi contracted tuberculosis and died in 1916, only five years after he had come in from the wilderness. Saxton Pope was at his bedside when he died. He reported that Ishi’s last words were: “You stay. I go.”
Ishi had requested that his Yahi funerary tradition be respected and that his body remain intact for the afterlife. Some of his friends tried to protect his wishes, but the medical school performed an autopsy before friends could prevent it. Ishi’s brain was removed and sent to the Smithsonian. (It was not repatriated to until August 2000, when it was sent to the descendants of the Redding Rancheria and Pit River tribes to be re-united with the rest of Ishi’s remains and buried in a secret place.
So ended the final encounter between an ancient Paleolithic culture thousands of years old and the white industrial juggernaut in North America. Typical to the end, whites could not be trusted to keep their word. Ishi’s dignity, nevertheless, remained intact, even if his remains did not....
You may find this related post interesting:
• The Tragic Mystery of Geronimo’s Skull
“Ishi, The Last Wild Indian” was first published on May 15, 2021 on Facebook and NotesfromtheFrontier.com .
©2021 Notes from the Frontier | FINEWEB-EDU |
Page:The Works of Lord Byron (ed. Coleridge, Prothero) - Volume 2.djvu/410
368 LII.
Glowing, and circumfused in speechless love—
Their full divinity inadequate
That feeling to express, or to improve—
The Gods become as mortals—and man's fate
Has moments like their brightest; but the weight
Of earth recoils upon us;—let it go!
We can recall such visions, and create,
From what has been, or might be, things which grow
Into thy statue's form, and look like gods below.
LIII.
I leave to learnéd fingers, and wise hands,
The Artist and his Ape, to teach and tell
How well his Connoisseurship understands
The graceful bend, and the voluptuous swell:
Let these describe the undescribable:
I would not their vile breath should crisp the stream
Wherein that Image shall for ever dwell—
The unruffled mirror of the loveliest dream
That ever left the sky on the deep soul to beam. | WIKI |
Wikipedia:Wikipedia Signpost/Boneyard/Interviews desk/CTO
This week The Signpost was lucky enough to catch up with Danese Cooper, the Wikimedia Foundation's Chief Technical Officer (CTO). Since February this year, when she took over from Brion Vibber as CTO for all WMF projects, Danese has been responsible for overseeing much of Wikimedia's technical direction, including overall responsibility for "site, service, maintenance, upgrade, backup, disaster recovery, and technical support operations", software development and technical staff. We asked her a few questions about how she was finding her new job and about what the future may hold for Wikimedia.
'''Thanks for agreeing to speak, Danese. According to your Wikipedia biography, you enjoy "knitting in public". Would Wikimedia benefit from having more knitters, do you think? '''
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'You took over one of the two roles previously held by Brion (who will be well known to Signpost'' regulars) - never before has the WMF had an independent CTO. How have you found carving out this new role? What have you been up to?'''
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'''It cannot be easy being dropped into a well-established volunteer community. What qualities do you think it takes to be able to handle a community like this one well? Have you been contributing to project such as Wikipedia yourself?'''
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'''Before joining the WMF, you worked for both Intel and Sun Microsystems. How does working for the WMF, with its few dozen paid employees, compare to working for such large organisations?'''
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'''Overseeing the technical maintenance of a series of large websites day after day is not something that appeals to many people. What gets you up in the morning?'''
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'''The Wikimedia Foundation is not only committed to free content, but also uses free software and lists "open formats and open standards on the web" among its values. (For example, Wikimedia sites are a major user of the free Ogg format for audio and video on the web.) Can you spell out a bit what this commitment means for you as CTO? As an example, how to interpret the use of Flash for minor usability improvements (not involving patent-encumbered codecs)? Does all software used by the Foundation (even internally) have to be open source? '''
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'''It has been noted that your hire made Wikimedia the only top 10 website operator with a female CTO. Recently there has been much discussion on the Foundation-l mailing list about how to attract more women as contributors. You have often spoken about gender issues in open source communities. Could you share some insights that might apply to the Wikimedia communities, too?'''
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'''You recently said that the Foundation is setting up a new datacenter in Virginia and a second one on the U.S. West coast. Can you tell us a bit more about their technical purpose and current status, and perhaps about further infrastructure plans?'''
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'Looking at the bigger picture: Longtime Wikipedians might recall some pains in the past from shortages in the tech budget - in 2006 The Signpost'' asked Jimmy Wales "Budget permitting, are there any plans to increase the number of Wikipedia servers?". Given that the last Foundation fundraiser raised several million dollars, should we expect technical improvements that were enabled by this success, or is money no longer the issue?'''
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'''In your job, you are both responsible for WMF sites (Wikipedia, Wiktionary, etc.) and for overseeing the development of the open source software behind it (MediaWiki). Is what is best for one best for the other? Is there any conflict between the two objectives?'''
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'''Wikia have done a lot of work on MediaWiki to improve the usability of their wikis and in May you said that you were in talks with them, to check if some of their code could used for Wikimedia sites. How has that been going, and which Wikia features are the most interesting from our point of view?'''
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'''You recently attended the Federated Social Web conference and the Foundation is interested in using social web features "as an aggregated 'social bus' for community activities". Could you describe some of the ideas being explored in that direction, and are there any concrete plans yet?'''
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'''The job description for CTO asks for improvement in "bug response time, code review response time, etc.", something that affects many developers, if not editors and readers themselves. Have you been able to establish a plan for achieving this long- and short-term?'''
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What is the best advice for a Wikimedia project that wants a particular configuration changed (or a feature developed) for their wiki?
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'Some weeks ago, the Signpost'' reported on a controversy (about a change that came with the new user interface) that led Erik Möller to observe "a widening gap between staff and volunteer contributions". Any thoughts about this issue in general? What is the best process to decide about software changes that might have a large impact on a project's way of collaborating, or the relationship between projects? (For example, it has been noted that one of the current Google Summer of Code projects has such potential.)'''
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'''Finally, in terms of growing Wikimedia's reach, do you see it as the job of the Foundation's technical team to provide stability despite growing communities, or to actively encourage this and, if so, how? Anything else you would like to share with Signpost readers?'''
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Air pressure, temperature and altitude with BMP280 sensor
Author: Posted on: Updated on: 2019-01-24T10:53:41Z
Measure atmospheric pressure and temperature with a BMP280 sensor. Compute altitude from pressure and display all of them on a graphic LCD.
BMP280 is a digital air pressure sensor especially designed for mobile applications. It is a very small device, having a footprint of 2 by 2.5 millimeters. Interfacing with a development board would be difficult if breakout boards wouldn't exist. Even so, there's another issue: sensor's nominal voltage is 1.8 V. Fortunately, it can handle 3.3 volts. BMP280 can measure atmospheric pressure and temperature. Since there is a correlation between pressure and altitude, the latter can be estimated.
I ended up wiring this sensor to a 5 V development board because of the display. Pressure, temperature and altitude required 3 rows, so I used my ST7920 graphic LCD. Although this controller works at 3.3V, the way my display is hardwired by manufacturer does not because you cannot increase contrast enough. I connected the display in SPI mode, so only 4 wires are used (3 for SPI and 1 is reset). The BMP280 supports either SPI or I2C interface. Because the only level shifter I have is one I built a while ago for I2C, this is the protocol I wrote the code for.
The BMP280 sensor on the breadboard
The BMP280 sensor on the breadboard
BMP280 gets its power from the 3.3 V output of Arduino Nano. To make it work in I2C mode, the chip select input (CSB) must be high. Do not pull high the SPI data output pin as some claim they did. That's an output pin which must remain floating when not using SPI.
Connections of BMP280 to Arduino with level shifter and display
Connections of BMP280 to Arduino with level shifter and display
In the above schematic, the four 10 k resistors and the two FET transistors make the level shifter. You can use a ready made module instead of that. Note that some breakout modules include level shifting circuitry. If you see other's projects where such modules are connected directly to 5 V board, look twice. If your sensor does not have additional parts on the PCB, do not wire it without shifting the voltage!
For the sensor I used BMx280MI library by Gregor Christandl. It supports both SPI and I2C interfaces and is available to install directly in Arduino IDE Library Manager. I like this library because I can configure the sensor the way want. Just after power up, the ADC of the sensor module is disabled and it enters sleep mode. It needs to be configured. There is also an integrated IIR filter which can be configured. The above library lets me set everything according to my needs. Multiple configurations depending on use case are available in datasheet, in Table 7 from section 3.4. I opted for indoor navigation case, with ultra high resolution pressure measurement, lower resolution for temperature and filter enabled. This mode draws the highest current (still, that's only 650 microamps). Pressure resolution is set at 0.16 Pa and temperature resolution is 0.0025 degrees Celsius. Although these numbers are impressive, resolution is not the same as accuracy. Pressure accuracy is ±170 Pa and temperature accuracy is ±1 degree Celsius. The initialization routine for the sensor could look like this, with the settings I chose:
bmp280.resetToDefaults();
bmp280.writeOversamplingPressure(BMx280MI::OSRS_P_x16);
bmp280.writeOversamplingTemperature(BMx280MI::OSRS_T_x02);
bmp280.writeFilterSetting(BMx280MI::FILTER_x16);
bmp280.writePowerMode(BMx280MI::BMx280_MODE_NORMAL);
bmp280.writeStandbyTime(BMx280MI::T_SB_5);
Pressure and temperature are computed from sensor data using a rather complicated algorithm. A non volatile memory holds calibration data. This is read once and used in conjunction with the current ADC readout to compute output values (the library handles it). You get pressure in Pa. I converted it to millimeters of mercury. But, if you want, you can divide it by 100 to have it in hPa instead. Conversion is made when the display string is built.
So, how do we get the altitude? There is a correlation between air pressure and altitude. The BMP280 datasheet doesn't say a thing about altitude, but the datasheet of BMP180 has a section about it and gives the barometric formula.
altitude = 44330 * (1.0 - pow((pressure / 100) / 1013.25, 0.1903));
In this formula, 1013.25 is the pressure at sea level in hPa.
Instead of library, for the display I used my own code. Because ST7920 is a graphic controller with text mode, I find it better to write text in this mode. It saves a lot of memory because fonts are builtin. With four text rows of 16 characters, the display is just what I need. I'm making use of the graphic mode too. I implemented a function that displays a 16x16 icon on the leftmost column of the display.
void ST7920_displayIcon16(uint8_t row, uint8_t *icon) {
uint8_t y_address = 0x80;
uint8_t x_address = 0x80;
if (row >= 2) x_address = 0x88;
if (row % 2 == 1) y_address += 16;
for (uint8_t i = 0; i < 16; i++) {
ST7920_Write(LCD_COMMAND, y_address + i);
ST7920_Write(LCD_COMMAND, x_address);
ST7920_Write(LCD_DATA, icon[i * 2]);
ST7920_Write(LCD_DATA, icon[i * 2 + 1]);
}
}
To generate icon data, I used the online tool dotmatrixtool.com. There is enough space in ATmega328 flash memory to store three 16x16 bitmaps. Full code is on GitHub.
There is one big disadvantage of this project for anyone who decides to build it. You cannot replace the ST7920 display without making significant changes to the code. Yet, as it is, the code is simple, fast and uses low memory on the MCU.
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COMMONWEALTH of Pennsylvania, Appellee v. Bryan Sean GALVIN, Appellant.
Supreme Court of Pennsylvania.
Submitted Oct. 6, 2008.
Decided Dec. 28, 2009.
Timothy Alan Biltcliff, Berks County Public Defender’s Office, Kutztown, for Bryan Sean Galvin.
Mark Carlyle Baldwin, Berks County District Attorney’s Office, Harrisburg, Kelley Lynn Nelson, PA Office of Attorney General, for Commonwealth of Pennsylvania.
BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, GREENSPAN, JJ.
OPINION
Justice TODD.
Bryan Sean Galvin appeals the judgment of sentence of death imposed by the Court of Common Pleas of Berks County on September 6, 2007, following a jury trial. The jury convicted Appellant of first-degree murder, abuse of a corpse, tampering with or fabricating physical evidence, theft by unlawful taking or disposition, receiving stolen property, and unauthorized use of automobile and other vehicles. Additionally, the trial court found Appellant guilty of the summary offenses of driving without lights to avoid identification or arrest and periods for requiring lighted lamps. For the reasons offered below, we find the issues raised by Appellant are without merit. Thus, we affirm the convictions and judgment of sentence.
The evidence of record establishes the following facts. At approximately 3:00 а.m. on January 31, 2006, Officer Nicholas Hine, Sr. of the Cumru Township Police Department, on patrol in the Borough of Kenhorst, Berks County, Pennsylvania, observed a maroon 1988 Ford Aerostar van travelling on New Holland Road. The van was heading toward Nolde Forest, a wooded public park and operating without its headlights illuminated. Based upon this violation of the Motor Vehicle Code, Officer Hine activated his overhead lights in an attempt to stop the van. The van made numerous evasive turns through the streets and alleyways of Kenhorst before ultimately coming to a stop.
An individual, later identified through his driver’s license as Appellant, exited the van, and walked toward Officer Hine’s patrol car. After being ordered twice to return to his vehicle, Appellant returned to the van. Officer Hine radioed for assistance. While waiting for the backup officers to arrive, Officer Hine observed through the window of the van what appeared to be a human leg with a peace sign tattooed on the skin, with a white sneaker on the foot. After observing this body, Officer Hine instructed Appellant, through the P.A. system of his patrol car, for Appellant to turn off the engine of the van and throw the key out of the window with his left hand. The key was on a ring with a “Jello” key fob. Officer Hine also noticed that a piece of plastic was broken off of the van’s bumper. Shortly thereafter, Officer Hine was joined by Sergeant Scott Bechtel and Officer James Griffith.
As the officers approached the van, Sergeant Bechtel observed a large, approximately 400-pound white male, later determined to be Kristofer Kolesnik, lying in the back of the van. Kolesnik was wrapped in a large white sheet or tarp which was tied with yellow electrical cord. There appeared to be blood on Kolesnik’s chest and on the sheet, and he did not appear to be breathing. After directing Appellant to exit the vehicle and lie on the ground, Officer Hine asked if there was anyone else in the van, to which Appellant responded, “just a dead guy,” or “only the dead guy.” N.T., 8/6/07, at 59, 106. Subsequently, EMS personnel who were summoned to the scene confirmed Kolesnik was not breathing and had no heartbeat, and determined that he was dead.
Also at this time, Officer Hiñe and Sergeant Bechtel observed a red gasoline can placed on the front passenger seat, which was later determined to be full of gasoline. Additionally, Sergeant Bechtel saw a Motorola cellular telephone lying in the center console of the van. After Appellant was taken into custody, Sergeant Bechtel noticed blood on Appellant’s pant leg, boot, wrist watch, and glasses. The officers transported Appellant to the Cumru Township Police Department. There, Appellant was placed in a holding cell and instructed not to wash his hands in the sink. Later, however, Appellant was observed by a surveillance camera, dunking his hands into the toilet bowel and rubbing them together.
Through Appellant’s driver’s license, the police were able to obtain the address of Appellant’s residence — 812 South 18th Street, Reading, Pennsylvania. Investigators were dispatched to Appellant’s residence to search for pieces of broken bumper from the van, which had been impounded after the removal of the victim’s body. Upon his arrival at Appellant’s residence, Sergeant Guy Lehman of the Reading Police Department observed fresh blood leading from the sidewalk to the front door of the residence, and a wooden broom with blood on it, on the sidewalk. Based upon his observation of what he believed to be fresh blood spread across the front of the residence, and his fear that there may have been other victims inside the residence who may require medical attention, Sergeant Lehman called for assistance and determined that it was prudent to conduct a security check of the residence.
Thereafter, Criminal Investigators William Strickler and Andrew Shearer arrived at Appellant’s residence. Investigator Strickler knocked on the front door of the residence. Initially, there was no response. After knocking a second time, Investigator Strickler heard a faint muffled voice coming from inside the residence. Investigator Strickler pushed open the front door, and three officers entered the residence. The officers proceeded room-by-room in search of individuals in the apartment. The officers checked a living room, a kitchen, a rear bathroom, and a bedroom where they encountered William Galvin, Appellant’s father, who was lying on a bed. Appellant’s father was not injured or in need of medical care. The officers explained why they were in the apartment, gave him an opportunity to dress, and then escorted him from the apartment so that the security check could be completed.
Proceeding to the next room, which was later determined to be Appellant’s bedroom, the officers observed a bullet shell casing and blood on the carpet. After assuring themselves there were no additional victims or persons requiring medical attention, the officers vacated the residence. Outside the residence, the officers found a piece of plastic bumper along the curb and sidewalk directly beneath a damaged porch post, which later was determined the match the damage to the van.
Investigator Shearer prepared a search warrant, and a magisterial district judge issued the warrant authorizing a search of the premises. Pursuant to the search of the residence, the officers recovered from Appellant’s bedroom a rifle shell casing, a shell casing on a dresser, a discharged bullet projectile, an impact indentation on the wall directly above the bullet, yellow electrical wire (which later was determined to have been the source of the wire wrapped around Kolesnik’s body), yellow wire cutters (which later were determined to have cut the wire used to secure the tarp around the victim’s body), a pool of blood at the foot of the bed, a pool of blood on the mattress, and a larger pool of blood on the underside of the mattress. Additionally, the search uncovered a Brinks lock box, which was located underneath the bed in Appellant’s bedroom. Subsequently, a district judge issued a second search warrant authorizing the seizure of the contents of the lock box, which we discuss below.
Dr. Samuel Land, a certified forensic pathologist, performed an autopsy of Ko-lesnik’s body. The autopsy revealed that Kolesnik’s death was a result of a gunshot wound to the head. The autopsy also disclosed that a boot lace was wrapped around Kolesnik’s left arm in a fashion associated with intravenous drug use. Injection sites on Kolesnik’s arms were observed and toxicology reports revealed the presence of morphine, codeine, and alcohol in Kolesnik’s body.
Finally, additional evidence adduced at trial established that, on January 27, 2006, at an A-Plus minimarket on Perkiomen Avenue in Reading, Appellant and Koles-nik engaged in a heated argument regarding $20.00 and a cellular telephone. Three days later, on January 30, 2006, Wendy Hess, the victim’s girlfriend with whom he lived, picked up Kolesnik after he finished his shift with the Reading Metro Taxi Company. The two returned to then-home in Reading. After eating a meal, Hess and Kolesnik went to bed. When Hess awoke at 1:45 p.m., Kolesnik was gone and had evidently taken Hess’ maroon van with him. In the interim, at approximately 12:15 p.m., Kolesnik went to the A-Plus minimarket on Perkiomen Avenue where he was confronted by Appellant regarding the return of a cellular telephone.
Appellant was tried before a jury, commencing August 6, 2007. The jury found Appellant guilty of the above-stated crimes, including first-degree murder. On August 13, 2007, the jury found the aggravating circumstance that Appellant had a significant history of felony convictions involving the use or threat of violence to the person. 42 Pa.C.S.A. § 9711(d)(9). The jury also found as a mitigating circumstance that Appellant committed three of his prior felonies when he was a juvenile. See 42 Pa.C.S.A. § 9711(e)(8). The jury concluded that the aggravating circumstance outweighed the mitigating circumstance and rendered a verdict of death. On September 6, 2007, the trial court formally sentenced Appellant to death and a consecutive, aggregate sentence of no less than 5 nor more than 11 years’ imprisonment for the convictions for abuse of a corpse, tampering with evidence, and theft by unlawful taking. The trial court imposed no further sentence on the remaining crimes. On September 27, 2007, Appellant filed a notice of appeal, and, on March 13, 2008, the trial court rendered its 1925(a) opinion, denying Appellant relief. This appeal followed.
I. Sufficiency of the Evidence
It is our Court’s practice to review the sufficiency of the evidence for first-degree murder in all direct appeals from the imposition of capital punishment irrespective of whether the appellant mounts a sufficiency challenge. Commonwealth v. Champney, 574 Pa. 485, 442, 832 A.2d 403, 407 (2003); Commonwealth v. Zettlemoyer, 500 Pa. 16, 26 n. 3, 454 A.2d 937, 942 n. 3 (1982). In the appeal sub judice, Appellant claims that his conviction for first-degree murder, as well as his convictions for theft by unlawful taking, and receiving stolen property, was not supported by sufficient evidence. In reviewing a claim regarding the sufficiency of the evidence, an appellate court must determine whether the evidence was sufficient to allow the fact finder to find every element of the crimes charged beyond a reasonable doubt. Commonwealth v. La-Cava, 542 Pa. 160, 171, 666 A.2d 221, 226 (1995). In doing so, a reviewing court views all the evidence and reasonable inferences therefrom in the light most favorable to the Commonwealth. Id. Furthermore, in applying this standard, the Commonwealth may sustain its burden of proof by means of wholly circumstantial evidence. Commonwealth v. Cousar, 593 Pa. 204, 217, 928 A.2d 1025, 1032 (2007). When performing its review, an appellate court should evaluate the entire record and all evidence received is to be considered, whether or not the trial court’s rulings thereon were correct. Additionally, we note that the trier of fact, while passing on the credibility of witnesses and the weight of the evidence, is free to believe all, part, or none of the evidence. Id. at 217, 928 A.2d at 1032-33. With these tenets in mind, we turn to Appellant’s arguments concerning the sufficiency of the evidence.
A. First-Degree Murder
First, Appellant claims that the evidence was insufficient to support his conviction for murder in the first degree. Specifically, Appellant offers that there is no evidence to establish either that he killed Kolesnik or that he had the specific intent to kill. No testimony placed him at his residence when Kolesnik was shot, and similarly, no evidence established that Appellant owned a gun or fired a gun as there was no residue found on his clothing or person. Moreover, evidence suggested that Kolesnik had a long history of heroin addiction and that he was despondent over his inability to be free from this addiction. Appellant avers that Dr. Land, who testified on behalf of the Commonwealth, could not tell from the observation of Kolesnik’s body whether or not the gunshot wound was self-inflicted. According to Appellant, while Kolesnik’s DNA was found on Appellant’s watch, this was consistent with Appellant moving the body, but not that he was present when Kolesnik died. Thus, Appellant complains that the evidence was insufficient to uphold the conviction for first-degree murder.
The Commonwealth responds that its theory of the murder was that Appellant, upset over circumstances surrounding his brother’s incarceration, shot Kolesnik in the head while Kolesnik was in the process of injecting heroin in Appellant’s bedroom. Appellant then loaded Kolesnik’s body into the van, intending to destroy both the body and the vehicle. Conversely, Appellant’s theory was that Kolesnik shot himself in the head after attempting to commit suicide by overdosing. When viewing the evidence in the light most favorable to the Commonwealth, as verdict winner, the Commonwealth maintains that there was sufficient evidence for the jury to conclude that Appellant killed Kolesnik and that Appellant did so with specific intent.
To prove murder of the first-degree, the Commonwealth must establish that: (1) a human being was unlawfully killed; (2) the person accused is responsible for the killing; and (8) the accused acted with malice and a specific intent to kill. 18 Pa.C.S.A. §§ 2501, 2502(d); Commonwealth v. Kennedy, 598 Pa. 621, 629, 959 A.2d 916, 921 (2008). “Intentional killing” is defined as including killing by means of poison, or by lying in wait, or by any other kind of willful, deliberate, and premeditated killing. 18 Pa.C.S.A. § 2502(d). The specific intent essential to support a first-degree murder conviction may be shown by use of a deadly weapon upon a vital part of the victim’s body. Commonwealth v. Rivera, 565 Pa. 289, 295, 773 A.2d 131, 135 (2001).
Upon review, we believe that the evidence adduced at trial, when viewed in the light most favorable to the Commonwealth as verdict winner, was sufficient to sustain the jury’s verdict of first-degree murder. The evidence supports a finding that a human being was unlawfully killed, as the victim, Kolesnik, died from a gunshot wound to the head. Evidence further supports a finding that the person accused, Appellant, was responsible for the death of the victim and that Appellant acted with malice and specific intent to kill.
Specifically, the evidence established that 15 hours before Kolesnik’s body was found in the back of Hess’ van, Appellant and Kolesnik were together at an A-Plus minimarket. Kolesnik was to go to Appellant’s house later that day to return a cellular telephone, a source of controversy between the men, and which sparked an argument’ between Kolesnik and Appellant a few days earlier at the same store. The evidence places Kolesnik at Appellant’s residence where DNA analysis matches Kolesnik’s DNA with that of blood on Appellant’s mattress and a bullet. A trail of blood led from Appellant’s residence to the curb. Appellant was stopped while driving a van, operating without the use of headlights, and while heading towards Nolde Forest, a secluded wooded park. When asked by police if anyone else was in the vehicle, Appellant responded, “just a dead guy” or “only the dead guy.” In the cargo area of the van was Kolesnik’s body and on the front passenger seat was a container full of gasoline. Kolesnik’s body was wrapped in a blood-soaked covering, bound with electrical wire, which matched wire recovered from Appellant’s room. Also, located in the vehicle was a cellular telephone belonging to Appellant’s brother. Appellant was observed with blood on his pants, watch, and glasses. The blood on Appellant’s watch matched Kolesnik’s DNA. After being arrested, Appellant was instructed not to wash his hands, yet, Appellant attempted to wash his hands in a toilet bowl in his holding cell. Finally, Commonwealth witness, Dr. Land, an expert in forensic pathology, believed that the circumstances surrounding Kolesnik’s death, combined with the crime scene evidence, strongly suggested a homicide. Dr. Land pointed to the fact that Kolesnik had a ligature still tied around his left arm, consistent with present drug use. As Dr. Land opined, because Kolesnik was right-handed, he would have had to have been shooting drugs into his left arm, yet, the entrance wound was in the left side of Kolesnik’s head. This evidence, coupled with an attempt to hide the murder and the lack of notice to the police of a suicide, all pointed away from suicide and toward a finding of a homicide. Based upon this evidence, we hold that the evidence supports the jury’s conviction of first-degree murder.
B. Theft By Unlawful Taking
Additionally, Appellant contends that the evidence was insufficient to establish theft by unlawful taking. While Appellant acknowledges that he was stopped operating Hess’ van and was operating the van with a key attached to Hess’ Jello key fob, according to Appellant, it could be inferred that Kolesnik had permission to use Hess’ van, because Kolesnik and Hess lived together and were boyfriend and girlfriend. Moreover, evidence existed that Kolesnik and Appellant were friends. Appellant maintains that the Commonwealth did not present evidence that he did not have permission from Kolesnik to use the van or that he intended to deprive Hess of the van. Thus, as the evidence fails to establish that he intended to deprive Hess of her van, Appellant claims that the evidence does not support a conviction of theft by unlawful taking.
The Commonwealth points to Hess’ testimony that the van belonged to her, that there was only one key to the van, and that the van key was on her Jello key chain. Moreover, Hess testified that she did not give her key ring to Appellant or give him permission to operate the vehicle. Furthermore, the Commonwealth submits that circumstantial evidence supported the Commonwealth’s theory, accepted by the jury it contends, that Appellant killed Ko-lesnik and placed his body into the van with the intent to dispose of both the body and the van. Supporting this view, the Commonwealth notes that a full gasoline container was found on the front passenger seat of the van, and Hess testified that the gasoline container was previously empty in the cargo area of the van and was filled only if the van ran out of gas.
The trial court found the evidence sufficient to establish Appellant’s conviction for theft by unlawful taking. Citing to the evidence offered by the Commonwealth above, the trial court concluded that there was sufficient evidence from which the jury could have concluded that Appellant possessed the requisite intent to deprive Hess of her van.
To uphold a conviction for theft by unlawful taking, the Commonwealth must establish the accused “unlawfully takes, or exercises unlawful control over, movable property of another with intent to deprive him thereof.” 18 Pa.C.S.A. § 3921(a). We find that the evidence was sufficient to establish a theft by unlawful taking. Viewing the evidence in the light most favorable to the Commonwealth, as verdict winner, with all reasonable inferences drawn there from, and as set forth by the Commonwealth and the trial court, Appellant was found operating Hess’ van, using the only keys to the vehicle, without Hess’ permission. Appellant was driving the van towards a secluded wooded area, Nolde Forest, in the early morning hours without its headlights illuminated. In the cargo area of the van was the body of Hess’ live-in boyfriend, and in the front passenger seat of the van was a container filled with gasoline. Based upon the evidence of record, as properly considered, we conclude that there was sufficient evidence to establish that Appellant exercised unlawful control over Hess’ van with the intent to deprive her thereof. Thus, Appellant’s claim fails.
C. Receiving Stolen Property
Finally, Appellant complains that the evidence was insufficient to establish his conviction for receiving stolen property. Appellant points to the short time period from when the van was last seen by Hess and when the police stopped him while operating the van. He also highlights evidence that Appellant and Kolesnik were friends and contends that there is no evidence whether Kolesnik gave him permission to use Hess’ van. Furthermore, Appellant develops that he voluntarily stopped the van after being ordered to by police, that he was cooperative with police, and that the van was not taken far from the residence of the owner. According to Appellant, all of these factors suggest the evidence is insufficient to establish that Appellant did not intend to restore the van to its owner, a necessary requirement to establish the crime of receiving stolen property.
The Commonwealth provides, in sum, that the same facts sufficient to establish the elements of theft by unlawful taking also support the conviction for receiving stolen property. The trial court agreed.
Receiving stolen property is established by proving that the accused “intentionally receives, retains, or disposes of movable property of another knowing that it has been stolen, or believing that it has probably been stolen, unless the property is received, retained, or disposed of with intent to restore it to the owner.” 18 Pa. C.S.A. § 3925(a). We conclude the evidence of record established the elements of receiving stolen property. Again, Appellant was stopped by police while driving Hess’ van, without her permission, using her keys. Appellant was driving the van, without headlights illuminated, in the direction of Nolde Forest, with Kolesnik’s body, as well as a container filled with gasoline. While Appellant offers a different scenario to explain the course of events, when the evidence is viewed in the light most favorable to the Commonwealth, the evidence was sufficient to establish that Appellant retained Hess’ van, knowing it was stolen, and that he did not intend to return the van to Hess. Thus, we reject Appellant’s sufficiency claims.
II. Weight of the Evidence
In a related claim, Appellant alleges that the verdict of murder in the first degree was against the weight of the evidence. Specifically, Appellant contends that the Commonwealth’s expert, Dr. Land, an expert in forensic pathology, testified that the cause of death of Kolesnik was a gunshot wound to the head and that the manner of death was homicide. Yet, as Appellant asserts, Dr. Land could not determine, solely by examining the victim’s body, if the manner of death was a suicide or a homicide. Appellant’s expert, Dr. John Shane, an expert in both forensic pathology and toxicology, testified that the manner of death was a suicide, stating that the victim had an extremely high level of opiates in his system, that this constituted a suicide attempt by injecting such a large quantity of opiates. He also offered that the victim was attempting suicide by two means — a gunshot wound to the head and overdosing on opiates. Appellant reasons that, based upon this conflicting testimony between the Commonwealth’s expert and his expert, the weight of the evidence does not support a verdict of guilty for murder of the first degree.
Appellant also claims that his convictions of theft by unlawful taking and receiving stolen property are against the weight of the evidence. With respect to both challenges, and similar to his suffi-eieney-of-the-evidence challenges, Appellant offers that, as Kolesnik had permission to use the van, he in turn had the authority to give permission to others to use the van. Appellant points out that the Commonwealth failed to provide evidence that the victim did not allow Appellant to use the van, and, therefore, Appellant avers that there was no evidence presented that Appellant was not given permission to use the van by Kolesnik before his death. Furthermore, Appellant maintains he was found operating the van belonging to Hess less than one day after she had last seen the van and he was using the proper key for the vehicle. Thus, Appellant asserts that the weight of the evidence did not support a finding that he did not plan on restoring the van to Hess and that he intended to permanently deprive her of the van. Therefore, according to Appellant, the convictions for theft by unlawful taking and receiving stolen property were against the weight of the evidence.
An allegation that the verdict is against the weight of the evidence is addressed to the discretion of the trial court. Cousar, 593 Pa. at 222, 928 A.2d at 1035-36. A new trial is awarded only when the verdict is so contrary to the evidence as to shock one’s sense of justice. Id. at 222, 928 A.2d at 1036. Appellate review is limited to determining whether the trial court abused its discretion in ruling on the weight claim, and not the underlying question of whether the verdict is against the weight of the evidence. Id. Based upon the above, it is plain that a “trial court’s denial of a motion for a new trial based on a weight of the evidence claim is the least assailable of its rulings.” Id. at 223, 928 A.2d at 1036.
Our review of the record reveals that the trial court did not abuse its discretion in dismissing Appellant’s weight-of-the-evidence claims. First, the testimony established that Kolesnik died from a gunshot wound to the head. The jury concluded that Appellant was the perpetrator and that he possessed the requisite specific intent for first-degree murder. While Appellant’s argument focuses on allegedly conflicting testimony by the Commonwealth’s expert and his expert, he fails to acknowledge that the Commonwealth’s expert strongly indicated Kolesnik’s death was a homicide. Moreover, the jury was free to believe all, part, or none of the defense testimony. Commonwealth v. Vandivner, 599 Pa. 617, 631, 962 A.2d 1170, 1178 (2009). Evidently, the jury disbelieved Appellant’s expert that Kolesnik shot himself in an attempted suicide. Thus, Appellant’s weight-of-the-evidence challenge is without merit.
Similarly, Appellant’s assertions that the verdicts for theft by unlawful taking and receiving stolen property were against the weight of the evidence fail. The Commonwealth offered direct and circumstantial evidence that Appellant did not have permission to use Hess’ van, that Appellant had Hess’ keys, and that Appellant killed Kolesnik, loaded the victim’s body into the van, drove the body toward a secluded wooded park, and brought with him a container filled with gasoline, all with the intent to dispose of both the body and the van. The jury found the elements of theft by unlawful taking and receiving stolen property were satisfied. We simply cannot conclude that the jury’s verdicts were so contrary to the evidence as to shock one’s sense of justice. Thus, the trial court acted within its discretion in rejecting Appellant’s motion for a new trial on the basis that the verdicts were against the weight of the evidence.
III. Suppression
Appellant argues that the trial court erred when it denied his motion for suppression of the physical evidence seized from his apartment where the initial war-rantless entry was made without probable cause and where there were no exigent circumstances present to justify a warrant-less search. First, Appellant offers that the police had the victim’s body for 5 hours prior to finding the alleged blood trail at 312 South 18th Street. Moreover, Appellant claims that his father did not see any blood when he was escorted by police from the apartment. Furthermore, the police had no way of connecting the blood outside of the apartment to the victim. Appellant asserts that the officers at the apartment had no reason to conclude that there were any victims inside of the apartment. According to Appellant, it was only after the police heard a faint voice from inside the apartment, after their second knock on the front door, that the police decided to conduct a security check. Appellant suggests that this series of events is even questionable, as his father was the only individual in the apartment and he was asleep. In sum, Appellant maintains that the police manufactured the exigency in order to avoid the warrant requirement. Additionally, Appellant contends that, rather than a security check, the police were engaging in a concentrated search, as, according to Appellant’s father, the police were in the apartment for at least 10 minutes before escorting him outside. Moreover, Appellant’s father testified that, upon his leaving the premises, he heard one of the police officers indicate that he had found something, which suggests a search rather than a security check.
Appellant also challenges the affidavit of probable cause as it failed to set forth a proper nexus between the death of the victim and the search of Appellant’s apartment. The affidavit stated only that Appellant was operating a van which had a dead body in the back cargo area, and, according to Appellant, the only connection between Appellant and the apartment was it was on his driver’s license when he was stopped by police. Related thereto, Appellant asserts that blood on the sidewalk failed to establish that a crime occurred inside the residence, and, thus, failed to set forth circumstances to support a finding of probable cause.
The Commonwealth retorts that the initial warrantless entry into Appellant’s apartment was permitted under the exigent circumstances exception to the warrant requirement. Specifically, the Commonwealth offers that an exception exists where there is a danger to police or others. This includes situations in which it is believed that someone within a residence is in danger or in need of assistance. Additionally, the Commonwealth submits that the warrantless entry was a security check designed to ensure that there were no additional victims inside the residence. According to the Commonwealth, this was a protective sweep which has been sanctioned as constitutionally permissible.
The Commonwealth further offers that, here, the officers were investigating a grave offense where a dead body was observed in the vehicle driven by Appellant. The officers observed what appeared to be fresh damage to the vehicle, and officers were dispatched to the residence of the driver to investigate as to the damaged vehicle parts. The Commonwealth argues that, once at the scene, the officers had probable cause to suspect a crime was committed at the subject premises, due to the fact that a dead body was found in a van driven by Appellant, and a fresh trail of blood was located outside of his residence leading into the apartment. Furthermore, out of concern for additional victims within the residence in need of medical attention, based upon the trail of blood outside of the residence, as well as a muffled voice coming from inside the residence, the officers entered the residence. Finding no additional victims, the officers vacated the premises and awaited a warrant.
Additionally, the Commonwealth maintains that, to the extent Appellant claims that the search warrant pertaining to his residence was issued without probable cause, such claim is without merit. The Commonwealth submits that, as the police were lawfully in Appellant’s residence under the exigent circumstances exception to the warrant requirement, they could have seized incriminating items in plain view. Nevertheless, the police vacated the premises, and awaited a warrant. Here the warrant issued was supported by the fact that Appellant was stopped while driving a van containing a dead body. -Appellant was splattered with blood. At Appellant’s residence, the officers observed a fresh trail of blood leading from the sidewalk to the front door, as well as a broom with blood on it. According to the Commonwealth, this alone would have provided sufficient probable cause for the issuance of a warrant for the residence. Moreover, once the officers were lawfully inside of the residence, they observed various items in plain view of an incriminating nature which were readily apparent. These items included the pool of blood near Appellant’s bed and a bullet shell easing.
The suppression court determined that the initial entry into Appellant’s home prior to securing a search warrant was permissible as a result of exigent circumstances. The court noted that Appellant was found driving another person’s vehicle, he had blood on his pants, watch, and glasses. There was a corpse wrapped in a tarp in the back of the van. Outside Appellant’s residence, the police observed a trail of blood leading to Appellant’s home, and, after knocking on the front door, the police heard a muffled human voice coming from within the residence. Due to the reasonable concern that additional victims could be in the residence, the court concluded that the police were legally permitted to enter the residence to secure the location. The court also considered the sufficiency of the affidavits in support of the search warrant for Appellant’s residence. Based upon the officers’ observations during the lawful warrantless security check of Appellant’s residence due to exigent circumstances, the suppression court found the affidavit established probable cause for the issuance of a warrant and the subsequent search and seizure.
In reviewing a suppression ruling, we are bound by the suppression court’s factual findings, unless they are without support in the record. Commonwealth v. DeJesus, 567 Pa. 415, 427-28, 787 A.2d 894, 401 (2001). We may reverse the legal conclusions reached by the suppression court, however, if they are in error. Id. Thus, our standard of review of the legal conclusions reached by the suppression court is de novo. Where, as here, the defendant is appealing the ruling of the suppression court, we consider only the evidence of the prosecution, and so much of the evidence for the defense which remains uncontradicted when fairly read in the context of the entire record. Id.
Generally, the police will be excused from compliance with the warrant and probable cause requirements of the Fourth Amendment to the United States Constitution in only limited circumstances. One of these circumstances is when the police reasonably believe that someone within a residence is in need of immediate aid. Mincey v. Arizona, 437 U.S. 385, 392, 98 S.Ct. 2408, 57 L.Ed.2d 290 (1978); Commonwealth v. Miller, 555 Pa. 354, 364, 724 A.2d 895, 900 (1999); Commonwealth v. Silo, 509 Pa. 406, 410, 502 A.2d 173, 175 (1985). The suppression court found that the police reasonably believed that additional victims could be inside Appellant’s residence based upon, inter alia, their finding of a trail of fresh blood leading to Appellant’s residence and the hearing of a faint voice coming from within the home. While the police in this matter were investigating a crime, the suppression court did not find, which the record provides no basis to question, that it is a ease where the police created their own exigency and acted upon it. See, e.g., Commonwealth v. Melendez, 544 Pa. 323, 330, 676 A.2d 226, 229 (1996). Based upon these circumstances, we conclude that the suppression court’s factual findings were supported by the record and its legal conclusions regarding the existence of exigent circumstances creating an exception to the warrant requirement was legally sound. Therefore, we hold that the initial entry into Appellant’s residence pri- or to securing a search warrant was legally permissible due to exigent circumstances. Thus, we next assess whether the search warrant was supported by probable cause.
In determining whether a search warrant is supported by probable cause, appellate review is confined to the four corners of the affidavit. Commonwealth v. Coleman, 574 Pa. 261, 271, 830 A.2d 554, 560 (2003). Probable cause, in turn, is a practical, non-technical concept which requires consideration of the totality of the circumstances. Id. The district judge that is requested to issue a warrant makes a practical, common-sense determination as to whether, given all of the facts and circumstances provided in the affidavit, including the veracity and basis of knowledge of the persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a certain locale. The duty of the reviewing court is to simply ensure that the district judge had a substantial basis for concluding that probable cause existed. Id. at 271-72, 830 A.2d at 560 (quoting Commonwealth v. Gray, 509 Pa. 476, 484, 503 A.2d 921, 925 (1985), in turn quoting Illinois v. Gates, 462 U.S. 213, 238-39, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983)).
The warrant at issue in this appeal identified the items to be searched at the 312 South 18th Street residence as:
Blood, clothing, light colored electrical wire, bedding, tarps, DNA, hairs, fibers, firearms, amunition [sic], cleaning materials, brooms, mops, cutting instruments and tools, measurements, photographs, video tape, records of ownership and occupancy, and any other forensic evidence which may be related to this case.
Commonwealth Exhibit No. 41, N.T., 8/6/07, at 967.
Here, the affidavits of probable cause offered in support of the search warrant provided a description of the police observing Appellant driving the van at night without its headlights illuminated, the stopping of the van, the observation, in plain view, of Kolesnik’s body, which was covered in a tarp which was wrapped with electrical wire, and on which there was blood. Additionally, the affidavits contained the officers’ observations of blood on Appellant’s leg, wrist watch, and glasses. The affidavits also contained the police officers’ observations of fresh blood leading from the front door of Appellant’s residence to the sidewalk, and a blood-covered broom on the sidewalk. Moreover, the affidavits described the officers’ approach to the door to determine if persons were in need of emergency treatment, the hearing of a faint voice, and the officers’ entry into the residence. Finally, the affidavits described the officers’ search for persons within the residence, and the observations of the officers once inside the residence. Specifically, the affidavits referenced the officers’ observation of a fresh pool of blood on the carpet next to the bed and an expended bullet shell casing on the floor next to the bed.
Based upon our review of the facts and circumstances set forth in the affidavits of probable cause in support of the search warrant, we believe that the district judge properly concluded that there was a fair probability that evidence of the crime would be found at Appellant’s residence, and the district judge had a substantial basis for concluding that probable cause existed. In response to Appellant’s argument that the observations of the officers while in his apartment should not have been part of the affidavit, we note that the officers were legally within Appellant’s residence. Police officers are not required to close their eyes to matters in plain view while they are at a legal vantage point. Thus, their observations while in Appellant’s residence were properly considered as part of the affidavits. Furthermore, the information contained in the affidavits in support of the search warrant, even excluding the observations of the police officers while inside Appellant’s residence, was probative — establishing a nexus between Appellant, who was stopped with Kolesnik’s corpse, the fresh blood observed outside of Appellant’s residence leading to the front door of the apartment, and Appellant’s residence. Therefore, based upon the information contained in the affidavits in support of the search warrant, we concluded that the, suppression court properly rejected Appellant’s motion to suppress.
IV. Suppression of Lock Box
Appellant also contends, in a cursory argument, that the only reason a lock box was discovered was due to the initial war-rantless entry which resulted in the initial search warrant by police. Once the observations made by police are removed from the affidavit, Appellant maintains that there is not probable cause to search the residence. Furthermore, Appellant asserts that the only reference to the lock box was that it was located in Appellant’s bedroom, under the bed where the police observed a pool of blood. Appellant submits that the affidavit of probable cause is devoid of explanation regarding how the items in the lock box are connected to criminal activity or what might be found inside the lock box. Thus, according to Appellant, the items taken from the lock box should be suppressed.
The Commonwealth asserts that the officers at Appellant’s apartment vacated the premises after determining that there were no additional victims at the scene, and awaited the issuance of a warrant. The warrant provided for seizure of, inter alia, ammunition, photographs, records of ownership and occupancy, and any other forensic evidence which may be related to the case. It was reasonable, according to the Commonwealth, that the lock box located under Appellant’s bed, near a fresh pool of blood, would contain any or all of the items listed above. Furthermore, the Commonwealth obtained a second search warrant for the contents of the lock box, which contained prescription bottles, a spoon with residue, a syringe, miscellaneous documents and IDs, a letter from Appellant’s brother, Cory, and assorted coins. As noted above, the suppression court determined that, based upon the circumstances, a lawful security check was fully justified, permitting the officers to legally be in the residence without a search warrant. Thereafter, the police followed the proper procedures in obtaining a valid search warrant to seize, open, and search the lock box.
We find that Appellant has failed to establish that the search warrant obtained for the lock box was not supported by probable cause. As referenced above, the initial warrantless search was justified by the exigent circumstances exception to the warrant requirement. Thereafter, the officers vacated the premises without seizing any items and waited for the issuance of a warrant. The warrant was properly issued. The lock box, lying near the pool of blood in Appellant’s room and a bullet casing, was seized during the search of the residence pursuant to the warrant which permitted seizure of ammunition, photographs, records of ownership and occupancy, and other forensic evidence related to the case. Thus, we agree with the trial court and the Commonwealth that it was probable that evidence of the crime would be contained in the lock box located under Appellant’s bed, near a fresh pool of blood and a bullet casing, and that it could contain certain of the items listed in the search warrant. Furthermore, as noted above, a second warrant was issued for the contents of the lock box. Thus, we believe that Appellant has failed to establish that the seizure of the lock box and its contents was improper.
V. Jury Instruction on Voluntary Intoxication
Appellant claims that the trial court improperly denied his requested jury instruction for voluntary intoxication. Appellant highlights Sergeant Griffith’s testimony that Appellant appeared to be under the influence of drugs or alcohol at the time of his arrest. Furthermore, Sergeant Griffith testified that Appellant was not moving when he was placed into Officer Hine’s patrol car and that Appellant appeared to be asleep and had his eyes closed. In further support of his argument that he was intoxicated, Appellant emphasizes that he was driving a van that he did not own, without headlights, carrying a corpse, and that once he was in his holding cell, he dunked his hands in toilet water and washed them, even though a sink was available.
The Commonwealth responds that the trial court properly denied a jury instruction based upon voluntary intoxication. Specifically, the Commonwealth explains that the trial court properly found that there was no evidence that Appellant had actually consumed drugs or alcohol prior to the killing, or that he was overpowered or overwhelmed to such a degree that he was incapable of forming the intent to kill. In fact, Appellant’s attempt to conceal the murder and dispose of Kolesnik’s body suggested that he understood the nature, gravity, and consequences of his actions.
In order to be entitled to a voluntary intoxication instruction, there must be some evidence that the defendant is overwhelmed or overpowered by alcohol or drugs to the point of losing his faculties or sensibilities. Commonwealth v. Tilley, 528 Pa. 125, 136, 595 A.2d 575, 580 (1991). Mere evidence of the consumption of alcohol or drugs and appearing intoxicated is not sufficient to support a conclusion that a defendant is overwhelmed or overpowered to be incapable of forming the requisite specific intent to kill. Id. Moreover, our standard of review when considering the denial of jury instructions is one of deference — an appellate court will reverse a court’s decision only when it abused its discretion or committed an error of law. Commonwealth v. DeMarco, 570 Pa. 268, 271, 809 A.2d 256, 260-61 (2002).
The only evidence supporting Appellant’s intoxication claim was the testimony of Sergeant Griffith, who stated that he believed Appellant was under the influence of drugs or alcohol. This was based upon Appellant’s slow response to questioning. As noted by the trial court, none of the other officers who interacted with Appellant the night he was arrested believed that he was under the influence of drugs or alcohol. Furthermore, Appellant had the presence of mind to remove Kolesnik’s body from his residence, wrap and bind the victim’s body, and drive the body toward a secluded wooded area, during which he attempted to elude capture. Rather than being overwhelmed, these actions strongly demonstrate an individual acting coherently and methodically. See Commonwealth v. Cuevas, 574 Pa. 409, 419-20, 832 A.2d 888, 394 (2003) (upholding denial of involuntary intoxication instruction, finding intoxication did not deprive defendant of understanding the importance of hiding his crime and himself). Additionally, while Appellant points to his dunking of his hands in a toilet to support his claim, this meager act is simply insufficient to show that Appellant was overwhelmed or overpowered by drugs or alcohol to the point of losing his faculties so as to require a charge of voluntary intoxication. Thus, we hold that the trial court did not abuse its discretion or commit legal error in refusing to charge the jury regarding voluntary intoxication.
VI. Verdict Slip
Appellant alleges that the trial court erred in accepting a verdict of death even though the verdict slip did not indicate the finding of any aggravating circumstances. Specifically, Appellant contends that the jury returned with a verdict of death after its deliberation, finding as an aggravating circumstance a “history of progressively more violent felonies.” N.T., 8/13/07, at 77. After review of the verdict slip, the trial court instructed the jury that the circumstance they found was not a specific statutory factor under 42 Pa.C.S.A. § 9711 and the jury was instructed to continue deliberations. The court pointed out the aggravating circumstance sought by the Commonwealth. The jury then returned a verdict of death citing Section 9711(d)(9). According to Appellant, the trial court prejudiced him when it “in essence, forced the jury to find an aggravating factor that they had not initially found.” Appellant’s Brief at 50.
The Commonwealth retorts that the trial court properly instructed the jury on the aggravating circumstance sought by the Commonwealth, i.e., whether Appellant “has a significant history of felony convictions involving the use or threat of violence to the person.” N.T., 8/13/07, at 68. According to the Commonwealth, once the jury came back with a finding of the aggravating circumstance regarding a history of progressively more violent felonies, the trial court called a sidebar at which the trial court expressed its belief that the appropriate way to resolve the problem was to “point this out to the jurors and send them back upstairs.” N.T., 8/13/07, at 79. Defense counsel responded, “I would agree, Your Honor.” Id. Thereafter, the trial court reinstructed the jurors that the aggravating factor listed on the verdict slip was not an aggravating factor under the law. The trial court went on to explain to the jury that they were excused for further deliberations as to whether or not they found a statutory aggravating circumstance:
Now, I don’t know and will not speculate as to what was meant by the aggravating circumstance that you have listed here. I can only tell you that, as stated, it is not an aggravating circumstance under Pennsylvania law. Therefore, I am not going to record this verdict as stated. What I’m going to do instead is I’m going to excuse you to return to the jury deliberations room and determine through further deliberations — you should determine through further deliberations whether or not you have found a statutory aggravating circumstance. And the instructions that I gave you previously about what you should do if you find one apply. And what you should do if you do not find one apply as well as the instructions on the verdict slip itself.
N.T., 8/18/07, at 81. Thus, the Commonwealth argues that, as defense counsel never objected to the trial court’s decision to reinstruct the jury on the proper aggravating circumstance and to return them to deliberate, but concurred with this approach, counsel cannot now claim trial error.
Based upon the above, we find that, by failing to object to the trial court’s decision to reinstruct the jury or to the jury instruction, the issue as couched has been waived. Pa.R.A.P. 302. Moreover, even a cursory review of the record reveals that the trial court did not order the jury to find a statutory aggravator, but, rather, invited the jury to deliberate further and determine whether or not they found a permissible statutory aggravator. Thus, Appellant is not entitled to relief.
VII. Examination of Expert Through Use of Hypothetical Questions
Next, Appellant challenges the trial court’s refusal to permit trial counsel to ask hypothetical questions of its expert witness, because the court concluded the record did not support such questions. Appellant contends that, because there was record support for such questions, the trial court’s denial of these questions was improper. The exchange at trial reveals that Appellant’s counsel attempted to ask Dr. Shane hypothetical questions regarding Kolesnik’s alleged overdose from heroin and his time spent in rehabilitation.
BY MR. WELSH [Appellant’s counsel]
Q: Doctor, I’ll give you some hypotheti-cals, if I may.
Doctor, assume that the deceased, Kristofer Kolesnik, had a long history of heroin addiction, would that be significant in helping you formulate an opinion as to manner of death?
A [Dr. Shane]: The answer is yes or no. And he would certainly require higher dosages for a high, but certainly, his central nervous system and respiratory centers would be in stress and depressed. And failed opiates would not be — in terms of high levels of respiratory tolerances that we see in other drugs—
Q: Let me ask you this, assume that Kristofer Kolesnik overdosed from heroin, but survived, would that be significant in helping you in forming an opinion as to the manner of death—
MR. BALDWIN [District Attorney]: Objection, Your Honor
THE COURT: Objection sustained
BY MR. WELSH: Q Doctor, assume that Kristofer Kolesnik received treatment in five (5) rehabs and then after the last rehab, which would have been in November — actually December — November of 2005, would that be significant — and thereafter got back on heroin—
* * *
MR. WELSH: —would that be significant in helping you form an opinion as to the manner of death?
MR. BALDWIN: Again, same objection, Your Honor.
THE COURT: The objection is sustained.
N.T., 8/9/07, at 688-89.
Appellant maintains Hess testified that Kolesnik overdosed on heroin sometime in early 2006 at the A-Plus minimarket located on Perkiomen Avenue. Appellant avers that, because Hess’ testimony establishes that the victim overdosed in 2006, the court erred in denying Dr. Shane the ability to answer that question. Hess also offered that the victim had a lengthy history of heroin addictions and had spent time on five different occasions at rehabilitation facilities. Again, Appellant submits that the facts underlying this question are in the record as Hess testified that the victim had been in five rehabilitation facilities and that he overdosed on heroin in 2006. In further support of his argument, Appellant points to Dr. Shane’s testimony that the amount of opiates in the victim’s system were so elevated that they constituted a suicide attempt by overdosing on opiates. Dr. Shane also opined that the victim was attempting suicide by either overdose of heroin or a gunshot wound to the head.
The Commonwealth disputes the basis for Appellant’s argument by responding that there was not competent evidence in the record establishing that Kolesnik had overdosed. While Hess was questioned whether Kolesnik had overdosed previously, she testified only: “He told me that happened. I wasn’t there.” N.T., 8/8/07, at 518. There was no other testimony introduced at trial establishing that an overdose had, in fact, occurred. Thus, according to the Commonwealth, the trial court acted within its discretion in precluding the hypothetical question. Similarly, the Commonwealth acknowledges that, with respect to the hypothetical regarding Kolesnik’s rehabilitation efforts, Hess testified that Kolesnik had been in 5 rehabilitation facilities, but always relapsed. Furthermore, Appellant’s brother, Cory Galvin, explained that Kolesnik had expressed desperation over being thrown out of rehabilitation and was unable to kick his heroin addiction. Yet, according to the Commonwealth, the trial court acted within its discretion when it concluded there was insufficient evidence to support any assumptions regarding the time the victim spent in rehabilitation. As the trial court explained, “such details like the length of Kolesnick’s [sic] time in treatment, the nature of his treatment, and the reasons for being kicked out of rehab would be relevant and likely necessary for Dr. Shane to offer a competent, permissible opinion about the effect, if any, of Ko-lesnick’s [sic] time in rehab.” Trial Court Opinion, 3/13/08, at 27. Thus, the Commonwealth submits that Appellant is not entitled to relief.
The use of hypothetical questions is proper when there is evidence of record supporting the hypothetical. Commonwealth v. Petrovich, 538 Pa. 369, 372, 648 A.2d 771, 772 (1994) (expert may give his opinion in response to a hypothetical if the set of facts assumed in the hypothetical is supported by competent evidence). An expert, however, may not base an opinion on conjecture or guesswork. Id. Moreover, the admissibility of expert testimony is vested within the sound discretion of the trial court and will not be overturned unless the trial court commits an abuse of that discretion. Id.
We believe the trial court properly resolved this issue. Without a sufficient basis in the record, a hypothetical question based upon incompetent testimony is improper. Here, the trial court noted that Appellant failed to offer competent evidence to establish that the victim overdosed. Furthermore, there was a dearth of specific information regarding the alleged overdose, such as when the overdose occurred, what caused the overdose, or any of the ramifications of the overdose. Thus, Appellant failed to make a preliminary showing sufficient to permit the hypothetical question regarding Kolesnik’s alleged overdose. As there was insufficient evidence in the record concerning the victim’s overdosing, hypothetical questions based upon such an assertion were properly denied.
Furthermore, we conclude that the trial court properly denied the hypothetical questions based upon Kolesnik’s time at a rehabilitation facility. The trial court properly opined that, while there was some evidence that the victim spent time in a rehabilitation facility, there was insufficient testimony regarding the circumstances of the victim’s treatment in rehabilitation to permit Dr. Shane to offer a competent permissible opinion about the effect, if any, of Kolesnik’s time in rehabilitation. Thus, we find that the trial court did not abuse its discretion in denying the hypothetical questions based upon such treatment.
VIII. Use of Common Practice Questions
Finally, Appellant complains that the trial court improperly denied his brother, Cory Galvin, the opportunity to testify at trial regarding the common practice of Appellant and others while in Appellant’s apartment regarding heroin use. Specifically, Galvin would have testified that he had known Kolesnik for over 10 years; that he, the victim, and Appellant were friends; and that they had used heroin with each other on some occasions. According to Appellant, the testimony of his brother established a pattern or habit of individuals using heroin in Appellant’s apartment, which would have supported his theory that Kolesnik died alone in Appellant’s apartment as a result of suicide.
The Commonwealth responds that, at the time such testimony was elicited, the Commonwealth objected, and defense counsel specifically acknowledged that the testimony was not being introduced to establish a common practice or habit:.
THE COURT: I have another question. Where is this going? The decedent’s drug use has been well established, as has the defendant’s drug use and this witness’s drug use, what is the import of this testimony.
MR. WELSH: The question is that this was a drug house where [Appellant] would go get drugs and the others would stay alone in the room while he obtained the drugs—
MR. BALDWIN: I object to that because the question is what happened on January 31st — January 30th and 31st. This witness was locked up, he doesn’t know.
MR. WELSH: It wasn’t any different in November or October when he wasn’t locked up than when he was locked up.
THE COURT: Is it your contention that there was a practice that may have existed prior to this guy’s incarceration that you can establish what happened in January through the use of that?
MR WELSH: No, we have other witnesses for January.
N.T., 8/9/07, at 698-699. Therefore, the Commonwealth emphasizes that trial counsel specifically denied that the purpose of the testimony was to establish a continuing course of behavior that would establish a common practice. Thus, the Commonwealth stresses that Appellant cannot now claim trial court error when trial counsel failed to seek admission of the testimony on the basis now asserted.
Based upon the above testimony, the trial court determined, inter alia, that Appellant was not attempting to establish a routine practice through the testimony of his brother. Appellant stated that other witnesses would establish that routine during the relevant time. Furthermore the court concluded that, even if Appellant had tried to establish a habit through his brother, drug use in a person’s house is not the type of habit or routine that would be admissible under the rules of evidence. Thus, the court rejected this claim.
Pennsylvania Rule of Evidence 406 establishes that evidence of the habit of a person or a routine practice is relevant to establish that the conduct of a person on a particular occasion was consistent with such habit.
Evidence of the habit of a person or of routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice.
Pa.R.E. 406.
Admission of evidence is within the discretion of the trial court and will not be overturned unless the trial court commits an abuse of that discretion. Commonwealth v. Minerd, 562 Pa. 46, 54, 753 A.2d 225, 229 (2000). One must object, however, to the particular basis on which to admit or deny such evidence. Commonwealth v. Scarborough, 491 Pa. 300, 319, 421 A.2d 147, 156 (1980); Pa.R.A.P. 302. We agree with the Commonwealth that the basis on which Appellant challenges the trial court’s refusal to admit the evidence of a purported habit or routine practice was not offered as a basis for the admission of the evidence by trial counsel during the hearing. Thus, the trial court properly rejected Appellant’s argument.
IX. Statutory Review of Death Penalty Verdict
Having reviewed all of Appellant’s claims, we conclude that relief is not warranted. Accordingly, this Court must affirm the sentence of death unless we determine that it was a product of passion, prejudice, or any other arbitrary factor. 42 Pa.C.S.A. § 9711(h)(3)(i). After careful review of the record, we find that the sentence of death was not a product of passion, prejudice, or any other arbitrary factor, but was based upon the evidence admitted at trial. Further, pursuant to 42 Pa.C.S.A. § 9711(h)(3)(h), we determine that the evidence was sufficient to support the aggravating circumstance the jury found in imposing a sentence of death. Lastly, this sentence complies with 42 Pa. C.S.A. § 9711(c)(l)(iv), which mandates a sentence of death when the factfinder finds one or more aggravating circumstances that outweigh any mitigating circumstances.
Accordingly, we affirm the verdict and sentence of death imposed upon Appellant by the Court of Common Pleas of Berks County.
Chief Justice CASTILLE and Justices SAYLOR, EAKIN, BAER, McCAFFERY and GREENSPAN join the opinion.
. 18 Pa.C.S.A. § 2502(a).
. 18 Pa.C.S.A. § 5510.
. 18 Pa.C.S.A. § 4910(1).
. 18 Pa.C.S.A. § 3921(a).
. 18 Pa.C.S.A. § 3925(a).
. 18 Pa.C.S.A. § 3928(a).
. 75 Pa.C.S.A. § 3734.
. 75 Pa.C.S.A. § 4302(a)(1).
. Cumru Township provides police protection to the Borough of Kenhorst, which does not have its own police department.
. Michael Miller, who lived in the apartment above Appellant, was charged in connection with the disposition of Kolesnik's body. Evidently, Appellant asked for Miller’s assistance in moving a "heavy object” into the van. Suppression Court Opinion at 8. Miller helped Appellant slide the body into the van. Id.
. No gun was ever recovered related to Ko-lesnik’s murder.
. We have jurisdiction over the direct appeal from a judgment of a sentence of death pursuant to 42 Pa.C.S.A. § 722(4) and § 9711(h)(1).
. For clarity, we have reordered the issues Appellant raises on appeal.
. Appellant’s dismay over his brother's incarceration was part of the Commonwealth's theory advanced at trial, but is not developed further for purposes of this appeal.
. While Appellant cites to both the Fourth Amendment of the United States Constitution and Article I, Section 8 of the Pennsylvania Constitution in support of his argument, he fails to offer any argument that the analysis of the issue is distinct under the Pennsylvania Constitution. Therefore, we consider his claim for relief only under our federal charter.
. Appellant also suggests that the police violated the “knock and announce” rule. Commonwealth v. Chambers, 528 Pa. 403, 598 A.2d 539 (1991). The trial court found this issue to be waived as Appellant failed to properly raise the issue in his Omnibus Pretrial Motion and did not take testimony on this issue at either of two suppression hearings. As Appellant does not address the trial court’s finding of waiver, and fails to develop this argument in any meaningful fashion in his brief before us, we find that he has waived this issue for purposes of appellate review. Pa.R.A.P. 302.
. "The defendant has a significant history of felony convictions involving the use or threat of violence to the person.” 42 Pa.C.S.A. § 9711(d)(9).
. The Prothonotary of the Supreme Court is directed to transmit a complete record of this case to the Governor in accordance with 42 Pa.C.S.A. § 971 l(i).
| CASELAW |
Petrobras Pulls Out of Cuba Offshore Exploration, EFE Says
Petroleo Brasileiro SA (PETR4) , Brazil ’s
state-controlled oil company, abandoned plans to explore for oil
off the coast of Cuba, EFE reported. Marco Aurelio Garcia, an adviser to Brazilian President Dilma Rousseff , said the Rio de Janeiro-based oil producer will
focus on projects in Brazil, EFE newswire reported today. An
official at Petrobras’s press office, who declined to be named
because of company policy, wouldn’t comment on the report. To contact the reporter on this story:
Peter Millard in Rio de Janeiro at
Pmillard1@bloomberg.net To contact the editor responsible for this story:
Dale Crofts at
dcrofts@bloomberg.net | NEWS-MULTISOURCE |
nutritus
Etymology
Perfect passive participle of
Participle
* 1) Brought up;
* 2) Nourished;
* 3) Breastfed;
* 4) Suckled.
* 1) Suckled. | WIKI |
🍾 Xarray is now 10 years old! 🎉
xarray.Coordinates.assign
xarray.Coordinates.assign#
Coordinates.assign(coords=None, **coords_kwargs)[source]#
Assign new coordinates (and indexes) to a Coordinates object, returning a new object with all the original coordinates in addition to the new ones.
Parameters:
• coords (mapping of dim to coord, optional) – A mapping whose keys are the names of the coordinates and values are the coordinates to assign. The mapping will generally be a dict or Coordinates.
• If a value is a standard data value — for example, a DataArray, scalar, or array — the data is simply assigned as a coordinate.
• A coordinate can also be defined and attached to an existing dimension using a tuple with the first element the dimension name and the second element the values for this new coordinate.
• **coords_kwargs – The keyword arguments form of coords. One of coords or coords_kwargs must be provided.
Returns:
new_coords (Coordinates) – A new Coordinates object with the new coordinates (and indexes) in addition to all the existing coordinates.
Examples
>>> coords = xr.Coordinates()
>>> coords
Coordinates:
*empty*
>>> coords.assign(x=[1, 2])
Coordinates:
* x (x) int64 1 2
>>> midx = pd.MultiIndex.from_product([["a", "b"], [0, 1]])
>>> coords.assign(xr.Coordinates.from_pandas_multiindex(midx, "y"))
Coordinates:
* y (y) object MultiIndex
* y_level_0 (y) object 'a' 'a' 'b' 'b'
* y_level_1 (y) int64 0 1 0 1 | ESSENTIALAI-STEM |
USS Jacob Bell
USS Jacob Bell was a sidewheel steamer acquired by the Union Navy for use during the American Civil War. She was one of the oldest vessels so acquired. Her duties included river patrols, guard duty, and other duties as assigned.
Commissioned in New York City
Jacob Bell, was built by Brown & Bell at New York City in 1842. She was purchased at New York City from O. T. Glover and F. R. Anthony on 22 August 1861 and commissioned the same day; Lt. Edward P. McCrea was in command.
Potomac River operations
Jacob Bell immediately sailed for the Potomac River, where the following day she joined steamer USS Ice Boat (1861) in shelling a Confederate battery at the mouth of Potomac Creek. She remained in the Potomac enforcing the blockade of the Virginia coast, reconnoitering along the shore of the Potomac and in its tributaries for Confederate fortifications and shelling any batteries found.
Supporting McClellan's Peninsular Campaign
In April 1862 Jacob Bell accompanied five other Union ships to the Rappahannock River to gather information for Major General George B. McClellan, who was then launching his Peninsular Campaign and pondering over potential advantages of a second beachhead. The Union ships ascended the Rappahannock River to Tappahannock (Urbana), Virginia, 50 miles by land from Richmond, Virginia.
Jacob Bell became even more closely involved in the affairs of General McClellan's Army of the Potomac when she was transferred to the North Atlantic Blockading Squadron for duty on the James River. She arrived Hampton Roads 28 May and the following day proceeded with USS Mahaska (1861) to Fort Powhatan. A party which went ashore 30 May found no evidence that the forts had been occupied. The next day USS Aroostook (1861) joined the two ships in ascending the James to a point 3 miles below Drewry's Bluff, finding no obstructions or batteries on the passage but suffering some annoyance from riflemen on the left bank. The three ships promptly returned to their anchorage off Turkey Island.
A request from General McClellan
A message from General McClellan, who was then fighting the Battle of Seven Pines, arrived a few minutes past midnight 2 June, requesting support from the Navy. Jacob Bell, accompanied by five other ships stood up stream at dawn but was prevented from reaching Richmond, Virginia, by carefully prepared obstructions at Drewry's Bluff. Nevertheless, the Navy wisely remained in the upper James, where its support a month later saved the Army of the Potomac from destruction at the end of Lee's masterful Seven Days campaign.
Meanwhile, Jacob Bell labored tirelessly in support of the Union cause, engaging batteries and pickets ashore, reconnoitering tributaries in hostile territory, and maintaining communications along the river. She continued this valuable service until transferred back to the Potomac Flotilla, departing Fort Monroe for Washington, D.C. 2 September.
Reassigned to the Potomac Flotilla
For the remainder of the war, Jacob Bell was primarily concerned with the defense of Washington—alternately serving in the Potomac and the Rappahannock according to the ebb and flow of the titanic struggle between General Robert E. Lee and the Army of the Potomac. All the while, her duties as a blockader were discharged with skill and devotion. She captured C. F. Ward, a metal lifeboat with a contraband cargo 17 October and destroyed two schooners 4 November while on a reconnaissance mission up Nomini Creek, Virginia. On 23 August 1863, she caught schooner Golden Leaf trying to slip into Hosier's Creek, Virginia, with a cargo of sugar. Two more ships were taken in 1864.
In between prizes, blockade duty was varied by shelling batteries along the shore and landing boat parties to destroy Confederate property.
Confederate scout and spy Thomas Nelson Conrad was arrested by a landing party of the Jacob Bell on the night of 16 April 1865.
Decommissioning
Always busy until the South's defeat, Jacob Bell decommissioned at Washington Navy Yard 13 May 1865, and was lost at sea 6 November while being towed by USS Banshee (1862) toward New York City. | WIKI |
Talk:Out Where the Buses Don't Run/GA1
GA Review
The edit link for this section can be used to add comments to the review.''
Reviewer: The Rambling Man (talk · contribs) 20:14, 26 September 2021 (UTC)
Comments That's about it. The Rambling Man (Keep wearing the mask...) 08:26, 1 October 2021 (UTC)
* " episode first aired on NBC on October 18, 1985. It featured" would merge, that first sentence is short.
* Done
* "detectives James "Sonny" Crockett and" no need to pipe that, the article is actually at James "Sonny" Crockett!
* Done
* "appearing in TV Guide's 1997" italics.
* Done
* Could link "Vice" to Vice.
* Went with the redirect vice squad which points there
* "début" no accent required, it's been adopted into English without.
* Force of habit as a filthy euro I guess. Removed.
* "Forever".;[2]" some odd punctuation here.
* Got it, trimmed.
* "Johnson would also direct" Johnston?
* Good spot, Johnson's whole different guy. Fixed.
* "appeared in TV Guide's 1997" see above.
* "for The A.V. Club, felt " our article has this in italics.
* Both italics fixed
* "Sanders' book" Sanders's.
* I've rephrased this a bit to avoid s's which never sits right with me.
* "Vice. The author describes" -> "Vice, in which he describes..."
* Done
* ISBNs could be consistently formatted.
* Got it, I'm not sure if the current format is right (I'm never sure of these) but it's consistent
* Thanks for the review; I think I've gotten everything you've mentioned here, let me know if I've missed anything. 𝄠ʀᴀᴘᴘʟᴇ ꭗ 14:52, 1 October 2021 (UTC)
* I would like to see a section for "References to popular culture/media" for the main article listing all of the Hank Weldon's impressions of TV and movie characters, such as Scotty on TOS Star Trek, Peter Lorre, ALFONSO BEDOYA's character in "The Treasure of the Sierra Madre." United States Merchant Marine active since 1975 (talk) 10:48, 7 July 2023 (UTC) | WIKI |
Wikipedia:Articles for deletion/Lola Berry
The result was delete. –Juliancolton Tropical Cyclone 02:15, 19 February 2009 (UTC)
Lola Berry
* ( [ delete] ) – (View AfD) (View log)
The NN star of a NN made-for-the-Net series. Does not pass WP:BIO or WP:WEB standards. Pastor Theo (talk) 14:02, 14 February 2009 (UTC)
* 1) Delete The only source appears to be her own website. Unless anyone finds another this fails WP:WEB and WP:BLP hands down. Flying Toaster 17:01, 14 February 2009 (UTC)
* Delete as borderline A7, but I declined speedy so it can be discussed here. Jclemens (talk) 01:52, 15 February 2009 (UTC)
| WIKI |
File:Chandrakanta cropped.jpg
Summary
Image taken from https://www.imdb.com/title/tt7060662/mediaviewer/rm3155437824. Original has been cropped at top and bottom to remove advertising verbiage. | WIKI |
Page:Addresses to the German nation.djvu/60
these subjects, and, guided by its happy instinct, it aimed at producing, far more than at merely receiving, such knowledge. Then, in regard to the subjects taught, this education usually succeeded best, in exception to the rule, with those which it allowed to be practised actively. For instance, the classical language in which writing and speaking were the aim was nearly always fairly well learned; whereas the other language, in which practice in writing and speaking was neglected, was usually learned very badly and superficially, and was forgotten in later years. It follows, therefore, from previous experience, that it is the development of mental activity by means of instruction which alone produces pleasure in knowledge simply as such, and so keeps the mind open for moral training; on the other hand, purely passive receptivity paralyses and kills knowledge, just as it inevitably corrupts the moral sense completely.
22. To return again to the pupil under the new education. It is evident that, spurred on by his love, he will learn much and, since he understands everything in its relations and immediately puts into action what he has understood, he will learn it correctly and will never forget it. Yet that is but incidental. More important is the fact that this love exalts his personality and introduces him systematically and deliberately into a wholly new order of things, into which hitherto only a few, favoured by God, came by accident. The love which spurs him on aims not at sensuous enjoyment, which quite ceases to be a motive for him, but at mental activity and the law of that activity for their own sakes. Now, it is not this mental activity in general with which morality is concerned; for this purpose a special direction must be given to that activity. Yet this love is the specific | WIKI |
Bankston Lake
Bankston Lake is a lake in the U.S. state of Georgia.
The lake was named after R.E. Bankston, original owner of the site. A variant name was "Tama Lake". | WIKI |
Talk:Gene Luen Yang
AGE?
What year was he born? I saw 1973 somewhere on the Web but can't confirm.
* I have just reworked this article and had him review it. He confirmed that his birth date is what is in the article because he didn't correct it. Veganchic (talk) 21:28, 24 April 2012 (UTC)
Outline for Article Updates
There is so much that needs to be changed and added to this article. I plan to: Both sections need updated with more current and accurate information. They also need to be better written. Need to find sources to support but it is extremely difficult to find secondary sources for this so hopefully I am able to find more than just the speeches and interviews I have. Need to find more sources to support. Explain and describe the themes of his works. Find a few more sources to support. Veganchic (talk) 03:55, 20 March 2012 (UTC)
* Rewrite both the intro and the overview
* Add a section for his Life
* Add a section for all of his Literary Works.
* Add a section for Themes of his works
* Add a section for Awards he has received.
* Add links through out the article.
* This looks very good. How is the search for sources going? Wadewitz (talk) 18:11, 27 March 2012 (UTC)
* Feedback I've already e-mailed you regarding this page, but I simply wanted to post here to let you know that I'm available to help on Wikipedia through my talk as well as my e-mail--if you post to my talk, I will receive a notification in my inbox. —Justin (koavf)❤T☮C☺M☯ 04:00, 28 March 2012 (UTC)
Suggestions for Improvement
Well it looks like you are still in the finding resources stage, which will be very important to the editing of this article because you are going to need to add more sections and a lot more information. I hope your search is going well. Your outline sounds great and if you're able to accomplish all of it, the article will be greatly improved. I also hope you are able to find an image for the article. Good luck! Crazykaystar (talk) 22:03, 9 April 2012 (UTC)
More Suggestions
So far, everything you have written is very clear and concise. The sources you have are decent, but keep looking for reviews from journals (I know there isn't much, though!). I have a few questions that might help direct further research and/or help you add a few details: 1) Do you have relative dates for "Prime Baby" and "The Eternal Smile"? I see they are listed in sequential order, but the years they were released would be nice. You could try Gene Yang's web site or even better, the publisher's. 2)Have you found any reviews of his various novels, and/or artwork in San Francisco? These would be great for a section entitled "Public Feedback" or "Criticism" or something. You have a lot of work ahead in order to comb through so much, but I might look for newspaper and/or magazine articles from the city Yang lives in, or the headquarters of his publisher. Look for things around the date of his first publication. The research librarians can be a great help for specific research like that. So far, great job.Kida5887 (talk) 18:13, 11 April 2012 (UTC)
* Here is a resource that might be of interest to you: Gomes, Cheryl. "Navigating through Social Norms, Negotiating Place: How American Born Chinese Motivates Struggling Learners." English Journal. 100.2 (2010): 68. Web. 4 Mar. 2012.
* This piece talks about Gene Yang helping a class of struggling learners with a blog about American Born Chinese. That might be a good little bit for biography. Kida5887 (talk) 21:17, 16 April 2012 (UTC)
Gene Yang's Preferences
I was in contact with Gene Yang via email during the process of my edits on this article and per his request, I intentionally left out the names of his wife, children, and parents. Please keep that in mind when making further edits to this article. Thank You! Veganchic (talk) 21:13, 24 April 2012 (UTC)
Impact of recent student edits
This article has recently been edited by students as part of their course work for a university course. As part of the quality metrics for the education program, we would like to determine what level of burden is placed on Wikipedia's editors by student coursework.
If you are an editor of this article who spent time correcting edits to it made by the students, please tell us how much time you spent on cleaning up the article. Please note that we are asking you to estimate only the negative effects of the students' work. If the students added good material but you spent time formatting it or making it conform to the manual of style, or copyediting it, then the material added was still a net benefit, and the work you did improved it further. If on the other hand the students added material that had to be removed, or removed good material which you had to replace, please let us know how much time you had to spend making those corrections. This includes time you may have spent posting to the students' talk pages, or to Wikipedia noticeboards, or working with them on IRC, or any other time you spent which was required to fix problems created by the students' edits. Any work you did as a Wikipedia Ambassador for that student's class should not be counted.
Please rate the amount of time spent as follows:
* 0 -No unproductive work to clean up
* 1 - A few minutes of work needed
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Please also add any comments you feel may be helpful. We welcome ratings from multiple editors on the same article. Add your input here. Thanks! -- LiAnna Davis (WMF) (talk) 20:18, 27 May 2012 (UTC)
Name
I'm adding this author's name to a list of authors. Should it be alphabetized under Luen or Yang? With North American and European names, sometimes I can tell if the "middle" name is a given name or a surname, but with Asians, I can never tell. Thanks for your help. -Howarthe (talk) 02:06, 2 April 2015 (UTC)
* His surname is Yang. -Jason A. Quest (talk) 23:29, 2 October 2016 (UTC)
"Believes" to have been born hither or thither?
A person born in the USA in 1973 "believes he was born in either [X] or [Y]". BELIEVES??!! I am sorry, but who is crazy here? Birth records have been compulsory worldwide since the second half of the 19th century.
* But he evidently hasn't seen them. Unless you can prove otherwise, or can provide a better source than what he's said, that's all we can report. -Jason A. Quest (talk) 23:29, 2 October 2016 (UTC)
External links modified
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Wikipedia Ambassador Program course assignment
This article is the subject of an educational assignment at Indiana University-Purdue University-Indianapolis supported by the Wikipedia Ambassador Program during the 2011 Q3 term. Further details are available on the course page.
The above message was substituted from by PrimeBOT (talk) on 16:13, 2 January 2023 (UTC) | WIKI |
Talk:Ukrainian frigate Hetman Sahaidachny
Gulf of Aden, 2014
Is this the same ship? Mjroots (talk) 17:39, 25 February 2014 (UTC)
Yes. This is the only ship in the Ukrainian Navy that could participate in long-range anti-piracy ops.<IP_ADDRESS> (talk) 09:13, 21 March 2014 (UTC)
External links modified
Hello fellow Wikipedians, I have just added archive links to 1 one external link on Ukrainian frigate Hetman Sahaydachniy (U130). Please take a moment to review my edit. If necessary, add after the link to keep me from modifying it. Alternatively, you can add to keep me off the page altogether. I made the following changes: When you have finished reviewing my changes, please set the checked parameter below to true or failed to let others know (documentation at ).
* Added archive https://web.archive.org/20070927230221/http://www.mykolayiv-oda.gov.ua/ua/news/detail/3681.html to http://www.mykolayiv-oda.gov.ua/ua/news/detail/3681.html
Cheers.—cyberbot II Talk to my owner :Online 18:53, 21 March 2016 (UTC)
Requested move 27 January 2022
The result of the move request was: moved. (closed by non-admin page mover) Extraordinary Writ (talk) 16:22, 4 February 2022 (UTC)
Ukrainian frigate Hetman Sahaydachniy → Ukrainian frigate Hetman Sahaidachny – Change from a non-systematic romanization to one derived by an established system from the native Ukrainian name (per WP:TRANSLITERATE), and still a commonly used spelling (WP:COMMONNAME). This is also consistent with the eponym’s article title Petro Konashevych-Sahaidachny.
Search results in Google Advanced Book Search: —Michael Z. 22:17, 27 January 2022 (UTC)
* 1) frigate "Hetman Sahaidachny" -Wikipedia 26 (corresponds to modified LOC romanization of Ukrainian)
* 2) frigate "Hetman Sahaydachniy" -Wikipedia 26 (non-systematic romanization)
* 3) frigate "Hetman Sagaidachny" -Wikipedia 24 (modified LOC romanization of Russian)
* 4) frigate "Hetman Sahaydachny" -Wikipedia 12 (BGN-PCGN romanization of Ukrainian w/simplified ending)
* 5) frigate "Hetman Sahaydachnyy" -Wikipedia 5 (BGN-PCGN romanization of Ukrainian)
* 6) frigate "Hetman Sahaidachnyi" -Wikipedia 3 (standard Ukrainian romanization, suggested by WP:UKR)
* 7) frigate "Hetman Sagaidachniy" -Wikipedia 1
* 8) frigate "Hetman Sagaidachnyi" -Wikipedia 1
* 9) frigate "Hetman Sagaydachniy" -Wikipedia 1
* 10) frigate "Hetman Sagaydachny" -Wikipedia 1
* 11) frigate "Hetman Sahaidachniy" -Wikipedia 0
* 12) frigate "Hetman Sahaydachnyi" -Wikipedia 0
* 13) frigate "Hetman Sagaydachnyi" -Wikipedia 0
* Also found 7 results for a proper romanization from Russian frigate "Getman Sagaidachny" -Wikipedia, and zero or one for other versions. —Michael Z. 18:42, 30 January 2022 (UTC)
* Support updated transliteration per strongly researched and well-sourced nomination. —Roman Spinner (talk • contribs) 00:09, 28 January 2022 (UTC)
* Support per nom--RicardoNixon97 (talk) 09:00, 28 January 2022 (UTC)
* Support per nom. -- Necrothesp (talk) 14:49, 2 February 2022 (UTC)
* Support per nom. Cran32 ( talk | contributions ) 22:07, 3 February 2022 (UTC)
Reported Scuttled
Pravda reported on February 27th that the ship was scuttled in Ukrainian territorial waters. Can we actually cite this in good faith in the article, considering that Pravda is a Russian newspaper? Kai2004 (talk) 08:01, 1 March 2022 (UTC)
I've added this in now that there are pictures, but kept the "reportedly" in the meantime. <IP_ADDRESS> (talk) 20:12, 3 March 2022 (UTC)
* You still have to provide citation for the earlier date - "reportedly" without saying by whom is not acceptable. Davidships (talk) 19:20, 4 March 2022 (UTC)
* Noted your added ref, unfortunately behind a paywall for me. Can you confirm that it clearly confirms a date for the scuttling? Davidships (talk) 22:34, 4 March 2022 (UTC)
* Could not confirm the date scuttled, so temoved the February date. Looks like their are enough references out their, particularly the Ukraine Defence Minister. Note that I have also updated the brief comment on the 2022 Russian invasion of Ukraine page. Ilenart626 (talk) 00:10, 5 March 2022 (UTC)
* The Telegraph has it: It was in Mykolaiv that the Hetman Sahaidachny, Ukraine’s 30-year-old flagship frigate, was scuttled on the first day of the war in order to save it from falling into enemy hands. The scuttling is adopted by the author, not attributed. Solipsism 101 (talk) 21:53, 7 March 2022 (UTC)
A Commons file used on this page or its Wikidata item has been nominated for deletion
The following Wikimedia Commons file used on this page or its Wikidata item has been nominated for deletion: Participate in the deletion discussion at the. —Community Tech bot (talk) 12:07, 5 March 2022 (UTC)
* Гетьман Сагайдачний потоплений.jpg | WIKI |
r0xette r0xette - 1 month ago 10
Python Question
Extract values from pandas stream
I have very weird data coming via curl into my pandas dataframe. What I would like to do is extract values out of the column as described below. Can someone guide me how to extract the info?
cc = pd.read_csv(cc_curl)
print(cc['srv_id'])
srv_id
------
TicketID 14593_ServiceID 104731
ServiceID
TicketID 14595_ServiceID 104732
TicketID 14609_ServiceID 0
TicketID 0_ServiceID 178282
1. Extract 5 digit ticket id and 6 digit service id.
2. Extract nothing since there is no ticketID and service ID is blank.
3. Extract 5 digit ticket id and 6 digit service id.
4. Extract 5 digit ticket id only and service id should be blank since it is 0.
5. Extract 6 digit service id only and leave ticket ID blank since it is 0.
Desired output
srv_id
------
14593 104731
14595 104732
14609
178282
Answer
If you want to extract this information into two new columns, you can do it this way:
import numpy as np
import pandas as pd
In [22]: df[['TicketID','ServiceID']] = (
...: df.srv_id.str.extract(r'TicketID\s+(\d+).*?ServiceID\s+(\d+)', expand=True)
...: .replace(r'\b0\b', np.nan, regex=True)
...: )
...:
In [23]: df
Out[23]:
srv_id TicketID ServiceID
0 TicketID 14593_ServiceID 104731 14593 104731
1 ServiceID NaN NaN
2 TicketID 14595_ServiceID 104732 14595 104732
3 TicketID 14609_ServiceID 0 14609 NaN
4 TicketID 0_ServiceID 178282 NaN 178282
If you want to replace your string with extracted numbers:
In [161]: df['new_srv_id'] = \
df.srv_id.replace([r'[^\d{5,}]+', r'\s*\b0\b\s*'], [' ', ''], regex=True)
In [162]: df
Out[162]:
srv_id new_srv_id
0 TicketID 14593_ServiceID 104731 14593 104731
1 ServiceID
2 TicketID 14595_ServiceID 104732 14595 104732
3 TicketID 14609_ServiceID 0 14609
4 TicketID 0_ServiceID 178282 178282 | ESSENTIALAI-STEM |
Wikipedia:Sockpuppet investigations/Leviethen Leekano/Archive
Suspected sockpuppets
Sockpuppeteer making repeated vandalistic edits at Château Louis XIV, involving adding part of their username. The IP addresses began making the same type of edits involving the name after the main account received multiple talk page warnings. HapHaxion (talk / contribs) 16:23, 30 August 2022 (UTC)
Comments by other users
Clerk, CheckUser, and/or patrolling admin comments
* This is just sporadic straight-up vandalism. The named account hasn't edited since July 13, and the IPs, only one of which made a recent edit, have also made very few edits. A range block that includes both IPs is far too wide (/16). If the vandalism becomes more persistent, I suggest WP:RFPP. At this point, I see nothing served by blocks. Closing. Bbb23 (talk) 13:07, 31 August 2022 (UTC) | WIKI |
-- How to Spend $1,954 for a Dinner in Miami
Since its grand opening in 1954, the iconic Fontainebleau Hotel on Miami Beach has been a magnet for celebrities—from classic Hollywood heavyweights like Frank Sinatra and Elvis Presley, to modern-day pop stars like Miley Cyrus. To celebrate its upcoming 60th birthday, the famed hotel has created the " 1954 Dining Experience "—a one-of-a-kind upscale culinary experience that's worth a whopping $1,954 for a single meal. "The 1954 Dining Experience celebrates the Fontainebleau's history with an evening that captures the glamour of the past, the allure of the present, and a vision of tomorrow," said chef de cuisine Derrick Roberts. The meal, fashioned by Gotham Steak executive chef Alfred Portale, begins with a bottle of Louis Roderer Cristal champagne, followed by several courses of Petrossian Royal Osetra Caviar, Alaskan King Crab, and fresh oysters (from both coasts). Afterward, you'll enjoy chilled steamed lobster, which serves only to prepare you for the protein de résistance —a 12-ounce Japanese Wagyu strip steak, served, naturally, with a savory lineup of decadent side dishes and sauces. Diners who've saved room for dessert will indulge in an artisanal cheese selection plus two sweet treats created especially for this dinner by Fontainebleau's award-winning pastry-making staff. Like any special occasion meal, this one concludes with a nightcap—post-meal, a personal concierge will escort you to the hotel’s famous, celebrity-studded LIV nightclub (Jay-Z, Lady Gaga, and Kanye West are among LIV’s regulars). "The evening is an over-the-top night on the town that brings you back to a time when Frank Sinatra dined at the resort,” explained Roberts. “It’s definitely a night to remember!” And at $1,954 a plate, it certainly should be. More on Miami: More from Condé Nast Traveler : | NEWS-MULTISOURCE |
summarylogtreecommitdiffstats
path: root/PKGBUILD
blob: 3604208c77c5bb67bb538715aa922560faf794b6 (plain)
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# Maintainer : bartus <arch-user-repoᘓbartus.33mail.com>
_name="luxcorerender"
_fragment="#branch=2_79_maintenance"
pkgname=blender-2.7-plugin-${_name}
pkgver=2.2beta2.r24.ga5d7d33
pkgrel=1
pkgdesc="LuxCoreRender exporter plugin for Blender 2.7"
arch=('any')
url="https://luxcorerender.org/"
license=('GPL')
conflicts=(luxblend25 luxblend25-hg)
makedepends=(git)
source=("${_name}::git+https://github.com/LuxCoreRender/BlendLuxCore.git${_fragment}")
sha256sums=('SKIP')
pkgver() {
cd ${srcdir}/${_name}
[ -v _ver_tag ] && printf %s.r%s.g%s ${_ver_tag#blendluxcore_v} $(git rev-list ${_ver_tag}..HEAD --count) $(git log --pretty=format:'%h' -n 1) \
|| git describe --long --tags | sed 's/^blendluxcore_v//;s/\([^-]*-g\)/r\1/;s/-/./g'
}
package() {
depends=(blender-2.7 luxcorerender)
_blender="2.79"
install -d -m755 ${pkgdir}/usr/share/blender/${_blender}/scripts/addons
cp -a ${srcdir}/${_name} ${pkgdir}/usr/share/blender/${_blender}/scripts/addons/${_name}
# change the search path in exporter so it finds pylux in its new location :(previous solution was much better, what happen to blendlux )
#sed -i 's|from.*import pylux|import pylux|' "$pkgdir/usr/share/blender/$_blender/scripts/addons/luxrender/outputs/pure_api.py"
for file in `grep -rl import\ pyluxcore ${pkgdir}` ; do sed -i 's/from .* import pyluxcore/import pyluxcore/g' $file; done
rm -rf ${pkgdir}/usr/share/blender/${_blender}/scripts/addons/${_name}/bin
rm -rf ${pkgdir}/usr/share/blender/${_blender}/scripts/addons/${_name}/.{git,github,gitignore}
}
# vim:set ts=2 sw=2 et: | ESSENTIALAI-STEM |
-- Damascus Police Headquarters, Security Office Bombed: Jazeera
A powerful blast targeted the
Damascus police headquarters late today, al-Jazeera reported,
citing Muath al-Shami, an anti-government activist in the Syrian
capital. A second blast hit a security-services office in the
Bab Masla neighborhood, the news channel said. The blast at the police headquarters was followed by
gunfire that lasted for several minutes, al-Shami said,
according to al-Jazeera. Syrian state television reported that a car bomb attack
occurred in Khalid bin al-Walid street in Damascus without
giving further details. To contact the reporter on this story:
Zaid Sabah Abd Alhamid in Washington at
zalhamid@bloomberg.net To contact the editor responsible for this story:
Andrew J. Barden at
barden@bloomberg.net | NEWS-MULTISOURCE |
Class: IControl::System::SoftwareManagement::SoftwareStatus
Inherits:
Base::Struct
• Object
show all
Defined in:
lib/icontrol/system/software_management.rb,
lib/icontrol/system/software_management.rb
Overview
A structure that contains information on software status. This includes items like product, version, build, and (live install) completion status.
Instance Attribute Summary collapse
Instance Attribute Details
#activeObject
Whether the boot location is active.
Returns:
• (Object)
the current value of active
350
351
352
# File 'lib/icontrol/system/software_management.rb', line 350
def active
@active
end
#base_buildString
The base build (used for hotfixes).
Returns:
• (String)
the current value of base_build
350
351
352
# File 'lib/icontrol/system/software_management.rb', line 350
def base_build
@base_build
end
#buildString
The build number you are installing.
Returns:
• (String)
the current value of build
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351
352
# File 'lib/icontrol/system/software_management.rb', line 350
def build
@build
end
#editionString
Gives the edition, e.g.“Hotfix HF4” (used for hotfixes).
Returns:
• (String)
the current value of edition
350
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352
# File 'lib/icontrol/system/software_management.rb', line 350
def edition
@edition
end
#installation_idIControl::System::SoftwareManagement::InstallationID
The location for the status.
Returns:
350
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352
# File 'lib/icontrol/system/software_management.rb', line 350
def installation_id
@installation_id
end
#productString
The product you are installing (ex: BIGIP) (or, product which is installed).
Returns:
• (String)
the current value of product
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352
# File 'lib/icontrol/system/software_management.rb', line 350
def product
@product
end
#statusString
A string indicating the status of the live install process. The status strings are “none”, “audited”, “retry”, “upgrade needed”, “waiting for image”, “installing nn.mmm pct”, “complete”, “cancelling”, “cancelled”, and “failed”. The “failed” string may have text giving a reason after it. The “waiting for image” string may have further text after it describing the image being awaited. A client should ignore any strings returned other than these. You can use the status field to monitor the completion status of a live install operation in process. When checking status, you should ensure that the product, version, and build reflect the software whose status you are interested in (because there are a few scenarios where the product, version, and build for a volume may not be updated as quickly as you might expect).
Returns:
• (String)
the current value of status
350
351
352
# File 'lib/icontrol/system/software_management.rb', line 350
def status
@status
end
#versionString
The version of product (ex: 9.6.0).
Returns:
• (String)
the current value of version
350
351
352
# File 'lib/icontrol/system/software_management.rb', line 350
def version
@version
end | ESSENTIALAI-STEM |
Engineers in the general industrial and automation industry are always confused about the difference between extruded aluminum 6063T5 and 6063T6. Their processing, properties, and prices are all different, and which material is suitable for their production application? The aluminum extrusion manufacturer FONNOV ALUMINIUM gives you a brief introduction and comparison on the difference between the 6063t5 aluminum profile and the 6063t6 aluminum profile.
T5 is a high-temperature forming + artificial aging. It is cooled by a high-temperature molding process and then subjected to a plastic aging state.
T6 is solution heat treatment + artificial aging. After the solution heat treatment, the state of artificial aging is performed.
Below are the mechanical properties of 6063 aluminum alloy, which after T5 and T6 treatment.
Aluminium Alloy & TemperThickness
mm
Tensile Strength
Rm/Mpa
Yield Strength
Rp0.2/Mpa
Elongation /%
A
HBW
6063-T5≤3.0017513065
>3.00-25.00160110765
6063-T6≤10.0021517075
>10.00-25.00195160875
Although the two tempers are different in definition, there is not much difference between the 6063 alloys, but mainly reflected in the difference in mechanical properties. T5 is generally air-cooled and naturally cooled during quenching in aluminum profile plants. T6 is cooled by water to cool the aluminum material instantaneously so that the aluminum profile can reach higher hardness requirements. T6 temper is apparent with more top mechanical properties in strength, elongation, and hardness, and its price is also higher than the cost of T5.
Considering the usage of your final product, if the material requirement on strength and hardness are relatively high, the temper of T6 can be selected, and if no particular need on strength and hardness, the temper T5 can be chosen.
FONNOV ALUMINIUM provides users with quality extruded aluminum profiles for both building construction and general industry. Welcome, contact us at [email protected]
Thanks For Sharing!
We will answer your EMAIL within 1 day! | ESSENTIALAI-STEM |
Onyx Collective (American band)
"For the American content brand, see Onyx Collective."Onyx Collective is an American experimental jazz group, founded by saxophonist Isaiah Barr and drummer Austin Williamson. Since forming in 2014, the group has released 7 albums and featured a rotating cast of dozens of members and guest musicians.
History
Both New York City natives, Barr and Williamson met while still in high school, and were mentored by saxophonist Roy Nathanson of The Jazz Passengers. In October 2014, they began hosting a show on KNOW-WAVE Radio, bringing in guests to jam live on-air, which led to collaborations with station regulars like Dev Hynes and Wiki.
Barr and Williamson have spoken extensively in interviews about their ties to the Manhattan neighborhoods of the East Village and Lower East Side. A number of titles of compositions featured on Onyx Collective's Lower East Suite Part One (2017), Lower East Suite Part Two (2017), and Lower East Suite Part Three (2018) contain references to downtown Manhattan landmarks, including "2 AM At Veselka," "Rumble in Chatham Square," "Don't Get Caught Under The Manhattan Bridge," and "97 Allen," a reference to the headquarters of clothing brand The Good Company.
From 2014 until 2020, Onyx Collective became known for their guerrilla approach to public performance, presenting improvised music in non-traditional pop-up venues in Lower Manhattan, including clothing stores, barber shops, and gallery spaces. In 2016, they hosted NYXO, a three-month residency at 225 West Broadway in Tribeca, which featured musicians as varied as Show Me The Body, Phony PPL, and Puerto-Rican jazz legend John Benitez.
Onyx Collective recordings and performances have featured vocalists like Dev Hynes, Kelsey Lu, Nick Hakim, Princess Nokia, Duendita, Okay Kaya, Julian Soto, and Ian Isiah; pianists Julius Rodriguez, Isaac Sleator, Mike Swoop, and Josh Benitez; bassists Felix Pastorius, Spencer Murphy, Walter Stinson, Daryl Johns, and Dean Torrey; drummers Yussef Dayes and David Frazier, Jr., and guitarist Jack Gulielmetti. They have appeared on albums by Nick Hakim, Ian Isiah, Princess Nokia, and Radamiz, and toured as the backing band for A$AP Rocky. In 2021, Onyx Collective collaborated with funk band Chromeo on "Baby".
The band has had a longtime association with the New York City visual art scene, specifically artists Julian Schnabel, Brian Bellott, Adam Zhu, and Maxwell Dieter; in a formal exhibition setting, they've contributed to Jason Moran's Jazz On A High Floor in the Afternoon at The Whitney, as well as Agathe Snow's Stamina at The Guggenheim.
Individually, Williamson has recorded as a drummer with Blood Orange, Standing On The Corner, Miho Hatori, and Pretty Sick, while Barr has been featured as a composer and saxophonist on recordings by Bakar, David Byrne, and Ratking.
Discography
* 2nd Avenue Rundown (2016, Supreme / Know Wave)
* Lower East Suite Part 1 (2017, Big Dada)
* Lower East Suite Part 2 (2017, Big Dada)
* Lower East Suite Part 3 (2018, Big Dada)
* World of Possibility (2019, Big Love Records)
* Trad Jazz (2020, NYXO / Braindead)
* Manhattan Special (2020, tmwrk / Concord) | WIKI |
Page:Gurujadalu.pdf/50
"Another time. Good mother ? for me it would ill-become To tarry long, while all my comrades wait Upon the river's bank, whereas we flew Our pigeons, mine" - "Tis safe," she interposed, And dragged him by the arm through several gates And left him at bright pool's brink and shut A gate or two and slipt.1
And he like one From midnight slumbers snatched to moonlight bowers In Persian values, by some love-sick Peri, With wonder looked around at seenes the like He never saw before. All over the park A hundred fountains flew with rainbows decked And full of golden foam; a Jessamine sea About him spread, and at his feet a pond Now one by one her colored lilies closed. More varied lay the scene beyond, where spread As far as eye could reach an endless grove. With raptured eve the prince surveyed the scene And took his way to where one water broad Shone in the morning sun, and stood reclined To a youthful tree that kissed the water's face He was a learned youth' and not to him Unknown the magic realms that poets trod Before; and spake to him each bird and bloom Some poetic tale or moral sweet. He mused And musing stood, lost in a world of charms. గురుజాడలు | WIKI |
Template:Did you know nominations/Military history of Bangladesh
The result was: withdrawn by nominator, closed by BlueMoonset (talk) 17:36, 2 October 2017 (UTC)
Withdrawn by nominator, but article would not have been eligible in any event since it appeared on the main page as a DYK shortly after the article was created in 2008.
Military history of Bangladesh
* ... that the military history of Bangladesh once featured regional supremacy because of good artillery? Source:
* ALT1: ... that the military history of Bangladesh saw supremacy over neighbors because of good artillery? Source:
5x expanded by Fez Cap 12 (talk). Self-nominated at 19:20, 27 September 2017 (UTC).
* Not a review as such, but I'd say it is quite far-fetched to say that Bangladesh (a state founded in 1971) was a regional superpower in the 17th century. --Soman (talk) 08:37, 30 September 2017 (UTC)
* Equating regional supremacy with the status of a superpower is far fetched. Banglapedia, a publication of the Asiatic Society of Bangladesh, is the source of the given hook. Bangladesh is certainly a modern state founded in 1971, but that cannot be a reason to brush off history within its territory prior to 1971.-Fez Cap 12 (talk) 11:58, 30 September 2017 (UTC)
* If we go by your logic, then the content in History of Bangladesh should be greatly reduced. Some of you Bangladesh-related editors should go ahead and do that then, so other editors would not bother to develop other articles on similar lines.-Fez Cap 12 (talk) 12:11, 30 September 2017 (UTC)
* This mirrors the discussion on ancient Pakistan. It is obviously true that the land today known as Bangladesh have a long and rich history. But to say that Bangladesh would have been a regional artillery power in 17th century (as is alluded in the DYK nom) is bordering historical revisionism. --Soman (talk) 14:29, 30 September 2017 (UTC)
* Many countries were established only in the 19th and 20th centuries, like Azerbaijan, Canada, Mexico etc. Their recent establishment does not dilute their earlier history. The history of the region in question (Bengal) belongs to both Bangladesh and India (India and Pakistan were both legal successors of the British Raj in 1947). Some aspects of this history, such as the Bengal-Arakan conflicts and local warlord Isa Khan, apply specifically to Bangladesh and are not mentioned in the Military history of India. It can't be historical revisionism to document the history of Bengal within modern Bangladesh. Having said that, I understand to an extent where you are coming from. But there is no country called Bengal anymore. The successors are both Bangladesh and India and the history belongs to both.
* It is not historical revisionism for Wikipedia to document the precolonial and colonial histories of countries. If that was the case, other military history articles should be rewritten.-Fez Cap 12 (talk) 17:49, 30 September 2017 (UTC)
I would like withdraw the nomination since the article expansion seems insufficient at this point.-Fez Cap 12 (talk) 02:13, 2 October 2017 (UTC)
* ... that the military history of Bangladesh has a heritage of strong artillery and gunpowder exports to Europe?
* Symbol delete vote.svg Withdrawn by nominator. Alex ShihTalk 03:36, 2 October 2017 (UTC) | WIKI |
Transition-minimized differential signaling
Transition-minimized differential signaling (TMDS) is a technology for transmitting high-speed serial data used by the DVI and HDMI video interfaces, as well as by other digital communication interfaces.
The transmitter incorporates an advanced coding algorithm which reduces electromagnetic interference over copper cables and enables robust clock recovery at the receiver to achieve high skew tolerance for driving longer cables as well as shorter low-cost cables.
Coding
The method is a form of 8b/10b encoding but using a code-set that differs from the original IBM form. A two-stage process converts an input of 8 bits into a 10 bit code with particular desirable properties. In the first stage, the first bit is untransformed and each subsequent bit is either XOR or XNOR transformed against the previous bit. The encoder chooses between XOR and XNOR by determining which will result in the fewest transitions; the ninth bit encodes which operation was used. In the second stage, the first eight bits are optionally inverted to even out the balance of ones and zeros and therefore the sustained average DC level; the tenth bit encodes whether this inversion took place.
The 10-bit TMDS symbol can represent either an 8-bit data value during normal data transmission, or 2 bits of control signals during screen blanking. Of the 1,024 possible combinations of the 10 transmitted bits:
* 460 combinations are used to represent an 8-bit data value, as most of the 256 possible values have two encoded variants (some values have only one),
* 4 combinations are used to represent 2 bits of control signals (C0 and C1 in the table below); unlike the data symbols these have such properties that they can be reliably recognized even if sync is lost and are therefore also used for synchronizing the decoder,
* 2 combinations are used as a guard band before HDMI data,
* 558 remaining combinations are reserved and forbidden.
Control data is encoded using the values in the table below. Control data characters are designed to have a large number (7) of transitions to help the receiver synchronize its clock with the transmitter clock.
On Channel 0 the C0 and C1 bits encode the Horizontal synchronization (HSync) and Vertical synchronization (VSync) signals. On the other channels they encode the CTL0 through CTL3 signals which are unused by DVI but in the case of HDMI are used as a preamble indicating the type of data about to be transferred (Video Data or Data Island), the HDCP status and so on.
TMDS was developed by Silicon Image Inc. as a member of the Digital Display Working Group.
TMDS is similar to low-voltage differential signaling (LVDS) in that it uses differential signaling to reduce electromagnetic interference (EMI) which allows faster signal transfers with increased accuracy. TMDS also uses a twisted pair for noise reduction, rather than coaxial cable that is conventional for carrying video signals. Like LVDS, the data is transmitted serially over the data link. When transmitting video data and used in HDMI, three TMDS twisted pairs are used to transfer video data. Each of the three links corresponds to a different RGB component.
The physical layer for TMDS is current mode logic (CML), DC coupled and terminated to 3.3 Volts. While the data is DC balanced (by the encoding algorithm), DC coupling is part of the specification. TMDS can be switched or repeated by any method applicable to CML signals. However, if DC coupling to the transmitter is not preserved, some transmitters' "monitor detection" features may not work properly. | WIKI |
Asprelis Asprelis - 3 months ago 32
Java Question
Private variable shares between objects
I have class that looks like
public class Sender {
private LoggingAdapter log = Logging.getLogger(this.toString());
private final ArrayList<CSAMessage> sentHistory = new ArrayList<>();
public void send(final CSAMessage message) {
doSend(message);
sentHistory.add(message);
}
private void doSend(CSAMessage message) {
//do send stuff
}
}
The problem is - when two instances of Sender class are called in same time, they share private sentHistory field. In logs it looks like
Sender1 send(...) was called, message was added to own sendHistory list
Sender2 send(...) was called, message was added to Sender1 sendHistory list
How is that posiible? I'm shure that Sender1 and Sender2 are different instances, they called from different threads, but call was made in same time.
I already tried to make variable 'volatile' - no result
This block gives no result too
private final ArrayList<CSAMessage> sentHistory;
{
sentHistory = new ArrayList<>();
}
Only synchronizing via class helps
public void send(final CSAMessage message) {
synchronized (Sender.class) {
doSend(message);
sentHistory.add(message);
}
}
But this will be performance bottleneck - many Senders must be able to work in same time. And why should i do so? Different instances must use it's own variables!
There are also log variable that has been declared same way, but logging variable not shared between objects, every Sender write logs from it's own name.
Answer
Marking the variable final and initializing it the way you did
private final ArrayList<CSAMessage> sentHistory = new ArrayList<>();
// ^^^^^ ^^^^^^^^^^^^^^^^^^^
makes it absolutely impossible for multiple instances to share the same ArrayList.
What remains possible, however, is for multiple ArrayLists to share the same instances of CSAMessage. In cases when shared CSAMessages are mutable, it is possible to create an illusion of sharing. For example, if CSAMessage has a link back to Sender which is set as part of a send call, making a change concurrently may present the message as if it were sent through a wrong sender. | ESSENTIALAI-STEM |
Concrete5
concrete5 5.5: User Interface and Twitter Bootstrap
Note, this how-to can be read on concrete5.org here
Version 5.5 of concrete5 includes a much improved, more consistent user interface. It is unified between the front-end dialog boxes and the dashboard panes, which appear one to a page.
This normalization and attractive appearance is due in no small part to the usage of Twitter Boostrap, an open source user interface toolkit provided by the developers of Twitter.
What is Twitter Bootstrap?
Bootstrap is a UI framework for web applications, created by the engineers at Twitter. It provides HTML markup for common web problems like forms, tables, application alerts, popovers, layout grids, and more, as well as the CSS to render these items in an attractive way. Bootstrap makes your buttons, form elements, menus, navigation items, and typography all look nice.
Current Version
Version 5.5 of concrete5 shipped with a customized version of Twitter Bootstrap v1.3.0. As with all our included JavaScript libraries, we will be updating this on a periodic basis, with our new releases. The next update will come after 5.5.1.
From version 1.2 on, Bootstrap included some basic JavaScript libraries for interacting with its animated elements. We use the popover and tooltip libraries from Bootstrap, but not the dialog class. We now use jQuery UI's dialog class in concrete5, with a customized jquery.ui.css file that makes everything appear unified. We're sweating the details.
Implementation
At concrete5 we were very impressed by the end result of Bootstrap, and by the markup used to create it. Additionally, using a popular UI framework that many web developers would soon be familiar certainly wouldn't hurt, either.
Unfortunately, we couldn't just drop bootstrap into the header of our applications, while logged in. Part of this is because Bootstrap is somewhat greedy with its styles: it intends to be used as an integral part of a startup web application. It wasn't built to be included alongside other CSS (and especially wasn't meant to coexist side-by-side with a theme that was built with no knowledge that Bootstrap was on its way.)
So what did we do? We modified the bootstrap libraries to be namespaced inside a "ccm-ui" class. That means that you can include our Bootstrap CSS (which is a part of the minified ccm.app.css file) and Bootstrap will remain silent and watching – until you include wrap some HTML inside a ccm-ui class. At that point Bootstrap will kick into gear, and everything inside that DIV will have Bootstrap styles applied to it.
Can I just "drop in" a new copy of Twitter Bootstrap?
No. Due to the way we've included Bootstrap, you can't just overwrite some files. We actually make some fairly extensive customizations (by hand) to the file.
Using Bootstrap with your blocks, Dashboard Pages, and More
So how do you use Bootstrap in your custom concrete5 pages, blocks and applications? We've written some guidelines for writing extensions to the 5.5 dashboard and writing blocks 5.5 that automatically wrap the dialogs in the Bootstrap styles:
Style Guide for concrete5 5.5
This guide shows how you can make your blocks automatically wrap their forms in the ccm-ui class, and make your dashboard pages do the same. Additionally, the instructions will add new capabilities to your dashboard pages, such as the ability to add them to 5.5's quick navigation, and automatic second level dashboard navigation.
Going Forward
Version 5.5 is concrete5's biggest UI overhaul yet, and presents the most cohesive, unified and detail-oriented interface we've ever shipped. We're really proud of it, and Bootstrap is a large portion of that. Dive into Bootstrap and start building beautiful concrete5 interfaces.
Loading Conversation | ESSENTIALAI-STEM |
File talk:White Gator at Audubon Zoo, New Orleans.jpg
Description Nitpick
Hey, local here. I noticed the description says that the alligator in this photo is albino. Easy mistake to make, it's in fact leucistic, a similar but different condition. https://audubonnatureinstitute.org/white-alligator. It would be nice if this is corrected. (I hope this is the appropriate way to correct this, I don't edit wikipedia much) NumelCase (talk) 06:08, 5 April 2024 (UTC) | WIKI |
Zimbabwe vice president's wife arrested for suspected fraud, money laundering
HARARE (Reuters) - Zimbabwean authorities arrested the wife of Vice President Constantino Chiwenga on charges of money laundering, fraud and violating exchange control regulations, the country’s anti Corruption Commission (ZACC) said on Sunday. Marry Mubaiwa was arrested on Saturday evening and will likely appear in court on Monday, ZACC spokesman John Makamure said. He declined to give further details. Mubaiwa could not be reached for comment on Sunday. Appointed by President Emmerson Mnangagwa this year, ZACC is under pressure to show that it can tackle high-level graft, which watchdog Transparency International estimates is costing the country $1 billion annually. An internal ZACC memorandum of the charges seen by Reuters showed that between October 2018 and May this year Mubaiwa is accused of unlawfully transferring $919,000 to South Africa under the guise of importing goods, which it claims she never did. The timing of Mubaiwa’s arrest will likely raise eyebrows after local private media reported two weeks ago that she was going through a divorce with her husband Chiwenga. The ZACC memo accused Mubaiwa of fraudulently obtaining a marriage certificate without Chiwenga’s consent earlier this year when the vice president was ill. The two have been married under Zimbabwe’s customary law since 2011 and have two children. Chiwenga returned home last month after spending four months in China receiving medical treatment for a blocked esophagus. He has not been seen with Chiwenga in public, including at the annual ruling party conference that ended on Saturday. Critics of ZACC say the agency is conflicted because its head judge, Loice Matanda-Moyo, is the wife of Zimbabwe’s Foreign Minister Sibusiso Moyo, a top ally of President Emmerson Mnangagwa. Reporting by MacDonald Dzirutwe; Editing by Tim Cocks, John Stonestreet and Christina Fincher | NEWS-MULTISOURCE |
Julian Sands
Julian Richard Morley Sands (4 January 1958 – c. 13 January 2023) was an English actor. His break-out role was as George Emerson in A Room with a View (1985), and he also appeared in The Killing Fields (1984), Gothic (1986), Siesta (1987), Warlock (1989), Arachnophobia (1990), Naked Lunch (1991), Boxing Helena (1993), Leaving Las Vegas (1995), The Medallion (2003), Ocean's Thirteen (2007), and The Girl with the Dragon Tattoo (2011). On television, he portrayed Nick Hardaway in Rose Red (2002), Vladimir Bierko in 24 (2006), Jor-El in Smallville (2009–2010) and voiced Valmont in Jackie Chan Adventures (2000–2002).
In January 2023, Sands went missing while hiking in the San Gabriel Mountains northeast of Los Angeles. His remains were discovered that June in the area he had been visiting.
Early life
Julian Richard Morley Sands was born in Otley, West Riding of Yorkshire, England, on 4 January 1958, son of William Sands, a soil analyst, and Brenda, née Leach, a Conservative party councillor and leading figure in the local amateur dramatic society. He was educated at Lord Wandsworth College in Hampshire, and studied at the Central School of Speech and Drama.
Career
Sands began his film career appearing in supporting roles in films, including Oxford Blues (1984) and The Killing Fields (1984). He also had a cameo as a Greek soldier in the BBC adaptation of The Box of Delights in 1984. He appeared opposite John Hurt in the Swiss horror film After Darkness in 1985. He was cast as the romantic lead in the 1985 film A Room with a View. Following the success of A Room with a View and Ken Russell's Gothic (1986) Sands dropped out of Maurice and decided to move to Hollywood to pursue a career in American films, where he appeared in a range of roles.
Sands played the title role in the horror film Warlock (1989) and its sequel Warlock: The Armageddon (1993), the role of Franz Liszt in Impromptu (1991), the role of Yves Cloquet in Naked Lunch (1991), and prominent roles in Arachnophobia (1990), Boxing Helena (1993), Tale of a Vampire (1992), and Leaving Las Vegas (1995). He played Erik, aka the Phantom in the 1998 horror-film version of The Phantom of the Opera. He played Laurence Olivier in BBC Four's In Praise of Hardcore (2005), a drama about the critic and impresario Kenneth Tynan.
In television work, he voiced Valmont in seasons 1 and 2 of Jackie Chan Adventures, before being replaced by Andrew Ableson and Greg Ellis in the remaining seasons. He played the Doci of the Ori in two episodes of the ninth season of Stargate SG-1 (a role he reprised in the film, Stargate: the Ark of Truth). He played a college professor in a Season One episode of The L Word. In 2002, he starred in Stephen King's Rose Red and the Austrian ambassador Klemens von Metternich in the miniseries Napoléon. In the 2006 season of 24, he played terrorist Vladimir Bierko.
Sands played Jor-El, Superman's father, in the ninth season of Smallville, and reprised the role in the series' final (tenth) season. In 2009, he played Reg Hunt in Bollywood Hero. In 2012, he played Alistair Wesley in the seventh episode of the second season of Person of Interest.
In August 2011, he appeared onstage at the Edinburgh Fringe Festival in A Celebration of Harold Pinter, directed by John Malkovich at the Pleasance Courtyard. The play transferred to the Irish Repertory Theatre, in New York. His performance in the play was nominated for "Outstanding Solo Performance" for the 58th Annual Drama Desk Awards (2013).
In 2011, Sands appeared in the mystery thriller film The Girl with the Dragon Tattoo, an English-language remake of the original version, as the younger Henrik Vanger. In 2012, Sands voiced the character of DeFalco in Call of Duty: Black Ops 2. In 2013, Sands appeared as Miles Castner, a wealthy international businessman, during the eighth season of Dexter.
Personal life
Sands was married to Sarah Harvey, a British journalist and author, from 1984 until 1987. The couple had one son. On 22 September 1990, Sands married Evgenia Citkowitz – an American playwright, author, and journalist who is the daughter of Polish-American composer Israel Citkowitz and Lady Caroline Blackwood – after being introduced by John Malkovich, a friend of Sands. The couple had two daughters. Sands was fiercely protective of his family and rarely spoke about his wife or children in interviews.
Sands and his family lived in Los Angeles, California, from 1990 until his death.
Disappearance and death
On 13 January 2023, Sands, a dedicated mountaineer, went hiking in Mount San Antonio, California, in the San Gabriel Mountains northeast of Los Angeles, and was reported missing later that evening. The initial search was hampered by severe storms that occurred shortly after he went missing. His car was located on 18 January. The following day, it was reported that Sands's three adult children had joined the ground search for their father. His son Henry, along with an experienced climber, was retracing the route his dad was believed to have taken. According to reports, Sands's mobile phone was last tracked from a pinged location on 15 January, suggesting it had run out of power.
Around the time of his disappearance, Sands was believed to be traversing the Baldy Bowl Trail, "which climbs 3,900 ft over 4.5 mi to the highest summit in the San Gabriel Mountains". Reports state there was "evidence of avalanches" in the region. A representative of the San Bernardino County Sheriff's Department (SBSD) confirmed that "the air search is being resumed, but we have not been able to resume a ground search yet due to icy conditions and a threat of avalanches." The Sands family put out a statement on the 11th day after Sands went missing, praising "the heroic search teams" and their efforts "on the ground and in the air to bring Julian home".
On 25 January, Nick Sands, one of Sands's four brothers, was quoted by the BBC as saying "I have come to terms with the fact he's gone and for me that's how I've dealt with it." Henry Sands told The Times on 14 April that he was "of course, realistic about the impact on the search of the weather conditions over the last three months", in light of the 40-year record snowfall in California, and that he looked forward to the resumption of the search as the weather improved and that the search for his father continues.
On 19 June, five months after Sands disappeared, the SBSD posted an update stating that more than 80 search-and-rescue members had descended into remote areas across Mount Baldy to search for Sands on 17 June. The advisory stated that since January, there had been eight official search missions to find Sands, exceeding 500 volunteer search hours. On 23 June, the Sands family released a statement, saying "We continue to hold Julian in our hearts with bright memories of him as a wonderful father, husband, explorer, lover of the natural world and the arts, and as an original and collaborative performer".
On 24 June, hikers found human remains in the area where Sands had disappeared. The remains were positively identified as Sands's on 27 June. On 24 July, the cause of death was listed as "undetermined" because of "the condition of the body ... [which is] common when dealing with cases of this type." | WIKI |
Contakt
Contakt is the fifth studio album by the Norwegian urban music duo Madcon. It was released on 21 June 2012. The album entered the Norwegian Albums Chart at number 18. This is the first album recorded entirely in their native language.
Singles
* 1) Å Lø
* 2) Fest På Smedstad Vest
* 3) Fåkke Fly Bort
* 4) Kjører På | WIKI |
December (George Winston album)
December is the fourth solo piano album from George Winston. It was recorded during the fall of 1982 and was released at the end of the year. It is a Christmas album, and more generally a tribute to the winter season. The album is a follow-up to Winter into Spring from earlier in 1982.
December is Winston's highest-selling album, having been certified triple Platinum by the RIAA, signifying 3 million copies in shipment. The success of the album, along with several of Winston's other albums from the early 1980s, enabled the record label, Windham Hill, to get international distribution and a higher profile. The album also spent 136 weeks on the Billboard 200, reaching a peak of No. 54 in January 1984, over a year after its original release. In 1987, five years after its release, it reached No. 2 on Billboard's Top Holiday Albums chart.
A 20th Anniversary Edition of the album, with two bonus tracks, was released in 2001. The album was again reissued in 2013 by Valley Entertainment with Dancing Cat Records, Winston's own label. This reissue was packaged in a Digipak and features revised cover art.
Critical reception
AllMusic critic William Ruhlmann commented that December ranks as "the mother of all solo instrumental albums, and with good reason. Mixing traditional carols with Pachelbel's Canon and a few originals, Winston produces a solo piano album of unparalleled—and undeniable—beauty. How can music be simultaneously stirring and soothing, relaxed yet exalted? Millions have found the answer here, and an industry has spent decades trying to duplicate it."
Personnel
Credits adapted from 1982 vinyl liner notes.
* George Winston — piano
* Additional:
* Anne Ackerman, William Ackerman — cover design
* Karen Kirsch, Steven Miller — sound engineers
* Jack Hunt — mastering
* Greg Edmonds — photography | WIKI |
Talk:Boneyfiddle Commercial District
I was told that there is a plaque over the door on the “red house” that sits just west of Market Street that is written in French or German that reads “Bon et Fidele,” or “Good and True.” Can anyone confirm that? It may be a valid source for the name of the district.
Origin of the name “Boneyfiddle.”
I was told that there is a plaque over the door on the “red house” that sits just west of Market Street that is written in French or German that reads “Bon et Fidele,” or “Good and True.” Can anyone confirm that? It may be a valid source for the name of the district. Bob45648 (talk) 02:36, 13 April 2022 (UTC) | WIKI |
Viver i Serrateix
Viver i Serrateix is a municipality in the comarca of Berguedà, Catalonia. It comprises the towns of Viver and Serrateix, as per the name.
History
Santa Maria de Serrateix was established in 940. Viver and Serrateix was formerly controlled by the Barons of Viver, who had their castle and seat in the town. The barons retained possession of the municipality's lands until the 17th century, when they sold it to the Rajadell family.
The municipality was created when the two towns were united in the 19th century. Soon thereafter, the towns of Mondarn and Pujol de Planes were also added to the united municipality.
Culture
The current parochial church of the municipality is what was formerly the Monastery of Santa Maria de Serrateix. It is Romanesque in style, and contains one of its three original apses. The adjoining cloister is in the neoclassical style, and was constructed in the 18th century.
At the center of the town of Viver is the Church of Sant Miquel, consecrated in 1187. The present building, however, dates from the 17th century, and is principally in the Renaissance style, with late Gothic influences. Its belltower was built in 1798.
The former Church of Sant Pere is currently in use as the town hall.
Economy
The principal occupation of the municipality's inhabitants is animal husbandry, and especially sheep and goats. Cereal cultivation is also widespread, especially of wheat, rye, and barley. | WIKI |
Landon LANE, Plaintiff-Appellee, v. CITY OF LAFOLLETTE, TENNESSEE; Cliff Jennings, Mayor, Robert Fannon, City Councilman, Hansford Hatmaker, City Councilman, in their individual capacities, Defendants-Appellants, Cliff Jennings, Mayor, et al., in their official capacities, Defendants.
No. 06-5803.
United States Court of Appeals, Sixth Circuit.
Argued: April 24, 2007.
Decided and Filed: June 6, 2007.
ARGUED: Nathan D. Rowell, Watson, Roach, Batson, Rowell & Lauderback, Knoxville, Tennessee, Daniel H. Rader III, Moore, Rader, Clift & Fitzpatrick, Cooke-ville, Tennessee, for Appellants. J. Timothy Bobo, Ridenour & Ridenour, Clinton, Tennessee, for Appellee. ON BRIEF: Nathan D. Rowell, Watson, Roach, Batson, Rowell & Lauderback, Knoxville, Tennessee, Daniel H. Rader III, Moore, Rader, Clift & Fitzpatrick, Cookeville, Tennessee, for Appellants. J. Timothy Bobo, Riden-our & Ridenour, Clinton, Tennessee, for Appellee.
Before: SUHRHEINRICH, CLAY, and SUTTON, Circuit Judges.
OPINION
CLAY, Circuit Judge.
Plaintiff Landon Lane is the former Recreation Director of the city of LaFollette, Tennessee (the “City”). In the November, 2004 mayoral election, Plaintiff supported Defendant Cliff Jennings’ opponent, Lucy Lobertini. Defendant Jennings won the election. After the election, Defendants Jennings, Robert Fannon and Hansford Hatmaker, all members of City Council, voted to terminate Plaintiff. Plaintiff sued Defendants in their individual and official capacities pursuant to 42 U.S.C. § 1983, alleging, inter alia, that they violated several of his rights secured by the United States Constitution, primarily his First and Fourteenth Amendment right not to be terminated from government employment on account of his political beliefs. Defendants moved for summary judgment, arguing that they did not vote to terminate Plaintiff because of his political beliefs, and, even if they had, the nature of Plaintiffs position was such that Plaintiff could legally be terminated for political reasons. Defendants also contended that their actions were protected by the doctrine of qualified immunity. The district court denied Defendants’ motion for summary judgment with respect to Plaintiffs federal constitutional claims, and Defendants brought this interlocutory appeal challenging the district court’s refusal to credit their defense of qualified immunity. In addition, Defendants challenge the district court’s refusal to grant summary judgment in their favor on Plaintiffs official-capacity claims. For the reasons that follow, we AFFIRM the district court’s denial of qualified immunity, and DISMISS Defendants’ challenge to Plaintiffs official-capacity claims for want of jurisdiction.
BACKGROUND
This case concerns the position of Recreation Director of the City of LaFollette (the “Recreation Director”). What constitutes the job duties of the Recreation Director is a factual matter, the resolution of which is necessary to deciding the issues presented in this appeal; it is also a factual matter that Plaintiff and Defendants dispute. For the purpose of this appeal, information about the Recreation Director’s job duties comes from three sources: the Charter of the City of LaFol-lette, Tennessee (the “City Charter”), the City of LaFollette Employee Handbook & Personnel Policies (the “Employee Handbook”), and the parties’ affidavits.
The structure of the City’s government is detailed in the City Charter. Article II of the City Charter vests broad “general powers” in the City Council, and identifies many specific responsibilities of the City Council. J.A. at 62. Article V addresses the responsibilities of the City Administrator, whose duties include “supervising] and coordinating] all administrative activities of the affairs of the city under the City Council.” J.A. at 67. Article V also enumerates nine specific duties of the City Administrator. Information relevant to the position of Recreation Director is located in Articles VI and VII of the City Charter. The City Charter does not, however, define the responsibilities of the Recreation Director. Article VI of the City Charter addresses “Other City Officers.” Article VI states in relevant part:
Section 1. Appointment of Officers. The City Council shall elect by majority vote the following officers: City Clerk, City Attorney, City Judge, Treasurer, Chief of Police, Public Works Director, Street and Sanitation Operations Manager, Codes Enforcement Officer, Recreation Director, Animal Control Officer, and Fire Chief. Such officers shall serve at the pleasure of the City Council.
All Officers shall be elected with due regard to their qualifications and fitness and for the good of the public service, and without reference to race, age, color, creed, sex, or political party affiliation. It shall be unlawful for any candidate for office or any candidate for appointed office to give or promise any person, either directly or indirectly, any office, position, employment benefit, or anything of value for the purpose of influencing or obtaining the political support, aid, or vote of any person.
J.A. at 68.
Article VII addresses “Administration and Finance.” Article VII states in relevant part:
Section 1. Administrative Organization. The City Council shall determine the powers and duties to be performed by each department, shall prescribe the powers and duties of all officers and employees, and may require an officer or employee to perform duties in any number of departments. The administrative organization, under the supervision of the City Administrator, shall be organized into the following departments: (1) Department of Finance; (2) Department of Public Safety; (3) Department of Public Works; and (4) Department of Recreation. The City Council shall have the power to change the departmental organization by ordinance upon recommendation from the City Administrator.
J.A. at 69.
Additionally, the parties support their positions by reference to the Employee Handbook. The Employee Handbook contains a policy statement informing the employee that “[ejmployment with the City of LaFollette is at will.” J.A. at 34. The Employee Handbook also provides an overview of the government of the City:
The Mayor and City Council establish policy and enact ordinances and resolutions for the development of the entire community. As elected officials, the Mayor and City Council set the policies by which the City of LaFollette government functions.
The City Administrator is the Chief Administrative Officer of the City of LaFol-lette and is responsible for handling the administrative affairs of the City government within the framework of the City Charter and policies adopted by the Mayor and City Council.
J.A. at 76.
The Employee Handbook also contains a section entitled “Miscellaneous Policies,” subsection A of which addresses “Political Activity.” Subsection A states in relevant part:
No person in the service of the City of LaFollette or seeking admission thereto, shall be appointed, reduced, removed, or in any way favored or discriminated against because of political opinions or affiliations.
Nothing in this section is intended to prohibit any municipal government employee from privately expressing his/her political views or from casting his/her vote in all elections.
J.A. at 78.
Also included in the Employee Handbook is an organizational chart of the City. According to the chart, the City Council holds the highest position in the City. The City Administrator answers directly to the City Council. Beneath the City Administrator, and answering to the City Administrator, are the City Safety Coordinator, City Attorney, and City Judge, who are each on the same organizational level. The Recreation Director is on the same organizational level as nine other offices, which are located below the Safety Coordinator, City Attorney, and City Judge, but nevertheless answer directly to the City Administrator. These nine other offices are: Police Chief, Administrative Services, City Treasurer, City Clerk, Public Works, Library, Animal Control, ■ Codes Enforcement, and Fire Chief.
In addition to the documents describing the City, the parties submitted affidavits addressing the job functions of the Recreation Director. While the parties give starkly different descriptions of the position, no party describes the actual duties of the Recreation Director with significant detail. Defendants do not uniquely address the responsibilities of the Recreation Director, but instead address the job functions that they contend are common to each director of the four departments enumerated in Article VII of the City Charter. According to Defendants, department directors, including the Recreation Director, “submit annual budgets[,] formulate policies[,] and set the goals[,] responsibilities and functions for their departments.” J.A. at 20. The department directors also “advise the City Council on policy and personnel matters, including employment decisions involving promotion, demotion, termination and hiring members of their department.” J.A. at 20. This includes determining “when subordinates have committed a policy infraction or [have] engaged in misconduct,” and conducting “periodic workload assessments to ensure [that] the departments are adequately staffed.” J.A. at 20. Moreover, the department directors, including the Recreation Director, “possess the authority to employ all discipline measures short of unpaid suspension and termination without the consent and approval of the City Council.” J.A. at 20-21. The department directors are “responsible for the operation of their Department,” and this involves “handling] routine administrative tasks with respect to the operation of their Department and the management of the employees situated there under [sic].” J.A. at 21. Finally, Defendants allege that the “City Council and the May- or rely upon the Heads of the Department [sic] to promote and effectuate the policy of the City Council, and said Department Heads assist and advise the City Council with respect to the formulation and implementation of said policy decisions and program development.” J.A. at 21.
Plaintiff disputes this characterization. Without providing specific details, he asserts that the position of Recreation Director does not involve policymaking. He alleges that the Mayor and the City Council establish policy and enact ordinances, and that he did not make any policy or have discretion as to how to implement the policies set by the Mayor and the City Council. Plaintiff contends that he did not advise the City Council or assist the City Council in implementing the policies of the Recreation Department. Plaintiff concedes that he would recommend employees within his department for promotions and pay raises, but he states that the ultimate decision on employment matters rests with the City Council. Lastly, Plaintiff notes that the hiring of part-time employees is done by the City Administrator and the hiring of full-time employees is done by the City Council.
In contrast to the dispute over the duties of the Recreation Director, the events leading up to this litigation are comparatively straightforward. Plaintiff was hired as the Recreation Director on August 5, 2003. At the time that Plaintiff was hired, Lucy Lobertini was the mayor of the City. Lobertini ran for reelection against Defendant Cliff Jennings in the November, 2004 election. Plaintiff supported Lobertini during his personal time away from the office. In the runup to the election, Defendant Jennings allegedly threatened to remove Plaintiff unless Plaintiff ceased supporting Lobertini. Defendant Jennings won the election. Additionally, in the same election, Defendant Hatmaker was reelected as a city councilman; Defendant Fannon’s position as city councilman was not up for reelection in the 2004 election. Prior to Plaintiffs termination, in a workshop before the City Council, Defendant Jennings allegedly stated that he was recommending that Plaintiff be terminated for political reasons. On January 4, 2005, Defendants voted to terminate Plaintiffs employment. They hired Johnny Byrge as Recreation Director, who allegedly had less experience and education than Plaintiff.
On March 10, 2005, Plaintiff filed a complaint in the Eastern District of Tennessee. Plaintiffs complaint alleged five causes of action. The first cause of action alleged that Defendants, acting in their official capacities, violated 42 U.S.C. § 1983 by depriving Plaintiff of a property interest in his position as Recreation Director without due process of law, because they terminated him on account of his political opinions. Plaintiffs second cause of action alleged that Defendants, acting in their official capacities, deprived Plaintiff of his right to equal protection under the law by terminating him on account of his political opinions, in violation of § 1983. Plaintiffs fourth cause of action alleged that Defendants, acting in their individual and official capacities, violated Plaintiffs right to freedom of speech and association by terminating him in retaliation for political activity, in violation of § 1983. Plaintiffs third and fifth causes of action alleged violations of the Tennessee constitution. Plaintiff included the City as a defendant in each cause of action.
On February 8, 2006, Defendants, acting in both their individual and official capacities, filed a motion for summary judgment. The City filed a motion for summary judgment on February 13, 2006. The district court issued an opinion and order granting the City’s and Defendants’ motions in part and denying the City’s and Defendants’ motions in part on June 14, 2006. Lane v. City of LaFollette, No. 3:05-CV-127, 2006 WL 1663693 (E.D.Tenn. June 14, 2006) (unpublished). The district court held that factual disputes existed as to whether Plaintiff was terminated on account of his political beliefs, and therefore summary judgment could not be granted in favor of the City or Defendants on the ground that Plaintiffs termination was not in retaliation for protected speech. Id. at *4. The district court also found that Defendants and the City had not sufficiently supported their position that Plaintiffs employment was of a type that could be terminated for political reasons. Id. at *5. Furthermore, the district court held that qualified immunity was inappropriate, because the Sixth Circuit had denied qualified immunity to similarly situated defendants in the past. Id. at *6 (citing Heggen v. Lee, 284 F.3d 675, 688 (6th Cir.2002); Caudill v. Hollan, 431 F.3d 900, 907-11 (6th Cir.2005)).
The district court rejected Defendants’ argument that they could not be held liable in their official capacities, holding that the minutes of City Council meetings demonstrated that Defendants had the authority to establish official policy for the City. Id. at *7. The district court also rejected Defendants’ and the City’s claim that, because Plaintiff was an at-will employee, Plaintiff could be terminated for cause or no cause. Id. at *8. Although conceding that Plaintiff was an at-will employee, the district court concluded that Plaintiff could not be terminated for exercising his First Amendment rights. Id. However, the district court granted the City’s motion for summary judgment with respect to Plaintiffs claims arising under the Tennessee constitution, holding that the Tennessee constitution did not provide a private cause of action. Id.
Defendants filed a timely notice of appeal on June 14, 2006. The basis for Defendants’ interlocutory appeal was the district court’s denial of qualified immunity. The City also gave notice of appeal, alleging that the issues associated with Plaintiffs claims against the City were inextricably intertwined with Plaintiffs claims against the individual defendants. See Tucker v. City of Richmond, 388 F.3d 216, 224 (6th Cir.2004) (“The exercise of pendent jurisdiction, while discretionary, is appropriate where the appealable and non-appealable issues are ‘inextricably intertwined.’ ” (internal quotations removed) (quoting Brennan v. Twp. of Northville, 78 F.3d 1152, 1157-58 (6th Cir.1996))).
DISCUSSION
I. Claims Against Defendants in their Individual Capacity
Defendants brought this interlocutory appeal challenging the district court’s denial of their defense of qualified immunity. The denial of a claim of qualified immunity is an appealable “final decision” for the purpose of 28 U.S.C. § 1291, which vests the courts of appeals with jurisdiction over final decisions of the district courts, but only to the extent that the claim of qualified immunity turns on an issue of law. Mitchell v. Forsyth, 472 U.S. 511, 530, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985). If the denial of qualified immunity turns on an issue of fact, this Court has no jurisdiction to resolve the claim. Johnson v. Jones, 515 U.S. 304, 313, 115 S.Ct. 2151, 132 L.Ed.2d 238 (1995). Whether a particular job is entitled to First Amendment protection from patronage dismissals and the related question of whether the law was sufficiently unclear to entitle Defendants to qualified immunity are both legal questions to which this Court’s jurisdiction extends. See Sowards v. Loudon County, Tenn., 203 F.3d 426, 435 (6th Cir.2000) (“Whether political affiliation is an appropriate consideration for a government position is a question of law.”); McCloud v. Testa, 97 F.3d 1536, 1546 (6th Cir.1996) (holding that whether “the law was sufficiently clear” was a question of law).
“Under the doctrine of qualified immunity, ‘government officials performing discretionary functions are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Heggen v. Lee, 284 F.3d 675, 686 (6th Cir.2004) (quoting Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982)). Qualified immunity involves a two-step inquiry. Saucier v. Katz, 533 U.S. 194, 201-02, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001). First, the court must ask whether, “[t]aken in the light most favorable to the party asserting the injury, do the facts alleged show the [official’s] conduct violated a constitutional right?” Id. at 201, 121 S.Ct. 2151. If the party asserting the injury was deprived of his constitutional rights, then the court must go on to ask whether that right was clearly established. “The relevant, dispos-itive inquiry in determining whether a right is clearly established is whether it would be clear to a reasonable [official] that his conduct was unlawful in the situation he confronted.” Id. at 202, 121 S.Ct. 2151.
Plaintiffs claims arise under 42 U.S.C. § 1983. In order to establish a violation of § 1983, Plaintiff must show that Defendants deprived him of his rights secured by the Constitution while acting under color of state law. See Waters v. City of Morristown, Tenn., 242 F.3d 353, 358-59 (6th Cir.2001). “Since the Supreme Court issued its opinion in Elrod v. Burns, 427 U.S. 347, 96 S.Ct. 2673, 49 L.Ed.2d 547 (1976), patronage dismissals (i.e., dismissals for failure to support a particular party or candidate) have been, in general, unconstitutional.” Caudill, 431 F.3d at 908. This rule represents the outcome of the Supreme Court’s application of the strict scrutiny required by the First Amendment to the interests promoted by the party patronage system. See McCloud, 97 F.3d at 1543. Allowing the government to deny a benefit to an individual because that individual exercised his First Amendment rights presents two principal dangers. First, the inevitable tendency of a system of party patronage is to coerce employees into compromising their true political beliefs. Branti v. Finkel, 445 U.S. 507, 513-14, 100 S.Ct. 1287, 63 L.Ed.2d 574 (1980). The second danger, which is related to the first, is that the denial of a government benefit on account of a person’s political beliefs is in effect a penalty for holding those beliefs; permitting the state to impose such a penalty would constitute an “unconstitutional condition” that would allow the state to indirectly interfere with an employee’s constitutional rights in a manner that it could not accomplish directly. Id. at 514, 100 S.Ct. 1287; see also Perry v. Sindermann, 408 U.S. 593, 597, 92 S.Ct. 2694, 33 L.Ed.2d 570 (1972) (“[E]ven though a person has no ‘right’ to a valuable governmental benefit and even though the government may deny him the benefit for any number of reasons, there are some reasons upon which the government may not rely.”).
Despite the costs of patronage dismissals, the Court in Elrod recognized that “party affiliation may be an acceptable requirement for some types of government employment.” Branti 445 U.S. at 517, 100 S.Ct. 1287. While these positions have been referred to as “policymaking” or “confidential,” whether those labels appropriately fit the position under consideration is not the ultimate inquiry. Id. at 518, 100 S.Ct. 1287. Instead, the test is “whether the hiring authority can demonstrate that party affiliation is an appropriate requirement for the effective performance of the public office involved.” Id. In answering this question, the Court looks not to the position as it was performed by the terminated employee, but instead to the inherent duties of the position, and to the duties that the new holder of that position is expected to perform. Faughender v. City of N. Olmsted, 927 F.2d 909, 913 (6th Cir.1991).
The first step in analyzing a claim of patronage dismissal requires asking whether the party asserting that he was wrongfully terminated has produced sufficient evidence for a jury to find that he was discharged because of his political beliefs or affiliations. Caudill, 431 F.3d at 909. If the terminated party makes this showing, then the burden shifts to the employer to demonstrate that the terminated party’s job was one for which political affiliation was an appropriate requirement. Id.
Defendants first argue that, as the Recreation Director, Plaintiff served “at the pleasure of the City Council” and could be dismissed for “good cause, bad cause, or no cause at all.” Defendants’ Br. at 32 (quoting Shelby v. Delta Air Lines, Inc., 842 F.Supp. 999, 1006 (M.D.Tenn.1993), aff'd, 19 F.3d 1434 (6th Cir.1994)). This contention can be dismissed out of hand. The Supreme Court squarely rejected this argument in O’Hare Truck Service v. City of Northlake: “The Court has rejected for decades now the proposition that a public employee has no right to a government job and so cannot complain that termination violates First Amendment rights.... A State may not condition public employment on an employee’s exercise of his or her First Amendment rights.” 518 U.S. 712, 716, 116 S.Ct. 2353, 135 L.Ed.2d 874 (1996); see also id. at 725-26, 116 S.Ct. 2353 (“Government officials may indeed terminate at-will relationships ... without cause; but it does not follow that this discretion can be exercised to impose conditions on expressing, or not expressing, specific political views.”). If Plaintiff can demonstrate that he was terminated on account of his political beliefs, then the fact that he was an at-will employee who could have been terminated for other permissible reasons is irrelevant to the ultimate question of Defendants’ liability.
Plaintiff has produced sufficient facts to raise a genuine issue of fact as to whether his termination was politically motivated. Plaintiff alleges that Defendant Jennings threatened him in an attempt to convince Plaintiff to cease supporting Lobertini in the mayoral election. Plaintiff also contends that Defendant Jennings stated in a workshop before the City Council that his recommendation to terminate Plaintiff was political. The temporal proximity between Defendant Jennings’ assumption of power and Plaintiffs termination also bolsters Plaintiffs allegations. Defendant Jennings became the mayor on December 1, 2004, and Plaintiff was terminated on January 4, 2005. Plaintiff has created a genuine issue of fact as to Defendants’ motives for terminating him; it is therefore immaterial that Plaintiff was an at-will employee.
For the first time at oral argument, Defendants Fannon and Hatmaker argued that, even if the record contained evidence that Defendant Jennings terminated Plaintiff for political reasons, summary judgment should be granted in favor of Defendants Fannon and Hatmaker because Plaintiff has not produced evidence that their decision to terminate Plaintiff arose from a motive to retaliate against him for his political activity. As an initial matter, we note that Defendants Fannon and Hat-maker have waived this argument by not including it in their brief. See Dillery v. City of Sandusky, 398 F.3d 562, 569 (6th Cir.2005).
In any event, Plaintiff has produced sufficient evidence to survive summary judgment. Plaintiffs allegation that Defendant Jennings “stated in a workshop before the city council that the recommendation to terminate [Plaintiff] was political” implies that Defendants Fannon and Hatmaker, whose votes were necessary in order to terminate Plaintiff, were aware of Defendant Jennings’ opinion that Plaintiff should be terminated for his political beliefs. J.A. at 46. Plaintiff also alleges that Defendants Fannon and Hatmaker “voted to terminate [Plaintiff] from [his] position as [Recreation Director] due to [Plaintiffs] political beliefs and association.” J.A. at 46. Moreover, Defendant Hatmaker states that “[i]t has been the custom, practice and policy of the City Council of La-Follette to replace and/or renew all Department Heads after each City election;” J.A. at 24, Defendant Fannon contends that “[w]hen the new administration began ... new Department Heads or ‘cabinet level’ individuals were selected who would best serve the City Council in promoting, coordinating, [and] assisting to formulate and implement the policies for the City government.” J.A. at 29. While certainly not conclusive, these statements each suggest that political considerations were the impetus for Plaintiffs termination, a fact which, if true, strengthens Plaintiffs claim that he'was terminated on account of his political beliefs. These facts suffice to allow a reasonable jury to find that Defendants Hatmaker and Fannon voted to terminate Plaintiff in retaliation for protected First Amendment conduct.
The closer question in this appeal is whether Defendants have carried them burden of demonstrating that Recreation Director is a position for which political party affiliation is an appropriate consideration. See Branti, 445 U.S. at 518, 100 S.Ct. 1287. We conclude that, on the record before us, factual disputes prevent us from resolving this question as a matter of law. The nub of the problem is that the record discloses neither the inherent duties of the Recreation Director, nor the duties of the position as envisioned by Defendants. See Faughender, 927 F.2d at 913.
In his affidavit, Plaintiff baldly asserts that his position “was not a policy making position;” he claims that he did not “make any policy or have discretion implementing the policies set by the mayor and city council,” “advise the council on policies,” or “assist the city council in formulating or have discretion in implementing the policies for the recreation department.” J.A. at 46. Standing alone, Plaintiffs eoncluso-ry allegations, which provide no guidance as to what the Recreation Director actually does, might not carry significant weight. But Plaintiffs allegations do not stand alone; his position is reinforced by the City Charter and the Employee Handbook.
Under the doctrine announced in Rice v. Ohio Department of Transportation, “the legislature’s decision as to whether a particular job should be classified as political or nonpolitical is at least entitled ... to ‘some deference.’ ” 14 F.3d 1133, 1143 (6th Cir.1994) (quoting Jimenez Fuentes v. Torres Gaztambide, 807 F.2d 236, 246 (1st Cir.1986) (en banc)). Here, the State of Tennessee has arguably spoken to whether party affiliation is an appropriate requirement for the effective performance of the job of Recreation Director. The City Charter, which is the law of Tennessee, states that “[a]ll officers [which includes the Recreation Director] shall be elected with due regard to their qualifications and fitness and for the good of the public service, and without reference to ... political party affiliation.” J.A. at 68. Thus, the plain language of the City Charter, which the City Council is powerless to change, strongly suggests that Tennessee’s position is that party affiliation is not a valid factor to consider in deciding whether the Recreation Director should be terminated.
The Employee Handbook also provides Plaintiff with some support for his contention that Recreation Director is not a position whose holder may be discharged on account of his political affiliations. While descriptions contained within an employee handbook typically will not definitively enumerate a particular position’s responsibilities, the contents of the employee handbook are relevant to that inquiry. See Gonzalez v. Benavides, 712 F.2d 142, 149 (5th Cir.1983) (relying on information contained within an employee handbook); cf. Latham v. Office of Attorney Gen., 395 F.3d 261, 268 (6th Cir.2005) (analyzing the plaintiffs job description as a component of the Branti inquiry). In this case, the Employee Handbook locates policymaking authority with the Mayor, the City Council, and the City Administrator. This fact alone undoubtedly does not resolve the question of whether the Recreation Director is a policymaker for purposes of Branti and the cases interpreting it. Policymaking authority can be delegated from positions explicitly vested with that authority to subordinates, placing the subordinates within the exception to Branti’s rule forbidding patronage dismissals. See McCloud, 97 F.3d at 1557; Bicanic v. McDermott, 867 F.2d 391, 394 (7th Cir.1989) (upholding dismissal of parks and recreation coordinator notwithstanding the fact that the city had the last formal word on policymaking subjects). Yet notwithstanding the prospect that the City Council or City Administrator delegated functional policymaking authority to the Recreation Director, the fact that the Employee Handbook locates all policy-making authority outside of the Recreation Director’s office supports Plaintiffs claim that his former position did not involve policymaking of the type that would make its holder terminable on account of his political beliefs.
The Employee Handbook also bolsters Plaintiffs claim by explicitly stating that “[n]o person in the service of the City of LaFollette ... shall be ... removed ... because of political opinions or affiliations.” J.A. at 78. Thus, according to the City’s own materials, political affiliation is not permissible to consider when deciding whether to terminate the Recreation Director. True, Defendants may be capable of redefining the position of Recreation Direction, provided that Defendants act “with a good faith belief that such a transformation is necessary to implement [their] policies.” Baker v. Hadley, 167 F.3d 1014, 1020 (6th Cir.1999) (quoting Faughender, 927 F.2d at 914). The record, however, contains no evidence that Defendants have redefined the position of Recreation Director.
Defendants argue that Plaintiff (1) “managed his own department of the City,” (2) “made the departmental budget,” (3) “independently made significant employment decisions with respect to schedule, staff and discipline,” (4) worked with the City Council “in a close and confidential manner to formulate and implement policies for his department,” (5) “controlled the communications between his department and the City Council,” (6) “controlled communication between his department and the public,” and (7) “acted as the ‘alter ego’ of the [City] and the City Council with respect to the day to day management of the recreation department.” Defendants’ Br. at 24.
We need not decide whether, if true, these allegations would make the Recreation Director removable for his political beliefs. We simply hold that, on this record, Defendants have not carried their burden of demonstrating that political affiliation is an appropriate requirement for the Recreation Director, because the duties of the Recreation Director remain too ill-defined for us to adjudicate the issue as a matter of law. See McCloud, 97 F.3d at 1558 (“[I]n the situation where the inherent duties of the plaintiffs’ positions are not apparent and the facts are not yet fully developed, it is not possible for us to decide, when reviewing in an interlocutory posture the denial of a motion for summary judgment, whether a defendant should be. granted qualified immunity with respect to those positions.”). Defendants’ affidavits do not specifically speak to the position of Recreation Director, but instead refer in blanket terms to the functions of the heads of all four departments of the City. Moreover, Defendants’ allegations do not address the actual job functions of the Recreation Director in the specific and detailed manner that is necessary for us to decide the legal issue presented in this case. This record does not allow us to determine whether the Recreation Director “performs solely ministerial tasks with no policymaking functions,” Hager v. Pike County Bd. of Educ., 286 F.3d 366, 373 (6th Cir.2002), or whether the “nature of the job” of Recreation Director “is inherently political,” Hoard v. Sizemore, 198 F.3d 205, 214 (6th Cir.1999). Because the dispute in this case stems from “obscurities in the facts, not the law,” we must affirm the district court’s denial of summary judgment in favor of Defendants at this stage in the litigation. McCloud, 97 F.3d at 1558.
II. Claims Against the City and Defendants in their Official Capacity
Plaintiffs claims against Defendants in their official capacity are, in effect, claims against the City. Pusey v. City of Youngstown, 11 F.3d 652, 658 (6th Cir.1993) (“[A]n official-capacity suit is, in all respects other than name, to be treated as a suit against the entity.”) (quoting Kentucky v. Graham, 473 U.S. 159, 166, 105 S.Ct. 3099, 87 L.Ed.2d 114 (1985)); see Monell v. Dep’t of Social Servs., 436 U.S. 658, 690 n. 55, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). The City is not eligible for qualified immunity, and the denial of summary judgment with respect to Plaintiffs official capacity claims is not an independently appealable “final decision” under 28 U.S.C. § 1291. See Swint v. Chambers County Comm’n, 514 U.S. 35, 43, 115 S.Ct. 1203, 131 L.Ed.2d 60 (1995). Therefore, our first question is whether this Court has subject matter jurisdiction to hear the City’s appeal.
Although not appealable as a “final decision” under 28 U.S.C. § 1291, an appellate court can exercise pendent appellate jurisdiction on a § 1983 claim alleging municipal liability where the municipality’s motion for summary judgment is “inextricably intertwined” with the qualified immunity analysis properly before the Court. Crockett v. Cumberland Coll., 316 F.3d 571, 578 (6th Cir.2003). “[A] pendent appellate claim can be regarded as inextricably intertwined with a properly reviewable claim on collateral appeal only if the pendent claim is coterminous with, or subsumed in, the claim before the court on interlocutory appeal- — that is, when the appellate resolution of the collateral appeal necessarily resolves the pendent claim as well.” Mattox v. City of Forest Park, 183 F.3d 515, 524 (6th Cir.1999) (quoting Moore v. City of Wynnewood, 57 F.3d 924, 930 (10th Cir.1995)). In the § 1983 context, this condition is typically satisfied when the question of whether a constitutional violation occurred resolves the case against the defendants in their individual capacities and the case against the municipality’s officers in their official capacities. See, e.g., id. at 523 (“If the plaintiffs have failed to state a claim for violation of a constitutional right at all, then the City of Forest Park cannot be held liable for violating that right any more than the individual defendants can. The inquiry is precisely the same in both cases.”); Moore, 57 F.3d at 930. But the Court lacks appellate jurisdiction to resolve issues affecting the municipality when the resolution of the qualified immunity inquiry does not conclusively determine the municipality’s liability. Crockett, 316 F.3d at 579.
We lack jurisdiction to resolve the claims against Defendants in their official capacity. Defendants’ arguments concerning municipal liability do not turn on whether the Court finds a constitutional violation. Instead, Defendants contest the district court’s conclusion that their decisions “may fairly be said to represent official policy.” See Monell, 436 U.S. at 694, 98 S.Ct. 2018. This issue is not inextricably intertwined with the district court’s denial of qualified immunity. Our conclusion with respect to qualified immunity does not in any way affect the analysis of whether Defendants’ actions constituted the official policy of the City. See Crockett, 316 F.3d at 579; Moore, 57 F.3d at 930. We therefore lack jurisdiction to resolve this issue.
CONCLUSION
For the foregoing reasons, we AFFIRM the district court’s decision denying Defendants qualified immunity, and DISMISS Defendants’ appeal of their official-capacity claims for lack of jurisdiction.
. The policy statement elaborates:
No provisions of these policies or any policies adopted by the City of LaFollette shall be construed as an employment agreement or legal contract. Employment with the City of LaFollette is at will (i.e. it may be terminated at any time, with or without cause, either by the employee or by the City of LaFollette). The City of LaFollette, however, will not terminate any employee for reasons that violate State or Federal Law.
J.A. at 34.
. The foregoing allegations are drawn from the affidavit of Defendant Jennings. Defendants Fannon and Hatmaker also submitted affidavits which contain similar descriptions of the duties of the Recreation Director.
. Defendants also cannot prevail at this stage of the litigation by relying upon the deference afforded to reasonable decisions under the doctrine of qualified immunity. See Saucier, 533 U.S. at 202, 121 S.Ct. 2151. After the facts concerning the duties of the Recreation Director are developed, Defendants will of course be entitled to qualified immunity if the illegality of their alleged decision to terminate Plaintiff for his political beliefs was unclear under the law as it existed at the time Defendants terminated Plaintiff. Id. We cannot, however, determine whether the law clearly established the illegality of Plaintiff’s termination without further factual' development. Stated alternatively, the undisputed facts presently before the Court do not allow us to grant qualified immunity to Defendants as a matter of law.
. To reiterate, the four departments outlined by the City Charter are finance, public safety, public works, and recreation. Without supporting facts in the record, we are not convinced of the dubious proposition that the Branti analysis of these four positions can be conducted en masse, as would be possible if we based our decision on Defendants' description of the responsibilities of all the department heads. That is, the nature of the responsibilities of the different department directors might lead to different results under Branti, as interpreted by our precedents. The specific responsibilities of the Recreation Director are indispensable to the Branti analysis.
. Although neither party raised the issue in their brief, we have an independent obligation to determine subject matter jurisdiction. Todd v. Weltman, Weinberg & Reis Co., 434 F.3d 432, 435 (6th Cir.2006) (citing Olden v. LaFarge Corp., 383 F.3d 495, 498 (6th Cir.2004)).
. Defendants also argue that Plaintiff’s official capacity claim must fail because, under § 1983, respondeat superior liability is not appropriate. See Monell, 436 U.S. at 691, 98 S.Ct. 2018. Defendants’ proposition of law is correct; however, their argument ignores the fact that Plaintiff’s official capacity claim may state a claim against the City, which is a proper basis of § 1983 liability. Id. at 694, 98 S.Ct. 2018; Pusey, 11 F.3d at 658.
| CASELAW |
SOUTHERN UTAH WILDERNESS ALLIANCE and the Sierra Club, Plaintiffs, v. BUREAU OF LAND MANAGEMENT; San Juan County, Utah, Ty Lewis, San Juan County Commissioner; Kane County, Utah; Garfield County, Utah Defendants.
No. 2:96-CV-836C.
United States District Court, D. Utah, Central Division.
June 25, 2001.
Robert B. Wiygul, Earthjustice Legal Defense Fund, Denver, CO, Heidi J. McIntosh, Southern Utah Wilderness Alliance, Salt Lake City, UT, Jerome L. Epstein, Elena Nicole Broder, Elizabeth Appel Blue, Jenner & Block, Washington, DC, for Southern Utah Wilderness Alliance.
Jill N. Parrish, Bill Ryan, Stephen J. Sorenson, Daniel D. Price, Jeannette F. Swent, U.S. Atty’s Office, Washington, DC, for U.S., Bureau of Land Management, U.S. Dept, of Interior.
Stephen G. Boyden, Utah Atty General’s 'Office, Salt Lake City, UT, for State of Utah, Utah School and Institutional Trust Lands Admin.
Allen K. Young, Young, Kester & Petro, Springville, UT for Robert G. Reeves, James W. Reeves, Ross E. Brannian.
Ronald W. Thompson, Stephen H. Urquhart, Thompson Awerkamp & Urquhart LC, St. George, UT, Craig C. Halls, San Juan County Atty,
Ronald W. Thompson, Stephen H. Urquhart, Elizabeth B. Grimshaw, Thompson Awerkamp & Urquhart LC, St. George, UT, Craig C. Halls, San Juan County Atty, Monticello, UT, for San Juan County.
Eric D. Petersen, Washington County Atty’s Office, St. George, UT, Colin R. Winchester, Kane County Atty, Kanab, UT, for Norman Carroll, Joe Judd, Stephen Crosby.
Wallace A. Lee, Garfield County Atty., Panguitch, UT, Ronald W. Thompson, Stephen H. Urquhart, Barbara G. Hjelle, Thompson Awerkamp & Urquhart LC, St. George, UT, for Louise Liston, D. Maloy Dodds, Clare M. Ramsay, Garfield County.
ORDER
CAMPBELL, District Judge.
This matter is before the court on Plaintiffs Southern Utah Wilderness Alliance and The Sierra Club’s (hereinafter “Plaintiffs”) motion for summary judgment. Plaintiffs seek declaratory and injunctive relief barring further road construction by Defendants San Juan County, Kane County, and Garfield County (hereinafter “the Counties”) across federal Bureau of Land Management (hereinafter “BLM”) land in southern Utah. The Counties contend that they have previously perfected rights-of-way in those areas and are thus legally entitled to build the roads. The facts are set forth in the parties’ pleadings and will not be repeated except as necessary to explain the court’s decision. For the reasons set forth below, the court GRANTS Plaintiffs’ motion for summary judgment.
1. R.S. 24,77
The Counties assert that they have perfected rights-of-way across the disputed areas in accordance with Revised Statute 2477 (“R.S.2477”). R.S. 2477, initially passed as part of the Mining Act of July 26, 1866, reads: “And be it further enacted, that the right of way for the construction of highways over public lands, not reserved for public uses, is hereby granted.” 43 U.S.C. § 932 (repealed); R.S. 2477. “According to regulations written by the Department of the Interior and, after 1946, the Bureau of Land Management, a[n R.S. 2477] right-of-way could be obtained without application to, or approval by, the federal government.” Sierra Club v. Hodel, 848 F.2d 1068, 1078 (10th Cir.1988), overruled on other grounds, Village of Los Ranchos De Albuquerque v. Marsh, 956 F.2d 970, 973 (10th Cir.1992). R.S. 2477 roads are “major components of the transportation systems in most western states.” Hodel, 848 F.2d at 1078.
In 1976, Congress passed the Federal Land Policy Management Act (“FLPMA”). See 43 U.S.C. § 1763. FLPMA departs from the earlier policy of giving away federal lands in favor of a policy of sound management of federal lands. Since the passage of FLPMA, a right-of-way on federal land must be granted by the BLM, which must base its decision on considerations of “national and State land use policies, environmental quality, economic efficiency, national security, safety and good engineering and technological practices.” 43 U.S.C. § 1763. Accordingly, FLPMA “repeals R.S. 2477 and its open-ended grant of rights-of-way over public lands while explicitly protecting R.S. 2477 rights-of-way in existence on the date of the FLPMA’s passage.” Hodel, 848 F.2d at 1078 (10th Cir.1988). R.S. 2477 rights-of-way which were perfected prior to 1976, therefore, are valid even after the repeal of R.S. 2477.
II. Administrative Background
On May 11, 1998, the court ruled that the Counties’ maintenance and use of legitimate R.S. 2477 rights-of-way would not constitute trespass onto federal lands. See SUWA v. BLM, No. 96-836, slip op. at 2-3 (D.Utah May 11, 1998) (Sam, J.). The court then stayed this case pending an administrative determination by the BLM as to the validity and scope of the claimed R.S. 2477 rights-of-way. (See id. at 3.)
The BLM proceeded to conduct an informal administrative adjudication. This informal adjudication began with a public notification process. The BLM then considered several forms of evidence, including information submitted by the parties and the public, interviews, field inspections, maps, federal and local public land records, wilderness inventory records, BLM records, and aerial photographs. (See BLM R.S. 2477 Administrative Determination(s) for Garfield, San Juan, and Kane Counties (hereinafter “Admin. Determination”) at Table of Contents, “Evidence Related to Construction and Highway”.) Before reaching a decision, the BLM published notice of its draft determinations and accepted additional public comment. The BLM process did not, however, include a hearing featuring live testimony or cross-examination. On July 9, 1999, the BLM found that, with one exception (the Skutumpah Road in Kane County), the rights-of-way claimed by the Counties are not valid R.S. 2477 rights-of-way.
III. Review of informal agency action
A. Standard of review
When an interested person objects to agency action made during an informal adjudication (one not conducted on the record after the opportunity for an agency hearing), the agency action is typically reviewed under an “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law” standard. Friends of the Bow v. Thompson, 124 F.3d 1210, 1215 (10th Cir.1997), quoting 5 U.S.C. § 706(2)(A). In determining whether the agency acted in an “arbitrary and capricious” manner, a reviewing court “must ensure that the agency ‘decision was based on a consideration of the relevant factors’ and examine ‘whether there has been a clear error of judgment.’ ” Friends of the Bow, 124 F.3d at 1215, quoting Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402, 416, 91 S.Ct. 814, 28 L.Ed.2d 136 (1971). Generally, an agency decision will be considered arbitrary and capricious if
the agency had relied on factors which Congress had not intended it to consider, entirely failed to consider an important aspect of the problem, offered an explanation for its decision that runs counter to the evidence before the agency, or is so implausible that it could not be ascribed to a difference in view or the product of agency expertise.
Motor Vehicle Mfrs. Ass’n v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29, 43, 103 S.Ct. 2856, 77 L.Ed.2d 443 (1983), quoted in Friends of the Bow, 124 F.3d at 1215; accord Colorado Envtl. Coalition v. Dombeck, 185 F.3d 1162, 1167 (10th Cir.1999).
In addition to requiring a reasoned basis for the agency’s decision, “arbitrary and capricious” review requires that agency action be supported by facts found in the administrative record as a whole. See Arkansas v. Oklahoma, 503 U.S. 91, 108, 112 S.Ct. 1046, 117 L.Ed.2d 239 (1992), cited in Koch v. United States Dept. of the Interior, 47 F.3d 1015, 1018 (1995); Olenhouse v. Commodity Credit Corp., 42 F.3d 1560, 1575 (10th Cir.1994). The Tenth Circuit has interpreted this as requiring that an agency action be supported by “substantial evidence.” Id. “Evidence is substantial in the APA sense if it is ‘enough to justify, if the trial were to a jury, a refusal to direct a verdict when the conclusion to be drawn is one of fact.’ ” Id., quoting Illinois Central R.R. v. Norfolk & W. Ry., 385 U.S. 57, 66, 87 S.Ct. 255, 17 L.Ed.2d 162 (1966). “ ‘Substantial evidence’ is more than a mere scintilla; it must be such relevant evidence that a reasonable mind might accept as adequate to support a conclusion.” Olenhouse, 42 F.3d at 1581. “Evidence is not substantial if it is overwhelmed by other evidence ... or if it constitutes mere conclusion.” Id. (citations omitted). This “substantial evidence” standard does not replace the “arbitrary and capricious” standard, but merely describes the type of factual support for an agency decision required under “arbitrary and capricious” review. See id., 42 F.3d at 1575.
B. Review of agency’s statutory interpretation
In making its determination, the BLM relied on the Department of the Interior’s (“DOI”) statutory construction of R.S. 2477. The Counties dispute the BLM’s interpretation and claim that the BLM erred in its statutory construction. The court must therefore review both the factual and the legal determinations of the BLM.
When the question before the court involves an agency’s interpretation of a statute it administers, the court typically utilizes the two-step approach announced in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984), which requires that, where the statute is silent or ambiguous with regards to the interpretation of disputed terms, the court should give deference to reasonable agency interpretations of the statute. See id. at 842-43, 104 S.Ct. 2778. Here, however, the DOI Secretary’s statutory interpretation of R.S. 2477 appears in informal policy statements and opinion letters, rather than a formal rule or regulation. (See Letter from DOI Deputy Solicitor Frederick Ferguson to Assistant Attorney General James Moorman of April 28, 1980 (hereinafter “Ferguson Letter”), attached as Ex. 4 to Pis.’ Mem. in Supp. of Mot. for Summ. J.) These types of interpretations, which are not subject to rigorous public notice and comment procedures, “do not warrant Chevron-style deference.” Christensen v. Harris County, 529 U.S. 576, 586, 120 S.Ct. 1655, 146 L.Ed.2d 621 (2000) (holding that Chevron deference does not apply to statutory interpretation issued in agency opinion letter). “Instead, interpretations contained in [informal formats] are ‘entitled to respect’[,] ... but only to the extent that those interpretations have the ‘power to persuade.’ ” Id., quoting Skidmore v. Swift & Co., 323 U.S. 134, 140, 65 S.Ct. 161, 89 L.Ed. 124 (1944); accord Reno v. Koray, 515 U.S. 50, 61, 115 S.Ct. 2021, 132 L.Ed.2d 46 (1995) (informal statutory interpretation by agency entitled to “some deference” so long as it is a permissible construction of the statute). “[T]he weight to be afforded non-binding agency interpretations ‘will depend upon the thoroughness evident in its consideration, the validity of its reasoning, its consistency with earlier and later pronouncements, and all those factors which give it power to persuade, if lacking power to control.’” United States v. 162 Megamania Gambling Devices, 231 F.3d 713, 719 (10th Cir.2000), quoting Skidmore, 323 U.S. at 140, 65 S.Ct. 161.
Accordingly, when reviewing the agency’s factual determinations the court must ensure that the agency’s determinations were not arbitrary and capricious. But when considering the legal interpretations of the agency, the court will give some deference to the agency interpretation of the statute.
C. Procedural posture
“Reviews of agency action in the district courts must be processed as appeals.” Olenhouse, 42 F.3d at 1580 (emphasis in original). Although SUWA’s motion is styled as a motion for summary judgment, the court will apply the rules and standards applicable to appeals of informal agency action rather than those applicable to motions for summary judgment. See id. “Under Olenhouse, the procedures employed by the district court are determinative — not the parties’ characterization of their motions.” Southern Utah Wilderness Alliance v. Dabney, 7 F.Supp.2d 1205, 1206 (D.Utah 1998), rev’d on other grounds, 222 F.3d 819 (10th Cir.2000). A district court may review agency action on a motion styled by the parties as a motion for summary judgment, so long as the court properly applies review procedures. See Southern Utah Wilderness Alliance v. Dabney, 222 F.3d 819, 824 (10th Cir.2000); accord Girling Health Care, Inc. v. Shalala, 85 F.3d 211, 215 (5th Cir.1996); Alexander v. Merit Sys. Protection Bd., 165 F.3d 474, 480 (6th Cir.1999).
The Counties insist that they are entitled to a trial de novo before the court, and that the BLM record is to be treated as nothing more than discovery evidence. In Olenhouse v. Commodity Credit Corp., 42 F.3d 1560 (10th Cir.1994), however, the Tenth Circuit made clear that this is not how review of agency action under the APA works. When reviewing informal agency adjudication under the APA, the court should avoid relying on evidence outside of the administrative record. See id. at 1575; SUWA v. Dabney, 7 F.Supp.2d at 1206 n. 1. The court’s review must be framed by the record that was before the administrative agency, not by evidence or arguments adduced by the litigants after the fact. See Olenhouse, 42 F.3d at 1575; SUWA v. Dabney, 7 F.Supp.2d at 1206 n. 1; see generally David Sive, “The Problem of the ‘Record’ in Judicial Review of Environmental Administrative Action,” SD88 ALI-ABA 81 (1999). As the Seventh Circuit Court of Appeals explained,
[i]n such a suit the district court is a reviewing court, like this court; it does not take evidence.... Not often, anyway. An evidentiary hearing in district court may be necessary to reconstruct the- agency’s action or the grounds thereof, if the action and its grounds were not set forth in a written decision ..., though an even better response might be to stay the judicial review proceeding until the agency completed the record.... But here the agency embodied its decision and reasons in a substantial document. An evidentiary hearing in the district court might appear necessary if the agency had refused to allow the introduction of probative evidence. But the appearance is misleading. The proper judicial remedy in such a case is to order the agency to hold a proper hearing — not for the court to conduct the hearing itself.... In short, only in an emergency should a- reviewing court, whether a district court or any other federal court, conduct its own evidentia-ry hearing.
Cronin v. United States Dept. of Agriculture, 919 F.2d 439, 443-44 (7th Cir.1990) (citations omitted).
IV. Burden of proof
“[T]he established rule [is] that land grants are construed favorably to the Government, that nothing passes except what is conveyed in clear language, and that if there are doubts they are resolved for the Government, not against it.” See Watt v. Western Nuclear, Inc., 462 U.S. 36, 59, 103 S.Ct. 2218, 76 L.Ed.2d 400 (1983), quoting United States v. Union Pacific R.R. Co., 353 U.S. 112, 116, 77 S.Ct. 685, 1 L.Ed.2d 693 (1957). This principle applies to the determination of R.S. 2477 rights-of-way. See United States v. Garfield County, 122 F.Supp.2d 1201, 1225 (D.Utah 2000); Fitzgerald v. United States, 932 F.Supp. 1195, 1201 (D.Ariz.1996) (doubt as to whether land was reserved for public use resolved in favor of government); see also Adams v. United States, 3 F.3d 1254, 1257 (9th Cir.1993) (doubt as to the scope of R.S. 2477 right-of-way resolved in favor of government); Humboldt County v. United States, 684 F.2d 1276, 1280 (9th Cir.1982)(same). The Counties, as the parties seeking to enforce rights-of-way against the federal government, therefore bear the burden of proving that their claimed rights-of-way are valid under R.S. 2477.
V. Substantial Evidence
In order to be upheld by a federal district court, an administrative agency determination must be supported by “substantial evidence” found in the administrative record as a whole. See Olenhouse, 42 F.3d at 1575. The administrative record in this case comprises several boxes of documents and evidence. The BLM’s determination based on this record is laid out in three separate reports, one for the rights-of-way claimed by Garfield County, one for those claimed by San Juan County, and one for those claimed by Kane County. (See Admin. Determinations). Each report begins with a background section describing the process used for the agency’s factfinding and the statutory construction of R.S. 2477 applied by the BLM. (See, e.g., Admin. Determination for Garfield County at 1-4.) Each report then describes generally the types of evidence consulted by the BLM in reaching its determination. In each case, the BLM considered comment and evidence submitted by the public, comment and evidence submitted by the parties, field inspections, U.S. public land records, county construction and maintenance records, maps, aerial photography, public land survey system records, wilderness inventory records, BLM range and grazing files, BLM planning documents, and records from other federal agencies in making its determinations. (See, e.g., id. at 5-9.) The reports then consider each claimed right-of-way individually, discussing the evidence gathered with regard to that claim, the agency’s evaluation of each form of evidence, and the agency’s determination regarding the validity of the claimed .right-of-way considering all the evidence presented.
For example, in evaluating the validity of Garfield County’s claim to the “Devil’s Garden” right-of-way, the BLM noted that: (1) the site inspection revealed some indications of past use; (2) the claim did not appear on any map prepared by either BLM or the United States Geological Survey between 1886 and 1993; (3) the claim did not appear in aerial photographs taken between 1958 and 1993; (4) there are no relevant public land survey system records for the claim; (5) the claim was not identified in wilderness inventory records despite the fact that the area had been designated for wilderness study; (6) BLM range and grazing files offer no evidence proving mechanical construction of the claimed right-of-way; (7) BLM maintenance records do not indicate when the claimed right-of-way was constructed; (8) BLM planning documents from 1981 describe some roads but does not mention the Devil’s Garden claim; (9) project records from the Federal Highway Administration, the Central Federal Lands Highway Division, and the Bureau of Public Roads do not mention the claim; and (10) letters from and interviews of members of the public indicated use only after the passage of FLPMA and that the claim did not lead anywhere in particular. (See id. at 33-37.) Based on this evidence, the BLM concluded that Garfield County had failed to establish that the Devil’s Garden claim was constructed at a time when the federal lands were open for public use, and that the claim was therefore invalid under R.S. 2477. (See id. at 38.)
Having reviewed the administrative record with regard to each of the claimed rights-of-way in this case, the court concludes that the BLM’s determinations were supported by substantial evidence. The amount and nature of the evidence presented in support of each of the BLM’s determinations is certainly more than a mere scintilla, is sufficient to support the agency’s conclusions, and is not outweighed by contrary evidence.
The Counties’ only specific complaint about the BLM’s factual findings concerns the BLM’s treatment of public comments. In support of their claim that the rights-of-way in question were established before R.S. 2477 was repealed by FLPMA in 1976, the Counties provided BLM with a list of people who the Counties believed had direct knowledge of the origins of the rights-of-way. (See, e.g., Garfield County Mailing List, attached as Ex. L to Admin. Determination for Garfield County.) According to the Counties, BLM did not do an adequate job of contacting these persons and ignored the comments of the people it did contact. The administrative record, however, suggests otherwise. The record reflects that BLM mailed a letter to every one of the persons listed by the Counties for whom a mailing address was either provided or discoverable by BLM. (See, e.g., Letter from BLM of Sept. 17, 1998, attached as Ex. L to Admin. Determination for Garfield County.) That not every one of the persons contacted chose to respond can hardly be said to be the fault of BLM, and BLM is not required to compel testimony from disinterested persons as part of an informal adjudication. Some of the people contacted did respond to the BLM inquiry by sending in a letter explaining what they knew about the right-of-way in question. (See, e.g., Statement of Sam Spencer, attached as Ex. L to Admin. Determination for Garfield County.) The BLM’s final administrative report discusses each of the letters received. (See, e.g., Admin. Determination for Garfield County at 37 (discussing comment from Sam Spencer)). In each case, the BLM concluded either that the comments did not indicate that actual physical “construction” had been performed to perfect the right-of-way, did not indicate that the right-of-way had been perfected before the repeal of R.S. 2477 in 1976, were contradicted by other comments, or were outweighed by other evidence. (See, e.g., id. at 37-38.) The court finds, based on review of the record before the administrative agency, that the BLM adequately considered the information provided by the Counties.
The court concludes that the BLM’s administrative determinations regarding the rights-of-way claimed by the Counties in this case were not made in an arbitrary or capricious manner and are supported by substantial evidence in the administrative record. Accordingly, the court upholds the factual determinations made by the BLM with regard to the validity of the Counties’ claimed rights-of-way under R.S. 2477.
VI. Statutory interpretation
As noted above, R.S. 2477 states: “And be it further enacted, that the right of way for the construction of highways over public lands, not reserved for public uses, is hereby granted.” R.S. 2477. In making its determination that many of the rights-of-way claimed by the Counties are not valid R.S. 2477 rights-of-way, the BLM relied on the DOI’s interpretation of the meaning of the words of the statute. The Counties claim that BLM erred with regard to its interpretation of three statutory terms: “construction,” “highway,” and “not reserved for public uses.”
A. “Construction”
In its administrative determinations in this case, the BLM interpreted the term “construction” in R.S. 2477 to require some form of purposeful, physical building or improving.
Some fopn of mechanical construction must have occurred to construct or improve the highway. A highway right-of-way cannot be established by haphazard, unintentional, or incomplete actions. For example, the mere passage of vehicles across the land, in the absence of any other evidence, is not sufficient to meet the construction criteria of R.S. 2477 and to establish that a highway right-of-way was granted.
Evidence of actual construction may include such things as road construction or maintenance records, aerial photography depicting characteristics of physical construction, physical evidence of construction, testimony or affidavits affirming that construction occurred, official United States Government maps with legends showing types of road, as well as other kinds of information.
(Admin. Determination for San Juan County at 5; Admin. Determination for Garfield County at 4-5; Admin. Determination for Kane County at 5.) The Counties assert that this is an incorrect interpretation of the statute, and that the term “construction” in R.S. 2477 requires only “continued use.”
It is a cardinal principle of statutory construction that a court’s interpretation of a statute begins with the plain meaning of the statute’s words. Bates v. Runyon, No. 95-5183, 1996 WL 532210, at *2 (10th Cir. Sept.19, 1996); Robinson v. Shell Oil Co., 519 U.S. 337, 340, 117 S.Ct. 843, 136 L.Ed.2d 808 (1997). Webster’s dictionary defines “construction” as “[t]he process or art of constructing; the act of building; erection; the act of devising and forming; fabrication; composition.” WEBSTER’S REVISED UNABRIDGED DICTIONARY at “construction” (1996); accord WEBSTER’S NEW TWENTIETH CENTURY DICTIONARY 392 (2d ed.1979). BLACK’S LAW DICTIONARY similarly defines “construction” as “[t]he act of building by combining or arranging parts or elements; the thing so built.” Id. at 308 (7th ed.1999). This ordinary meaning comports with the BLM’s (and Plaintiffs’) contention that “construction” requires some form of purposeful, physical building or improving, and that construction cannot be achieved solely by the effects of haphazard use. Although mechanical means for building highways has certainly changed since 1866, the date R.S. 2477 was enacted, the ordinary meaning of the word “construction” suggests that Congress in 1866 desired that R.S. 2477 rights-of-way be intentionally, physically worked on to produce a surface conducive to public traffic. See Michael Wolter, Revised Statutes 2b77 Rights-of-Way Settlement Act: Exorcism or Exercise for the Ghost of Land Use Past? (hereinafter “Wolter”), 5 Dick. J. Envtl. L. & Pol’y 315, 331 (1996)(citing 59 Fed.Reg. 39,220 (1994)).
This reading is consistent with Congress’s objectives for federal land use policy. Congress has specifically stated that determination of the validity of R.S. 2477 claims “should be drawn from the intent of R.S. 2477 and FLPMA.” H.R. Conf. Rep. No. 102-5503 (1992); 138 Cong. Rec. H9306-01, at H9325 (1992); 1992 WL 237510. The intent of FLPMA is clearly stated by that statute:
(1) the public lands be retained in Federal ownership, unless as a result of the land use planning procedure provided for in this Act, it is determined that disposal of a particular parcel will serve the national interest; ...
(2) the national interest will be best realized if the public lands ... present and future use is projected through a land use planning process coordinated with other Federal and State planning efforts; ...
(10) uniform procedures for any disposal of public land ... be established by statute ...
43 U.S.C. § 1701(a)(1), (2), and (10). Each of these stated goals would be frustrated, however, were R.S. 2477 to be interpreted as the Counties propose — by a “continued use” standard determined by reference to state law. The first goal of FLPMA, that federal lands be governed in accordance with national interest, would be undermined if the interest of the various states, rather than the interest of the federal government, governed the validity of R.S. 2477 rights-of-way. FLPMA’s second goal, clear projection of present and future federal land use, could not be accomplished if the federal government could not rely on a single, clear standard for predicting the validity of potential R.S. 2477 claims. And FLPMA’s tenth goal, the adoption of uniform procedures for the disposal of federal land, would be frustrated by determining R.S. 2477 grants by the vagaries of state law. See Wolter, 5 Dick. J. Envtl. L. & Pol’y at 330-331.
The BLM’s interpretation of “construction” seems to have been applied by the Supreme Court in Bear Lake & River Waterworks & Irrigation Co. v. Garland, 164 U.S. 1, 17 S.Ct. 7, 41 L.Ed. 327 (1896). In Bear Lake, the Supreme Court interpreted Section 9 of the 1866 Mining Law, the sister statute to R.S. 2477 (R.S. 2477 was initially passed as Section 8 of the same law). Section 9 deals with rights-of-way for “the construction of ditches,” just as R.S. 2477 deals with rights of way for “the construction of highways.” R.S. 2339, 43 U.S.C. § 661 (prior to 1976 amendment). It is a “basic canon of statutory construction that identical terms within an Act bear the same meaning.” Reno v. Koray, 515 U.S. 50, 55, 115 S.Ct. 2021, 132 L.Ed.2d 46 (1995); accord Vectra Fitness, Inc. v. TNWK Corp., 162 F.3d 1379, 1383 (Fed.Cir.1998) (“[I]t cannot be presumed that the [same] term has two different meanings in these closely related statutes.”), citing United Sav. Ass’n v. Timbers of Inwood Forest Assocs., 484 U.S. 365, 371, 108 S.Ct. 626, 98 L.Ed.2d 740 (1988). The Court held in Bear Lake that, in order to perfect a right-of-way for a ditch, “it is the doing of the work” and “the completion of the work” that is required. Bear Lake, 164 U.S. at 18-19, 17 S.Ct. 7. This suggests that the identical word “construction” in R.S. 2477 should also be interpreted as requiring purposeful, physical “work.”
Also favoring the interpretation of “construction” applied by the BLM in this administrative adjudication is the longstanding interpretation of the DOI, the agency charged with enforcing R.S. 2477. Since at least 1980, the DOI has interpreted “construction” to require “the actual building of a highway, i.e., the grant could not be perfected without some actual construction.” (See Ferguson Letter at 5, attached as Ex. 4 to Pis.’ Reply. Mem. in Supp. of Mot. for Summ. J.) Agency “interpretations contained in [informal formats] are ‘entitled to respect’!,] • • • but only to the extent that those interpretations have the ‘power to persuade.’ ” Christensen, 529 U.S. at 586, 120 S.Ct. 1655. The court finds this interpretation persuasive not only because it comports with the ordinary meaning of the term “construction” and the stated intent of FLPMA, as discussed earlier, but also because it establishes a workable standard for determining when R.S. 2477 rights-of-way were perfected. As the DOI’s opinion letter notes,
[t]he administrative difficulty of applying a standard other than actual construction would be potentially unmanageable. If actual use were the only criterion, innumerable jeep trails, wagon roads and other access ways — some of them ancient, and some traversed only very infrequently (but whose susceptibility to use has not deteriorated significantly because of natural aridity in much of the West) — might qualify as public highways under R.S. 2477.
(Ferguson Letter at 7, attached as Ex. 4 to Pis.’ Reply Mem. in Supp. of Mot. for Summ. J.) It is unlikely that Congress would have intended that the term “construction” in R.S. 2477 be read in a way that might have rendered later attempts to determine what rights-of-way had been established nearly impossible.
In a recent decision, this court adopted the interpretation of “construction” applied by the BLM. In United States v. Garfield County, 122 F.Supp.2d 1201 (D.Utah 2000), the court referred to a 1982 DOI opinion letter when defining the phrase “ ‘construction’ within the meaning of R.S. § 2477.”
Construction ordinarily means more than mere use ... [T]here must have been the actual building of a highway. .. ,[W]e think such a road can become a highway within the meaning of R.S. 2477 if state or local government improves and maintains it by taking measures which qualify as ‘construction’; i.e. grading, paving, placing culverts, etc.
Id. at 1227 n. 35; see also Fitzgerald v. United States, 932 F.Supp. 1195, 1204 (D.Ariz.1996) (“To perfect an R.S. 2477 claim, one requirement is that the offer made by the law must be accepted by construction and use and the acceptance must be made while the lands were unreserved from the public domain ... ”) (emphasis added).
The Counties, on the other hand, cite authority for the principle that “construction” of a right-of-way is accomplished by “continued use.” Under Utah state law, an R.S. 2477 grant became a public highway through “continued use of the road by the public for such length of time and under such circumstances as to clearly indicate an intention on the part of the public to accept the grant.” Lindsay Land & Livestock Co. v. Churnos, 75 Utah 384, 285 P. 646, 648 (1929) (citing cases from Colorado, Wyoming, Montana, and Oregon adopting same rule of construction); accord Boyer v. Clark, 7 Utah 2d 395, 326 P.2d 107, 109 (1958). While past interpretations by state courts are not binding on a federal court interpreting a federal statute, several federal courts have looked to this state interpretation for guidance. In Sierra Club v. Hodel, 675 F.Supp. 594 (D.Utah 1987), the court ruled that “[u]nder R.S. 2477, a right of way could be established by public use under terms provided by state law.” Id. at 604. Since the Hodel decision in 1987, several federal district courts have adopted this state law “continued use” standard in the determination of R.S. 2477 claims. See Barker v. Board of County Comm’rs of the County of La Plata, Colo., 49 F.Supp.2d 1203, 1214 (D.Colo.1999) (citing Hodel); United States v. Jenks, 804 F.Supp. 232, 235 (D.N.M.1992) (citing Hodel), affd in part, rev’d in part on other grounds, 22 F.3d 1513 (10th Cir.1994); Adams v. United States, 687 F.Supp. 1479, 1490 (D.Nev.1988) (citing Hodel); see also Shultz v. United States Dept. of Army, 10 F.3d 649, 655 (9th Cir.1993) (citing Hodel), withdrawn and superseded on rehearing, 96 F.3d 1222 (9th Cir.1996).
The cases adopting the “continued use” standard, however, are distinguishable from the present matter. The more recent cases to adopt this standard reached that interpretation simply by citing back to Hodel, rather than through independent analysis of the competing interpretations of the word “construction.” The Hodel case itself also seems to have reached its decision by citing to previous cases, rather than by analyzing the statutory meaning of the term “construction.” In ruling that state law would govern the establishment of R.S. 2477 rights-of-way, Hodel cited to two cases: Wilkenson v. United States Dept. of Interior, 634 F.Supp. 1265, 1272 (D.Colo.1986), and United States v. 9,947.71 Acres of Land, 220 F.Supp. 328, 335 (D.Nev.1963). The Wilkenson case looked to state law for the establishment of R.S. 2477 rights-of-way only because the parties to that case agreed to do so. See Wilkenson, 634 F.Supp. at 1272. And the 9,947.71 Acres case appears to have been miscited. In 9,947.71 Acres, the court held that a validly constructed R.S. 2477 road constituted private property for which the government must provide compensation following a taking. See id., 220 F.Supp. at 337. The issue of whether “physical work” or “continued use” was required to perfect an R.S. 2477 right-of-way was not before and was never discussed by the court. Nevertheless, the language used by the court clearly indicates its view that physical work was required to perfect an R.S. 2477 right-of-way. In referring- to the road at issue in that case, the court mentioned that the road had been “built” and “laid out” through a meandering mountain pass and that “acts of the actual construction” had been necessary to create the road. Id. at 330, 331. The court referred to the creators of R.S. 2477 roads as “builders.” Id. at 331. The court then cited several cases, including a United States Supreme Court case, for the principle that the “work” and “labor” performed on a mining road was to be considered part of the work done on the mine itself:
Labor and improvements, within the meaning of the statute, are deemed to have been had on a mining claim ... When the labor is performed or the improvements are made for its development, — that is, to facilitate the extraction of the metals it may contain,— though in fact such labor and improvements may ... be at a distance from the claim itself.
9,947.71 Acres, 220 F.Supp. at 332-33, quoting St. Louis Smelting & Refining Co. v. Kemp, 104 U.S. 636, 655, 14 Otto 636, 26 L.Ed. 875 (1881); accord id. at 332, quoting Doherty v. Morris, 17 Colo. 105, 28 P. 85, 86 (1891) (“labor performed by the owner of a mine in constructing a wagon road thereto ... ”); Id. at 333, quoting Sexton v. Washington Mining & Milling Co., 55 Wash. 380, 104 P. 614, 616 (1909) (“the performance of this labor in the construction of a road ... ”).
Further, Plaintiffs are correct that the Tenth Circuit’s decision in Hodel did not resolve the issue of what interpretation should be given to the word “construction” in R.S. 2477. The Tenth Circuit’s decision in Hodel addressed only the scope of R.S. 2477 rights-of-way already found to have been established — it did not address the issue in this case, how R.S. 2477 rights-of-way are established in the first place. See Sierra Club v. Hodel, 848 F.2d 1068 (10th Cir.1988), overruled on other grounds, Village of Los Ranchos De Albuquerque v. Marsh, 956 F.2d 970, 973 (10th Cir.1992). The question of whether courts should look to the state law “continued use” standard to determine the existence of an R.S. 2477 right of way was not before the court. While the court expressly disagreed with a DOI opinion letter that put forth the “actual construction” standard used by the BLM, the Tenth Circuit made clear that one of its motivations for doing so was that the establishment of R.S. 2477 rights-of-way issue was not directly applicable to the scope of R.S. 2477 rights-of-way issue before the court.
A second reading [of the DOI opinion letter] is that the Solicitor is stating that, as a matter of federal law, the use of the word ‘construction’ in R.S. 2477 imposes actual construction as a baseline requirement for perfection of a right-of-way, a requirement which state law can interpret but cannot disregard or emasculate.... This reading of the Solicitor’s opinion does not help Sierra Club, however, as it speaks only to what is necessary to perfect an R.S. 2477 right, not the scope of such a right once perfected. Sierra Club does not dispute that an R.S. 2477 right-of-way for the Burr Trail was perfected before passage of FLPMA, even under an ‘actual construction’ standard for perfection.
Hodel, 848 F.2d at 1081 (emphasis added) (citation omitted). And while the court did cite to a federal regulation suggesting that R.S. 2477 rights-of-way should be determined “in accordance with State laws,” that citation was made in dicta as part of a background section, and the federal regulation cited had been repealed years before the court’s decision. See Hodel, 848 F.2d at 1078, quoting 43 C.F.R. § 244.55 (1939), renumbered and rev/ritten as 43 C.F.R. § 2822.2-1 (1974) (repealed 1980).
On the balance, the court finds the “intentional physical labor” interpretation applied by the BLM to be the most persuasive. For the reasons discussed above, the court adopts this interpretation and finds that the BLM did not err in its interpretation of the statutory term “construction.”
B. “Highiuay”
According to the DOFs policy memorandum, “[a] highway [for purposes of R.S. 2477] is a road freely open to everyone; a public road.” (Ferguson Letter at 8, attached as Ex. 4 to Pis.’ Mem. in Supp. of Mot. for Summ. J.) The BLM applied this definition in making its determinations in this case.
The claimed highway right-of-way must be public in nature and must have served as a highway when the underlying public lands were available for R.S. 2477 purposes. It is unlikely that a route used by a single entity or used only a few times would qualify as a highway, since the route [must have] open public nature and uses. Similarly, a highway connects the public with identifiable destinations or places. The route should lead vehicles somewhere, but it is not required that the route connect to cities. For example, a highway can allow public access to a scenic area, a trail head, a business, or other place used by and Open to the public. Routes that do not lead to an identifiable destination are unlikely to qualify.
(Admin. Determination for San Juan County at 5; Admin. Determination for Garfield County at 5; Admin. Determination for Kane County at 6.) The court finds this interpretation by BLM to be both reasonable and persuasive and therefore gives some deference to the agency’s construction of the statute.
The Counties’ objection to the BLM’s interpretation of the word “highways” does not address the notion that highways must be open to public use, but rather centers around the Counties’ belief that “highways” can be formed by the passage of wagons, horses, or pedestrians. {See Counties’ Mem. in Opp. to Mot. for Summ. J. at 12.) This appears to be a continuation of the Counties’ argument concerning the statutory interpretation of the term “construction,” as discussed above, rather than an argument concerning the statutory interpretation of the term “highways.” Moreover, the court finds the BLM’s interpretation of the term “highways” to be persuasive and therefore gives some deference to the agency.
Accordingly, the court finds that BLM did not err in its interpretation of the term “highways” in R.S. 2477.
C. “Not reserved for public uses
As the text of the statute indicates, R.S. 2477 permits the establishment of rights-of-way over “public lands” only if the land was “not reserved for public uses.” An R.S. 2477 right of way may be created only while the “surrounding land [retains] its public character.” Adams v. United States, 3 F.3d 1254, 1258 n. 1 (9th Cir.1993); see also Humboldt County v. United States, 684 F.2d 1276, 1281 (9th Cir.1982). The BLM based its determinations in this case, in part, on its finding that the Counties had made their claimed right of way at a time when the land was reserved for public uses and therefore not susceptible to R.S. 2477 right-of-way claims. The Counties challenge the BLM’s determination as to “Coal Land Withdrawal No. 1,” a 1910 reservation of public land in Utah on which the BLM relied in finding that Garfield County’s Cedar Wash, Right Hand Collet, and Devil’s Garden claims were not valid rights-of-way under R.S. 2477.
The reservation of public land in question, Coal Land Withdrawal No. 1, was promulgated as part of the Pickett Act of 1910. The Pickett Act gave the President of the United States the authority to “at any time in his discretion, temporarily withdraw from settlement, location, sale, or entry any of the public lands of the United States ... and reserve the same ...” See Act of June 25, 1910, ch. 421, § 1; 36 Stat. 847. The Pickett Act’s withdrawal of public lands was, however, subject to certain exceptions. The second section of the Pickett Act provided that “all lands withdrawn under the provisions of this Act shall at all times be open to exploration, discovery, occupation, and purchase, under the mining laws of the United States, so far as the same apply to minerals other than coal, oil, gas, and phosphates ...” See id. at § 2. The Counties argue that, since R.S. 2477 was initially passed “under the mining laws of the United States,” R.S. 2477 falls under this exception to the Pickett Act’s withdrawal of public lands.
This withdrawal exception, however, was not applicable to all mining laws, but only those mining laws that applied “to minerals other than coal, oil, gas, and phosphates.” Id. In 1912, Congress amended the Pickett Act to clarify this point — the amended Act stated that the exception applied only to mining laws “so far as the same apply to metalliferous minerals.” Act of Aug. 24, 1912, c. 369 § 2; 37 Stat. 497; accord DOI Letter to Regional Land Offices, 49 Pub. Lands Dec. 95, 1912 WL 1359, at *1 (DOI Oct. 12, 1912) (“[T]he lands embraced in such orders of withdrawal ceased to be and are not open to exploration, discovery, occupation, or purchase under the mining laws of the United States, except for metalliferous minerals.”) R.S. 2477, however, is not a mining law dealing specifically with metalliferous minerals, but rather a broad grant of entry onto federal land for nearly any purpose. R.S. 2477, therefore, does not fall under this exception to the reservation of federal lands for public use.
Had Congress wished R.S. 2477 to be among the statutes excepted from the withdrawal of public lands, it certainly knew how to do so. Three days before the passage of the Pickett Act, Congress also limited the Pickett Act’s reservation of public lands with the following statute:
[F]rom and after the passage of this Act unreserved public lands of the United States exclusive of Alaska which have been withdrawn or classified as coal lands, or are valuable for coal, shall be subject to appropriate entry under the homestead laws by actual settlers only, the desert land law, to selection under ... the Carey Act, and to withdrawal under ... the Reclamation Act ...”
Act of June 22, 1910, ch. 318, 36 Stat. 583 (emphasis added). This list of statutes specifically excepted from the Coal Withdrawal does not include R.S. 2477, and it gives no indication that Congress desired the unrestricted entry onto reserved federal lands that an exception for R.S. 2477 would have created.
The Ninth Circuit Court of Appeals’s decision in Humboldt County v. United States, 684 F.2d 1276 (9th Cir.1982), supports this reading. Humboldt County involved a claimed R.S. 2477 right of way to Nevada’s Blue Lake. In 1934, the President, acting pursuant to the Pickett Act, had withdrawn the land surrounding Blue Lake from “settlement, location, sale, or entry.” Id. at 1281. The court determined that this withdrawal of public lands rendered the county unable to claim R.S. 2477 rights-of-way during this time period. See id. Although it did not state it expressly, therefore, the court implicitly found that R.S. 2477 was not exempt from the Pickett Act’s reservation of public lands.
Accordingly, the court agrees with the BLM determination that R.S. 2477 rights-of-way could not have been established during the time that federal land was “reserved for public use” by the Coal Land Withdrawal No. 1.
For the reasons stated above, the court finds the BLM’s statutory interpretation of R.S. 2477 to be both reasonable and persuasive and concurs with the BLM interpretation.
VI. BLM’s Administrative Process
The Counties also argue that the BLM administrative determinations should be overturned due to alleged flaws in the adjudication process. Specifically, the Counties assert that the BLM informal adjudication should be overturned because it: (1) was a biased decision from a non-neutral factfinder; (2) did not sufficiently inform the Counties of the evidentiary and legal standards that would be employed; and (3) did not give the opportunity for live testimony or oral argument.
A. BLM Bias
The Counties argue that the BLM adjudication was biased due to the BLM’s role as a party to this lawsuit. According to the Counties, the BLM determination must have been geared toward defending the United States’ litigating position in this case. But district court review of informal agency action, which are commonplace, nearly always involve an agency arguing that its own findings should be upheld. The Counties have not introduced any evidence suggesting, that this situation is any different from a routine review of informal agency action. The Counties’ allegation is also belied by the administrative record in this case, which appears to be quite thorough. The BLM’s process included public notice and comment and review of many sources of evidence; the completed administrative record fills more than thirteen boxes. The thoroughness of the BLM’s factual review suggests that the BLM’s determination was not simply a rubber stamp of the United States’ litigating position. Moreover, as discussed above, the BLM determination was supported by substantial evidence. Were the BLM to have made arbitrary factual findings due to any alleged bias, it would be apparent on review. The court does not find here that the BLM’s administrative determinations were arbitrary or capricious.
B. Insufficient Notice of Evidentiary and Legal Standards
The Counties contend that the BLM failed to provide them sufficient notice of the evidentiary and legal standards that would be employed by the BLM in its informal adjudication. With regard to notice of evidentiary standards, the Counties claim that the BLM “failed to state [before the adjudication] ... that the Counties would be foreclosed from further eviden-tiary presentation if they did not present evidence in the full manner typical of a hearing or trial ...” (Counties’ Mem. in Opp. to Mot. for Summ. J. at 22.) The record reflects, however, that the Counties were fully informed of their need to present any and all evidence to the BLM if they wished it to be considered as part of the agency’s determination. On June 22, 1998, the BLM mailed letters to the Counties explaining that the BLM would soon be making “administrative determinations as to the existence and scope of certain rights-of-way at issue in [this] case.” (Letters from BLM to Garfield, San Juan, and Kane County Commissioners, attached as Ex. 3 to Pis.’ Reply Mem. in Supp. of Mot. for Summ. J.) These letters specifically state that
ive ask that you provide us until any and all information or evidence (i.e., documents, maps, etc.) believed to be relevant to the validity or scope of the R.S. 2177 claims. The information will be used by the Bureau of Land Management to make recommendations to the Secretary of the Interior as to the validity and scope of the claimed rights-of-way. ... We request the information by August 24, 1998 so that we can complete the review process ...
(Id.) (emphasis added) On February 12, 1999, the BLM again notified the Counties that
[t]o the extent that you have any information that may be relevant to the administrative determinations, we urge you to timely provide it to the BLM no later than the close of the public comment period after publication of draft recommendations by the BLM. This will insure [sic] that the administrative determinations of BLM and DOI are based upon the most complete record possible. We look forward to receiving any additional information you may have.
(Letter from BLM to Garfield, San Juan, and Kane County Commissioners, attached as Ex. 4 to Pis.’ Reply Mem. in Supp. of Mot. for Summ. J.) Furthermore, when a district court reviews an informal agency action, the administrative record upon which the agency based its decision forms the basis for the court’s review. See Olenhouse, 42 F.3d at 1575; SUWA v. Dabney, 7 F.Supp.2d at 1206 n. 1. Based on these facts, the Counties had sufficient notice that they were required to submit any and all evidence they felt relevant to the BLM’s determination to the BLM for consideration as part of the informal adjudication process.
The Counties also assert that they were not made aware of the legal standards— specifically the statutory interpretation and the burden of proof — which the BLM would employ in assessing their claims. The BLM’s interpretation of the terms of R.S. 2477, however, was first published in a 1980 DOI opinion letter, 16 years before the start of this litigation. (See Ferguson Letter, attached as Ex. 4 to Pis.’ Mem. in Supp. of Mot. for Summ. J.) Similarly, the principle that the party claiming access to federal land bears the burden of proof has been established for decades. See United States v. Union Pacific R.R. Co., 353 U.S. 112, 116, 77 S.Ct. 685, 1 L.Ed.2d 693 (1957); Watt v. Western Nuclear, Inc., 462 U.S. 36, 59, 103 S.Ct. 2218, 76 L.Ed.2d 400 (1983). The Counties thus had sufficient notice of the legal standards which BLM applied during the adjudication.
C. Lack of Opportunity for Live Testimony and Oral Argument
Finally, the Counties contend that the BLM should have afforded them the opportunity to present live witnesses and to make oral argument. “The Supreme Court has not interpreted the [Due Process Clause of the] Fifth Amendment as guaranteeing any particular form of procedure” for all administrative determinations. NLRB v. Allied, Distrib. Corp., 297 F.2d 679, 680 (10th Cir.1961). Due process does not require oral argument and live witness testimony for all agency adjudications. See FCC v. WJR, The Goodwill Station, 337 U.S. 265, 274-75, 69 S.Ct. 1097, 93 L.Ed. 1353 (1949). The rigid hearing procedures requested by the Counties are required by the APA only when “required by statute to be determined on the record after opportunity for an agency hearing.” 5 U.S.C. § 554. “In instances where the relevant statute does not require that adjudicatory decisions be made ‘on the record after opportunity for agency hearing,’ the APA as such provides no procedures that must be followed.” STEPHEN BREYER ET AL., ADMINISTRATIVE LAW AND REGULATORY POLICY 567 (4th ed.1999). For example, where the statute does not require formal adjudication procedures, the grant or denial of oral argument is left to the discretion of the agency. See Allied Distrib. Corp., 297 F.2d 679, 680 (10th Cir.1961). The non-inclusion of oral argument or live witness testimony as part of the BLM’s adjudication procedures did not represent a violation of due process rights.
Accordingly, the court concludes that the BLM’s administrative process did not violate due process.
Order
The BLM’s determinations regarding the validity under R.S. 2477 of the rights-of-way claimed by the Counties are AFFIRMED.
. As explained below, however, the court treats this motion as a review of informal agency action, rather than as a motion for summary judgment. See infra at 1135.
. Plaintiffs seek to enjoin construction on six roads in San Juan County (Claim 507, Claim 510, Claim 511, Claim 514, Claim 516, and Claim 518), five roads in Kane County (Paria-Hackberry/SWAG, Burning Hills # 1, Burning Hills # 2, Burning Hills # 3, and Moquith Mountain claims), and four roads in Garfield County (Cedar Wash, Right Hand Collet, Devil's Garden, and Short Cut claims).
. See also DOI Proposed Rule for Interpretation of R.S. 2477, 59 Fed.Reg. 39216 (1994) (proposed Aug. 1, 1994): "Construction means an intentional physical act or series of intentional physical acts that were intended to, and that accomplished, preparation of a durable, observable, physical modification of land for use by highway traffic. Where State law, in effect on the latest available date, further limits the definition of construction, these limits also apply.” Id. at 39225. This proposed rule was never adopted due to a congressional moratorium on the implementation of new R.S. 2477 rules and regulations. See Pub.L. 104-208 § 101(d), 110 Stat. 3009-200 (1996).
. The court's holding should not be read as an indication that it is impermissible to look to state law to interpret the meaning or requirements of R.S. 2477. Although state law can be used to help interpret the words of R.S. 2477, it cannot be used to "disregard or emasculate” the statutory terms. Hodel, 848 F.2d at 1081. The "continued use” interpretation of the statutory term "construction,” however, does just that — it disregards the congressional intent behind R.S. 2477 and sets a lower standard for the establishment of rights-of-way over federal lands than the one intended by Congress.
| CASELAW |
Anders Hunstad
Anders Hunstad (born 3 February 1974) is a Norwegian musician and songwriter from Oslo.
Discography
* 1996 – Ravana "Common Daze"
* 1999 – Prosessor Balthazar "Riot 99"
* 2000 – Autopulver "Vapor Trails"
* 2002 – Morris "Ingen ringere enn..."
* 2003 – The Landlords "Meant to be"
* 2003 – El Caco "The Search"
* 2005 – Surferosa "The Force"
* 2006 – Bermuda Triangle "33rpm"
* 2006 – One People "Love is forever (The Indigenous Soul)"
* 2006 – One People "Tatanka"
* 2007 – Tulus "Biography Obscene"
* 2007 – Tvang "En ny morgen"
* 2007 – One People "In The Beginning Was Love (The Indigenous Soul)
* 2008 – Plywood "Vitesse"
* 2009 – Sarke "Vorunah"
* 2009 – Meanderthals "Desire Lines"
* 2009 – Tvang "Unik"
* 2009 – Bermuda Triangle "Love Computer City"
* 2009 – El Caco "Heat"
* 2010 – Sarah Jo "Inner child, the wise & me vol. 1"
* 2011 – Sarke "Oldarhian"
* 2011 – SOT "Kind Of Saltz"
* 2011 – Karen Jo Field "4 Songs"
* 2012 – One Prayer
* 2013 – Sarke "Aruagint"
* 2014 – Lonely Kamel "Shit City"
* 2014 – SOT "Redwings Nest"
* 2015 – Satyricon "Live at the Opera"
* 2016 – Lonely Kamel "Blues for the dead"
* 2017 – SOT "Kogel Mogel"
* 2017 – Sarke "Viige Uhr"
* 2019 – Sarke "Gastwerso"
* 2019 – AtomHart "AtomHart EP"
Live session work
* Satyricon (2011–present)
* Sarke (2008–present)
* Infidels Forever (2007)
* Briskeby (2005–2007)
* Morten Abel (2005–2006)
* Karen Jo Fields (2004–2007)
* Aggie Frost (2002–2006) | WIKI |
Bridge number
In the mathematical field of knot theory, the bridge number is an invariant of a knot defined as the minimal number of bridges required in all the possible bridge representations of a knot.
Definition
Given a knot or link, draw a diagram of the link using the convention that a gap in the line denotes an undercrossing. Call an arc in this diagram a bridge if it includes at least one overcrossing. Then the bridge number of a knot can be found as the minimum number of bridges required for any diagram of the knot. Bridge number was first studied in the 1950s by Horst Schubert.
The bridge number can equivalently be defined geometrically instead of topologically. In bridge representation, a knot lies entirely in the plane apart for a finite number of bridges whose projections onto the plane are straight lines. Equivalently the bridge number is the minimal number of local maxima of the projection of the knot onto a vector, where we minimize over all projections and over all conformations of the knot.
Properties
Every non-trivial knot has bridge number at least two, so the knots that minimize the bridge number (other than the unknot) are the 2-bridge knots. It can be shown that every n-bridge knot can be decomposed into two trivial n-tangles and hence 2-bridge knots are rational knots.
If K is the connected sum of K1 and K2, then the bridge number of K is one less than the sum of the bridge numbers of K1 and K2.
Other numerical invariants
* Crossing number
* Linking number
* Stick number
* Unknotting number | WIKI |
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Kubeless developer guide
This will cover the steps need to be done in order to build your local development environment for Kubeless.
Setting things up
As Kubeless project is mainly developed in the Go Programming Language, the first thing you should do is guarantee that Go is installed and all environment variables are properly set.
In this example we will use Ubuntu Linux 16.04.2 LTS as the target host on where the project will be built.
Installing Go
export GOROOT=/GoDir/go
export GOPATH=/GoDir/go/bin
export PATH=$GOPATH:$PATH
Create a working directory for the project
export KUBELESS_WORKING_DIR=$GOROOT/src/github.com/kubeless/
mkdir -p $KUBELESS_WORKING_DIR
Fork the repository
1. Visit the repo: https://github.com/kubeless/kubeless
2. Click Fork button (top right) to establish a cloud-based fork.
Clone from your fork
cd $KUBELESS_WORKING_DIR
git clone https://github.com/<YOUR FORK>
cd $KUBELESS_WORKING_DIR/kubeless
git remote add upstream https://github.com/kubeless/kubeless.git
# Never push to upstream master
git remote set-url --push upstream no_push
# Checking your remote set correctly
git remote -v
Bootstrapping your local dev environment
To get all the needed tools to build and test, run:
cd $KUBELESS_WORKING_DIR/kubeless
make bootstrap
Or if you want to use a containerized environment you can use minikube. If you already have minikube use the following script to set it up:
cd $KUBELESS_WORKING_DIR/kubeless
./script/start-test-environment.sh
This will start a new minikube virtual machine and will open a bash shell in which you can build any local binary or execute the tests. Note that the Kubeless code will be mounted from outside so you can still edit your files with your favourite text editor.
Building local binaries
To make the binaries for your platform, run:
cd $KUBELESS_WORKING_DIR/kubeless
make binary
make controller-image
This will instruct "make" to run the scripts to build the kubeless client and the kubeless controller image.
You can build kubeless for multiple platforms with:
make binary-cross
The binaries accordingly located at bundles/kubeless_$OS_$arch folder.
Building Trigger Controllers
Each Kubeless trigger controller is being developed on its own repository. You can find more information about those controllers in their repositories:
Building k8s manifests file
To regenerate the most updated k8s manifests file, run:
Note that you will need the kubecfg in your PATH in order to generate the Kubeless manifests.
cd $KUBELESS_WORKING_DIR
export KUBECFG_JPATH=$PWD/ksonnet-lib
git clone --depth=1 https://github.com/ksonnet/ksonnet-lib.git
cd $KUBELESS_WORKING_DIR/kubeless
make all-yaml
If everything is ok, you'll have generated manifests file under the $KUBELESS_WORKING_DIR root directory:
kubeless-openshift.yaml
kubeless-non-rbac.yaml
kubeless.yaml
You can also generate them separated using the following commands:
make kubeless-openshift.yaml
make kubeless-non-rbac.yaml
make kubeless.yaml
Uploading your kubeless image to Docker Hub
Usually you will need to upload your controller image to a repository so you can make it available for your Kubernetes cluster, whenever it is running.
To do so, run the commands:
docker login -u=<dockerhubuser> -e=<e-mail>
docker tag kubeless-controller-manager <your-docker-hub-repo>/kubeless-test:latest
docker push <your-docker-hub-repo>/kubeless-test:latest
Make sure your image repository is correctly referenced in the "containers" session on the yaml file.
containers:
- image: fabriciosanchez/kubeless-test:latest
imagePullPolicy: Always
name: kubeless-controller
serviceAccountName: controller-acct
Hint: take a look at the imagePullPolicy configuration if you are sending images with tags (e. g. "latest") to the Kubernetes cluster. This option controls the image caching mechanism for Kubernetes and you may encounter problems if new images enters the cluster with the same name. They might not be properly pulled for example.
In order to upload your kubeless controller image to Kubernetes, you should use kubectl as follows, informing the yaml file with the required descriptions of your deployment.
kubectl create ns kubeless
kubectl create -f <path-to-yaml-file>/kubeless.yaml
Working on your local branch
Branch from it:
git checkout -b myfeature
Then start working on your myfeature branch.
Keep your branch in sync
# While on your myfeature branch
git fetch upstream
git rebase upstream/master
Commit your changes
git commit
Likely you go back and edit/build/test some more then commit --amend in a few cycles.
Push to your origin first
git push origin myfeature
Updating generated files
There are several files that are automatically generated by Kubernetes code-generator based on the API specification in the repository.
These include:
• Clientset
• Listers
• Shared informers
• Deepcopy functions
If you make any changes to API specification, you will need to run make update to regenerate clientset, informers, lister and deepcopy functions.
Testing kubeless with local minikube
The simplest way to try kubeless is deploying it with minikube
You can start working with the local minikube VM and test your changes building the controller image and running your tests. Once you are happy with the result and you are ready to send a pull request you should run the unit and end-to-end tests (to spot possible issues with your changes):
make validation
make test
make build_and_test
Note that for running the end-to-end tests you need to provide a clean profile of minikube (you can create a specific profile for the tests with minikube profile tests).
Any new feature/bug fix made to the code should be accompanied by a unit or end to end test.
Create a pull request
1. Visit your fork at https://github.com/$your_github_username/kubeless.
2. Click the Compare & pull request button next to your myfeature branch.
3. Make sure you fill up clearly the description, point out the particular issue your PR is mitigating, and ask for code review.
Scripting build and publishing
Example of shell script to setup a local environment, build the kubeless binaries and make it available on kubernetes.
#!/bin/bash
# Please set GOROOT and GOPATH appropriately before running!
#rm -rf $GOROOT/src/github.com
#export GOROOT=
#export GOPATH=
#export PATH=$GOPATH:$PATH
#KUBELESS_WORKING_DIR=$GOPATH/src/github.com/kubeless/
#mkdir -p $KUBELESS_WORKING_DIR
#cd $KUBELESS_WORKING_DIR
#git clone https://github.com/<INCLUDE HERE YOUR FORK AND UNCOMMENT>
#cd $KUBELESS_WORKING_DIR/kubeless
#git remote add upstream https://github.com/DXBrazil/kubeless
#git remote set-url --push upstream no_push
#git remote -v
# git checkout <INCLUDE HERE YOUR BRANCH AND UNCOMMENT>
#git fetch
#make binary
#make controller-image
#docker login -u=<your docker hub user> -e=<your e-mail>
#docker tag kubeless-controller <yourrepo>/<your-image>
#docker push <your repo>/<your-image>
#kubectl delete -f <path-to-yaml>
#kubectl delete namespace kubeless
#a=Terminating
#while [ $a == Terminating ]
#do
#a=`kubectl get ns | grep Termina | awk '{print $2}'`
#sleep 5
#done
#kubectl create namespace kubeless
#kubectl create -f <path-to-yaml>
Manage dependencies
We use dep to vendor the dependencies. Take a quick look at the README to understand how it works. Packages that Kubeless relies on are listed at Gopkg.toml.
Happy hacking! | ESSENTIALAI-STEM |
Fatjon Sefa
Fatjon Fatmir Sefa (born 23 July 1984) was an Albanian professional footballer who played as a forward for Lushnja in the Albanian Superliga. He is nicknamed "Ujku" (Wolf for Albanian) due to his scoring abilities inside of the zone.
Dinamo Tirana
Sefa moved to Dinamo Tirana in the summer of 2008 ahead of the club's Champions League campaign of 2008–09. He moved from his hometown club, Lushnja and was given the number 16 shirt for his first season. He played the first leg of Dinamo Tirana's Champions League encounter against FK Modrica. He came on in the 53rd minute for Argentine, Cristian Andres Campozano.
Sefa made his league debut in a Dinamo Tirana jersey on the opening day of the season against Teuta Durrës. He came on in the 76th minute for fellow new signing, Frane Petricevic. He scored his first goal for the club on 1 November 2008 against Apolonia Fier. Sefa opened the score in the 14th minute and also played the full game.
He also managed to score a hat-trick against Apolonia Fier on 15 February 2009, his goals came in the 45th, 62nd and 74th minute of the game, after completing his hat-trick he substituted for Rubén Cecco in the 85th minute. During the 2008–09 season he played 24 games and scored 9 goals, making him the club's second highest goalscorer for the season. During his time at the capital club, he created a fierce partnership with Elis Bakaj.
Besa Kavajë
In July 2012, Sefa joined top flight side Besa Kavajë by signing a contract for the upcoming season.
Skënderbeu Korçë
In May 2014, following the relegation of Besa Kavajë in Albanian First Division, Sefa joined Albanian champions Skënderbeu Korçë by signing a one-year contract.
He made his competitive debut with the team in the opening Albanian Superliga week against the newly promoted side Elbasani at Qemal Stafa Stadium, scoring the only goal of the match in the first half. After winning the Albanian Supercup and the Albanian Superliga title with the club, Sefa left Skënderbeu Korçë at the end of the 2014–15 season through a mutual agreement to terminate his contract, which was due to expire the following year in 2016.
Third return to Lushnja
In August 2015, Sefa returned to his hometown club Lushnja for the third time in his career, taking the vacant number 29 and was given the Captaincy. On 14 May 2017, Sefa scored the only goal in the final match against Bylis Ballsh to help Lushnja finish top of Group B, helping the club to return to Albanian Superliga for the first time in three years.
Sefa made his first top flight appearance in two years on 10 September in Lushnja's first match of the season against Vllaznia Shkodër. He opened his scoring account on matchday 6 against his ex side Skënderbeu Korçë, scoring the temporary equalizer with a header in an eventual 4–1 away defeat. Sefa was on the scoresheet two weeks later where he scored a last-minute goal to help Lushnja clinch their first league victory.
Later on 9 December, Sefa scored a brace against reigning champions Kukësi, including a shot outside the zone, to give his team a 3–1 win at Zeqir Ymeri Stadium; the first away win of the season and the first in six matches.
Club
* Dinamo Tirana
* Albanian Superliga: 2009–10
* Albanian Cup: Runner-up 2009–10
* Skënderbeu Korçë
* Albanian Supercup: 2014
* Albanian Superliga: 2014–15 | WIKI |
Affordable Access
Endothelin-1 stimulates prostaglandin F2 alpha release from human endometrium.
Authors
Type
Published Article
Journal
Prostaglandins Leukotrienes and Essential Fatty Acids
0952-3278
Publisher
Elsevier
Publication Date
Volume
42
Issue
3
Pages
155–157
Identifiers
PMID: 1857721
Source
Medline
License
Unknown
Abstract
Despite a key role in the pathogenesis of menorrhagia, the factors controlling the uterine vascular bed are poorly understood. This study has assessed the effects of the potent vasoconstrictor endothelin (ET)-1 on prostaglandin (PG) release from human endometrial explants in short-term culture. There was no significant difference between the production of PGF2 alpha in proliferative and secretory tissue (1709 and 2434 pg/mg/h--median values, range 70,3745 and 219,6700 pg/mg/h). Less PGE was released than PGF2 alpha, and the amount did not vary with the phase of the menstrual cycle (308 and 296 pg/mg/h (range 65,387 and 105,429) for proliferative and secretory tissue). ET-1 (10 and 100 nM) and arachidonic acid (AA, 30 microM), stimulated PGF2 alpha release from proliferative, but not secretory endometrium, by 78%, 86% (P less than 0.01) and 80% respectively, compared with control tissue. No effect was seen on PGE release. ET-1 may play a role in the local control of the endometrial vascular bed either directly, or via the release of PGF2 alpha.
Statistics
Seen <100 times | ESSENTIALAI-STEM |
Davey Glennon
David 'Davy' Glennon (born 5 February 1991 ) is an Irish hurler who currently plays for Westmeath having previously played for the Galway senior team. He continues to play with his club Mullagh.
He came on as a substitute in the 2012 All-Ireland Senior Hurling Championship Final against Kilkenny. In 2016 he publicly admitted he had a serious gambling addiction, which had led to problems with the law, his family and hurling, and even to him contemplating ending his own life.
On 3 September 2017, Glennon was a non playing substitute for Galway as they won their first All-Ireland Senior Hurling Championship in 29 years against Waterford.
On 17 July 2021, Glennon helped Westmeath win the Joe McDonagh Cup for the first time at Croke Park after a 2-28 to 1-24 win over Kerry. | WIKI |
This documentation is deprecated. Please refer our new documentation here
Lumen Integration
Lumen is the stunningly fast micro-framework by Laravel. Even though Atatus PHP APM supports major frameworks without any extra code, Lumen applications need some extra configurations.
This integration includes:
1. Custom Middleware to set proper transaction name.
2. Custom Exception handler to report errors.
Include AtatusLumenMiddleware.php
Save following contents in the file app/Http/Middleware/AtatusLumenMiddleware.php
<?php
// app/Http/Middleware/AtatusLumenMiddleware.php
namespace App\Http\Middleware;
use Closure;
use Illuminate\Http\Request;
/**
* Class AtatusLumenMiddleware
*/
class AtatusLumenMiddleware
{
/**
* Set Custom Transaction Name
*
* @param Request $request
* @param Closure $next
*/
public function handle(Request $request, Closure $next)
{
$response = $next($request);
if (extension_loaded('atatus')) {
atatus_set_transaction_name($this->txnNameFromRequest($request));
}
return $response;
}
/**
* Transaction name from request.
*
* @param Request $request
* @return string
*/
public function txnNameFromRequest(Request $request)
{
$route = $request->route();
if (is_array($route)) {
if (isset($route[1]) && isset($route[1]['uses'])) {
return $route[1]['uses'];
}
elseif (isset($route[1]) && isset($route[1]['as'])) {
return $route[1]['as'];
}
}
return 'index.php';
}
}
Add the atatus middleware to the app
You have to add the Atatus middleware to the app.
<?php
// bootstrap/app.php
//...
$app->middleware([
//...
\App\Http\Middleware\AtatusLumenMiddleware::class,
]);
Include ChainedExceptionHandler.php
Save following contents in the file app/Exceptions/ChainedExceptionHandler.php
<?php
// app/Exceptions/ChainedExceptionHandler.php
namespace App\Exceptions;
use Exception;
use Illuminate\Contracts\Debug\ExceptionHandler;
/**
* Class ChainedExceptionHandler
* @package App\Exceptions
*/
class ChainedExceptionHandler implements ExceptionHandler
{
/**
* @var ExceptionHandler
*/
private $primaryHandler;
/**
* @var ExceptionHandler[]
*/
private $secondaryHandlers;
/**
* ChainedExceptionHandler constructor.
*
* @param ExceptionHandler $primaryHandler
* @param ExceptionHandler[] $secondaryHandlers (optional)
*/
public function __construct(ExceptionHandler $primaryHandler, array $secondaryHandlers = [])
{
$this->primaryHandler = $primaryHandler;
$this->secondaryHandlers = $secondaryHandlers;
}
/**
* @inheritdoc
*/
public function report(Exception $e)
{
$this->primaryHandler->report($e);
foreach ($this->secondaryHandlers as $handler) {
$handler->report($e);
}
}
/**
* @inheritdoc
*/
public function render($request, Exception $e)
{
return $this->primaryHandler->render($request, $e);
}
/**
* @inheritdoc
*/
public function renderForConsole($output, Exception $e)
{
$this->primaryHandler->renderForConsole($output, $e);
}
}
Include AtatusExceptionHandler.php
Save following contents in the file app/Exceptions/AtatusExceptionHandler.php
<?php
// app/Exceptions/AtatusExceptionHandler.php
namespace App\Exceptions;
use Exception;
use Illuminate\Contracts\Debug\ExceptionHandler;
use Symfony\Component\HttpKernel\Exception\NotFoundHttpException;
/**
* Class AtatusExceptionHandler
* @package app\Exceptions
*/
class AtatusExceptionHandler implements ExceptionHandler
{
/**
* @var array list of class names of exceptions that should not be reported to Atatus. Defaults to the
* NotFoundHttpException class used for 404 requests.
*/
protected $ignoredExceptions = [
NotFoundHttpException::class,
];
/**
* AtatusExceptionHandler constructor.
*
* @param array|false $ignoredExceptions (optional) a list of exceptions to ignore, or false to use the default
* set
*/
public function __construct($ignoredExceptions = false)
{
if (is_array($ignoredExceptions)) {
$this->ignoredExceptions = $ignoredExceptions;
}
}
/**
* @inheritdoc
*/
public function report(Exception $e)
{
if (!in_array(get_class($e), $this->ignoredExceptions)) {
$this->logException($e);
}
}
/**
* @inheritdoc
*/
public function render($request, Exception $e)
{
}
/**
* @inheritdoc
*/
public function renderForConsole($output, Exception $e)
{
}
/**
* Logs the exception to Atatus (if the extension is loaded)
*
* @param Exception $ex
*/
protected function logException(Exception $ex)
{
if (extension_loaded('atatus')) {
atatus_notify_exception($ex);
}
}
}
Add the exception handler to the app
Replace the $app->singleton() call which registers the concrete exception handler in bootstrap/app.php with the following:
<?php
// bootstrap/app.php
//...
$app->instance(
Illuminate\Contracts\Debug\ExceptionHandler::class,
new App\Exceptions\ChainedExceptionHandler(
new Laravel\Lumen\Exceptions\Handler(),
[new App\Exceptions\AtatusExceptionHandler()]
)
);
Document Sections | ESSENTIALAI-STEM |
User:Courtwang
About me
I am a sophomore at Rice University majoring in Psychology and Sociology, with a minor in Poverty, Justice, and Human Capabilities. This semester, I will be using Wikipedia for one of my sociology classes called Human Development in Global and Local Communities. I'm looking forward to getting started!
Proposed Topic
Sex Trafficking in Nepal
Sex trafficking in Nepal is a big concern and I found a lot of information about it, but it is not thoroughly covered on Wikipedia. There is currently already a page on "Human Trafficking in Nepal," and sex trafficking is lightly mentioned throughout, but it is not specifically talked about in detail. I would propose to add a section to "Human Trafficking in Nepal" specifically discussing sex trafficking.
1. Asman, Susanne. "The Moral Order and Worries About Trafficking in Nepal." Pakistan Journal of Women's Studies: Alam-e-Niswan 16:1-2 (2009): 207-211.
2. Hausner, Sondra L. The movement of women: Migration, trafficking, and prostitution in the context of Nepal's armed conflict. Save the Children, 2005.
3. Kaufman, Michelle R., and Mary Crawford. "Research and activism review: Sex trafficking in Nepal: A review of intervention and prevention programs." Violence against women 17.5 (2011): 651- 665.
4. Mcarthur, Lisa. "Nepal Women Caught in Trafficking Rings." Off Our Backs 26.4 (1996): 7.
5. O'Neill, Tom. "'Selling Girls in Kuwait': Domestic Labor Migration and Trafficking Discourse in Nepal." Anthropologica 43.2 (2001): 153-164.
6. Poudel, P, Carryer, J. "Girl Trafficking, HIV/AIDS, and the Position of Women in Nepal." Gender and Deveolpment 8.2 (2000): 74-79.
Previous topic
Food Security in Burkina Faso
Due to some of the highest levels of poverty in Africa, rapidly-growing population, recurrent natural disasters, and the fact that it is landlocked, food insecurity rates in Burkina Faso remain consistently high. I would add a new section to the Burkina Faso page that already exists because this issue has not been discussed.
References
1. Frongillo, Edward A., and Siméon Nanama. "Development and validation of an experience-based measure of household food insecurity within and across seasons in northern Burkina Faso." The Journal of nutrition 136.5 (2006): 1409S-1419S.
2. Melgar-Quinonez, Hugo R., et al. "Household food insecurity and food expenditure in Bolivia, Burkina Faso, and the Philippines." The Journal of nutrition 136.5 (2006): 1431S-1437S.
3. Reardon, Thomas, and J. Edward Taylor. "Agroclimatic shock, income inequality, and poverty: Evidence from Burkina Faso." ''World Development'' 24.5 (1996): 901-914.
4. Reardon, Thomas, Peter Matlon, and Christopher Delgado. "Coping with household-level food insecurity in drought-affected areas of Burkina Faso."World Development 16.9 (1988): 1065-1074.
5. Savadogo, Kimseyinga, Thomas Reardon, and Kyosti Pietola. "Adoption of improved land use technologies to increase food security in Burkina Faso: relating animal traction, productivity, and non-farm income." Agricultural systems 58.3 (1998): 441-464. | WIKI |
Talk:Chief business officer
Requested move
The result of the move request was: moved to Chief business officer. Favonian (talk) 11:08, 9 September 2011 (UTC)
Chief Business Officer → Chief business officer –
WP:CAPS; WP:TITLE; WP:MOS; common noun; match almost all related articles. Tony (talk) 08:23, 2 September 2011 (UTC)
* Support. Capitals shouldn't be used in references to a generic title, only capitalise when it's a reference to a specific office (i.e. "the Chief Business Officer of Microsoft"). Rennell435 (talk) 17:20, 2 September 2011 (UTC)
* Support. like chief executive officer, no brainer, per nom. -- Ohconfucius ¡digame! 02:45, 6 September 2011 (UTC)
* Support. Consistency. Marcus Qwertyus 23:41, 7 September 2011 (UTC)
| WIKI |
Stefan Zweig
Stefan Zweig (28 November 1881 – 22 February 1942) was an Austrian writer. At the height of his literary career, in the 1920s and 1930s, he was one of the most widely translated and popular writers in the world.
Zweig was raised in Vienna, Austria-Hungary. He wrote historical studies of famous literary figures, such as Honoré de Balzac, Charles Dickens, and Fyodor Dostoevsky in Drei Meister (1920; Three Masters), and decisive historical events in Decisive Moments in History (1927). He wrote biographies of Joseph Fouché (1929), Mary Stuart (1935) and Marie Antoinette (Marie Antoinette: The Portrait of an Average Woman, 1932), among others. Zweig's best-known fiction includes Letter from an Unknown Woman (1922), Amok (1922), Fear (1925), Confusion of Feelings (1927), Twenty-Four Hours in the Life of a Woman (1927), the psychological novel Ungeduld des Herzens (Beware of Pity, 1939), and The Royal Game (1941).
In 1934, as a result of the Nazi Party's rise in Germany and the establishment of the Standestaat regime in Austria, Zweig emigrated to England and then, in 1940, moved briefly to New York and then to Brazil, where he settled. In his final years, he would declare himself in love with the country, writing about it in the book Brazil, Land of the Future. Nonetheless, as the years passed Zweig became increasingly disillusioned and despairing at the future of Europe, and he and his wife Lotte were found dead of a barbiturate overdose in their house in Petrópolis on 23 February 1942; they had died the previous day. His work has been the basis for several film adaptations. Zweig's memoir, Die Welt von Gestern (The World of Yesterday, 1942), is noted for its description of life during the waning years of the Austro-Hungarian Empire under Franz Joseph I and has been called the most famous book on the Habsburg Empire.
Biography
Zweig was born in Vienna, the son of Ida Brettauer (1854–1938), a daughter of a Jewish banking family, and Moritz Zweig (1845–1926), a wealthy Jewish textile manufacturer. He was related to the Czech writer Egon Hostovský, who described him as "a very distant relative"; some sources describe them as cousins.
Zweig studied philosophy at the University of Vienna and in 1904 earned a doctoral degree with a thesis on "The Philosophy of Hippolyte Taine". Religion did not play a central role in his education. "My mother and father were Jewish only through accident of birth", Zweig said in an interview. Yet he did not renounce his Jewish faith and wrote repeatedly on Jews and Jewish themes, as in his story Buchmendel. Zweig had a warm relationship with Theodor Herzl, the founder of Zionism, whom he met when Herzl was still literary editor of the Neue Freie Presse, then Vienna's main newspaper; Herzl accepted for publication some of Zweig's early essays. Zweig, a committed cosmopolitan, believed in internationalism and in Europeanism, as The World of Yesterday, his autobiography, makes clear: "I was sure in my heart from the first of my identity as a citizen of the world." According to Amos Elon, Zweig called Herzl's book Der Judenstaat an "obtuse text, [a] piece of nonsense".
Zweig served in the Archives of the Ministry of War and supported Austria's effort for war through his writings in the Neue Freie Presse and frequently celebrated in his Diaries the capture and massacre of opposing soldiers (for instance, writing about the innumerable citizens killed at gunpoint under the suspicion of espionage that "what filth has made ooze must be cauterized with scalding iron".) Zweig judged Serbian soldiers as "hordes" and stated that "one feels proud to talk German" when thousands of French soldiers were captured in Metz. Conversely, in his memoirs, The World of Yesterday, Zweig portrays himself in the role of pacifist at the time of the First World War, states that he refused "to participate in those rabid calumnies against the enemy" (although, through his work in the official Neue Freie Presse, Zweig promoted the war propaganda issued from the Austrian crown) and affirms that among his intellectual friends he was "alone" in his stance against the war.
Zweig married Friderike Maria von Winternitz (born Burger) in 1920; they divorced in 1938. As Friderike Zweig she published a book on her former husband after his death. She later also published a picture book on Zweig. In the late summer of 1939, Zweig married his secretary Elisabet Charlotte "Lotte" Altmann in Bath, England. Zweig's secretary in Salzburg from November 1919 to March 1938 was Anna Meingast (13 May 1881, Vienna – 17 November 1953, Salzburg).
As a Jew, Zweig's high profile did not shield him from the threat of persecution. In 1934, following Hitler's rise to power in Germany and the establishment of the Ständestaat, an authoritarian political regime now known as "Austrofascism", Zweig left Austria for England, living first in London, then from 1939 in Bath. Because of the swift advance of Hitler's troops westwards, and the threat of arrest or worse – as part of the preparations for Operation Seelöwe a list of persons to be detained immediately after conquest of the British Isles, the so-called Black Book, had been assembled and Zweig was on page 231, with his London address fully mentioned – Zweig and his second wife crossed the Atlantic to the United States, settling in 1940 in New York City; they lived for two months as guests of Yale University in New Haven, Connecticut, before renting a house in Ossining, New York.
On 22 August 1940, they moved again to Petrópolis, a German-colonized mountain town 68 kilometres north of Rio de Janeiro. There, he wrote the book Brazil, Land of the Future and developed a close friendship with Chilean poet Gabriela Mistral. Zweig, feeling increasingly depressed about the situation in Europe and the future for humanity, wrote in a letter to author Jules Romains, "My inner crisis consists in that I am not able to identify myself with the me of passport, the self of exile". He had been despairing at the future of Europe and its culture. He wrote: "I think it better to conclude in good time and in erect bearing a life in which intellectual labour meant the purest joy and personal freedom the highest good on Earth". On 23 February 1942, the Zweigs were found dead of a barbiturate overdose in their house in the city of Petrópolis, holding hands. The Zweigs' house in Brazil was later turned into a cultural centre and is now known as Casa Stefan Zweig.
Work
Zweig was a prominent writer in the 1920s and 1930s, befriending Arthur Schnitzler and Sigmund Freud. He was extremely popular in the United States, South America and Europe, and remains so in continental Europe; however, he was largely ignored by the British public. His fame in America had diminished until the 1990s, when there began an effort on the part of several publishers (notably Pushkin Press, Hesperus Press, and The New York Review of Books) to get Zweig back into print in English. Plunkett Lake Press has reissued electronic versions of his non-fiction works. Since that time there has been a marked resurgence and a number of Zweig's books are back in print.
Critical opinion of his oeuvre is strongly divided between those who praise his humanism, simplicity and effective style, and those who criticize his literary style as poor, lightweight and superficial. In a review entitled "Vermicular Dither", German polemicist Michael Hofmann scathingly attacked the Austrian's work. Hofmann opined that "Zweig just tastes fake. He's the Pepsi of Austrian writing." Even the author's suicide note, Hofmann suggested, induces "the irritable rise of boredom halfway through it, and the sense that he doesn't mean it, his heart isn't in it (not even in his suicide)".
Zweig is best known for his novellas (notably The Royal Game, Amok, and Letter from an Unknown Woman – which was filmed in 1948 by Max Ophüls), novels (Beware of Pity, Confusion of Feelings, and the posthumously published The Post Office Girl) and biographies (notably of Erasmus of Rotterdam, Ferdinand Magellan, and Mary, Queen of Scots, and also the posthumously published one on Balzac). At one time his works were published without his consent in English under the pseudonym "Stephen Branch" (a translation of his real name) when anti-German sentiment was running high. His 1932 biography of Queen Marie Antoinette was adapted by Metro-Goldwyn-Mayer as a 1938 film starring Norma Shearer.
Zweig's memoir, The World of Yesterday, was completed in 1942 one day before he died by suicide. It has been widely discussed as a record of "what it meant to be alive between 1881 and 1942" in central Europe; the book has attracted both critical praise and hostile dismissal.
Zweig acknowledged his debt to psychoanalysis. In a letter dated 8 September 1926, he wrote to Freud, "Psychology is the great business of my life". He went on explaining that Freud had considerable influence on writers such as Marcel Proust, D.H. Lawrence and James Joyce, giving them a lesson in "courage" and helping them to overcome their inhibitions. "Thanks to you, we see many things. – Thanks to you we say many things which otherwise we would not have seen nor said." He claimed autobiography, in particular, had become "more clear-sighted and audacious".
Zweig enjoyed a close association with Richard Strauss and provided the libretto for Die schweigsame Frau (The Silent Woman). Strauss famously defied the Nazi regime by refusing to sanction the removal of Zweig's name from the programme for the work's première on 24 June 1935 in Dresden. As a result, Goebbels refused to attend as planned, and the opera was banned after three performances. Zweig later collaborated with Joseph Gregor to provide Strauss with the libretto for one other opera, Daphne, in 1937. At least one other work by Zweig received a musical setting: the pianist and composer Henry Jolles, who like Zweig had fled to Brazil to escape the Nazis, composed a song, "Último poema de Stefan Zweig", based on "Letztes Gedicht", which Zweig wrote on the occasion of his 60th birthday in November 1941. During his stay in Brazil, Zweig wrote Brasilien, Ein Land der Zukunft (Brazil, A Land of the Future) which consisted in a collection of essays on the history and culture of his newly adopted country.
Zweig was a passionate collector of manuscripts. He corresponded at length with Hungarian musicologist Gisela Selden-Goth, often discussing their shared interest in collecting original music scores. There are important Zweig collections at the British Library, at the State University of New York at Fredonia and at the National Library of Israel. The British Library's Stefan Zweig Collection was donated to the library by his heirs in May 1986. It specialises in autograph music manuscripts, including works by Bach, Haydn, Wagner, and Mahler. It has been described as "one of the world's greatest collections of autograph manuscripts". One particularly precious item is Mozart's "Verzeichnüß aller meiner Werke" – that is, the composer's own handwritten thematic catalogue of his works.
The 1993–1994 academic year at the College of Europe was named in his honour.
Zweig has been credited with being one of the novelists who contributed to the emergence of what would later be called the Habsburg Myth.
Fiction
1. The Chains (Original title: Die Kette) 2. Kaleidoscope (Original title: Kaleidoskop). Includes: Casual Knowledge of a Craft, Leporella, Fear, Burning Secret, Summer Novella, The Governess, Buchmendel, The Refugee, The Invisible Collection, Fantastic Night, and Moonbeam Alley. Kaleidoscope: thirteen stories and novelettes, published by The Viking Press in 1934, includes some of those just listed — some with differently translated titles — plus others.
* Forgotten Dreams, 1900 (Original title: Vergessene Träume)
* Spring in the Prater, 1900 (Original title: Praterfrühling)
* A Loser, 1901 (Original title: Ein Verbummelter)
* In the Snow, 1901 (Original title: Im Schnee)
* Two Lonely Souls, 1901 (Original title: Zwei Einsame)
* The Miracles of Life, 1903 (Original title: Die Wunder des Lebens)
* The Love of Erika Ewald, 1904 (Original title: Die Liebe der Erika Ewald)
* The Star Over the Forest, 1904 (Original title: Der Stern über dem Walde)
* The Fowler Snared, 1906 (Original title: Sommernovellette)
* The Governess, 1907 (Original title: Die Governante)
* Scarlet Fever, 1908 (Original title: Scharlach)
* Twilight, 1910 (Original title: Geschichte eines Unterganges)
* A Story Told In Twilight, 1911, short story (Original title: Geschichte in der Dämmerung)
* Burning Secret, 1913 (Original title: )
* Fear, 1920 (Original title: Angst)
* Compulsion, 1920 (Original title: Der Zwang)
* Fantastic Night, 1922 (Original title: Phantastische Nacht)
* Letter from an Unknown Woman, 1922 (Original title: Brief einer Unbekannten)
* Moonbeam Alley, 1922 (Original title: Die Mondscheingasse)
* Amok, 1922 (Original title: Amok) – novella, initially published with several others in Amok. Novellen einer Leidenschaft
* The Invisible Collection, 1925 (Original title: Die unsichtbare Sammlung)
* Downfall of the Heart, 1927 (Original title: Untergang eines Herzens)
* The Invisible Collection see Collected Stories below, (Original title: Die Unsichtbare Sammlung, first published in book form in 'Insel-Almanach auf das Jahr 1927' )
* The Refugee, 1927 (Original title: Der Flüchtling. Episode vom Genfer See).
* Confusion of Feelings or Confusion: The Private Papers of Privy Councillor R Von D, 1927 (Original title: Verwirrung der Gefühle) – novella initially published in the volume Verwirrung der Gefühle: Drei Novellen
* Twenty-Four Hours in the Life of a Woman, 1927 (Original title: Vierundzwanzig Stunden aus dem Leben einer Frau) – novella initially published in the volume Verwirrung der Gefühle: Drei Novellen
* Widerstand der Wirklichkeit, 1929 (in English as Journey into the Past (1976))
* Buchmendel, 1929 (Original title: Buchmendel))
* Short stories, 1930 (Original title: Kleine Chronik. Vier Erzählungen) – includes Buchmendel
* Did He Do It?, published between 1935 and 1940 (Original title: War er es?)
* Leporella, 1935 (Original title: Leporella)
* Collected Stories, 1936 (Original title: Gesammelte Erzählungen) – two volumes of short stories:
* Incident on Lake Geneva, 1936 (Original title: Episode am Genfer See Revised version of "Der Flüchtung. Episode vom Genfer See", published in 1927)
* The Old-Book Peddler and Other Tales for Bibliophiles, 1937, four pieces (two "clothed in the form of fiction," according to the preface by translator Theodore W. Koch), published by Northwestern University, The Charles Deering Library, Evanston, Illinois:
* "Books are the Gateway to the World"
* "The Old-Book Peddler; A Viennese Tale for Bibliophiles" (Original title: Buchmendel)
* "The Invisible Collection; An Episode from the Post-War Inflation Period" (Original title: Die unsichtbare Sammlung)
* "Thanks to Books"
* Beware of Pity, 1939 (Original title: Ungeduld des Herzens) novel
* Legends, a collection of five short stories published in 1945 (Original title: Legenden – published also as Jewish Legends with "Buchmendel" instead of "The Dissimilar Doubles":
* "Rachel Arraigns with God", 1930 (Original title: "Rahel rechtet mit Gott"
* "The Eyes of My Brother, Forever", 1922 (Original title: "Die Augen des ewigen Bruders")
* "The Buried Candelabrum", 1936 (Original title: "Der begrabene Leuchter")
* "The Legend of The Third Dove", 1945 (Original title: "Die Legende der dritten Taube")
* "The Dissimilar Doubles", 1927 (Original title: "Kleine Legende von den gleich-ungleichen Schwestern")
* The Royal Game or Chess Story or Chess (Original title: Schachnovelle; Buenos Aires, 1942) – novella written in 1938–41,
* Clarissa, 1981 unfinished novel
* The Debt Paid Late, 1982 (Original title: Die spät bezahlte Schuld)
* The Post Office Girl, 1982 (Original title: Rausch der Verwandlung. Roman aus dem Nachlaß; The Intoxication of Metamorphosis)
* Schneewinter: 50 zeitlose Gedichte, 2016, editor Martin Werhand. Melsbach, Martin Werhand Verlag 2016
Biographies and historical texts
* Émile Verhaeren (the Belgian poet), 1910
* Three Masters: Balzac, Dickens, Dostoevsky, 1920 (Original title: Drei Meister. Balzac – Dickens – Dostojewski. Translated into English by Eden and Cedar Paul and published in 1930 as Three Masters)
* Romain Rolland: The Man and His Work, 1921 (Original title: Romain Rolland. Der Mann und das Werk)
* Nietzsche, 1925 (Originally published in the volume titled: Der Kampf mit dem Dämon. Hölderlin – Kleist – Nietzsche)
* Decisive Moments in History, 1927 (Original title: Sternstunden der Menschheit). Translated into English and published in 1940 as The Tide of Fortune: Twelve Historical Miniatures; retranslated in 2013 by Anthea Bell as Shooting Stars: Ten Historical Miniatures
* Adepts in Self-Portraiture: Casanova, Stendhal, Tolstoy, 1928 (Original title: Drei Dichter ihres Lebens. Casanova – Stendhal – Tolstoi)
* Joseph Fouché, 1929 (Original title: Joseph Fouché. Bildnis eines politischen Menschen)
* Mental Healers: Franz Mesmer, Mary Baker Eddy, Sigmund Freud, 1932 (Original title: Die Heilung durch den Geist. Mesmer, Mary Baker-Eddy, Freud)
* Marie Antoinette: The Portrait of an Average Woman, 1932 (Original title: Marie Antoinette. Bildnis eines mittleren Charakters) ISBN 4-87187-855-4
* Erasmus of Rotterdam, 1934 (Original title: Triumph und Tragik des Erasmus von Rotterdam)
* Maria Stuart, 1935 (also published as: The Queen of Scots or Mary Queen of Scots) ISBN 4-87187-858-9
* A Conscience Against Violence or The Right to Heresy: Castellio against Calvin, 1936 (Original title: Castellio gegen Calvin oder Ein Gewissen gegen die Gewalt)
* Conqueror of the Seas: The Story of Magellan, 1938 (Original title: Magellan. Der Mann und seine Tat) ISBN 4-87187-856-2
* Montaigne, 1941 ISBN<PHONE_NUMBER>031
* Amerigo, 1942 (Original title: Amerigo. Geschichte eines historischen Irrtums) – written in 1942, published the day before he died ISBN 4-87187-857-0
* Balzac, 1946 – written, as describes in a postscript, by Zweig in the Brazilian summer capital of Petrópolis, without access to the files, notebooks, lists, tables, editions and monographs that Zweig accumulated for many years and that he took with him to Bath, but that he left behind when he went to America. Friedenthal wrote that Balzac "was to be his magnum opus, and he had been working at it for ten years. It was to be a summing up of his own experience as an author and of what life had taught him." Friedenthal claimed that "The book had been finished", though not every chapter was complete; he used a working copy of the manuscript Zweig left behind him to apply "the finishing touches", and Friedenthal rewrote the final chapters (Balzac, translated by William and Dorothy Rose [New York: Viking, 1946], pp. 399, 402).
* Paul Verlaine, Copyright 1913, By L.E. Basset Boston, Mass., USA. authorized English translation by O.F. Theis. Luce and Company Boston. Maunsel and Co. Ltd Dublin and London.
Plays
* Tersites, 1907
* Das Haus am Meer, 1912
* Jeremiah, 1917
* Ben Jonson's Volpone. A Loveless Comedy in 3 Acts, freely adapted, 1928
Other
* The World of Yesterday (Original title: Die Welt von Gestern; Stockholm, 1942) – autobiography
* Brazil, Land of the Future (Original title: Brasilien. Ein Land der Zukunft; Bermann-Fischer, Stockholm 1941)
* Journeys (Original title: Auf Reisen; Zurich, 1976); collection of essays
* Encounters and Destinies: A Farewell to Europe (2020); collection of essays
Adaptations
The 1933 Austrian-German drama film The Burning Secret directed by Robert Siodmak was based on Zweig's short story Brennendes Geheimnis. The 1988 remake of the same film Burning Secret was directed by Andrew Birkin and starred Klaus Maria Brandauer and Faye Dunaway.
Letter from an Unknown Woman was filmed in 1948 by Max Ophüls.
Beware of Pity was adapted into a 1946 film with the same title, directed by Maurice Elvey.
Letter from an Unknown Woman was filmed in 1962 by Salah Abu Seif.
An adaptation by Stephen Wyatt of Beware of Pity was broadcast by BBC Radio 4 in 2011.
The 2012 Brazilian film The Invisible Collection, directed by Bernard Attal, is based on Zweig's short story of the same title.
The 2013 French film A Promise (Une promesse) is based on Zweig's novella Journey into the Past (Reise in die Vergangenheit).
The 2013 Swiss film Mary Queen of Scots, directed by Thomas Imbach, is based on Zweig's Maria Stuart.
The end-credits for Wes Anderson's 2014 film The Grand Budapest Hotel say that the film was inspired in part by Zweig's novels. Anderson said that he had "stolen" from Zweig's novels Beware of Pity and The Post-Office Girl in writing the film, and it features actors Tom Wilkinson as The Author, a character based loosely on Zweig, and Jude Law as his younger, idealised self seen in flashbacks. Anderson also said that the film's protagonist, the concierge Gustave H., played by Ralph Fiennes, was based on Zweig. In the film's opening sequence, a teenage girl visits a shrine for The Author, which includes a bust of him wearing Zweig-like spectacles and celebrated as his country's "National Treasure".
The 2017 Austrian-German-French film Vor der Morgenröte (Stefan Zweig: Farewell to Europe) chronicles Stefan Zweig's travels in the North and South Americas, trying to come to terms with his exile from home.
The 2018 American short film Crepúsculo by Clemy Clarke is based on Zweig's short story "A Story Told in Twilight" and relocated to a quinceañera in 1980s New York.
TV film La Ruelle au clair de lune (1988) by Édouard Molinaro is an adaptation of Zweig's short-story Moonbeam Alley.
Schachnovelle, translated as The Royal Game and as Chess Story, was the inspiration for the 1960 Gerd Oswald film Brainwashed, as well as for two Czechoslovakian films—the 1980 Královská hra (The Royal Game) and Šach mat (Checkmate), made for television in 1964 —and for the 2021 Philipp Stölzl film Chess Story.
Libraries
* Zweig Music Collection at the British Library
* Stefan Zweig Collection at the Daniel A. Reed Library, State University of New York at Fredonia, Fredonia, New York
* Stefan Zweig Online Bibliography, a wiki hosted by Stefan Zweig Digital, in Salzburg, Austria
* Stefan Zweig's suicide letter on the National Library of Israel's website | WIKI |
Checking for vulnerabilities in Docker container images
It’s very likely that you are using a Docker container image for cloud native application. In which case, you’re probably also worry for possible security vulnerabilities in your base image.
As part of my daily work (I work for IBM), I use the IBM Bluemix Container Registry service. This service offers a Vulnerability Advisor which can let you know if there are any identified vulnerabilities in the image and also offer a detailed report. Nice.
I decided to create a Jenkins job that will check daily for such issues.
Here it is.
Note: since this is part of an IBM Bluemix service, use of the Bluemix CLI and Container Registry plug-in is required.
#!groovy
pipeline {
stages {
stage ("Check for vulnerability") {
environment {
JENKINSBOT = credentials('${JENKINSBOT_USERNAME_PASSWORD}')
}
steps {
script {
// Login to Bluemix and the Bluemix Container Registry
sh '''
bx login -a ... -c ... -u $JENKINSBOT_USR -p $JENKINSBOT_PSW
bx target -r ...
bx cr login
'''
// Check for image vulnerability
isVulnerable = sh(script: "bx cr images --format '{{if and (eq .Repository \"registry.ng.bluemix.net/certmgmt_dev/node\") (eq .Tag \"6-alpine\")}}{{eq .Vulnerable \"Vulnerable\"}}{{end}}'", returnStatus: true)
if (isVulnerable == 1) {
slackSend (
channel: "...",
color: "#F01717",
message: "@iadar *Vulnberability Checker*: base image vulnerability detected! Run the following for a detailed report: ```bx cr va registry-name/my-namespace/node:6-alpine```"
)
}
}
}
}
}
}
A cleaning strategy for a Docker registry
With the DevOps pipeline maturing and deployment of multiple containers for multiple micro-services taking place, it became evident quite quickly that space is running out and a cleaning strategy is needed.
One way to do this is to clean the repository from images that are older than a set number of days, say, 5 days.
I am using the Bluemix Container registry so bx cr can simply be replaced with docker.
In the pipeline, use:
sh '''
timestamp=$(date +%s -d "5 day ago")
bx cr images --format "{{if ge $timestamp .Created}}{{.Repository}}:{{.Tag}}{{end}}" | xargs -r bx cr image-rm
'''
I use the above snippet after I have successfully built the Docker container image > pushed it to the registry and updated the image (in my case, in the Kubernetes cluster).
So, I first save in a shell variable the date value of 5 days ago. Then, using the Go format command (Docker uses Go templates) I iterate through the image repositories and compare the repository creation date with the value in $timestamp. Once it is “5 days old, or more” I delete it.
The enclosed {{.Repository}}:{{.Tag}} is important. It makes the image name and tag values available for the piped command that follows it.
xargs -r ensures the piped command will not execute if no result is passed to it (e.g., no images are >= 5 days old).
For production scenario you may want to ensure you images quota is big, so you could store images for cases where you might need to rollback, and adjust the script accordingly, or possibly also use your own storage solution for Docker container images such as jFrog Artifactory or Nexus Repository, etc.
Additionally, I also docker rmi 0.0.$BUILD_NUMBER the Docker container image that I build at the very beginning of the deployment stage of the pipeline as the image is pushed to the registry, and so there is no need to store it twice: in the build machine and in the registry.
Deploying to a Kubernetes cluster
As you may know, Kubernetes is all the rage these days. Kubernetes. Its feature list is impressive and it is no wonder why it is the go-to system of orchestrating your containers.
Kubernetes is an open-source system for automating deployment, scaling, and management of containerized applications.
I wanted to share my pipeline for building and updating containers in a Kubernetes cluster. In fact it’s quite straightforward. The pipeline includes: building a Docker container image, pushing the image to a container registry and updating the container image used in a Pod.
My environment is based in IBM Bluemix, so some commands will not apply…
stage ("Publish to Kubernetes cluster") {
environment {
JENKINSBOT = credentials('credentials-ID')
}
when {
branch "develop"
}
steps {
script {
STAGE_NAME = "Publish to Kubernetes cluster"
// Login to Bluemix and the Bluemix Container Registry
sh '''
bx login ...
bx cr login
'''
// Build the Docker container image and push to Bluemix Container Registry
sh '''
docker build -t registry.../myimage:0.0.$BUILD_NUMBER --build-arg NPM_TOKEN=${NPM_TOKEN} .
docker push registry.../myimage:0.0.$BUILD_NUMBER
'''
// Check for image vulnerabilities - applies only if you have such a service...
isVulnerable = sh(script: "bx cr images --format '{{if and (eq .Repository \"registry.../myimage\") (eq .Tag \"0.0.$BUILD_NUMBER\")}}{{eq .Vulnerable \"Vulnerable\"}}{{end}}'", returnStatus: true)
if (isVulnerable=="true") {
error "Image may be vulnerable! failing the job."
}
// Apply Kubernetes configuration and update the pods in the cluster
sh '''
export KUBECONFIG=/home/idanadar/.bluemix/plugins/container-service/clusters/certmgmt/kube-config.yml
kubectl set image deployment myimage myimage=registry.../myimage:0.0.$BUILD_NUMBER --record
'''
// If reached here, it means success. Notify
slackSend (
color: '#199515',
message: "$JOB_NAME: <$BUILD_URL|Build #$BUILD_NUMBER> Kubernetes pod update passed successfully."
)
}
}
}
Notes:
* I use $BUILD_NUMBER as the means to tag the image.
* I use a pre-defined export... to configure the session with the required configuration for the kubectl CLI to know which cluster to work with.
* The Bluemix Container Registry provides image scanning for vulnerabilities!
* I use kubectl set image ... to update the image used in the Pod(s). Works great with the replica setting.
More on Kubernetes in a later blog post. | ESSENTIALAI-STEM |
R. Brognard Okie
Richardson Brognard Okie Jr. (1875-1945) was an American architect. He is noted for his Colonial-Revival houses and his sensitive restorations of historic buildings.
Biography
Okie was born in Camden, New Jersey, to Dr. Richardson B. and Clara Mickle Okie. He grew up in Chester County, Pennsylvania, graduated from the architecture program at the University of Pennsylvania in 1897, and briefly studied in Europe. He gained practical experience from a summer (1896) spent with William L. Price. After college he was employed by Arthur S. Cochran and soon became his associate. In 1899, he formed a partnership with architects H. Louis Duhring Jr. and Carl Ziegler, that lasted until 1918. He practiced independently until his death in 1945. In his later years he was joined by his son Charles (b. 1915).
He designed a re-creation of George Washington's "President's House" as an attraction at the 1926 Sesquicentennial Exposition in Philadelphia; a re-creation of Pennsbury Manor, William Penn's manor house on the Delaware River, as a museum for the Commonwealth of Pennsylvania; and restored the Betsy Ross House in Philadelphia as a museum. He also designed dozens of exquisitely-detailed Colonial-Revival houses in the suburbs surrounding Philadelphia. He bought his own house, "Hillside" in Radnor, Pennsylvania, in 1901, and tinkered with it periodically. It remains in his family's possession.
A number of his works are listed on the U.S. National Register of Historic Places. Okie's papers are held by the Pennsylvania Historical and Museum Commission in Harrisburg, Pennsylvania.
Selected works
* Alterations to Bolingbroke Mansion, King of Prussia Road, Radnor, Pennsylvania (1901 and 1908). Now the rectory of St. Martin's Episcopal Church.
* Overfields (Joseph W. Sharp, Jr., house), Sugartown Road, Berwyn, Pennsylvania (1902).
* Addition to Pine Forge Mansion, Pine Forge Road and Douglass Drive, Pine Forge, Douglass Township, Berks County, Pennsylvania (1919), NRHP-listed.
* Appleford, 770 Mount Moro Road, Villanova, Pennsylvania (1920s).
* Re-creation of The President's House, Sesquicentennial Fairgrounds, Philadelphia (1925–26, demolished). Headquarters for the Daughters of the American Revolution during the 1926 World's Fair.
* Squirrel Run (S. Hallock duPont residence), 9 Barley Mill Road, Wilmington, Delaware (1926–27).
* Restoration of Roughwood, 107 Old Lancaster Road, Devon, Pennsylvania (1928–30), NRHP-listed.
* Additions to Hillside, King of Prussia Road, Radnor, Pennsylvania (1929). Okie's own house.
* Restoration of Paxton Church, Sharon Street, Paxtang, Pennsylvania (1930).
* Library addition to Buena Vista, 661 South Dupont Highway, Saint Georges, Delaware (1932), NRHP-listed.
* Alterations to Mansion House, Reading Furnace Historic District, Mansion Rd., Warwick Township, Pennsylvania (1936), NRHP-listed.
* Re-creation of Pennsbury Manor, Falls Township, Bucks County, Pennsylvania (1936–39), NRHP-listed.
* Restoration of Betsy Ross House, 239 Arch Street, Philadelphia (1937–41).
* Commissioned to design the Hopeman Estate Home in Waynesboro, Virginia for Mr. A.A. Hopeman Jr.
* Junction of Goshen and Providence Roads.pngions to South Brook Farm, Street and Bird Roads, East Marlborough Township, Chester County, Pennsylvania (1940), NRHP-listed. Now the New Bolton Center of the University of Pennsylvania School of Veterinary Medicine.
* Restoration of St. Peter's Church in the Great Valley, St. Peter's Road, East Whiteland Township, Chester County, Pennsylvania (1940s), NRHP-listed.
* Merestone, Yeatman's Station Rd., New Garden Township, Pennsylvania (1942), NRHP-listed. The 3-acre property straddles the border between Pennsylvania and Delaware.
* White Horse Historic District, Goshen and Providence Roads, Willistown Township, Pennsylvania, NRHP-listed.
* The Moore-Irwin House in King of Prussia. Okie twice provided additions and restoration for owner Alexander D. Irwin in the 1930's, '40's. The estate was formerly General Peter Muhlenberg's Headquarters' during the Revolutionary War Winter Encampment at Valley Forge, and is where George Washington wrote in his diary of lodging and fishing during a break in the Constitutional Convention, while also meeting there with two other Founding Fathers, Gouverneur Morris and Robert Morris.
* Addition to Abraham Hall House, 7005 Goshen Road (1930s). A later addition is attributed to Charles Okie.
* Restoration of White Horse Inn, 6154 Goshen Road (c. 1940). The stone building was moved about 100-feet back from the highway.
* Restoration of Mary Yarnall House, 7002 Goshen Road (1940s). Charles Okie designed the garage, c. 1950.
* Restoration of Charles Mendenhall House, 7004 Goshen Road (1940s). Charles Okie designed the garage, c. 1950.
* Restoration of Caleb Yarnall House, 7008 Goshen Road (1949). Charles Okie. | WIKI |
Use this URL to cite or link to this record in EThOS: https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.771541
Title: CMOS-compatible graphene-silicon photodetectors
Author: Selvi, Hakan
ISNI: 0000 0004 7658 8103
Awarding Body: University of Manchester
Current Institution: University of Manchester
Date of Award: 2019
Availability of Full Text:
Access from EThOS:
Access from Institution:
Abstract:
Graphene is an attractive material to realize ultrafast and broadband photodetectors (PDs) owing to its versatile electronic and optical properties such as high charge carrier mobilities and flat, broadband optical absorption spanning the technologically highly relevant spectral range from the near-UV to the short-wave IR. The co-integration of graphene with silicon technology in the back-end-of-line CMOS process allows the realization of a functional hybrid platform for optoelectronic applications that is suitable for large scale fabrication. This thesis presents careful investigations of the optoelectronic characteristics of graphenesilicon (Gr-Si) Schottky junction photodiodes. Gr-Si PDs with various device architectures and according fabrication processes were developed to study devices under optical excitation over a broad spectral range at varying optical powers from continuous wave to high speed excitation. The influence of the substrate and interface properties on the optoelectronic properties of Gr-Si PDs was determined using various characterization techniques such as current-voltage, capacitance-voltage and temperature-dependent measurements. The impact of interfacial oxide layer on optoelectronic characteristics and light detection capabilities of Gr-Si Schottky junction photodiodes was studied under a broad spectral illumination ranging from the near-UV to the short-/mid-infrared (thermal) wavelength regime. Results show that employment of a thin (~2 nm) native oxide layer at the Gr-Si interface is beneficial to improve photodetection properties of such devices. The interfacial oxide layer enhances current rectification and photon detectivities by decreasing the leakage current and enhances the photovoltage responsivity. Fabrication processes were translated from standard bulk silicon substrate to silicon-oninsulator (SOI) substrates to realize Gr-Si PDs with a reduced active silicon layer thickness of ~10 µm. Decreasing the active silicon layer leads to a significant improvement in the response speed of the devices with only a minor decrease in responsivity compared to that of devices fabricated on bulk silicon substrates in the wavelength range λ = 800..1100 nm. Further, diode characteristics can be tuned by modifying the silicon topography. Results show that integration of micro-optical elements in the silicon surface through patterning enables control of the spectral response and angular dependence of the photodiodes. Based on the fabricated devices and their different architectures, important figures of merit (FOM) of Gr-Si PDs could be evaluated. Specifically, FOM such as responsivities, dark noise levels, noise equivalent power and detectivities were determined which allows comparing and evaluating the performance of Gr-Si PDs with alternative devices and materials. In summary, this thesis presents novel fabrication processes and device architectures for Gr-Si PDs, quantifies their performance, and evaluates the importance of the interfacial layer for device operation. It lays out possible routes for the development of more sensitive, faster, and CMOS-compatible Gr-Si PDs for free-space light detection ranging from the visual to short-wave infrared wavelength ranges.
Supervisor: Halsall, Matthew ; Echtermeyer, Tim Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID: uk.bl.ethos.771541 DOI: Not available
Keywords: Graphene ; Schottky junction ; Schottky photodiodes ; Graphene photodetectors ; CMOS
Share: | ESSENTIALAI-STEM |
3 Supercharged Growth Stocks Down 70% to 88% That Billionaires Can't Stop Buying
This hasn't been an easy year for the investing community. Since hitting their respective all-time closing highs between six and eight months ago, the timeless Dow Jones Industrial Average, broad-based S&P 500, and growth-driven Nasdaq Composite have tumbled by as much as 19%, 24%, and 34%. In fact, the S&P 500 just turned in its worst first-half performance in 52 years!
Yet in spite of this miserable performance, billionaire money managers haven't been deterred from putting their money to work. Even though the following three supercharged growth stocks have fallen between 70% and 88% from their all-time closing highs, filings with the Securities and Exchange Commission (SEC) show that billionaires can't stop buying them.
Image source: Getty Images.
Pinterest: Down 77% from its all-time high
The first hypergrowth stock that at least one billionaire money manager can't seem to get enough of is social media stock Pinterest (NYSE: PINS). According to a report from The Wall Street Journal late last week, Elliott Management, which is headed by billionaire activist investor Paul Singer, had acquired a 9% stake in Pinterest.
Activist investors often move in when they feel a company's current management team isn't doing enough to create shareholder value. Although it's a bit too early to tell what Elliott Management might have in mind, activist investors typically push for a company to sell itself or offer up board seats to the activist investor(s) in question. The key point is that investor activism tends to be a positive for shareholders more often than not.
However, there's actually a lot more to like about Pinterest than just Singer's involvement.
In recent quarters, skeptics have been fixated on Pinterest's declining monthly active users (MAU) and the potential for Apple's iOS data-tracking changes to hurt Pinterest's ad-driven operating model. But if you dig beyond the surface, you'll find that neither of these objections holds much water.
As an example, Pinterest's four-quarter MAU decline can be explained by COVID-19 vaccination rates ticking up and people getting out of their homes more often. If you pan out five years and disregard the initial COVID-19 MAU pop and drop, user growth has been climbing steadily.
More importantly, Pinterest has had no trouble monetizing its users. Global average revenue per user (ARPU) rose 28% in the first quarter, with even more robust ARPU growth observed in international markets. This pretty clearly demonstrates that merchants are willing to pay a premium to reach Pinterest's 433 million MAUs.
Additionally, the entire premise of Pinterest's platform is to have users willingly share the things, places, and services that interest them. In other words, the company doesn't need data-tracking approval to help merchants target users. This unique aspect of Pinterest's operating model should allow it to become a relevant e-commerce player over time.
Cronos Group: Down 88% from its all-time high
A second supercharged growth stock that's been beaten to a pulp, yet is still a magnet for billionaires' money, is Canadian licensed marijuana producer Cronos Group (NASDAQ: CRON). Even though shares of Cronos have fallen 88% from their 2019 high, it didn't deter Millennium Management's Israel Englander from acquiring nearly 1.23 million shares during the first quarter.
Three years ago, Canadian marijuana stocks like Cronos Group were expected to be the cream of the crop in the high-growth cannabis industry. But Canadian regulators and the country's pot stocks grossly mismanaged their opportunity. A slow dispensary approval process in key markets (like Ontario), coupled with overzealous acquisitions, doomed much of the industry to a massive underperformance.
If there's a silver lining for Cronos Group, it's that the company has a close-knit relationship with tobacco stock Altria Group (NYSE: MO). Altria took a 45% equity stake in Cronos, totaling $1.8 billion, in March 2019. Even though that equity stake has plummeted in value, Altria appears to be committed to helping Cronos succeed if an avenue to enter the more lucrative U.S. cannabis market were to open up. Altria has a rich history of product development and marketing, and could certainly bring its distribution expertise to the table.
Unfortunately, it could be a long time before Congress changes its tune on cannabis in the United States. All previous attempts to move forward with federal legalization reforms have died in the Senate. Even with a Democrat majority in the Senate, there don't appear to be enough votes to consider federal legalization anytime soon.
For Cronos Group, this lack of federal reform in the U.S. will likely doom it to ongoing operating losses. Canadian consumers have gravitated to value cannabis products, which isn't an area Cronos was counting on to drive its top and bottom lines. Although Cronos is sitting on a hearty amount of cash that should help buffer its downside, there just aren't any catalysts to suggest there's much in the way of upside, either.
The Lucid Air electric sedan. Image source: Lucid Group.
Lucid Group: Down 70% from its all-time high
A third supercharged growth stock that's been pulverized, yet remains a target for billionaire money managers, is electric vehicle (EV) manufacturer Lucid Group (NASDAQ: LCID). The company losing 70% of its value since February 2021 didn't stop Coatue Management's Philippe Laffont from buying nearly 2.97 million shares of Lucid during the first quarter.
In many ways, EVs are viewed as a no-brainer investment opportunity. Developed countries want to take steps to reduce their carbon footprints and slow or halt climate change. Pushing consumers and businesses to make the transition to EVs and other clean-burning energy sources is, arguably, one of the easiest ways to achieve this. Since Lucid had nearly $5.4 billion in cash at the end of the first quarter, it's viewed as one of the better-capitalized EV-focused brands.
What's more, Lucid Group has the potential to become "the next Tesla (NASDAQ: TSLA)." After watching Tesla build itself from the ground up to mass production, investors have become fixated on finding the next success in the auto industry. The company's Lucid Air sedans are effectively aiming to ride Tesla's coattails by cornering a large percentage of the well-to-do/premium EV sedan market. With Tesla mostly focused on its more affordable Model 3 these days, the premium sedan category is ripe for the picking.
However, COVID-related supply issues, coupled with persistent semiconductor chip shortages, have hit the auto industry hard. Despite strong initial demand -- Lucid claimed to have over 30,000 Lucid Air reservations as of early May 2022 -- the company is calling for just 12,000 to 14,000 sedans produced in 2022. That's well below the 20,000 EVs Wall Street had initially expected.
Even more problematic is the fact that Lucid delayed the launch of its Project Gravity SUV by a year to 2024. Delaying the launch of a differentiating product while the company is burning copious amounts of capital and attempting to boost global production is less than ideal.
Even though Lucid has clearly caught the attention of a successful billionaire money manager, it's not yet clear that the company will survive, let alone thrive, over the long run.
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Andrew Douglas Maclagan
Sir Andrew Douglas Maclagan PRSE FRCPE FRCSE FCS FRSSA (17 April 1812, in Ayr – 5 April 1900, in Edinburgh) was a Scottish surgeon, toxicologist and scholar of medical jurisprudence. He served as president of 5 learned societies: the Royal Medical Society (1832), the Royal College of Surgeons of Edinburgh (1859–61), the Royal College of Physicians of Edinburgh (1884–87), the Royal Society of Edinburgh (1890–5), and the Royal Scottish Society of Arts (1900).
Life
He was born on 17 April 1812 in Ayr to the Scottish physician David Maclagan FRSE (1785–1865), and Jane Whiteside.
He was the elder brother of William Dalrymple Maclagan, who would become Archbishop of York; and of the engineer and soldier Gen Sir Robert Maclagan. His youngest brother was the eminent accountant, David Maclagan FRSE (1824-1883) manager of the Edinburgh Life Assurance Company.
Douglas was educated at the Royal High School and the University of Edinburgh, graduating in 1833. He subsequently toured hospitals in London and in continental Europe with James Young Simpson.
On his return to Scotland, Maclagan was appointed Assistant Surgeon at the Royal Infirmary of Edinburgh. He lectured on Materia Medica at the Edinburgh Extramural School of Medicine 1845-1862. Maclagan was a close friend of toxicologist Robert Christison, and he developed an interest in toxicology and forensic medicine.
In 1837 Maclagan was elected a member of the Harveian Society of Edinburgh and served as President in 1854. He served a second term as President in 1882, which was the centenary of the Society. He was elected a Fellow of the Royal Society of Edinburgh in 1843, his proposer being Robert Christison. He served as their Curator 1856-1878, Vice President 1878-1890, and President 1890-1895. In 1843 Maclagan was also elected a member of the Aesculapian Club and is by a considerable margin its longest serving member; he remained an active participant in the Club until his death.
Maclagan was appointed to the Chair of Medical Jurisprudence and Public Health at the University of Edinburgh in 1862, retiring in 1897. This included some of the world's first lectures on Forensic Science.
He died at home, 28 Heriot Row in Edinburgh on 5 April 1900.
He is buried with his wife and children in Dean Cemetery on the west side of Edinburgh. He is buried in his father's plot, against the north wall of the original cemetery, backing onto the north extension.
Trials of Note
In his role both as a toxicologist and forensic scientist Maclagan gave evidence in many trials, including some very notable cases:
* Junior assistant to Robert Christison in the medical evidence for the Burke and Hare trial
* Affirmed the victim was poisoned by arsenic in the Madeleine Smith trial (1857)
* Affirmed use of poison in the trial of Eugene Marie Chantrelle (1878)
Artistic Recognition
A bust of Maclagan by Sir John Steell is held at the Royal College of Physicians of Edinburgh.
Positions of Note
* President of the Royal Medical Society 1832
* President of the Harveian Society of Edinburgh 1854 and 1882
* President of the Royal College of Surgeons of Edinburgh 1859-1861
* President of the Royal College of Physicians of Edinburgh 1884-1887
* President of the Royal Society of Edinburgh 1890-1895
* Honorary Fellow of the Pharmaceutical Society of Britain
* President of the Royal Scottish Society of Arts 1900
* Brigade Surgeon to the Royal Company of Archers
Honours
Maclagan was knighted in 1886.
Publications
* A probationary essay on carbuncle (1833)
* Cases of Poisoning with Remarks (1849)
* Nugae canorae medicae: lays by the poet laureate of the New Town Dispensary (1850)
Family
Maclagan was married to Elizabeth Allan Thomson (d.1885). They had twin daughters who died in infancy in 1842, plus a further infant daughter who died in 1850.
A son, David Philip Maclagan, was a surgeon in the Royal Navy and died in Honduras in 1860, aged only 23.
Nellie, their only surviving daughter, died in 1892 aged 48.
His son Dr Robert Craig Maclagan FRSE (1839–1919) was a prominent physician and anthropologist. | WIKI |
Paul OLIVERI, Plaintiff, v. Joseph THOMPSON, Badge # 381, individually and as a Detective of the Suffolk County, New York Police Department; Gerald Giammatteo, Badge # 2547, individually and as a Police Officer of the Suffolk County, New York Police Department; Julius Cseh, Badge # 426, individually and as a Detective of the Suffolk County, New York Police Department; Donald J. Dilworth, individually and as Commissioner of the Suffolk County, New York Police Department; Patrick Henry, individually and as District Attorney of Suffolk County; County of Suffolk, Defendants-Appellees Cross-Appellants. Appeal of Arthur V. GRASECK, Jr., Appellant-Cross Appellee.
Nos. 1147, 1281, Docket Nos. 86-7054, 86-7086.
United States Court of Appeals, Second Circuit.
Argued April 28, 1986.
Decided Oct. 15, 1986.
Ramsey Clark, New York City (Morton Stavis, William M. Kunstler, New York City, Center for Constitutional Rights, of counsel), for appellant-cross appellee.
Robert Calica, Garden City, N.Y., (Reisman, Peirez, Reisman & Calica, Myra L. Paiewonsky, Richard Mathews, of counsel), for defendants-appellees-cross-appellants, County of Suffolk.
Benjamin Greshin, Smithtown, N.Y., for Suffolk County Bar Ass’n, amicus curiae.
Before NEWMAN, PIERCE, and PRATT, Circuit Judges.
GEORGE C. PRATT, Circuit Judge:
Most lawyers who litigate in our federal courts perform their function at a commendable level of professionalism, advancing claims and defenses with the zeal of a trained advocate, but properly tempering enthusiasm for a client’s cause with careful regard for the obligations of truth, candor, accuracy, and professional judgment that are expected of them as officers of the court. Because, we suppose, in a system as large and diverse as our federal court system, it is inevitable that a few attorneys will occasionally fall short in these professional obligations, sanctions against attorneys play a limited but necessary role in the administration of our civil justice system. Severe forms of misconduct have traditionally been subject to contempt citations, review by bar association grievance committees, and in extreme cases, suspension or disbarment. In recent years, however, increasing attention has been focused upon lesser sanctions as a means of fine-tuning our litigation system to weed out some of its abuses and to improve its dispute-resolving function.
At issue on this appeal is one of those lesser sanctions — requiring an offending attorney to pay his adversary’s attorneys’ fee as part of the damage caused by asserting and continuing to litigate frivolous claims. Specifically, we are called upon to decide whether the district court’s award of $5,000 in attorneys’ fees against plaintiff’s attorney for instituting and maintaining the underlying § 1983 action on behalf of an arrestee against three Suffolk County police officers, their commissioner, the district attorney, and the county itself, was proper when imposed under 28 U.S.C. § 1927 and rule 11 of the Federal Rules of Civil Procedure.
The sanctioned attorney, Arthur Y. Graseck, Jr., has appealed, contending (a) that the award under § 1927 was unsupported by specific findings of subjective bad faith and improper purpose, (b) that rule 11 was improperly applied to the continuation of a properly initiated claim after the attorney should have known it was not well grounded in fact, (c) that the district court should have considered the deterrent effect of its decision on the few attorneys in Suffolk County who have been willing to represent unpopular plaintiffs in civil rights cases, (d) that the district court improperly ignored defendants’ failure to seek earlier dismissal of the allegedly frivolous claim, and (e) that an evidentiary hearing was required before imposing the sanction.
In opposing the main appeal the county contends that the district court properly sanctioned attorney Graseck under § 1927 and rule 11. By a cross-appeal the county also contends that the district court erred in reducing their attorneys’ actual expense of $51,112.50 to the $5,000 sanction imposed, a reduction made because the district court found, after a hearing, that Graseck was unable to pay a higher sum.
Mindful of the marked increase in incidents that have prompted sanctions against attorneys by the district courts as well as by this court, and acutely aware that we must not “stifle the enthusiasm or chill the creativity that is the very lifeblood of the law”, Eastway Construction Corp. v. City of New York, 762 F.2d 243, 254 (2d Cir.1985), we address the important issues presented, first taking up by way of background the underlying routine “drug bust” that precipitated both plaintiff’s civil rights claim and defendants’ desire to impose sanctions on plaintiff's attorney for bringing that claim.
I BACKGROUND
A. Facts Underlying The Section 1983 Claim.
Many of the underlying facts are undisputed. On August 26, 1982, plaintiff Oliveri was arrested by three Suffolk County police officers acting undercover in a “buy and bust” operation with a twist: it had no “buy”. Oliveri’s arrest was forcible, the degree of force being in dispute. When arrested, Oliveri had no drugs in his possession. Taken to police headquarters at Hauppauge, New York, Oliveri was charged with attempted criminal sale of a controlled substance, heroin, in violation of sections 110.00 and 220.41 of the Penal Law of the State of New York, the asserted basis for the charge being that Oliveri had offered to sell detective Joseph Thompson one ounce of heroin for $1,000.
Oliveri was held in custody for six days until September 1 when he was released on his own recognizance by a judge of the Suffolk County District Court. Two weeks later the charges were dismissed on motion of an assistant district attorney. A representative of the district attorney’s office had offered to dismiss the charges if Oliveri would release the county and its employees of any liability for the arrest and prosecution. Oliveri refused, but the charge was dismissed anyway.
B. Facts Related By Client Oliveri To Attorney Graseck.
Since the sanction under consideration on this appeal was imposed on attorney Graseck, our factual focus must be on the information available to him at the relevant times. We begin, therefore, with what Oliveri told Graseck before the complaint was prepared and filed. According to Oliveri, on the night of his arrest he arrived at about 7:30 p.m. at McTee’s Bar in Hauppauge where he met a man who identified himself as “Jay” (defendant Cseh, a Suffolk County police officer acting undercover). Oliveri had no money, but for a period of at least two hours “Jay” plied Oliveri with drinks. As Oliveri became drunk, their small talk turned to drugs, and eventually “Jay” took Oliveri outside to introduce him to a friend who was seeking to purchase heroin. The friend (defendant Thompson, who, like Cseh, was a Suffolk County police officer acting undercover) engaged in a conversation with Oliveri after which Oliveri left to make a phone call, borrowing 30 cents from “Jay” for that purpose.
After he left the phone booth and while walking away from the undercover officers, Oliveri’s arm was grabbed and pinned behind his back. The person who grabbed him then lifted him off the ground in a chokehold, carried him seventy-five feet across a parking lot, and smashed his face against the trunk of a car, causing his mouth, gums, and lips to bleed. Defendant Thompson told Oliveri he was going to spend 25 years to life in jail if he did not tell Thompson “where he could go bust somebody for drugs.” Oliveri said he did not know where he could do that. According to Oliveri, he was then beaten by three or four police officers and taken away in the car to be arraigned.
C. Attorney Graseck’s Own Investigation.
Graseck had extensive experience in criminal and civil rights cases in Suffolk County largely with indigent defendants, many of them members of minority groups. To him, Oliveri’s story of arbitrary and brutal conduct by Suffolk County police officers had a familiar ring. Before filing the complaint at issue here, however, Graseck not only interviewed Oliveri at length, but he also obtained a copy of his eligibility questionnaire from the Legal Aid Society, which had represented Oliveri after his arrest. Graseck also obtained copies of the police and court records relating to Oliveri’s arrest, incarceration, and release.
Speaking to Oliveri, Graseck noticed that he spoke slowly and often repeated himself. To Graseck, Oliveri appeared emotionally disturbed. Hospital records that Graseck later obtained confirmed that Oliveri suffered from prior brain damage.
D. The Complaint.
Based on his interview with Oliveri, his familiarity with other cases against Suffolk County police officers, and his review of documents, Graseck prepared and filed the complaint. Against police officers Thompson, Giammatteo, and Cseh, Graseck asserted claims of unconstitutional arrest and excessive force. Against Thompson, who signed the felony complaint, he charged malicious prosecution. Against Commissioner Dilworth and the County of Suffolk, he claimed a failure to train, supervise, and discipline the three officers. Against District Attorney Henry, the complaint sought an injunction barring the practice of seeking a release of civil rights claims as a condition for dismissal of criminal charges.
E. Pretrial Proceedings.
For lack of funds Graseck did not depose the defendants. He did serve written interrogatories, some of which were not fully answered until shortly before trial. Included in defendants’ response to the interrogatories were two pieces of evidence that were to prove critical to the trial court’s imposition of sanctions. One was two photographs of Oliveri that defendants represented had been taken approximately one hour after his arrest. The other was a transcript and tape recording of the conversation between Oliveri and officer Thompson that led up to his arrest. According to the defendants, this evidence completely negated Oliveri’s claims.
The photographs, which were of Oliveri from approximately the waist up, revealed no obvious sign of physical abuse. The tape recording, according to defendants, established conclusively that Oliveri offered to sell heroin to Thompson, thereby providing probable cause for the arrest and felony complaint and eliminating the possibility of any unconstitutional arrest and prosecution.
Defendants Dilworth, Henry, and Suffolk County were represented by the County Attorney’s office. The individual police officers were represented by separate counsel, selected by the officers but paid by the county, in order to avoid a potential conflict of interest problem condemned by this court in Dunton v. County of Suffolk, State of New York, 729 F.2d 903, 908 (2d Cir.1984). Defendants deposed Oliveri.
F. Defendants’ Last Minute Motions and The Trial.
After the jury was sworn, but before opening statements, defendants moved for summary judgment dismissing all claims, relying on the tape recording, the photographs, and Oliveri’s deposition. Although the district judge denied defendants’ motion as untimely, he did dismiss the claim against District Attorney Henry on the ground that Oliveri, who had refused to sign the release requested by the D.A.’s office, lacked standing to bring the claim. Simultaneously, Graseck voluntarily withdrew the claims against Suffolk County and Police Commissioner Dilworth. The remaining claims of false arrest and excessive force against the three police officers, and malicious prosecution against officer Thompson proceeded to trial.
Not surprisingly, when the police officers testified at trial to the events leading to Oliveri’s arrest, their version contrasted sharply with the story initially told by Oliveri to Graseck and repeated in his trial testimony. According to the officers, Oliveri was observed, on April 24, two days before his arrest, by officer Giammatteo at a shopping center. Giammatteo’s suspicion was aroused when he observed Oliveri approaching and trying to speak with various groups of young people, many of whom turned away when Oliveri began to speak. Later that evening officers Giammatteo and Cseh observed Oliveri at McTee’s Bar. A possible drug sale was mentioned, and Oliveri allegedly agreed to meet with the undercover officers the following night to consummate the transaction. Although Oliveri did not show up at the appointed time, he was observed later that evening arriving and leaving McTee’s without incident.
The encounter that led to the arrest began at approximately 8:00 p.m. on the following day, April 26. According to the officers, Oliveri repeatedly assured them that he could obtain heroin and offered to sell one ounce to Thompson for $1,000, thereby supplying the requisite probable cause for his arrest. Oliveri resisted the arrest, the officers testified, and they employed only the force necessary to subdue him and effect the arrest.
By special verdicts the jury found for defendants, determining specifically that the arrest was based on probable cause, that none of the defendants had used excessive force either in making the arrest or while plaintiff was in custody, and that defendant Thompson had not signed the felony complaint maliciously.
After dismissing the jury, the trial court commented that:
this plaintiff [Oliveri], in my opinion, he lied, committed perjury beyond a reasonable doubt[,] and if I thought that he was a normal individual I might very well have this record sent to the United States Attorney for possible prosecution. There is something wrong with this plaintiff and he may very well be a danger to the community as well as to himself, but there is no question in my mind, that he committed perjury.
# * * * * *
Mind you, in my humble opinion, if there were no tape of the proof of what went on that would have been enough[,] but to have them on tape and when it was argued that he spoke the same way on August 26 on the tape as he did when he testified in his slow and holding [halting?] manner, when the tape was played I had forgotten the tempo. There was no question he was negotiating like a real drug dealer, no hesitation there.
Joint App. at 799-800.
On direction of the court the clerk entered judgment dismissing the complaint.
G. The Motion for Sanctions.
All of the foregoing is only background for the sanctions application which precipitated this appeal. Soon after the trial, defendants made a joint motion for sanctions against attorney Graseck under both rule 11 of the Federal Rules of Civil Procedure and 28 U.S.C. § 1927, seeking excess costs, expenses, and reasonable attorneys’ fees and expenses totalling $51,112.50. They also sought a similar award against Oliveri under 42 U.S.C. § 1988. Ultimately, the district court found both Graseck and Oliveri liable “for attorney’s fees and costs for instituting meritless claims and for continuing the prosecution of claims after it became apparent that they were without a factual or legal basis.” Oliveri v. Thompson, No. CV 83-3572, order on application to award costs, at 15 (E.D.N.Y. Nov. 13, 1985) [hereinafter cited as district court’s order].
Because there was some question about Graseck’s ability to pay an award of that amount, the district court scheduled a hearing to determine the issue. Following the hearing, the court determined that attorney Graseck was unable to pay the full amount of attorney’s fees and disbursements claimed by the county, and awarded $5,000 to the county against attorney Graseck and $500 to the county against Oliveri whose indigency was not in dispute. The court noted expressly that the award against Oliveri was under 42 U.S.C. § 1988, and that the award against attorney Graseck was under 28 U.S.C. § 1927 and rule 11. The court stayed execution of the awards pending this appeal. Attorney Graseck has appealed; plaintiff Oliveri has not.
II DISCUSSION
A. Sanctions Generally.
Even though the subject of sanctions is a distasteful one for any court, increasing tensions in and occasional abuses of the judicial system have prompted both judges and legislators to turn toward sanctions as a means of improving the litigation process. Unfortunately, however, we do not yet have an integrated “code” of sanctions to supply coherent guidance. Indeed, the sources of judges’ sanctioning power are diverse, and the standards invoked have not always been either clear or consistently applied. We think it helpful, therefore, to review some of the bases for the imposition of sanctions, particularly in the form of attorneys’ fees, to attempt to reconcile the precedents discussing and applying sanctions, and to present what we regard as the current status of the law for the imposition of sanctions on attorneys and parties, all with a view toward facilitating disposition of future disputes in this area.
In our review of the different bases for sanctions, we shall consider the different sources of sanctioning power, against whom the sanction may be imposed, and the standard which determines whether it should be imposed. We note preliminarily that sanctions for misconduct and abuse of the legal system seem to be inevitably interwoven with the problems of shifting the burden of attorneys’ fees, which have become the primary cost factor in litigation. For a prevailing party to recover all or part of the burden imposed by the fees his attorney charges could be viewed as an aspect of compensation for damages inflicted by the other party. Shifting that burden might also be viewed as a penalty imposed for either bringing an unsuccessful lawsuit or for unsuccessfully defending against a meritorious lawsuit. Indeed, there is no clear line between attorneys’ fees as damages and attorneys’ fees as sanctions.
We turn then to the primary sources of a district court’s power to impose sanctions and shift the burden of attorneys’ fees. We shall consider (1) the “American Rule”, (2) inherent power, (3) 42 U.S.C. § 1988, (4) 28 U.S.C. § 1927, and (5) rule 11 of the Federal Rules of Civil Procedure.
1. The “American Rule”.
The so-called “American Rule” is the background against which all discussion of shifting the burden of attorneys’ fees must be viewed. This rule is that “[i]n the United States, the prevailing litigant is ordinarily not entitled to collect a reasonable attorneys’ fee from the loser.” Alyeska Pipeline Service Co. v. Wilderness Society, 421 U.S. 240, 247, 95 S.Ct. 1612, 1616, 44 L.Ed.2d 141 (1975). It is with the exceptions to this rule, statutory and judge-made, that we are concerned.
2. Inherent Power.
Under the inherent power of the court to supervise and control its own proceedings, an exception to the American Rule has evolved which permits the court to award a reasonable attorneys’ fee to the prevailing party when the losing party has “acted in bad faith, vexatiously, wantonly, or for oppressive reasons * * * F.D. Rich Co., Inc. v. United States ex rel. Industrial Lumber Co., Inc., 417 U.S. 116, 129, 94 S.Ct. 2157, 2165, 40 L.Ed.2d 703 (1974). Awards under the inherent power exception to the American Rule may be made against the losing party or against the attorney for the losing party. See, e.g., Dow Chemical Pacific Ltd. v. Rascator Maritime S.A., 782 F.2d 329, 344 (2d Cir.1986) (award made against party); Weinberger v. Kendrick, 698 F.2d 61, 80-81 (2d Cir.1982) (award made against attorney), cert. denied, 464 U.S. 818, 104 S.Ct. 77, 78 L.Ed.2d 89 (1983).
This bad-faith exception permitting an award of attorneys’ fees is not restricted to cases where the action is filed in bad faith. An inherent power award may be imposed either for commencing or for continuing an action in bad faith, vexatiously, wantonly, or for oppressive reasons. “ ‘[B]ad faith’ may be found, not only in the actions that led to the lawsuit, but also in the conduct of the litigation.” Hall v. Cole, 412 U.S. 1, 15, 93 S.Ct. 1943, 1951, 36 L.Ed.2d 702 (1973); see Browning Debenture Holders’ Committee v. DASA Corp., 560 F.2d 1078, 1088 (2d Cir.1977). This circuit has interpreted the standard restrictively:
To ensure, however, that fear of an award of attorneys’ fees against them will not deter persons with colorable claims from pursuing those claims, we have declined to uphold awards under the bad-faith exception absent both “ ‘clear evidence’ that the challenged actions ‘are entirely without color, and [are taken] for reasons of harassment or delay or for other improper purposes’ ” and “a high degree of specificity in the factual findings of [the] lower courts.”
Dow Chemical Pacific Ltd., 782 F.2d at 344 (citations omitted); see Weinberger, 698 F.2d at 80; Nemeroff v. Abelson, 620 F.2d 339, 348 (2d Cir.1980); Browning Debenture Holders’ Committee, 560 F.2d at 1089.
3. 42 U.S.C. § 1988.
Section 1988, in language identical or similar to a number of statutory fee shifting provisions, provides that in certain types of civil rights actions, “the court, in its discretion, may allow the prevailing party ... a reasonable attorney’s fee as part of the costs.” 42 U.S.C. § 1988. Although the court below awarded $500 to the County of Suffolk against plaintiff Oliveri under this section, that part of the order has not been appealed, so this section is not before us for review. It is mentioned here only to fill out the picture of attorneys’ fees and sanctions, and to highlight some of its similarities to and differences from awards grounded in other sources.
An award under § 1988 is available to the prevailing party and is charged against the losing party, not his attorney. In order to further the policies underlying the civil rights statutes the Supreme Court has applied a bifurcated interpretation to the term “prevailing party”. If a plaintiff prevails, then attorneys’ fees are ordinarily allowed the plaintiff unless “special circumstances would render such an award unjust”. Newman v. Piggie Park Enterprises, Inc., 390 U.S. 400, 402, 88 S.Ct. 964, 966, 19 L.Ed.2d 1263 (1968) (per curiam).
A different standard applies when a defendant prevails, for there attorneys’ fees may be awarded only if the court finds that the plaintiff’s claim was “ ‘frivolous, unreasonable, or groundless, or that the plaintiff continued to litigate after it clearly became so.’ ” Hughes v. Roe, 449 U.S. 5, 15, 101 S.Ct. 173, 178, 66 L.Ed.2d 163 (1980) (per curiam) (quoting Christiansburg Garment Co. v. EEOC, 434 U.S. 412, 422, 98 S.Ct. 694, 701, 54 L.Ed.2d 648 (1978)). Significantly, the detailed findings of bad faith necessary to justify invocation of the inherent power exception to the American Rule are not a prerequisite to an award of attorneys’ fees under § 1988. See Davidson v. Keenan, 740 F.2d 129, 133 (2d Cir.1984). Indeed, subjective bad faith is not even a requirement for imposition of sanctions in favor of a prevailing defendant. “The proper test for that award is whether the claim itself is clearly meritless. * * * [I]f a claim is groundless, the mere fact that the plaintiff relies on his attorney’s erroneous contrary advice does not relieve him of liability * * * ”. Id.
4. 28 U.S.C. § 1927.
Unlike § 1988, which shifts attorneys’ fees from one party to another, § 1927, entitled “Counsel’s liability for excessive costs”, imposes liability for misconduct on “any attorney or other person admitted to conduct cases in any court”. 28 U.S.C. § 1927. The section provides that any such person “who so multiplies the proceedings in any case unreasonably and vexatiously may be required by the court to satisfy personally the excess costs, expenses, and attorneys’ fees reasonably incurred because of such conduct.” Id. For many years § 1927 imposed a burden only for excess costs and expenses, which only rarely involved significant sums. As a result it generated very little litigation. See Roadway Express v. Piper, 447 U.S. 752, 759-64, 100 S.Ct. 2455, 2460-63, 65 L.Ed.2d 488 (1980). Since 1980, however, when it was amended by adding attorneys’ fees as part of the sanction, much greater use has been made of this section.
Section 1927 also differs from § 1988 in that it applies a uniform standard for the imposition of sanctions, whether the person against whom fees are assessed represented the plaintiff or the defendant. As noted by the Supreme Court:
[Section] 1927 does not distinguish between winners and losers, or between plaintiffs and defendants. The statute is indifferent to the equities of a dispute and to the values advanced by the substantive law. It is concerned only with limiting the abuse of court processes. Dilatory practices of civil rights plaintiffs are as objectionable as those of defendants.
Roadway Express, 447 U.S. at 762, 100 S.Ct. at 2462.
When congress amended § 1927 in 1980 to include attorneys’ fees among the category of expenses that a court might require an attorney to satisfy personally, it made clear that the purpose of the statute was “to deter unnecessary delays in litigation.” H.R.Conf.Rep. No. 1234, 96th Cong., 2d Sess. 8, reprinted in 1980 U.S. Code Cong. & Ad. News, 2716, 2782; see Cheng v. GAF Corp., 713 F.2d 886, 890 (2d Cir.1983). Imposition of a sanction under § 1927 requires a “clear showing of bad faith”. Kamen v. American Telephone & Telegraph Co., 791 F.2d 1006, 1010 (2d Cir.1986) (quoting State of West Virginia v. Chas. Pfizer & Co., 440 F.2d 1079, 1092 (2d Cir.), cert. denied, 404 U.S. 871, 92 S.Ct. 81, 30 L.Ed.2d 115 (1971)). Like an award made pursuant to the court’s inherent power, an award under § 1927 is proper when the attorney’s actions are so completely without merit as to require the conclusion that they must have been undertaken for some improper purpose such as delay. See Acevedo v. Immigration and Naturalization Service, 538 F.2d 918, 920 (2d Cir.1976). Although our precedents have not always made this bad-faith re quirement clear, see Cheng, 713 F.2d at 891 n. 3 (stating that it need not be decided whether an award under § 1927 requires a finding of bad faith or merely “unreasonable conduct”), we hold today that an award made under § 1927 must be supported by a finding of bad faith similar to that necessary to invoke the court’s inherent power, accord Colucci v. New York Times Co., 533 F.Supp. 1011, 1013-14 (S.D.N.Y.1982) (Weinfeld, J.). Indeed, the only meaningful difference between an award made under § 1927 and one made pursuant to the court’s inherent power is, as noted above, that awards under § 1927 are made only against attorneys or other persons authorized to practice before the courts while an award made under the court’s inherent power may be made against an attorney, a party, or both.
5. Rule 11, Federal Rules of Civil Procedure.
Rule 11, requires that “[e]very pleading, motion, and other paper of a party represented by an attorney shall be signed” by the attorney. It then provides that:
the signature of an attorney or party constitutes a certificate by him that he has read the pleading, motion, or other paper; that to the best of his knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.
Fed.R.Civ.P. 11.
For enforcement of this requirement the rule further provides:
If a pleading, motion, or other paper is signed in violation of this rule, the court, upon motion or upon its own initiative, shall impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion, or other paper, including a reasonable attorney’s fee.
Id.
From this language it is apparent that a sanction for attorneys’ fees may be imposed either on the attorney who signs a paper, or on the party he represents, or on both. The key to rule 11 lies in the certification flowing from the signature to a pleading, motion, or other paper in a lawsuit. While a continuing prohibition against dilatory litigation is imposed by § 1927, see Roadway Express, 447 U.S. at 757, 100 S.Ct. at 2459; Browning Debenture Holders’ Committee, 560 F.2d at 1088, rule 11, by contrast, deals with the signing of particular papers in violation of the implicit certification invoked by the signature.
Rule 11 applies only to the initial signing of a “pleading, motion, or other paper”. Limiting the application of rule 11 to testing the attorney’s conduct at the time a paper is signed is virtually mandated by the plain language of the rule. Entitled “Signing of Pleadings, Motions, and Other Papers; Sanctions”, the rule refers repeatedly to the signing of papers; its central feature is the certification established by the signature.
In addition, when rule 11 was amended in 1983 to make sanctions mandatory, the rule was also amended to include the words “motion or other paper” each time after the word “pleading” was used. Thus, amended rule 11 applies to every paper signed during the course of the proceedings and not only to the pleadings. While the drafters of the rule could easily have further extended its application by referring to the entire conduct of the proceedings, they failed to do so and instead chose to expand only the categories of papers to which the rule applies.
Moreover, the advisory committee note to the amended rule states that the signer’s conduct is to be judged as of the time the pleading or other paper is signed. Fed.R.Civ.P. 11 advisory committee note. It is difficult to imagine why this comment would be made if the rule were meant to impose a continuing obligation on the attorney. See Utica Mutual Ins. Co. v. Firemans Fund Ins. Cos., 613 F.Supp. 1134, 1137 (S.D.N.Y.1985).
In support of its argument that the rule imposes a continuing obligation on the signing attorney, the county relies on our decision in United States v. Carley, 783 F.2d 341 (2d Cir.1983). There, the sanctioned attorney had repeatedly asserted frivolous arguments concerning the constitutionality of the tax laws before both this court and the district court. Although the opinion did not specifically state that Carley was sanctioned because he had signed a paper in violation of the rule, a reading of that opinion makes it clear that several papers were involved including, inter alia, a complaint and the briefs before this court. There was no indication in the opinion that any of the papers involved complied with rule 11 when signed. Indeed, they could not have, since Carley’s prior appeals to this court had established, beyond question, that the positions asserted by Carley were entirely without merit. Thus, Carley does not stand for the proposition that where, as here, an attorney continues prosecution of a claim that has become frivolous only after the signing of the relevant paper, that attorney may be subject to sanctions under rule 11.
The standards for assessing the propriety of the signer’s conduct under rule 11 were recently articulated in Eastway Construction Corp. v. City of New York, 762 F.2d 243 (2d Cir.1985). Eastway disposed of the notion that an attorney’s subjective good faith could serve as a “safe harbor” against the imposition of sanctions, id. at 253, and established an objective standard, holding that sanctions shall be imposed when it appears that a competent attorney could not form the requisite reasonable belief as to the validity of what is asserted in the paper, id. at 254. Although Eastway might be read as leaving open the possibility of imposing rule 11 sanctions where the attorney is guilty of a subjective violation of the rule, we hold today that there is no necessary subjective component to a proper rule 11 analysis. Removing any subjective good faith component from rule 11 analysis should reduce the need for satellite litigation when a district court is called upon to impose a rule 11 sanction.
As a final matter we note that in imposing rule 11 sanctions, the court is to avoid hindsight and resolve all doubts in favor of the signer. As we stated in Eastway, rule 11 is violated only when it is “patently clear that a claim has absolutely no chance of success.” 762 F.2d at 254.
B. Sanctions Imposed Below.
Turning from the general considerations about attorneys’ fees and sanctions, we now take up the specific sanction at issue on this appeal and the problems relating to it. To begin with, no appeal was taken from the award to Suffolk County of $500 attorneys’ fees against plaintiff Oliveri; consequently, there is no issue before us arising under § 1988. The only sanction now before us is the $5,000 in attorneys’ fees awarded to Suffolk County against attorney Graseck. In imposing that sanction the district court did not rely on the bad faith exception to the American Rule, but instead specifically invoked § 1927 and rule 11.
In making its decision, the district court spoke in general terms and awarded attorneys’ fees and costs against both Graseck and Oliveri “for instituting meritless claims and for continuing the prosecution of claims after it became apparent that they were without a factual or legal basis.” District court’s order at 15. To validly impose a sanction of attorneys’ fees in this case, however, closer analysis than this is required.
The complaint prepared and filed by Graseck was brought against six defendants: three police officers, the police commissioner, the district attorney, and the County of Suffolk. Since the claims asserted against these defendants varied, whether or not a competent attorney after reasonable investigation would have asserted each of those claims also varies. Against all three police officers, Graseck advanced claims of unconstitutional arrest and excessive force both during the arrest and while Oliveri was in custody. Against officer Thompson, Graseck advanced a claim of malicious prosecution. Against the police commissioner, the complaint charges a failure of responsibility toward the conduct, training, and supervision of the three police officers. Against the district attorney, the complaint charges the implementation of a policy of attempting to coerce defendants into signing releases of civil rights claims against county employees before agreeing to dismiss charges against arrestees. Against Suffolk County, the complaint charges authorization, condonation, and/or approval of the acts of the other defendants. The complaint concludes with a demand for judgment, jointly and severally, against all the defendants for a total of $3,000,000 in damages plus a permanent injunction against the practice of demanding a civil release of liability through the use of coercive prosecutorial power. The complaint is signed “Arthur V. Graseck, Jr.”. We shall consider these claims separately.
1. Unconstitutional Arrest.
Graseck included the claims of unconstitutional arrest based upon the story told him by his client Oliveri, his own experience in litigating against the Suffolk County police, the arrest records, the felony complaint charging an attempted sale of heroin, and the court records showing dismissal of the complaint on motion of the assistant district attorney. Drawing on his prior experience with the practices of the Suffolk County district attorney in prosecuting narcotics cases, Graseck reasonably concluded that the arresting officers lacked probable cause when they took Oliveri into custody. The district court likewise assumed that when Graseck drew the complaint he “believed ‘after reasonable inquiry [that the action against Thompson, Giammatteo, and Cseh was] well grounded in fact and [was] warranted by existing law.’ rule 11, Fed.R.Civ.P., and that it did not multiply the proceedings ‘unreasonably and vexatiously’ 28 U.S.C. § 1927.” District court’s order at n. 5.
All that changed, however, according to the district court, when defendants turned over to Graseck the transcript of the tape recording of the events during and immediately preceding Oliveri's arrest. According to the district court “[a] reading of the transcript of the tape should have convinced Graseck that the arresting officers had probable cause to believe that Oliveri was involved in the sale and distribution of heroin prior to August 26; that he attempted to contact a source of supply when he returned to McTee’s Pub; and that he offered to sell one ounce of heroin for the sum of one thousand ($1,000) dollars.” Id. at 13. According to the district court, after Graseck received a transcript of the tape he “should have discontinued the action.” Id. at 15.
With respect to the claims against the three officers alleging lack of probable cause to arrest, we disagree with the district court. Since we have held that rule 11 does not impose a continuing obligation, and since we agree with Judge Mishler’s determination that Graseck did not violate rule 11 merely in bringing the unconstitutional arrest claims, we necessarily review Graseck’s actions with respect to those claims under only § 1927.
Oliveri was charged with attempting to sell heroin. To constitute an attempt under New York law, Oliveri’s conduct would have to have “carrped] the project forward within dangerous proximity to the criminal end to be attained.” People v. Ditchik, 288 N.Y. 95, 41 N.E.2d 905 (1942) (quoting People v. Werblow, 241 N.Y. 55, 61-62, 148 N.E. 786, 789 (1925)). Here, however, after the officers got Oliveri drunk, he suggested he could make a phone call to set up a delivery. The officers did not question Oliveri’s authenticity as a drug dealer even though he said he could get 75% pure heroin, a dramatically higher purity than the 3% to 5% the undercover officer expected in such a street deal. In addition, Oliveri had no drugs on his person and stated that he had no money, as he had to borrow thirty cents to make the phone call. When he walked toward the phone booth, one officer remarked that they then had enough on the tape. Thus, they decided to arrest him even before he made the call, and, in fact, he still had the thirty cents on him when he was arrested, which indicates that the call, as Oliveri testified at trial, was never even made.
The words spoken by Oliveri, his conduct, his apparent unsophistication in drug dealing, and the peculiar circumstances of his dealings with the undercover officers do leave open a question of whether the officers had probable cause to arrest him for an attempted sale of heroin. In any event, the dispositive question is not whether probable cause existed for Oliveri’s arrest, but whether Graseck had a reasonable basis for a good faith belief that Oliveri’s claims were colorable after he listened to the tape recording. Even if probable cause existed, on this record we cannot say that the tape recording of the activities leading to Oliveri’s arrest, when viewed in light of the surrounding circumstances, constituted clear evidence that the unconstitutional arrest claims were continued by Graseck in bad faith, the standard necessary to support a violation of § 1927. Accord Dow Chemical Pacific, Ltd., 782 F.2d at 344 (applying inherent power standard). A lawyer pursuing a civil rights claim is not liable for his adversary’s attorneys’ fees simply because his adversary prevails. Moreover, we note that the findings of the district court speak in terms too general to meet the “high degree of specificity” that we have required to support an award made pursuant to § 1927. Id. (quoting Weinberger, 698 F.2d at 80). Therefore, we reverse the imposition of sanctions for failure to withdraw the claims of unconstitutional arrest.
2. Excessive Force.
Part of Oliveri’s claim against the officers was that as a group they employed excessive force in taking him into custody. According to Oliveri, one of the officers grabbed him from behind in a chokehold, carried him 75 feet across a parking lot, and threw him face down on the trunk of the police car. Later, he testified, the officers took turns in beating him.
On this claim, too, the trial court assumed that the initial complaint of excessive force was well grounded in fact — the basis therefor apparently being Oliveri’s own story. The district court held, however, that once attorney Graseck was provided with two photographs claimed to have been taken of Oliveri at police headquarters an hour after the incident, he was obliged, on penalty of sanction, to discontinue the excessive force claim. The only discussion of this point in the district court’s decision is: “the claim of assault at the car during the search is met by the picture of Oliveri taken soon after the alleged assault.” District court’s order at 15.
As with the claim for unconstitutional arrest then, the sanction in connection with the claimed excessive force was imposed for failure to withdraw the claim. Failure to withdraw a paper, in this instance a complaint asserting a claim that later proved to be groundless, does not violate rule 11, and, therefore, we consider the propriety of imposing the sanction pursuant to § 1927 only.
These police photographs are not the kind of clear evidence that would require withdrawal of this excessive force claim. The photographs were taken while Oliveri was in custody, and were taken by and kept in the control of the police. Even if they are assumed to be fair and accurate representations of Oliveri’s condition one hour after the incident, all they reveal is an absence of blood or obvious lacerations. Oliveri’s beard, mustache, and long, unkempt hair make drawing conclusions from these photographs about less obvious injuries a doubtful process. While the photographs do raise credibility questions about Oliveri’s story of being thrown face down on the trunk of the car, they do not foreclose the claim, nor do they exclude the possibility of excessive force in administering the chokehold or in the later beating described by Oliveri. Indeed, at the end of the tape recording of the events that took place just prior to Oliveri’s arrest, are gasping sounds that arguably corroborate Oliveri’s story of the chokehold.
Heavily coloring the district court’s decision on this point, we suspect, was its conclusion, having observed Oliveri’s testimony at trial, that he was “unworthy of belief and his testimony was incredible.” District court’s order at 11. It goes too far, however, to impose monetary sanctions on an attorney on the ground that his client is not worthy of belief. Section 1927 was not intended to require an attorney to pass judgment on the credibility of his client on pain of a monetary sanction in the form of paying adversaries’ attorneys’ fees should he evaluate that credibility contrary to the district court’s view. Preservation of the attorney-client relationship, as well as the language of § 1927 that sanctions only unreasonable and vexatious conduct, require a cautious approach toward any claim of sanction grounded on issues of credibility. We hold, therefore, that to the extent that the district court imposed on Graseck a sanction for failing to discontinue Oliveri’s claims of excessive force, it erred. Therefore, the imposition of sanctions for that claim is reversed.
3. Malicious Prosecution Against Officer Thompson.
Oliveri claimed that his constitutional rights were also violated by officer Thompson’s filing the felony complaint against him, knowing that there was no probable cause to believe the crime had been committed. This claim is governed by the same considerations as the unconstitutional arrest claim discussed above. Oliveri’s story, coupled with Graseck’s own experience and investigation, provided sufficient basis for bringing the malicious prosecution claim. In addition, the tape recording, as previously indicated, does not provide clear evidence that Graseck’s decision to continue the malicious prosecution claim constituted bad faith sufficient to violate § 1927. Consequently, sanctions were not appropriate under either rule 11 or § 1927, and, to the extent the district court awarded sanctions for failure to withdraw the malicious prosecution claim against officer Thompson, we reverse.
4. Unconstitutional Release Policy of District Attorney.
One of the major claims asserted by Oliveri was his effort to enjoin District Attorney Henry from further implementation of his policy of seeking to obtain releases of civil rights claims from criminal defendants as a condition for discontinuing prosecutions. This practice has been condemned by several courts. See, e.g., Rumery v. Town of Newton, 778 F.2d 66, 71 (1st Cir.1985) (Timbers, J.), cert. granted, --- U.S. ---, 106 S.Ct. 1633, 90 L.Ed.2d 179 (1986); Henzel v. Gerstein, 608 F.2d 654, 657 n. 4 (5th Cir.1979); Boyd v. Adams, 513 F.2d 83, 88 (7th Cir.1975).
The district court, however, found the claim frivolous and sanctionable not on the merits, but on the ground that since Oliveri had refused to sign the tendered waiver, he lacked standing to challenge its validity. We do not here decide the issue of standing because it is not before us; but we note that, like the merits of the claim, standing to assert it is not an easy question. Certainly, Graseck’s claim against the district attorney fell far short of the type of frivolous, vexatious multiplication of proceedings that is prohibited by § 1927. We think further that there was a sufficient basis under the objective standard of rule 11 for assertion of the claim. When Graseck’s complaint was filed, the Supreme Court had not yet decided Lyon v. City of Los Angeles, 461 U.S. 95, 103 S.Ct. 1660, 75 L.Ed.2d 675 (1983). Even that decision, however, does not make it so clear that Oliveri totally lacked standing to assert this particular claim. To the extent, therefore, that the district court imposed its sanction for having either asserted or continued the claim against District Attorney Henry for implementing a questionable release policy, we conclude that the court erred, and we reverse.
5. Claims Against Commissioner Dilworth and the County of Suffolk.
These claims, according to the district court, were instituted “without any factual basis whatsoever”. The complaint alleges that Dilworth, as police commissioner, was responsible for the conduct, training, and supervision of the defendant officers. It states that he was sued individually and in his official capacity. Graseck’s allegations against the county are similar to those lodged against Dilworth and refer to the failure to “properly discipline, restrict and control employees” and the failure to take adequate precautions in the hiring, assignment, and retention of police personnel.
Nothing in the complaint or in any of the subsequent proceedings indicated any involvement of Commissioner Dilworth in his individual capacity. To the extent that Dilworth was sued in his official capacity, the complaint alleges no more than, and is to be judged by the same standard as, a claim against the county itself, Kentucky v. Graham, 473 U.S. 159, 105 S.Ct. 3099, 3105, 87 L.Ed.2d 114 (1985); Brandon v. Holt, 469 U.S. 464, 105 S.Ct. 873, 878, 83 L.Ed.2d 878 (1985); that standard requires proof of a municipal policy whose implementation infringed plaintiff's constitutional rights, Monell v. Department of Social Services of the City of New York, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978).
These types of claims against government entities and supervisors are frequently asserted in police misconduct cases; indeed, the allegations made here give the appearance of “boiler-plate” claims. We recognize, however, that when commencing a suit of this type neither the plaintiff nor his attorney is likely to know much about the relevant internal operations of the police department, nor about the disciplinary history and record of the particular police officers involved. In view of the strong policies favoring suits protecting the constitutional rights of citizens, we think it would be inappropriate to require plaintiffs and their attorneys before commencing suit to obtain the detailed information needed to prove a pattern of supervisory misconduct in the form of inadequate training, improper policies, and toleration of unconstitutional actions by individual police officers. A plaintiff does not have to be prepared to meet a summary judgment motion as soon as the complaint is filed. Kamen v. American Telephone & Telegraph Co., 791 F.2d 1006, 1011-12 (2d Cir.1986).
Here, the district court imposed a sanction, noting that the claims against the commissioner and the county were instituted without any factual basis. While it may be true that Graseck was not in possession of facts that would support the allegations of improper training and supervision of the officers who participated in Oliveri’s arrest, it. is also true that Graseck was not in possession of facts that would negate the claim, and he was familiar with many similar claims against the same agency, some of them successful after trial, some of them settled. Moreover, it is extremely unlikely that before formal discovery any citizen would or could be in possession of such information; consequently, if sanctions were to bar possible exploration of such claims, the agency would be effectively immunized even if it were engaged in unconstitutional policies and practices.
We note that this is the type of claim that can easily be disposed of without putting the government to the expense of a trial. A limited amount of discovery, whether conducted openly or in camera, will generally reveal whether or not the claim has merit.
Indeed, that was the case here. Graseck, after being denied access to the relevant files by the county, despite proper discovery requests therefor, was finally permitted, upon the order of the United States Magistrate, to review those files. After doing so, Graseck concluded that his claims against the county and Dilworth were without merit, and he withdrew them before trial began. Although it would have been preferable to conduct such discovery shortly after this action was initiated, we cannot fault Graseck for the delay. Rather, it was the county’s recalcitrance that delayed the relevant discovery to the eve of trial. Since we find no fault in Graseck’s instituting the claims against the commissioner and the county, and since the delay in their withdrawal was due in significant part to the county’s conduct, we reverse the order of the district court insofar as it imposed a sanction based on the claims against Commissioner Dilworth and the County of Suffolk.
6. Claims Under 42 U.S.C. §§ 1981 and 1985(3).
The district court held that these claims in the complaint were “devoid of any factual basis” and were “frivolous, unreasonable, without foundation, and brought in bad faith.” District court’s order at 13. Absent from the complaint and from any of the circumstances suggested by the underlying events is any suggestion of racial discrimination as required by § 1981 or of “ ‘racial, or perhaps otherwise class-based, invidiously discriminatory animus’ ” as required by § 1985(3). United Brotherhood of Carpenters & Joiners of America v. Scott, 463 U.S. 825, 835, 103 S.Ct. 3352, 3359, 77 L.Ed.2d 1049 (1983) (quoting Griffin v. Breckenridge, 403 U.S. 88, 102, 91 S.Ct. 1790, 1798, 29 L.Ed.2d 338 (1971)). Attorney Graseck has not attempted to defend the inclusion of these claims in the complaint; apparently, they are routine, boiler-plate allegations included by him in his many civil rights complaints.
Since enactment of the amendment to rule 11 that requires more careful investigation and consideration of claims before including them in a complaint, such boilerplate allegations are not only improper, but subject to an appropriate sanction. Nevertheless, from the record before us, it appears doubtful whether anyone gave these claims serious consideration or devoted any significant work toward disposing of them; therefore, any technical violation of rule 11 that may have occurred was de minimis. That sanctions are not warranted on these claims is made even more apparent by the fact that defendants waited until after jury selection before moving to dismiss those claims they now urge to be so patently frivolous as to require sanctions for merely asserting them. As a general principle, it would be inequitable to permit a defendant to increase the amount of attorneys’ fees recoverable as a sanction by unnecessarily defending against frivolous claims which could have been dismissed on motion without incurring the additional expense. Thus, to the extent the district court sanctioned Graseck for the § 1981 and § 1985(3) claims, we reverse. We caution the bar that we disapprove of the inclusion in complaints of boiler-plate allegations of civil rights claims such as § 1981 and § 1985(3) when the plaintiff clearly does not fall into a protected class.
C. Type and Extent of Sanction.
1. General Principles.
The Supreme Court has warned against creating a second lawsuit over attorneys’ fees. See Hensley v. Eckerhart, 461 U.S. 424, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983). To deal effectively, fairly, and efficiently with sanction claims, district courts have a difficult task, but wide discretion. In exercising that discretion, however, it is essential that the questions be closely analyzed and that proper sanctioning principles be applied. In this opinion we have attempted to supply some guidance to that end.
Courts should be sensitive to the impact of sanctions on attorneys. They can be economically punishing, as well as professionally harmful; due process must be afforded. Fed.R.Civ.P. 11 advisory committee note. This does hot mean, necessarily, that an evidentiary hearing must be held. At a minimum, however, notice and an opportunity to be heard is required. Here, “the judge’s participation in the proceedings provide[d] him with full knowledge of the relevant facts”, id., and we find no fault in the procedures followed by the district court in handling this sanction application. Certain additional problems are presented, however.
2. Special Rules for Sanctions in Civil Rights Cases?
Graseck argues, and in this he is supported by an amicus brief from the Suffolk County Bar Association, that special treatment of sanctions should be given to attorneys who handle unpopular civil rights claims, particularly those representing indigents and minority clients. We reject this claim out of hand.
All attorneys are to be held to the same standards of conduct, no matter who their clients are. As the Supreme Court noted in Roadway Express, “[dilatory practices of civil rights plaintiffs are as objectionable as those of defendants.” 447 U.S. at 762, 100 S.Ct. at 2462. Underlying the various rules imposing sanctions for attorney misconduct is a premise that all attorneys are expected to conduct themselves and their lawsuits according to the standards necessary for the proper, efficient functioning of our legal system. Attorney Graseck is entitled to no special consideration simply because he is willing to represent clients who are rejected by many other attorneys. While he may deserve praise for his willingness, to undertake such cases, he still must perform his function as an attorney in a professional manner and according to the standards of the system.
3. Adjustment of Sanction for Ability to Pay?
On its cross-appeal the County of Suffolk contends that judgment should have been entered for the full $51,112.50 in attorneys’ fees it has incurred in defending against all these claims, and that the district court erred when it reduced the amount of the sanction to only $5,000 on the ground that attorney Graseck could not afford to pay more. While this contention is now moot in light of our determination that no sanction may be imposed, we note that given the underlying purpose of sanctions — to punish deviations from proper standards of conduct with a view toward encouraging future compliance and deterring further violations — it lies well within the district court’s discretion to temper the amount to be awarded against an offending attorney by a balancing consideration of his ability to pay. Munson v. Friske, 754 F.2d 683, 697 (7th Cir.1985); Arnold v. Burger King Corp., 719 F.2d 63, 68 (4th Cir.1983), cert. denied, 469 U.S. 826, 105 S.Ct. 108, 83 L.Ed.2d 51 (1984); Durrett v. Jenkins Brickyard, Inc., 678 F.2d 911, 916-17 (11th Cir.1982); Farad v. Hickey-Freeman Co., 607 F.2d 1025, 1028 (2d Cir.1979).
CONCLUSION
Without differentiating among defendants and particular claims, the district court concluded in general that Graseck was liable under both rule 11 and § 1927 for both instituting and continuing merit-less claims. Because of their leveraged impact in the litigation process, however, sanctions against attorneys should not be given such a broad-brush approach. More precise analysis shows that Graseck could not be sanctioned either under rule 11 or § 1927 for instituting or continuing to litigate the claims of unconstitutional arrest and malicious prosecution. In addition, it was improper to impose any sanction for continuing the excessive force claims against the three police officers, for asserting the attack on the release policy of the district attorney, for asserting and continuing to the eve of trial the claims against the county and Commissioner Dilworth, or for initially asserting the claims under 42 U.S.C. §§ 1981 and 1985(3).
Reversed. | CASELAW |
Symbols:S
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Second
$\mathrm s$
The symbol for the second is $\mathrm s$.
Its $\LaTeX$ code is \mathrm s .
Set
$S$
Used to denote a general set.
The $\LaTeX$ code for \(S\) is S .
Algebraic Structure
$S$
Used to denote a general algebraic structure, in particular a semigroup.
In this context, frequently seen in the compound symbol $\struct {S, \circ}$ where $\circ$ represents an arbitrary binary operation.
The $\LaTeX$ code for \(\struct {S, \circ}\) is \struct {S, \circ} .
South
$\mathrm S$
South is the direction on (or near) Earth's surface along the meridian directly towards the South Pole.
The $\LaTeX$ code for \(\mathrm S\) is \mathrm S .
Southeast
$\mathrm {SE}$
Southeast is the direction on (or near) Earth's surface halfway between south and east.
The $\LaTeX$ code for \(\mathrm {SE}\) is \mathrm {SE} .
Southwest
$\mathrm {SW}$
Southwest is the direction on (or near) Earth's surface halfway between south and west.
The $\LaTeX$ code for \(\mathrm {SW}\) is \mathrm {SW} .
Set of Permutations
$S_n$
The set of permutations of $\N_n$ is denoted $S_n$.
The $\LaTeX$ code for \(S_n\) is S_n .
Symmetric Group
$\struct {S_n, \circ}$
Let $S_n$ denote the set of permutations on $n$ letters.
Let $\struct {S_n, \circ}$ denote the symmetric group on $S_n$.
Then $\struct {S_n, \circ}$ is referred to as the symmetric group on $n$ letters.
The $\LaTeX$ code for \(\struct {S_n, \circ}\) is \struct {S_n, \circ} .
Signum Function
$\map \sgn x$
Let $X \subseteq \R$ be a subset of the real numbers.
The signum function $\sgn: X \to \set {-1, 0, 1}$ is defined as:
$\forall x \in X: \map \sgn x := \sqbrk {x > 0} - \sqbrk {x < 0}$
where $\sqbrk {x > 0}$ etc. denotes Iverson's convention.
That is:
$\forall x \in X: \map \sgn x := \begin{cases} -1 & : x < 0 \\ 0 & : x = 0 \\ 1 & : x > 0 \end{cases}$
The $\LaTeX$ code for \(\map \sgn x\) is \map \sgn x .
Filtering Function
$\map {\operatorname {sinc} } x$
The filtering function is the real function $\operatorname {sinc}: \R \to \R$ defined as:
$\forall x \in \R: \map {\operatorname {sinc} } x := \dfrac {\sin \pi x} {\pi x}$
where $\sin$ denotes the (real) sine function.
The $\LaTeX$ code for \(\map {\operatorname {sinc} } x\) is \map {\operatorname {sinc} } x .
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State of the Art Firewall Hardware and Firewall Management Is Critical for the Protection of Your Infrastructure.
Your firewall is the guardhouse that sits between your network and the dangers that lurk everywhere on the internet. The software that runs your firewall device is the traffic cop that watches carefully for suspicious traffic trying to access your network.
But that’s just the starting point.
Next-generation firewalls offer a host of functionalities that form a critical part of your security matrix.
• Geolocation – Because IP addresses change and can be spoofed, next-gen firewalls have the capability of blocking traffic from countries or specific regions. Alternatively, geolocation can be used to direct traffic from specific countries or regions to the office your company has set up to serve that region.
• Intrusion Detection and Prevention Systems – Software within the firewall checks data packets to determine whether or not they look suspicious. This functionality relies on constantly updated firewall threat signature databases and is most effective if managed by firewall maintenance professionals.
• Antivirus/Anti-Malware – Viruses and common malware are often blocked by antivirus software housed within the firewall. Again, the databases of known viruses and malware must be regularly updated for the antivirus within a firewall to be effective.
• Sandboxing – When a next-gen firewall spots a suspicious data packet, it directs it to a “sandbox.” The sandbox is a fake operating system that allows the automatic tools and firewall management team to see if suspicious data packet acts in a malicious manner when it comes into contact with a “target” operating system. In the sandbox, a threat can be contained and destroyed.
• Web Proxy – Because much of the traffic through a firewall is encrypted, a web proxy is useful. It works inside the encrypted HTTPS session, decrypting the session so the firewall software can see what’s happening and search for troubling anomalies.
• URL Checking – Cybersecurity specialists keep lists of URLs that are commonly associated with malware, spyware, and hacking activity. These lists are kept current, and they allow a URL checking and blocking firewall feature to be effective against known threat vectors using known URLs.
• Reverse Proxy – A reverse proxy is a server that acts as a separate “reception area” for requests sent from other servers to your main servers. This separation of the “reception area” and “backend” allows for greater security, scalability, and compliance.
• Web Application Firewall – Web Application Firewalls are most commonly used to decrypt data packets so they can be examined before they hit their target.
• Load Balancing – When activity ramps up, and your web traffic is high, load balancing is an effective way of making distributed use of your existing resources, so one resource isn’t overloaded while others are sitting nearly idle.
• Threat Intelligence – This is a subscription service function. Next-gen firewalls are set up to download information about current and horizon-level threats in order to protect your systems against those potential attacks.
• Behavior Analysis – Data traffic, like people, acts in predictable ways. When traffic behaves in a way that is unexpected, it triggers a red flag and is quarantined for further inspection.
• Central Management – Next-gen firewalls can be configured, monitored, and updated from a central control panel. This allows for fast, efficient updates and incident response.
What Next-Generation Firewall Hardware Should I Buy?
There are several reputable firewall manufacturers, that can be taken into consideration in this discussion. Each has its pros and cons. It’s best to speak to an unbiased firewall specialist from Hill Tech Solutions before buying and implementing a firewall solution. However, here are some general points to consider.
• What is the firewall manufacturer’s reputation?
• How good is the firewall manufacturer’s user support?
• Is the firewall you are considering compatible with your current systems?
• Can the firewall you are considering handle the increase in traffic that will occur as your company grows?
• Who is going to implement the firewall you buy? Are they familiar with the brand and model you are considering?
• Who is going to keep the firewall updated to spot current and emerging threats?
• Is the firewall manufacturer a leader in the cybersecurity arena or simply a company that makes firewalls?
Hill Tech Solutions Ranked Among Maryland Most Elite 501 Managed Service Providers! See Details | ESSENTIALAI-STEM |
Automatically filling in the UK COVID test results page with Selenium IDE
Lots of people are filling in the extremely detailed UK government COVID test result page twice every week.
It asks you to fill in a very large list of details, most of which are the same every time, but it doesn’t remember what you typed last time.
I didn’t want to write a Python script or similar to enter my results, because I wanted to check I’d done it right, and because there is a captcha at the end that is clearly intended to prevent automation like that.
However, with a Selenium IDE script, I can drive my browser, watching what it does and checking the input, and manually filling in the captcha and final double-check page.
In case it’s helpful, here is the script I created: report-covid-test.side.
You can create one for each child if you have several, filling in school name, NHS number, names, date of birth etc. in the script and re-using it, modifying it each time to enter the bar code number for the test itself.
To use it you’ll need the Selenium IDE plugin for firefox, or Selenium IDE plugin for another browser.
I’d recommend loading this script into the Selenium IDE plugin in Firefox, looking through it and editing the values that say “ENTER…HERE”, then clicking Run Script and watching it fill in values.
It doesn’t actually submit the result, so you can always check and modify it manually if something doesn’t work out, before clicking the last couple of buttons to submit.
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user3599280 user3599280 - 9 months ago 70
Python Question
tkinter populate treeview using threading pool
I'm looking for "best" way to populate treeview using threads.
I have multiple mail account which I'm checking for new emails.
My plan is to use
Queue
to store accounts which will be checked
using
check_mail
method. This method will return a list of new
mails.
Can I use another
Queue
which I will populate with new mails and
somehow loop while threads are alive?
Is there any thread-safe, good pattern to solve this?
Answer
Your question is very broad, so this answer will also be.
Generally speaking, tkinter doesn't play well with multi-threading. You can do it, but must make sure only the main thread interacts with the GUI. A common way to do this is to use the universal widget method after() to schedule handling of data going out to or being retrieved from background threads, typically via Queues, at regular intervals. | ESSENTIALAI-STEM |
Talk:strangling angel of children
RFV discussion: May–June 2019
A lot of modern mentions. Need original uses. DTLHS (talk) 17:24, 12 May 2019 (UTC)
Interesting that there are no 19thC cites on Google Books ... so perhaps, contra modern books on the subject, it was not in fact called "the strangling angel of children", or at least, not commonly. - Sonofcawdrey (talk) 22:02, 16 May 2019 (UTC)
* According to one source I read, the term "strangling angel of children" dates to the 20th century. However, all cites I found are from the 21st. cited Kiwima (talk) 22:02, 28 May 2019 (UTC)
RFV-passed Kiwima (talk) 13:09, 5 June 2019 (UTC) | WIKI |
Talk:Josiah Mitchell Morse
Title
The title should be changed to "J. Mitchell Morse." 2601:8C3:857D:9E80:795B:2C14:6A52:22D9 (talk) 21:09, 24 June 2023 (UTC) | WIKI |
Quick Answer: How Do I Install Microsoft SQL?
How do I download and install SQL Server 2019?
Before we begin, head over to the Microsoft SQL Server Downloads page and download SQL Server 2019 Developer Edition.Step 1: Run Installed Application.
Step 2: Select Custom Installation.
Step 3: Choose Installation.
Step 4: Choose New SQL Server standalone.
Step 5: Specify Edition.
Step 6: Accept License Terms.More items…•.
What is SQL Native Client?
SQL Server Native Client is a stand-alone data access application programming interface (API), used for both OLE DB and ODBC, that was introduced in SQL Server 2005 (9. … SQL Server Native Client combines the SQL OLE DB provider and the SQL ODBC driver into one native dynamic-link library (DLL).
How do I use Microsoft SQL Server?
Prerequisites. … Connect to a SQL Server instance. … Create a database. … Create a table in the new database. … Insert rows into the new table. … Query the table and view the results. … Verify your connection properties by using the query window table. … Change the server based on the query window.More items…•
Is MySQL the same as Microsoft SQL?
Both MySQL and Microsoft SQL Server (MSSQL) are widely used enterprise database systems. MySQL is an open-source relational database management system (RDBMS), while MSSQL Server is a Microsoft-developed RDBMS. Enterprises can choose between multiple MSSQL Server editions to suit their individual needs and budgets.
Is SQL harder than Python?
As a language, SQL is definitely simpler than Python. The grammar is smaller, the amount of different concepts is smaller. But that doesn’t really matter much. As a tool, SQL is more difficult than Python coding, IMO.
How do I install Microsoft SQL Server?
Install Microsoft SQL Server ExpressConnect to your Windows server with Remote Desktop Connection.From the Start Menu, open Internet Explorer. … Scroll down and click Run to begin the download of SQL Server.Click Yes to begin the install.Click New installation or add features to an existing installation.More items…
Is Microsoft SQL Server free?
Microsoft SQL Server Express is a version of Microsoft’s SQL Server relational database management system that is free to download, distribute and use. It comprises a database specifically targeted for embedded and smaller-scale applications.
How do I install SQL client?
To install the Microsoft SQL Server Native client:Log on with the appropriate local account to install and launch the Microsoft SQL Server Client.From the SQL Server Setup media, install the following Shared Features: … In SQL Server Configuration Manager, create a new alias in SQL Native Client Configuration (32-bit).More items…
Where can I practice SQL?
Learn SQL Online: DIY PracticeSQL Fiddle. SQL Fiddle is a great place to start if you’re looking to, well, fiddle around with SQL. … SQLZOO. You’ll find it easy to get going in SQL at SQLZOO. … Oracle LiveSQL. … W3resource. … Stack Overflow. … DB-Fiddle. … GitHub. … Coding Ground.More items…•
How can I learn SQL for free?
25 Best Ways to Learn SQL Fast, Online and for FreeIntro to SQL: Querying and managing data via Khan Academy. … Codecademy’s free SQL Class. … Developing SQL Databases via EdX. … SQLcourse.com. … W3Schools SQL Class. … FreeCodeCamp’s SQL Course. … SQLZoo. … Introduction to Computer Science via EdX.More items…
How do I setup a local SQL Server?
Creating Local Database Using Microsoft SQL ServerGo to Start and search for Microsoft SQL Server. … To create a local database, you need a Server first. … Now, you are connected to the Server, so can you create a database. … You will see a window when clicked on the new database option. … Now, you can see a new database appearing in the database menu in the Object Explorer.
How do I get started with Microsoft SQL Server?
GETTING STARTED WITH SQL SERVERGo to Start->programs->Microsoft SQL Server(client)->Enterprise Manager.Once the window opens, click on Action (left most on the tool/command bar) and choose New SQL Server Registration. … The Register SQL Server Wizard will open:
How do I download Microsoft SQL Server?
How to download SQL Server SetupStep 1) Go to URL: https://www.microsoft.com/en-in/sql-server/sql-server-downloads.Step 2) Click on “Download now”Step 1) Double click on “SQLServer2017-SSEI-Dev.exe”.More items…•
How can I practice SQL at home?
The Best Way to Learn SQLStart Simple. No matter what method you use to learn SQL, you may be anxious to quickly dive in and test your new skillset. … Watch Tutorials. Microsoft’s free SQL Database Fundamentals tutorial gives an in-depth introduction to database terminology, skills and concepts. … Take a SQL Class. … Install a Free SQL Database.
What are SQL client tools?
SQL Server client tools are used by various departments and classes to connect directly to a SQL Server databases. The current version of SQL Server supported by the McCombs School of Business is SQL Server 2008 R2.
What is client tool?
The client tool is an optional software component that runs on users’ workstations. It is not required to track printing because PaperCut tracks printing at the server-side. The user client provides services to users that enhance the print tracking experience.
How can I download SQL for free?
Go to Microsoft website and download SQL Server 2017 Express Edition. Click on Download now button as shown below.After completing above step, click on the downloaded file. … It will install the software. … Once you click on the above Install SSMS button, it will take you to the page as shown below. … Install SSMS Software.
How do I get Microsoft SQL certification?
To earn a SQL Server certification, you must take a required course and pass the certification exam. SQL certification courses range from $1,785 to $2,975, and the certification exam costs around $165. | ESSENTIALAI-STEM |
Lumbar Spine Stress Fracture
Lumbar Spine
A stress fracture or spondylolysis, as they are more formally known as are small cracks in the bones of the lumbar spine (low back) that are most often caused by overuse. Unlike fractures (breaks) in bones which usually occur following a traumatic event, stress fractures are caused by the cumulative effect of many small traumas.
Stress fractures are most common in children and adolescents and occur in the part of the vertebra known as the pars interarticularis. This is the weakest portion of the vertebra and hence the most common spot for an injury. Stress fractures most frequently occur at the bottom two lumbar spine vertebrae, levels L4 (5-15%) and L5 (85-95%).
What are the symptoms of Stress Fracture?
• Spontaneous and often gradual increase in low back pain.
• Commonly night pain is reported, including difficulty sleeping or waking.
• Most often unilateral (one sided).
• Pain with extension based activities such as bending backward.
• Pain with prolonged standing or running.
• Early morning stiffness.
• Pain eases with rest.
Lumbar Spine Stress
Who Gets Stress Fractures?
Stress fractures are most prevalent in adolescents. Sports that involve repeated lumbar spine rotation and/or extension are most vulnerable to stress fractures. The most common sports are cricket, more specifically fast bowlers, runners, footballers (soccer), gymnasts and dancers. Stress fractures are found more often in boys than girls at a ratio of 2:1.
In cricket fast bowlers, rapid trunk side flexion, rotation and extension during the front foot contact phase of the delivery stride has been identified as the main mechanism to cause a stress fracture injury. In footballers it may result from many hours of running, change of direction at speed and striking of the ball, causing cumulative stress on the lower spine.
How long will it take me to return to sport?
Whilst everyone’s rehabilitation and recovery are slightly different the average time is 8-12 weeks.
How do I know if I have a stress fracture?
Stress fractures are usually detected through a thorough history and physical examination. The physiotherapists at Jubilee Sports Physiotherapy can provide a thorough assessment and accurate diagnosis. X-rays and MRI can also be performed to further clarify the diagnosis.
What is the treatment for a stress fracture?
Stress fractures very rarely require surgery and are best treated with conservative management. This involves a combination of rest from aggravating activities and a progressive strengthening program with focus on functional strength and stability. A physiotherapist at Jubilee Sports Physiotherapy would work with you to identify areas of weakness and potential risk factors and develop a program to gradually increase your load and return to your sport.
Recovery from a stress fracture is different for everyone however it takes around 8-12 weeks to return to sport.
For further information about stress fractures of to have an injury displaying signs of a stress fracture assessed, please contact Jubilee Sports Physiotherapy for an appointment.
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Talk:Diver Anderbugh
Sourcing
Please note that tourism websites, especially ones claiming to rank a place, are not reliable sources. Nor is the indikosh website. - Sitush (talk) 13:28, 8 May 2019 (UTC)
Diver Anderbugh
Diver Anderbugh is a village in Lolab Valley of District Kupwara, Jammu and Kashmir. Diver Anderbugh is combination of two places, Diver and Anderbugh. Diver+Anderbugh= Diver Anderbugh. Nickname of village is Diver <IP_ADDRESS> (talk) 14:51, 11 January 2022 (UTC)
Tourism
Village is developing as tourist site. New Tourist place (Kairwan) is under construction at Anderbugh. <IP_ADDRESS> (talk) 19:59, 11 January 2022 (UTC) | WIKI |
Wikipedia:Articles for deletion/Step Up All In (soundtrack)
The result was redirect to Step Up All In. (non-admin closure) Armbrust The Homunculus 12:41, 15 July 2014 (UTC)
Step Up All In (soundtrack)
* – ( View AfD View log Stats )
Poorly sourced article about a non-notable, yet-to-be-released music recording. Fails WP:NALBUMS. - MrX 15:02, 8 July 2014 (UTC)
Co-nominating for the same reason as nom the "sister" album:
* (Article was created by the same editor as a partly copy-paste incl. AfD tag.) Sam Sing! 01:16, 13 July 2014 (UTC)
* Note: This debate has been included in the list of United States of America-related deletion discussions. • Gene93k (talk) 15:14, 8 July 2014 (UTC)
* Note: This debate has been included in the list of Albums and songs-related deletion discussions. • Gene93k (talk) 15:14, 8 July 2014 (UTC)
* Note: This debate has been included in the list of United States of America-related deletion discussions. • Gene93k (talk) 15:14, 8 July 2014 (UTC)
* Note: This debate has been included in the list of Albums and songs-related deletion discussions. • Gene93k (talk) 15:14, 8 July 2014 (UTC)
* Redirect to the film's page until further notice. Also note, there's a duplicate page at Step Up All In(soundtrack) waiting to be A10'd. Ansh666 02:07, 11 July 2014 (UTC)
* I'm going to be honest: I don't think the author is acting in good faith here. Pretending that an upcoming album - the soundtrack for an upcoming movie, at that - has charted and been reviewed positively, using misleading or just plain wrong links as citations, and all of that in a duplicate article created after the first was sent to AfD...either they're trolling, advertising, or hallucinating. And none of those are good for the 'pedia. Ansh666 11:58, 11 July 2014 (UTC)
* And now they've introduced the false info/sources into this one, removing the AfD tag in the process. Getting a bit out of hand... Ansh666 13:31, 12 July 2014 (UTC)
* Redirect for now. I've added the sources from the other page, one of which is a review from AllMusic. There were claims of the album hitting the Canadian charts, but I can't find the actual link. The claim and the links are still viewable at this edit, though, if anyone wants to give them a look. In any case, a redirect would be the best thing to do in this instance. I can see where the other soundtracks have received notice and more sourcing may be forthcoming. If so, then it would be good to have a good article copy to pull from. If not, then it can remain a redirect. Tokyogirl79 (｡◕‿◕｡) 09:00, 11 July 2014 (UTC)
* My mistake- the review was for another soundtrack in the franchise. Still, a redirect would be the best thing in this instance. Tokyogirl79 (｡◕‿◕｡) 09:01, 11 July 2014 (UTC)
* Redirect. If not for Redirects are cheap I would submit Delete as "Step Up All In (soundtrack)" is not a plausible search term.-- Pink Bull 17:10, 11 July 2014 (UTC)
* Redirect both with the usual caveats, it's currently too soon for establishing notability. Sam Sing! 01:16, 13 July 2014 (UTC)
| WIKI |
Syria: Aleppo families begin to leave, reports say
(CNN)Dozens of families have started to trickle out of war-ravaged Aleppo, days after the Syrian army announced it encircled the city and cut off rebel supply routes, according to reports. The families moved out of eastern Aleppo on Saturday through humanitarian corridors set up by the regional government, according to the Syrian state news agency SANA. The civilians were "besieged by the terrorist groups in the eastern neighborhoods" and crossed into the Salahaddin section of the city, where Syrian army units sent them to makeshift shelters, the news agency reported. SANA also reported that several rebel gunmen surrendered. Syrian state TV showed what it said were women and children leaving the city along a street lined with bomb-damaged buildings. The Britain-based Syrian Observatory for Human Rights also reported that civilians were using a corridor in Salahaddin to enter government-controlled districts. At least 169 civilians have left the city since Friday, the Russian state news agency Tass reported, and 69 militants have surrendered. However, a journalist working for CNN visited the Salahaddin crossing after the initial government reports and saw no signs that it had opened. The families are fleeing a city devastated by the relentless pounding by Russian and Syrian forces, which are trying to retake swaths of the east that have been in rebel hands for nearly four years. Plans for humanitarian corridors Syrian and Russian officials on Thursday announced a plan to open three relief corridors to distribute food and medical aid to civilians, and provide them -- and rebels who chose to surrender -- the opportunity to leave the city. Still, the creation of humanitarian corridors by Russia and Syria has been met with skepticism. U.S. Secretary of State John Kerry told reporters Friday that the proposal "has the risk, if it is a ruse, of completely breaking apart the level of cooperation" between the United States and Russia. "On the other hand, if we're able to work it out ... and have a complete understanding of what is happening and then agreement on the way forward, it could actually open up some possibilities," he said. The United Nations special envoy for Syria, Staffan de Mistura, said the creation of humanitarian corridors should be left to the U.N. and its partners. "That's our job," he said. He also pressed for guarantees on the protection of civilians and said no one should be forced to leave. "Some civilians may want to avail themselves of the possibility afforded by the corridor and by the Russian initiative," he said. "When they do, it is crucial that they are given the option of living in areas of their own choice." De Mistura warned that food supplies in Aleppo could run out within weeks. "The clock is ticking," he said. Matthew Rycroft, the UK ambassador to the United Nations, insisted that the humanitarian proposal be accompanied by an end to the bombing campaign. "If the corridors could be used to allow aid into Aleppo, then that would be welcome," he said. "But clearly, the U.N. and the rest of us cannot be complicit in anything else -- for instance, any form of emptying of Aleppo, or preparing for an onslaught in Aleppo, or indeed any continuation of this medieval siege of Aleppo." Too wary to leave? Amnesty International has questioned whether the corridors would prevent a humanitarian catastrophe in the city, saying many civilians would likely be wary of government assurances and might not leave out of fear for their safety. Philip Luther, director of Amnesty's Middle East and North Africa program, said the corridors were "not a substitute for allowing impartial humanitarian relief for civilians who remain in opposition-held areas of the city or other besieged areas, many of whom will be skeptical about government promises." Many Aleppo neighborhoods have come under fire for 80 consecutive days, with more than 6,000 people -- mainly civilians -- killed or injured. Four hospitals have been hit. Rebel fighters, striking back with artillery and bombings, have been unable to match the firepower of government forces backed by Russia. Much of Aleppo, the country's largest city and a vital economic hub, has been reduced to an apocalyptic wasteland. Between 200,000 and 300,000 people are believed to still reside in rebel-held Aleppo. Many are elderly people who are too sick or too stubborn to leave. On Thursday, leaflets were dropped over the city with instructions on how to approach checkpoints and a map showing the corridors. Those wanting to leave are supposed to wave the leaflet with their right hand raised above their head and the other hand either around their head or holding a child's hand, the leaflet said. Residents would also be notified by loudspeakers and text messages. More than 280,000 Syrians have been killed since fighting began in 2011, with millions forced to flee the country. CNN's Hamdi Alkhshali, Joel Williams, Clarissa Ward, Mahatir Pasha and Richard Roth contributed to this report. | NEWS-MULTISOURCE |
Dark Light
Northeastern Coyote
Canis-latrans
When you hear a pack of coyotes howling at (the moon? each other?) in the middle of the night, the hair stands up on your skin and you feel like you’re in Dracula. It’s freaky! Even when you “get used to it!”
When I’ve spotted them once or twice in person, I have to say I think the coloration of their coat is actually quite beautiful.
“Virginia coyotes are actually a hybrid mixed with wolf, according to studies following their migrations to the East Coast. Data published in 2014 regarding the northeastern coyote indicates that it is 64% coyote, 13% gray wolf, 11% eastern wolf, and 10% domestic dog — not to mention quite a bit larger than its western counterparts.” From wydaily.com
They are typically nocturnal, although if you see them during the day that’s not a sign of rabies. They might be looking for food or a good den spot!
Coyotes weren’t introduced to the east to control deer populations, they actually migrated here and were first spotted in western Virginia in the 1950s. These days researchers have found that coyotes don’t actually kill a lot of deer (although they might take a fawn). Instead they are more likely to scavenge roadkill or carcasses in the wild.
Alternate Names: Eastern Coyote, Coywold, Southern Tweed Wolf
Size: 50-80 lbs
Description: Erect ears, bushy tail, narrow chest. It's fur has four color phases, ranging from dark brown to blond or reddish blond, with gray-brown the most common, and reddish legs, ears and flanks.
All text and photos copyright © 2022 Middle Way Nature Reserve, unless noted.
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White Tailed Deer
I will eat every plant that you love, and then I will eat every plant that you only kind of love, and then, if I'm still antsy, I'll rub my antlers all over your favorite trees, stripping away the bark. | ESSENTIALAI-STEM |
Gold slides to two-week low on talk of US rate hike
Gold prices slid on Monday and hit a two-week low as upbeat comments from Federal Reserve officials on the U.S. economy boosted expectations that the central bank could lift interest rates sooner rather than later. The Fed's No.2 policymaker, Stanley Fischer, said on Sunday the central bank is close to hitting targets for full employment and 2 percent inflation. That followed comments last week from New York Fed President William Dudley that the labor market is improving, and from San Francisco Fed chief John Williams that waiting too long to lift rates could be costly for the economy. Gold is highly sensitive to rising U.S. interest rates, which boost the opportunity cost of holding non-yielding gold, while lifting the dollar, in which it is priced. Spot gold was down 0.31 percent at $1,337.06 per ounce after hitting a session low of $1331.35, its lowest since Aug. 9. The most active U.S. gold futures for December delivery settled down $2.80, or 0.21 percent, at $1,343.40 per ounce, and last traded down 0.38 percent. Shares of gold mining companies fell 1.62 percent. "We definitely think the U.S. recovery is on track. Inflation is starting to pick up, employment is pretty much at the natural rate, so everything is coming together to suggest there's a very high probability of a rate hike before the end of the year," Dan Smith, analyst at Oxford Economics, said. "I don't think that's wholly priced in (to gold). It does have the potential to have an impact," he said. "I don't see why we can't go below $1,300 before the end of the year." Central bankers from around the world will gather from Aug. 25 for an annual meeting in the mountains of Jackson Hole, Wyoming, with Chair Janet Yellen due to speak the following day. The dollar rose against the yen and euro on Monday as traders reassessed expectations for Fed action on rates after policymakers' comments last week. Speculators cut their bullish positions in COMEX gold contracts in the week to Aug. 16, but remains near the record high touched early last month. "Sizable long positions plus technical vulnerability, the strength in the dollar and then the hawkish news - all of that is working against gold," said Eli Tesfaye, senior market strategist for brokerage RJO Futures in Chicago. If prices fall below Monday's low, the market could see further liquidation, Tesfaye said. The world's largest gold-backed exchange-traded fund, New York-listed SPDR Gold Shares, reported an outflow of 4.5 tonnes last week, adding to the near 20-tonne drop in its holdings the previous week. Silver hit a seven-week low of $18.77 an ounce and was later down 2.09 percent at $18.89. Platinum was down 0.92 percent at $1,100.25, after falling to its lowest in nearly a month. Palladium was 2.49 percent lower at $690.35. | NEWS-MULTISOURCE |
Kidney Failure
What are the kidneys?
The kidneys play key roles in body function, not only by filtering the blood and getting rid of waste products, but also by balancing the electrolyte levels in the body, controlling blood pressure, and stimulating the production of red blood cells.
The kidneys are located in the abdomen toward the back, normally one on each side of the spine. They get their blood supply through the renal arteries directly from the aorta and send blood back to the heart via the renal veins to the vena cava. (The term "renal" is derived from the Latin name for kidney.)
The kidneys have the ability to monitor the amount of body fluid, the concentrations of electrolytes like sodium and potassium, and the acid-base balance of the body. They filter waste products of body metabolism, like urea from protein metabolism and uric acid from DNA breakdown. Two waste products in the blood usually are measured; 1) blood urea nitrogen (BUN), and 2) creatinine (Cr).
Reviewed on 1/23/2015
Kidney Disease Quiz: Test Your Medical IQ | ESSENTIALAI-STEM |
Can you please explain the difference between string, string buffer and string builder?
+1 vote
Hey,
The problem is every time I got confused with these three concepts . Can you please give me the proper idea about these three?
Thank you,
Jun 3, 2019 in Java by Sujoy
233 views
1 answer to this question.
+1 vote
String are immutable where as StringBuffer and StringBuilder are mutable.
StringBuffer is thread safe and syncronized whereas StringBuilder is not, thats why StringBuilder is faster as compared to StringBuffer.
String overrides equals() and hashCode() methods as the base class of String is Object.
For String manipulations in non-multi threaded environment, we should use StringBuilder else use StringBuffer class.
answered Jul 4, 2019 by Akash
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Page:Popular Science Monthly Volume 21.djvu/317
Rh a trade, nor could he any more take up with traffic in money, and his only resource was to become a barterer and dealer in small wares. The worst and most horrible thing was that the new convert fell a prey to the power of the Court of Inquisition, and, wherever there was an inquisitor, he was liable to arrest and torture on a mere suspicion, and could be sentenced either to money-fines or to imprisonment. That the inquisitor could impose fines upon merely suspected persons was already, in 1330, the teaching of the canonical writers, and nothing was easier or more tempting than the discovery of some cause of suspicion against a rich Israelite, baptized or unbaptized.
While the Spaniards were striving to root out Israel from the Peninsula, they prepared for themselves a most fearful scourge, under whose lashes they were to bleed for centuries. For, since they drove so many Jews into the Church through fear of death, and forced them to continuous hypocrisy, they caused the establishment of the Holy Office, which was directed at first against this secret retention of the Jewish faith. The majority of educated Spaniards at the present day doubtless acknowledge the Inquisition to have been the sorest national misfortune; it was an institution which has served to dishonor the Spanish name, and has been a source of manifold misery and a school of hypocrisy to the Spanish people. But that this institution maintained itself so long in Spain, and for over two hundred years found continually new victims for its "acts of faith," is owing to the events of 1328, 1391, and 1492, along with the distinction, contrived by the Church, between absolute and relative coercion in baptism.
Many thousands of Jews were then forced to be baptized; they were often allowed no other alternative than that of death or entrance into the Church. In many cases they preferred death, and perished either by their own hands or at the hands of their oppressors, and the example of some who were steadfast inspired whole hosts to copy after them. At the same time, there was a considerable number who, in fear of death, or to escape banishment and loss of property, suffered themselves to be baptized; and it was just as natural that, when they breathed free, again, they should renounce Christianity and turn back to the cult of their fathers.
The doctrine was indeed continuously taught and accepted that a baptism forced upon one was null and invalid, and it would hence seem self-evident that he who had been coerced should be free to turn back to his ancestral religion. But, as early as 633, the Spanish Visigothic bishops had declared that those forcibly baptized should be held in the Church. This had passed over into Gratian's book of doctrines and statutes, and now no one was any longer permitted to surrender the Christian faith once confessed, or return to the practices of Judaism. He was once for all a Christian, and, as such, subject to the jurisdiction of the religious court; if he went back to the faith of his fathers he must suffer, as every heretic and apostate, the death | WIKI |
Hungary Home-Loan Plan Is ‘Serious Stability Risk,’ Reuters Says
Early repayments of foreign-
currency mortgages at below-market rates poses a “serious
stability risk” for Hungary , Reuters reported , citing an
interview with central bank Vice President Julia Kiraly. “On the systemic level, we see that the amount of
repayment can reach a point where it could pose a serious
stability risk,” Kiraly said, according to Reuters. The
repayments put pressure on the forint, Reuters cited Kiraly as
saying. Hungary is offering homeowners the chance to repay
predominantly Swiss franc-denominated mortgages ahead of
schedule at exchange rates more than 20 percent below market,
forcing lenders to absorb losses. To contact the reporters responsible for this story:
Zoltan Simon at
zsimon@bloomberg.net To contact the editor responsible for this story:
Balazs Penz at
bpenz@bloomberg.net | NEWS-MULTISOURCE |
Applied Optoelectronics, Tableau Software, Exa, Microsoft and Barracuda Networks highlighted as Zacks Bull and Bear of the Day
For Immediate Release
Chicago, IL - July 17, 2017 - Zacks Equity ResearchApplied Optoelectronics (NASDAQ: AAOI - Free Report ) as the Bull of the Day, Tableau Software (NYSE: DATA - Free Report ) as the Bear of the Day. In addition, Zacks Equity Research provides analysis on Exa Corp. (NASDAQ: EXA - Free Report ), Microsoft (NASDAQ: MSFT - Free Report ) and Barracuda Networks (NYSE: CUDA - Free Report ).
Here is a synopsis of all five stocks:
Bull of the Day :
Applied Optoelectronics (NASDAQ: AAOI - Free Report ) is now a $1.5 billion fiber optics component and system supplier, after a 25% rally in shares last week.
That rocket launch came from an explosive combination of ingredients:
1) a company that has become a "serial pre-announcer" of positive sales and earnings surprises
2) a stock that was beaten down from its May highs near $75 after a growing bear thesis crept into the shares
3) a short interest of 10.37 million shares -- well over 50% of the float! -- that was like kindling in a bonfire when the company delivered this little message in a July 13 press release...
"I'm pleased to announce that we expect to deliver another record quarter with our top and bottom-line results expected to exceed our guidance," said Dr. Thompson Lin, Applied Optoelectronics, Inc. founder, president and CEO.
And here were the details...
Second Quarter 2017 Preliminary Unaudited Financial Results
· Revenue of approximately $117.3 million, above the prior outlook of $106.0 million to $112.0 million.
· GAAP and non-GAAP gross margin in the range of 45.0% to 45.4%, above the prior non-GAAP outlook of 41.0% to 42.5%.
· GAAP fully diluted earnings per share in the range of $1.37 to $1.42 and non-GAAP fully diluted earnings per share in the range of $1.31 to $1.36, using a weighted-average fully diluted share count of approximately 20.4 million shares. This is above the prior non-GAAP outlook of $1.09 to $1.19 per share, using approximately 20.4 million shares.
And that is why AAOI popped from $72.64 (last Wednesday's close) to record highs over $86 on Friday, driving those holding the 10.377 million shares short to get out, or get burned.
Bear of the Day :
Tableau Software (NYSE: DATA - Free Report ), the exciting $4.9 billion provider of data visualization software and analytics for enterprise customers, is once again in the cellar of the Zacks Rank. This is not because estimates have come down further recently, but rather because they haven't started going back up yet.
The stock is stuck in that no-man's land for earnings estimate revisions where we are not sure if they are going to continue southward, or forge a fresh turnaround.
Since a mixed Q1 earnings report on May 3 -- a beat on adjusted EPS loss of 3-cents per share, but a miss on GAAP -- the stock has actually ground its way higher.
And on June 13, Goldman Sachs upgraded shares to a Buy rating and the investment bank raised their price target to $78 from $59. Yet, we still saw no meaningful EPS estimate revisions higher.
2017 earnings estimates started out strong, but then reality set in. And this is always the challenge for an exciting SaaS technology company with optimistic Street expectations that fails to deliver, quarter after quarter.
Missed On Top Line, But Business is Growing
Tableau realized sales of $199.9 million, missing the Zacks consensus estimate of $201 million for Q1.
Ratable license books were 26% of the company's total license bookings, up from 12% in the prior-year quarter. The company said it closed 294 transactions greater than $100,000, up 10% year over year.
Tableau added more than 3,300 customer accounts in the quarter. The company now has 57,000+ customer accounts.
"Customers enthusiastically embraced our subscription licensing offerings in Q1, as reflected in our 26% ratable license bookings mix," said CEO Adam Selipsky. "Subscription reduces risk for our customers, lowers their upfront investment and we expect will lead to higher demand for Tableau over time."
The Meaning of DATA
In the digital age, we are flooded in information and the new data sources are multiplying exponentially with the Internet of Things. Tracking and measuring data to make business decisions has never been more important for corporations.
But the deluge of data can be overwhelming, and knowing how to track, measure, and decide has become a giant rabbit's hole for many.
The solution is learning to harness and harvest the flood of data in new, compelling, and scientifically relevant ways.
So the folks at Tableau ask... What happens when you put together an Academy Award-winning professor, a brilliant computer scientist at the world's most prestigious university, and a savvy business leader with a passion for data?
You get solutions for one of the most challenging problems in software: making databases and spreadsheets understandable to ordinary people.
The mind behind Pixar, Stanford Professor Pat Hanrahan realized too it was a project that could change the world. A founding member of Pixar and chief architect for RenderMan, Pat had already transformed the world of animated film. He says...
"We create pictures that answer questions, but we do it for businesses that want to know things about their data."
Hanrahan and a team of Stanford Ph.D.s realized that computer graphics could deliver huge gains in people's ability to understand data. The breakthrough arose when they brought together two computer science disciplines for the first time: computer graphics and databases. Their invention VizQL™ let people analyze data just by building drag & drop pictures of what they wanted to see.
Let's hear how the company describes their mission...
We help people see and understand their data.
Eight words that drive everything we do. And they've never been more important.
In 2020 the world will generate 50 times the amount of data as in 2011 and 75 times the number of information sources (IDC, 2011). Within these data are huge opportunities for human advancement. But to turn opportunities into reality, people need the power of data at their fingertips. Tableau is building software to deliver exactly that.
Bottom line on DATA: If they execute on their mission, this exciting company could become the Adobe , or maybe even the Microsoft of the 21st century. When the Zacks Rank turns around, and you can visualize it on the Zacks Price & Consensus chart, you'll want to be a buyer.
Additional content:
Tech Sector Applauds Gartner IT Spending Forecast
The world's leading research and advisory company - Gartner Inc. - recently raised its forecast for Worldwide IT spending for 2017, giving technology companies a reason to cheer.
What Gartner Predicts
The firm now anticipates global IT spending to mark a 2.4% year-over-year increase, up from its previous forecast of 1.4%. In dollar terms, IT spending will reach $3.48 trillion from the prior projection of $3.41 trillion.
If this happens, the year will mark a solid recovery in IT spending after two consecutive years of decline. Notably, in 2015 and 2016, worldwide spending declined 5.5% and 0.6%, respectively.
This is the third time when Gartner has revised its forecast for 2017 IT spending. Earlier, the firm had lowered its expectations on two occasions from the original forecast of 2.9%. Its estimate was first brought down to 2.7% in Jan 2017, followed by another drop to 1.4% in April, citing enterprise customer moving to cloud and strong U.S. dollar as the main reasons.
However, Gartner has now become optimistic, once again. The research firm noted two major catalysts which, it believes, will drive IT spending this year.
The first catalyst highlighted by Gartner is decline in the U.S. dollar against several foreign currencies. Secondly, the firm foresees an uptick in digital transformation projects in the near term which will enable organizations to spend more on IT related infrastructure, products and services.
According to John-David Lovelock, vice president and distinguished analyst at Gartner, digital business is deeply impacting business operations. In addition, it is creating innovative categories, such as the convergence of 'software plus services plus intellectual property.'
Such next-generation offerings are backed by business and technology platforms, which will later act as catalysts for fresh categories of spending. He further mentioned that some of the Industry-specific disruptive technologies include the Internet of Things (IoT) in manufacturing, blockchain in financial services (and other industries), and smart machines in retail. It should be noted that disruptive technology has been transforming business.
Computer and Technology Sector 5YR % Return
Segmental Growth Expectation
Per Gartner's latest report, every IT segment will witness growth in spending, with Enterprise Software leading the way. It may witness a 7.6% rise this year and reach $351 billion. As more organizations will undergo digital transformation, there will be greater need for automation and application functionality, which will stoke the segment's growth, cited Gartner.
This will be followed by the Devices segment (PCs, tablets, ultramobiles and mobile phones), which is anticipated to register 3.8% growth in spending and reach $654 billion, mainly driven by strong sales of mobiles. The research firm stated that increased mix of basic phones over utility phones and higher average selling prices of premium phones in mature markets will drive Mobile phone growth in 2017.
The IT Services segment is anticipated to register 3.1% growth in spending and reach $922 billion. Spending across the Data Center Systems segment may see a 0.3% increase and touch $171 billion. Communication Services segment is likely to witness 0.3% growth and reach $1.378 trillion.
Apart from revising estimates for 2017, the IT research firm also updated its forecasts for 2018, which is higher than its previous forecast. For 2018, Gartner predicts worldwide spending to reach $3.6 trillion, marking growth of 3.5% from the 2017 estimated level. The revised figure is higher than the previous projection of 2.9% growth and $3.56 trillion.
The Enterprise Software segment will continue to lead with 8.6% anticipated growth, while IT Services, Devices, Communication Services and Data Center Systems segments will witness respective increases of 4.7%, 3.6%, 1.6% and 1.2% in spending.
However, it should be noted that despite projections of growth in 2017 and 2018, the overall IT spending will remain below the 2014 level of $3.8 trillion.
Bottom Line
In 2015 and 2016, worldwide IT spending was hit hard by global concerns such as a persistent decline in oil prices , slowdown in the Chinese economy and a strong U.S. dollar against major currencies. Additionally, last year's events like the hype over Brexit, the U.S. Presidential election and the Fed rate hikes also made organizations tighten their spending on IT.
Nonetheless, the optimistic forecast provided by Gartner depicts that this year may witness a revival in overall spending, primarily led by Software, Devices and IT Services segments.
So, it will be prudent to shift your focus to Software, Devices and IT Services stocks which still hold promise. Stocks like Exa Corp. (NASDAQ: EXA - Free Report ), Microsoft (NASDAQ: MSFT - Free Report ) and Barracuda Networks (NYSE: CUDA - Free Report ), are backed by buy ratings. While Exa sports a Zacks Rank #1 (Strong Buy), Microsoft and Barracuda Networks carry Zacks Rank #2 (Buy). You can see the complete list of today's Zacks #1 Rank stocks here .
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The views and opinions expressed herein are the views and opinions of the author and do not necessarily reflect those of Nasdaq, Inc. | NEWS-MULTISOURCE |
Page:Wren--The young stagers.djvu/169
Rh mugger ate fish, the whole fish, and nothing but fish, anyhow. He was a strict vegetarian, in the sense that he never ate butcher's meat—so I maintain that he was a Vegetarian Crocodile and, to that extent, a conscientious, and therefore a Virtuous Crocodile. Also he was instrumental in avenging poor Lucy Gray."
"Did he think the Traveller looked fishy and eat him?" asked Boodle.
"No—he did much better than just eat him. He made him look an ass!" was the reply.
The children settled down firmly to hear the thrilling true tale of How the Vegetarian Mugger of Soni made the Travelling M. P. look an Ass.
"Well, it was like this, dear old Things," began Buster. "The headman of Soni, to whom Lucy Gray was worth such a lot, simply loathed the Travelling M.P. He hated him for trying to shoot Virtuous Lucy like you'd hate anybody who came along and shot Venus, and then wagged his tale as though he'd done something you oughter be very pleased about. But of course he dared not show the Traveller that he hated him, and that made him hate him all the | WIKI |
Liberty Oil Co. v. Condon National Bank
Liberty Oil Co. v. Condon National Bank, 260 U.S. 235 (1922), was a decision by the Supreme Court of the United States dealing with civil procedure and the nature of taking an appeal from the United States District Court.
Factual and procedural background
Liberty Oil Company, a corporation organized under the laws of Virginia contracted to purchase 160 acres, more or less, of oil lands in Butler County, Kansas, for $1,150,000 from the Atlas Petroleum Company of Oklahoma, C. M. Ball, Isadore Litman, P. G. Keith, and J. H. Keith, residents of Kansas. Pursuant to the contract Liberty Oil Company deposited $100,000 in escrow with the Condon National Bank pursuant to the contract. The escrow was pursuant the term of the contract requiring that the vendors furnish an abstract of title to the property showing a good and marketable title in them. Liberty Oil Co. has seven days to review the abstract of title and if it showed good and marketable title Liberty Oil Co. was to pay the remainder of the purchase price and receive the deeds and possession of the land. If the examination showed a good and marketable title, and the vendee should refuse to pay the money then due from it, the $100,000 was to be delivered to the vendors as liquidated damages. In the event that the examination should disclose that the title was not good and marketable, the Liberty Oil was to notify the vendors, and they were to have 30 days in which to perfect the title, and, should they neglect in that time to do so, the $100,000 on deposit was to be returned to the Liberty Oil. In either case the contract was to become null and void. Liberty Oil claims abstract showed that the title of the vendors was not good and marketable, in that in the chain of title the vendors claimed under the deed of an assignee for the benefit of creditors filed in a Colorado court, but never authorized or confirmed by a court of competent jurisdiction under the laws of Kansas, as required by the law of Kansas, that this defect was not remedied by the vendors within the time required. On July 11, 1918, the plaintiff duly notified Condon National Bank of this and demanded payment of the money deposited. The vendors also demanded the payment of the money deposited. The bank did not pay either.
Liberty Oil brought an action at law against Condon National Bank in the United States District Court for the District of Kansas for the money deposited plus interest. The bank answered admitting the facts alleged except the character of the title. The bank asked that be discharged from liability in a defensive interpleader since:
* 1) it claimed no interest in the deposit,
* 2) offered to pay the sum into court or to such person as the court orders
* 3) asked the vendors be made parties and required to set up their claim to the deposit
* 4) asked the court make an order as to the disposition of the money, and discharged the bank it be from all liability in connection with the deposit.
The court granted the banks request and the vendors voluntarily appeared, answered, and cross petitioned for the deposits and payment of the purchase price. A jury trial was waived. The court tried the matter and found in a general verdict for the vendors, awarding them the deposit with interest.
Liberty Oil appealed to the Eighth Circuit Court of Appeals claiming the court incorrectly decided the issue of the vendors having good and marketable title. The record of appeal was prepared as either bill of exceptions for writ of error from an action at law or a transcript for an appeal from a suit in equity. The Court of Appeals held that the case was reviewed by writ of error and since the bill of exceptions showed no special findings of fact but only a general finding in a case at law tried without a jury, it lacked power to rule as to the sufficiency of the evidence to sustain the finding so sustained the verdict. Liberty Oil appealed by certiorari to the United States Supreme Court.
Holding of United States Supreme Court
Court held that a defensive interpleader was an equitable defense authorized in an action at law by Judicial Code § 274b added by. An equitable defense should be transferred from the law side of the court to the equity side of the court under Judicial Code § 274a added by and tried before the legal action and that there was no constitutional right to a jury trial in interpleader. These statues were a step on the way to merger of law and equity but not as fully as in the states with a code of procedures by creating one form of action.
Judicial Code § 269, as amended, appellate courts are to give judgment after an examination of the record without regard to technical errors, defects, or exceptions which do not affect the substantial rights of the parties, and Judicial Code § 274b, provides whether the review is sought by writ of error or appeal, the appellate court is given to render such judgment upon the record as law and justice shall require. It follows that the court should have considered the issue of law and fact upon which the decree of the district court depended whether there was a good and marketable title. The Supreme Court could have determined the issue of whether there was good and marketable title but did not because the case was not of sufficient public interest to justify that, the case was remanded to the Eighth Circuit Court of Appeals.
Subsequent history
The case was determined on remand by the Eighth Circuit Court of Appeals at 291 F. 293 in 1923. | WIKI |
Page:Armatafragment00ersk.djvu/294
¬rider had run away, the only living thing within at least half-a-mile that was moving faster than a snail. — I was told indeed that a large sum of money had been made by an un- dertaker, when the town was healthy, or when people had not time to die, by letting out his long- tailed amblers for this slow procession, who were accustomed to a pace which other horses could not manage. My friend was not at all hurt, and with an air of the utmost satisfaction, as I was lifting him off the ground, for nobody else could see him for the dust and smoke, he said to me with a smile, " I am not sorry for what has happened ; such things give incident and anecdote to the panorama, and are its high light and finish." " Very well," said I, " put- ting light wholly out of the question, any thing certainly that finishes such a scene must be satisfactory. Believe me I should pass for a liar or a madman if I were to say in England that I had seen all this or any thing resembling it." ¬We now went home to dress, as he had before ¬promised ¬ | WIKI |
Balders Hage
Balders Hage was a ballcourt and public square in the centre of Gothenburg, Sweden. The ballcourt was inaugurated on 1 January 1898 but was abandoned in 1909 when Walhalla IP was built. The club Örgryte IS was founded in Balders Hage, and played some of their matches there. Balders Hage is now part of the amusement park Liseberg, and the roller coaster Balder is located where Balders Hage once was. | WIKI |
Page:Southern Historical Society Papers volume 31.djvu/138
130 Southern Historical Society Papers.
south side, where heavy fighting, it was stated, had been and was still going on. Matters were reported to be in a critical condition there, but there were also cheering rumors that Joe Johnston had eluded Sherman and was within a few hours' march of Grant's left flank, and many were buoyant with the expectation that the day would witness a repetition of the scenes of 1862.
The panic in St. Paul's Church, when one after another the prin- cipal officers of the government and other leading men were myste- riously summoned away in the middle of the service, has been often described. Many persons simultaneously left the church, and for a time there was great confusion among those who remained, but order was presently restored, and, being communion Sunday, the services were brought to a conclusion without further interruption and with usual solemnity.
By the way, it so happened that the'disorder was at its height just before the time for taking up the usual collection, and I afterwards read an account of a Northern correspondent which related how the rector, recognizing the impending end of all things, with happy presence of mind, seized the occasion for reaping a last harvest from his scattering congregation.
At 2 o'clock the Spotswood Hotel and General Swell's head- quarters, corner of Franklin and Seventh streets, were points of greatest interest, and here large crowds blocked the pavements, eagerly discussing the rumors which hourly became more exciting and took more definite shape. It seemed certain that there had been heavy fighting the day before on the extreme right, in which the Confederates had been unable to withstand the attack of over- whelming numbers. I saw one of General Pickett's staff officers, who, reaching Richmond by railroad, after passing all the way around by Barksville Junction, reported that General's command as cut off and in a critical situation, and it was ascertained that the firing which we had listened to the night before was an attack irade on the cen- tre of our line, halfway between Petersburg and Chaffin's, where, owing to Pickett's Division having been drawn off to reinforce the extreme right, the works were defended by less than a skirmish line.
This attack had resulted in the capture of the works; a gap was thus made in our centre, through which the Federals poured their troops and massed them, preparatory to sweeping the entire line. It had been reported early in the day that General Ewell had re- ceived orders from General Lee to prepare to evacuate Richmond, and the story had been twenty times repeated and denied. By 4 | WIKI |
Mayor of Ōtorohanga
The Mayor of Ōtorohanga officiates over the Ōtorohanga District of New Zealand's North Island. The County of Otorohanga was established in 1971, becoming a district council in 1979.
Max Baxter is the current mayor of Ōtorohanga. He was elected in 2013 and reelected in 2016. | WIKI |
Page:United States Statutes at Large Volume 98 Part 3.djvu/652
98 STAT. 3024
PUBLIC LAW 98-573—OCT. 30, 1984
(b) The table of contents of such Act of 1974 is amended by adding after the item relating to item 505 the following: "Sec. 506. Agricultural exports of beneficiary developing countries.". 19 USC 2461
SEC. 508. EFFECTIVE DATE.
The amendments made by this title shall take effect on January 4, 1985.
TITLE VI—TRADE LAW REFORM SEC. 601. REFERENCE.
Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a title, subtitle, part, section, or other provision, the reference shall be considered to be made to a title, subtitle, part, section, or other provision of the Tariff Act of 1930 (19 U.S.C 1202 et seq.). SEC. 602. SALES FOR IMPORTATION.
19 USC I67id.
Infra.
(a)(1) Section 701(a) (19 U.S.C. 1671(a)) is amended— (A) by inserting ", or sold (or likely to be sold) for importation," after "imported" in paragraph (1); (B) by inserting "or by reason of sales (or the likelihood of sales) of that merchandise for importation" immediately after "by reason of imports of that merchandise" in paragraph (2); and (C) by adding at the end thereof the following new sentence: "For purposes of this subsection and section 7050t>)(l), a reference to the sale of merchandise includes the entering into of any leasing arrangement regarding the merchandise that is equivalent to the sale of the merchandise.". (2) Section 705(b)(1) (19 U.S.C. 1671(b)(1)) is amended by inserting ", or sales (or the likelihood of sales) for importation," immediately after "by reason of imports". (b) Section 731 (19 U.S.C. 1673) is amended— (1) by inserting "or by reason of sales (or the likelihood of sales) of that merchandise for importation" immediately after "by reason of imports of that merchandise" in paragraph (2), and (2) by adding at the end thereof the following new sentence: "For purposes of this section and section 735(b)(1), a reference to the sale of foreign merchandise includes the entering into of any leasing arrangement regarding the merchandise that is equivalent to the sale of the merchandise.". (c) Section 735(b)(1) (19 U.S.C. 1673d(b)(l)) is amended by adding ", or sales (or the likelihood of sales) for importation," after "by reason of imports". SEC. 603. WAIVER OF VERIFICATION.
Section 703(b) (19 U.S.C. 1671b(b)) is amended by adding at the end thereof the following new paragraph: "(3) PRELIMINARY DETERMINATION UNDER WAIVER OF VERIFICA-
TION.—Within 55 days after the initiation of an investigation the administering authority shall cause an official designated for such purpose to review the information concerning the case received during the first 50 days of the investigation, and, if
� | WIKI |
Addiction to nasal spray – recognize and treat
Finally, the days are getting brighter again and the flowers are starting to bloom. If only there were not the annoying pollen, to which so many are allergic. Constant sneezing and a chronically blocked nose are part of everyday life for many. The solution sounds tempting and simple: nasal spray. But many people become addicted to nasal spray.
In seconds, the nose is swollen down and free breathing is possible again. But unfortunately it is not quite that simple. Nasal spray has an extremely high risk of addiction, which many underestimate. According to the Barmer health insurance fund, an estimated 100,000 – 120,000 people in the Federal Republic of Germany suffer from nasal spray addiction. The actual number is estimated to be much higher, as many people are not even aware that they are addicted.
The mode of action of nasal sprays is explained quite simply. The ingredients xylometazoline or oxymetazoline cause the blood vessels to contract, reducing blood flow. As a result, the nasal mucosa swells and nothing stands in the way of taking a deep breath through the nose. Unfortunately, this is exactly what causes the addiction to nasal spray.
Recognize addiction to nasal spray
But what exactly is the danger? If you use nasal spray over a longer period of time, a so-called rebound effect sets in. This means that the nasal spray does exactly the opposite of what it is supposed to do – it clogs the nose only a short time after it has been used. The mucous membranes get used to the ingredients, they dry out, swell up again faster and faster and block the nose.
This leads to an increased consumption of nasal spray, to addiction to nasal spray. One thus enters a vicious circle. But that is not enough. The permanent irritation of the nasal mucosa dries it out more and more, making it more susceptible to viruses and bacteria. The bottom line: colds become more frequent. Experts therefore advise not to use nasal sprays for longer than a week.
Treat addiction to nasal spray
But what way out of an addiction to nasal spray is there once you’ve fallen into it? There are several methods to kick the nasal spray habit. In the best case, such a plan should be discussed in advance with an ENT specialist.
The radical weaning: consistently stop using the nasal spray. It is by far the hardest way, but after two weeks the ordeal is over and the nose should be free again.
Gradual discontinuation: The nasal spray can also be weaned off gradually by minimizing the dosage step by step until you can ultimately do without it altogether. Tip: If you have been taking nasal spray for adults up to now, you can switch to a nasal spray for children as a first step and then to one for infants. This way, the intervals do not have to be increased, but the dosage can simply be reduced.
Another way would be to fill up an opened bottle with sterile water so that the medication is diluted and the dosage is minimized.
Unilateral weaning: this approach involves using the nasal spray on only one side until the other side weans. If one can breathe freely again through the weaned nostril, the point has come when the nasal spray can be omitted altogether.
Alternatives to the nasal spray
But are there helpful alternatives to nasal spray? Salt water nasal sprays are completely harmless. Inhalation can also provide relief for a blocked nose. But let’s be honest, with a real cold or a strong pollen allergy, nothing helps as well as a nasal spray. However, for short use, it is also perfectly fine to fall back on a conventional nasal spray.
And one more thing should be said: As a rule, the nasal mucosa recovers completely after overcoming an addiction.
Text: mabelle | ESSENTIALAI-STEM |
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