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Non-rebreather mask
A non-rebreather mask (NRB, non-rebreather, non-rebreather facemask, etc.) is a device used in medicine to assist in the delivery of oxygen therapy. A NRB requires that the patient can breathe unassisted, but unlike a low-flow nasal cannula, the NRB allows for the delivery of higher concentrations of oxygen. An ideal non-rebreather mask does not permit air from the surrounding environment to be inhaled, hence an event of a source gas failure (e.g., the oxygen tank being drained completely) is life-threatening.
Design
The non-rebreather mask covers both the nose and mouth of the patient and attaches with the use of an elastic cord around the patient's head. The NRB has an attached reservoir bag, typically one liter, that connects to an external oxygen tank or bulk oxygen supply system. Before an NRB is placed on the patient, the reservoir bag is inflated to greater than two-thirds full of oxygen, at a rate of 15 liters per minute (lpm). Approximately ¹⁄₃ of the oxygen from the reservoir is depleted as the patient inhales, and it is then replaced by the flow from the O2 supply. If the bag becomes completely deflated, the patient will no longer have a supplemental source of oxygen to breathe.
Exhaled gas is directed through a one-way valve in the mask, which prevents the inhalation of room air and the re-inhalation of exhaled air. The valve, along with a sufficient seal around the patient's nose and mouth, allows for the administration of high concentrations of oxygen, approximately 60% - 90% O2. Many textbooks report higher oxygen concentrations, however formal studies reporting these levels are not referenced to research. The patient must partially deflate the reservoir bag during inspiration or the high oxygen concentration will not be achieved, and the mask will provide only the flow rate setting on the flowmeter.
Ideally, a non-rebreather mask would not permit air from the surrounding environment to be inhaled. However, due to safety concerns regarding anti-suffocation protection in the event of a source gas failure (i.e. the oxygen cylinder being drained completely), one of the two one-way valves is normally removed, allowing inhalation of outside air to a significant degree. However, as almost all non-rebreathing masks are disposable, and manufactured in one adult size, most (from decades of clinical observation) do not provide a good seal with an individual patient's face, thus permitting the inflow of large amounts of ambient air (most air follows the path of least resistance), and diluting the oxygen provided. Hence, very few patients receive anything close to 100% oxygen. Very high flows (> = 30 LPM) from the oxygen flowmeter are required to partially overcome room air dilution. Further, the larger the patient's inspiratory flow rate, the greater the dilution from air. Very little effort is required by most patients, to inspire at flow rates in excess of 50 LPM (easily seen in the pulmonary function lab with routine spirometric testing).
Partial rebreather masks are designed to capture the first 150ml of the exhaled breath into the reservoir bag for inhalation during the subsequent breath. This portion of the breath was initially delivered at the end of inhalation and was therefore delivered to the "deadspace" anatomy where gas exchange did not occur. Therefore, there would be no depletion of oxygen nor gain of carbon dioxide during the rebreathing component.
Usage
The non-rebreather mask is utilized for patients with physical trauma, chronic airway limitation, cluster headache, smoke inhalation, and carbon monoxide poisoning, or any other patients who require high-concentration oxygen, but do not require breathing assistance. Patients uncomfortable with having a mask on their face, such as those with claustrophobia, or patients with injuries to the mouth are more likely to benefit from a nasal cannula, or passive ("blow-by") oxygen. Patients who are unable to breathe on their own would require invasive or noninvasive mechanical ventilation. | WIKI |
Fred Everiss
Fred Everiss (1882–1953) was secretary-manager of the English football club West Bromwich Albion for 46 years from 1902 to 1948, later serving the club as a director after retirement in 1948. Everiss led Albion to the League Title in the 1919–20 season and to the FA Cup in 1931.
Everiss joined Albion's office staff in 1896. He was appointed secretary-manager in 1902, a post he would hold until 1948. His 46 years in the job technically make him English football's longest-serving manager of all time, although much of his combined role was administrative, and the job of picking the team was left to the directors. Indeed, Albion did not create the full-time post of 'manager' until Everiss left his position. He was made a director upon his retirement in 1948 but died five years later in 1953 at the age of 70.
Everiss' son Alan joined the Albion staff in 1933. He was associated with the club for 66 years, serving as clerk, assistant-secretary, secretary, director and life member until his death in 1999 at the age of 81.
Honours
Football League First Division
* Champions: 1919-20
* Runners-up: 1924-25
Football League Second Division
* Champions: 1901-02, 1910-11
* Runners-up: 1930-31
FA Cup
* Winners: 1931
* Runners-up: 1912, 1935
* Semi-finalists: 1907
FA Charity Shield
* Winners: 1920
* Runners-up: 1931 | WIKI |
Dickens/quiz2
Back to Dickens
Knowledge Check 1
Read the following questions and select the best answer. When you are finished making your selection, click the "Submit" button.
{Oliver Twist is a: - ANIMAL - GIRL - WOMAN + BOY
* type=""}
{His favourite meal was Gruel. + True - False
* type=""}
{He famously said "Please, sir, I want some more". + True - False
* type=""}
{ In the Disney version Scrooge is a: + Duck - Elephant - Dog - All of the above
* type=""} | WIKI |
949 A.2d 26
Calbert Augustus LAING v. VOLKSWAGEN OF AMERICA, INC.
No. 1040,
Sept. Term, 2007.
Court of Special Appeals of Maryland.
May 29, 2008.
Hy David Rubenstein (Kimmel & Silverman, P.C., on the brief), Owings Mills, for appellant.
Ronald G. DeWald (Victor I Weiner, Lipshultz and Hone, Chartered), Silver Spring, for appellee.
Panel: DAVIS, HOLLANDER and CHARLES E. MOYLAN, JR. (retired, specially assigned), JJ.
DAVIS, J.
Shortly after purchasing a 2004 Volkswagen Touareg, appellant, Calbert Augustus Laing, became dissatisfied with the vehicle and, nearly two years later, brought suit against appellee, Volkswagen of America, Inc., the manufacturer. In the complaint filed in February of 2006, appellant alleged three counts of statutory violations for breach of warranties under the Maryland Automotive Warranty Enforcement Act (Maryland Lemon Law) and the Magnuson-Moss Warranty Act, a federal consumer protection oriented statute, for the alleged nonconformities. In the third count, appellant claimed a violation of the Maryland Consumer Protection Act, which proscribes unfair and deceptive trade practices.
Appellant filed suit regarding three specific defects of the vehicle, in which he claimed that appellee’s failure to remedy those conditions constituted the three mentioned statutory violations. On September 26, 2006, appellee moved for summary judgment. The circuit court denied the motion.
On June 6, 2007, the day trial was to have commenced, appellee renewed the motion for summary judgment at the conclusion of all the evidence. With a jury already empaneled, the circuit court found that the undisputed material facts as established by the submissions pursuant to Maryland Rule 2-501 (a) were insufficient to generate an issue of fact for the jury to decide. Without expert testimony establishing a defect, the circuit court determined that appellant failed to establish a warranty claim as a matter of law; summary judgment was therefore entered.
Appellant subsequently filed this appeal, raising the following issue, which we have rephrased and consolidated as follows:
Whether the circuit court erred in granting a motion for summary judgment upon finding that appellant failed to establish legally sufficient evidence to pursue his claims under the Magnuson-Moss Warranty Act, the Maryland Automotive Warranty Enforcement Act and the Maryland Consumer Protection Act.
For the following reasons, we affirm the circuit court’s decision that each cause of action required appellant to prove a defective condition through expert testimony to generate a triable issue for the jury to decide.
FACTUAL BACKGROUND
In October of 2004, appellant purchased a demonstrator 2004 Volkswagen Touareg from Darcars College Park Volkswagen (Darcars), operating as College Park Motor Cars, Inc., an authorized dealership of appellee, for $44,584. The odometer had a reading of 5,289 miles at the time of sale. A “Limited New Vehicle Warranty” accompanied the sale of the vehicle and covered the remaining portion of the original new car warranty for four years or fifty thousand miles, whichever occurred first. The limited warranty provided for the repair or replacement of parts with defects in materials or workmanship, except for wheel alignment, tire balancing and repair or replacement of tires. Any Volkswagen dealership was authorized to perform the warranty services. Appellant also purchased a maintenance package from Darcars for $875, which stated an agreement that appellee would provide oil changes, tire balancing and rotation and seasonal inspections and appellant was obliged to avail himself of same as required. Appellant received a pamphlet, titled “Owner Information about Consumer Protection Laws,” with information regarding his right to enforce warranties upon notifying appellee, in writing, of any nonconformity.
A. Service History
Over the course of two years, appellant took the vehicle to the dealership “something like [twenty-four] times” for repairs. Repair orders from the dealership document the complaints lodged by appellant on each of those occasions and detail the extent of the services performed. The complaints ranged from pieces of trim on the interior of the vehicle coming loose to more serious issues. The odometer registered approximately 23,000 miles during those two years when many of the “minor” problems were repaired, including the replacement of two broken pieces of trim, application of paint sealant and repair of a loose rail, air bag light, trim on the grill and the horn. According to appellant, there were three other “significant problems,” none of which has been resolved: the windshield wiper fluid emitted an odor that made appellant feel nauseous; the tires made “unusual” sounds; and the vehicle hesitated then surged after being stopped.
Virtually each time that the vehicle was taken to the dealer for servicing, the dealer rotated the tires at appellant’s request. Nearly every 3,000 miles, appellant scheduled oil changes and had general maintenance services performed as recommended by the manufacturer.
i. Window Washer Fluid
On January 20, 2005, three months after appellant purchased the vehicle, appellant complained to the dealership of odors from the window washer fluid and exhaust fumes. The dealer inspected the vehicle, but found no leaks. Appellant feared that, because window washer fluids contain poisonous substances, “constant inhaling of the substance can be a very serious health hazard.” Two months later, appellant returned to the dealership to complain again of the odor. This time, the dealership suggested that appellant utilize the recirculation setting on his heating and cooling system to prevent exterior odors from penetrating the interior of the vehicle. As part of the services performed on that day, the dealer rotated the tires.
ii. Tires
On June 8, 2005, the dealer once again rotated the tires. Days later, appellant returned, this time complaining that the tires were making an “unusual sound.” Appellant claimed that, at first, the dealer did not “take the problem very serious[ly].” When appellant returned on June 22, 2005, one of the dealer’s technicians road tested the vehicle and concluded that the noise was caused by “cupping” or, in other words, the uneven wearing of the tread. The dealer informed appellant that cupping could not be corrected, but that it could be avoided by rotating the tires every 4,000 miles. Per appellant’s request, the tires were rotated and balanced.
On August 24,2005, rather than going directly to the dealer, appellant contacted “the people at Volkswagen” and persuaded them to pay to replace the tires. At that time, the odometer registered 14,714 miles. Appellee informed appellant that the tires were not covered under warranty, but agreed to replace two of the tires as a matter of goodwill as long as appellant paid for their installation.
The replacement of the two tires “temporarily” corrected the problem. Nearly 6,000 miles later, the cupping problem recurred. In early September of 2005, appellant contacted the manufacturer of the tires and persuaded it to replace the other two tires. The manufacturer sent appellant to Merchant’s Tire & Auto Centers, one of their suppliers, to perform the installation.
iii. Hesitation
Appellant’s most significant complaint was that, whenever he attempted to accelerate “the car would sit” and “then after a brief period of about ten seconds or so, it would jump off.” The hesitation problem was brought to the dealer’s attention on three different occasions. The first time was on or about August 22, 2005. Appellant informed the dealer that he typically noticed hesitation in the mornings when it was cold outside. The dealer attempted to duplicate the hesitation by keeping the vehicle overnight and test driving it in the morning; however, the dealer’s test concluded that the vehicle was performing according to specifications. The second time that appellant complained about the hesitation problem was in mid-September of 2005. In addition to hesitation, appellant reported that there was a “slight shimmy on the steering.” To correct the shimmy, the dealer balanced the tires. Despite these efforts, appellant claims that the shimmy persisted. On that visit, the dealer also diagnosed the hesitation as a computer problem and, therefore, installed new computer parts. Shortly after the repairs, the hesitation problem recurred and appellant returned the vehicle for servicing. This time, the dealer diagnosed the hesitation problem as an electrical malfunction in the fuel pump and then replaced the fuel pump. In mid-October of 2005, when appellant lodged his third complaint, the dealership informed appellant that they would need to schedule a test drive with a district representative from their regional office to try to ascertain the problem. Appellant was never contacted to schedule the test drive. On that same visit, appellant notified the dealer about the window washer fluid odor and the vibration of the tires. Once again, the dealer rotated the tires.
Appellant also experienced other problems with the Touareg. In December of 2005, the dealer repaired the parking brake by replacing a cable. In January of 2006, appellant took the vehicle to the dealership, complaining that the locking system failed and that a piece of trim had fallen off the mechanism that operates the seat belt. The dealer replaced the trim, but determined that the locking system was performing to specifications. In March of 2006, the dealer repaired the brake lights and, three months later, it repaired squeaky door hinges. In September of 2006, the dealer repaired the light inside the trunk that was falling off.
B. The Complaint
The genesis of this appeal is the lawsuit to redress the unrepaired conditions. On February 22, 2006, appellant filed a complaint in the circuit court, alleging the three statutory violations, seeking damages in the amount of the purchase price of the vehicle, consequential damages, attorneys’ fees and court costs. In the first count, appellant alleged that, despite appellee’s attempts to have the conditions repaired, the conditions substantially impaired the vehicle’s use and diminished its market value, thereby constituting a breach of warranties in violation of the Maryland Automotive Warranty Enforcement Act. Under the Maryland Lemon Law, he averred, there is a presumption that a reasonable number of repair attempts have been made when the vehicle is subject to repair four times or when the vehicle has been out of service for a total of thirty calendar days due to the nonconformities. See generally Md. Code Ann., Com. Law § 14 — 1502(c)(1) and § 14 — 1502(d)(1), (2).
In the second count, appellant alleged violations of the Magnuson-Moss Warranty Act as a result of appellee’s failure to conform the vehicle to the warranties. As the foundation for the Magnuson-Moss Warranty Act claim, appellant alleged breach of express warranty, implied warranty of merchantability, implied warranty of fitness for a particular purpose and breach of contract and unfair trade practices.
In the third count of his complaint, appellant alleged unfair and deceptive trade practices under Maryland’s Consumer Protection Act, found in Title 13 of the Commercial Law Article, derived from the alleged violation of the Maryland Automotive Warranty Enforcement Act, supra. A violation of the Maryland Automotive Warranty Enforcement Act constitutes an “an unfair or deceptive trade practice” under the Consumer Protection Act. See Md. Code Ann., Com. Law § 14-1504(a) and § 13-301 (14)(xi).
In May of 2006, appellant designated James E. Lewis of Valley Automotive Consulting as an expert witness. Lewis neither inspected nor road tested the vehicle, but was expected to testify as to the repair history and diminution in value. In a report submitted to the court, Lewis described as “significant facts” the three complaints related to the engine management system, the two complaints involving the electrical system and the two complaints involving the braking system.”
C. Motion For Summary Judgment
On September 27, 2006, appellee moved for summary judgment. Appellee argued that the Maryland Automotive Warranty Enforcement Act is inapplicable to the claim as it only applies to “new vehicles.” Alternatively, even if it were applicable, appellee argued that appellant may not pursue remedies under the Lemon Law because he failed to notify the manufacturer of the defects. See Md. Code Ann., Com. Law § 14-1502(b)(l). Appellee also argued that Lewis’s opinion should be excluded because he had not used any diagnostic test nor road-tested the vehicle and he had formulated an opinion based solely on the repair orders. Appellant had not disclosed any plans to produce any other expert witness to testify as to any defect in materials or workmanship. Thus, appellee averred that appellant’s claim solely consisted of his complaints to the dealership, which, in appellee’s view, constituted descriptions of symptoms, not allegations of defects in materials or workmanship.
With respect to the count for federal law violations, appellee challenged the implied warranty of fitness for a particular purpose claim on grounds that there was a lack of evidence indicating a particular purpose. Regarding breach of express warranty and implied warranty of merchantability, appellee contended that appellant failed to produce evidence sufficient to establish a defect. Concerning the breach of contract and unfair trade practices, appellee maintained that the Magnuson-Moss Warranty Act simply did not provide any remedy for those alleged violations. For the aforementioned reasons, appellee asserted that it was entitled to judgment as a matter of law on the undisputed facts to support a claim under the Maryland Consumer Protection Act.
On February 28, 2007, the court denied appellee’s Motion for Summary Judgment.
D. The Hearing
A hearing was held on June 6, 2007. Prior to the commencement of the hearing, appellee renewed its motion for summary judgment, which was denied. Exhibits were then entered into evidence, including the sales contract, Perfect Delivery Inspection document, Disclosure of Prior Vehicle Use for Dealership or Commercial Purposes document, Maryland Certificate of Title, the warranty, twenty repair orders, the buyer’s guide and photographs of the vehicle.
Appellant testified regarding his various complaints and he explained how these conditions have impaired his use of the vehicle. He stated that he purchased a luxury vehicle, believing that it would give him “a nice, smooth ride,” but did not believe that he received the benefit of that bargain. “A set of tires,” he said, do not last “more than 6,000 miles without the noise.” He asserted, therefore, that there was some defective component that was causing the tires to wear unevenly. He also testified that nothing had been done to alleviate the problem with the odor from the window washer fluid, which limited his use of the windshield wipers during rain or snow. Likewise, nothing — other than replacing the fuel pump — had been done to alleviate the hesitation problem, which he claimed “[was] a very serious problem” that could lead to a “serious accident” if he did not pay “special attention.”
The defense called Lawrence West, a product liaison engineer for Volkswagen of America, to testify. West inspected and test drove the vehicle in August of 2006. He did not hear any noise coming from the tires, nor did he experience the hesitation, nor did he detect the washer fluid odor. West testified that there were several possible causes of the cupping, including air pressurization and wheel alignment. Large vehicles, such as the Touareg, are “off road style vehiele[s] so the tire blocks tend to be quite large.” He explained that, “[w]hen you have a tire that large in circumference, the steel belts that criss-cross and zigzag across the whole tire, they tend to flex and move with time and wear.” When air pressure is low, he said, “the tire can run much hotter than it was normally designed to, which could also cause the belts to shift and the tires could wear funny, the rubber gets much softer, so it starts wearing.” He added that failure to monitor the air pressure can cause premature wear.
West testified that he examined the vehicle and its suspension components and “found no play in any of the ball joints or the tie-rod ends,” “[t]he steering rack was dry and clean” and there were no leaks. He “looked at the control arms, which are the arms that go from the center of the car and actually go out to the wheels and hold everything in place” and “[t]hey were all in good shape.”
West suggested several possible causes of the vehicle’s hesitation, including problems with “electrical controls, any of the sensors, or additionally things like the oxygen sensor, the mass air flow sensor, and position sensors [and] the crank shaft position sensors.” He explained that it may also have been due to “actual mechanical problems” where something shifts inside the engine, dragging brakes or a transmission that does not shift properly. On the other hand, it may have been the result of some external cause, such as the type of gasoline put in the automobile. Another cause may have been that the vehicle has adapted to appellant’s driving style. The Touareg’s transmission has a system that “mimics” different driving styles. For example, when appellant operates the vehicle after another driver has driven, it will take some time before the transmission readjusts to his driving style.
The odor, he explained, could only penetrate the interior through the ventilation for the heating and air conditioning. But, he did not smell any odor when he test drove the car.
E. The Court’s Ruling
At the close of the evidence, appellee renewed its motion for summary judgment. The court granted the motion and entered judgment in favor of appellee, reasoning that
[appellant] has produced no expert evidence of an actual defect, condition, malfunction, or nonconformity in the vehicle that he purchased sufficient in the Court’s view to sustain a breach of Expressed Warranty or Implied Warranty of fitness for a particular purpose or an Implied Warranty of merchantability. And I say that because there’s simply no evidence of the cause of these symptoms in the complaints registered by [appellant].
There’s no evidence of the specific defect or defects or conditions existing in the vehicle. Without such proof, submission of this case to a jury would require the jury to speculate as to the existence of the underlying defect or conditions. The Court believes that [appellant] is required to show more than his complaints and symptoms. He’s got to show the cause of those to get to the jury.
The defects that he complains about, hesitation, tire cupping, windshield wiper smell, are matters in the Court’s view that lie beyond the knowledge of an average person, and expert testimony is required to establish the existence of these kinds of defects. When a vehicle has these kinds of defects, it could be due to any number of reasons. It’s [appellant’s] burden to negate other reasons if he has any chance of prevailing in his claim using only circumstantial evidence to prove a defect. And in cases like this, expert testimony is required.
With regard to the state law claim of breach of warranty, whether it’s expressed or implied, proof of defect is required to prevail on such cause of action in Maryland. Similarly in a case of a breach of Implied Warranty of merchantability, [appellant] has the burden of proving the defect.
* * *
[Appellant] describes the symptoms, and he’s able to describe what does and doesn’t work; however, he’s simply unable in this case to prove the specific actual defect in the subject vehicle.
In addition, we have in this case testimony from an expert. [Appellee] produced an expert, Lawrence West, who inspected the car, drove it, and monitored it with an on board system’s diagnostic computer. He concluded that he reviewed all of the vehicle’s systems, found them to be in proper working order, and it was his expert opinion that to a reasonable degree of mechanical certainty, there are no existing defects in material or workmanship of the vehicle.
So in sum, because [appellant] has failed to forecast sufficient evidence with respect to the existence of these alleged defects or conditions, [appellant’s] cause of action under all three counts fail, and the Court will not submit this case to the jury.
Additional facts will be provided as necessary.
LEGAL ANALYSIS
Initially, appellant contends that, in enacting the current Lemon Law, the Maryland General Assembly intended to distinguish breach of warranty claims brought under the Maryland Automotive Warranty Enforcement Act from product liability claims. He posits that Congress had the same intention when enacting the Magnuson-Moss Warranty Act. According to appellant, the relevant distinguishing factor of breach of warranty claims is that the plaintiff is required only to prove that the warrantor failed to remedy a defective condition. The unsuccessful attempts to repair his vehicle were evidence of defect, malfunction and nonconformity; thus, there was no need for expert testimony.
In distinguishing breach of warranty from product liability claims, appellant maintains that, “even for the higher standards of in [sic] products liability cases expert testimony is recognized as important, but not critical.” He insists that a defective condition may be inferred from circumstantial evidence that establishes that the vehicle was not functioning properly. In appellant’s view, the repair orders presented circumstantial evidence from which the jury could infer defects and that such evidence was sufficient to raise a triable issue under the Maryland Lemon Law and the MagnusonMoss Warranty Act. Consequently, the court’s grant of summary judgment was erroneous.
Appellant contends that the same principles apply to claims brought under the Magnuson-Moss Warranty Act because it simply applies substantive state law. The federal Act merely allows consumers to pursue their breach of warranty claims in both federal and state courts. Appellant postulates that Congress and the Maryland General Assembly, by enacting these statutes, intended to provide consumers with a remedy against automobile manufacturers without requiring the consumer to prove a specific defect or to show causation. Rather, both legislative bodies intended to provide consumers with a mechanism for pursuing claims by demonstrating that a defective condition could not be remedied. Appellant maintains that requiring him to prove the existence of a specific defect thwarts this intent and overburdens plaintiffs because manufacturers are better situated to diagnose defective conditions.
I
STANDARD OF REVIEW
In granting appellee’s motion for summary judgment, the circuit court determined that the evidence was insufficient to generate an issue of material fact for the jury to decide. Summary judgment is proper where the trial court determines that there are no genuine disputes as to any material fact and that the moving party is entitled to judgment as a matter of law. See Md. Rule 2-501. The trial court should not resolve any issue regarding the credibility of witnesses as those matters are left to the trier of fact. Syme v. Marks Rentals, Inc., 70 Md.App. 235, 238, 520 A.2d 1110 (1987).
In reviewing the grant of a motion for summary judgment, appellate courts focus on whether the trial court’s grant of the motion was legally correct. Wood v. Toyota Motor Corp., 134 Md.App. 512, 516, 760 A.2d 315 (2000) (citing Beatty v. Trailmaster Products, Inc., 330 Md. 726, 737, 625 A.2d 1005 (1993)). The parameter for appellate review is determining “whether a fair minded jury could find for the plaintiff in light of the pleadings and the evidence presented, and there must be more than a scintilla of evidence in order to proceed to trial____” Id. Additionally, if the facts are susceptible to more than one inference, the court must view the inferences in the light most favorable to the non-moving party. Id.; see Delia v. Berkey, 41 Md.App. 47, 395 A.2d 1189 (1978), aff'd, 287 Md. 302, 413 A.2d 170 (1980).
In granting appellee’ motion for summary judgment, the circuit court determined that the evidence supplied was insufficient to make a prima facie case. Appellant challenges that ruling by disputing the circuit court’s understanding of the elements necessary to make a breach of warranty claim under the state and federal automotive warranty enforcement laws. We initially consider appellant’s arguments based on federal law.
II
MAGNUSON-MOSS WARRANTY ACT
Appellant claims that the recurrence of the language, “defect, malfunction, or failure to conform,” in the MagnusonMoss Warranty Act indicates Congress’ intent to “widen the definition of a covered condition from a defect to a defect, or a malfunction, or a failure to conform.” Thus, appellant argues that his testimony in conjunction with the repair orders supplied sufficient evidence of a malfunction to prevail under the federal Act.
The Magnuson-Moss Warranty Act was enacted in 1975 “to improve the adequacy of information available to consumers, prevent deception, and improve competition in the marketing of consumer products.” 15 U.S.C.A. § 2302(a) (1975). The legislation was enacted in response to consumer complaints regarding express warranties and disclaimers. Thus, the purpose of this legislation is “(1) to make warranties on consumer products more readily understood and enforceable, (2) to provide the Federal Trade Commission (FTC) with means of better protecting consumers and (3) to authorize appropriations for the operations of FTC----” H.R.Rep. No. 93-1107 (1974), reprinted in 1974 U.S.C.C.A.N. 7702, 7702 (1974). The Act empowers the Federal Trade Commission to prescribe the rules necessary to achieve these objectives. 15 U.S.C.A. § 2302(b). It allows a consumer “who is damaged by the failure of a supplier, warrantor, or service contractor to comply with any obligation under this chapter, or under a written warranty, implied warranty, or service contract” to “bring suit for damages and other legal and equitable relief ... in any court of competent jurisdiction in any State or the District of Columbia.” 15 U.S.C.A. § 2310(d)(1) (1975).
Warranties fall within one of two categories under the Act. An “implied warranty” means “an implied warranty arising under State law.” 15 U.S.C.A. § 2301(7) (1975). ‘Written warranty” means
(A) any written affirmation of fact or written promise made in connection with the sale of a consumer product by a supplier to a buyer which relates to the nature of the material or workmanship and affirms or promises that such material or workmanship is defect free or will meet a specified level of performance over a specified period of time, or
(B) any undertaking in writing in connection with the sale by a supplier of a consumer product to refund, repair, replace, or take other remedial action with respect to such product in the event that such product fails to meet the specifications set forth in the undertaking which written affirmation, promise, or undertaking becomes part of the basis of the bargain between a supplier and a buyer for purposes other than resale of such product.
15 U.S.C.A. § 2301(6).
The Magnuson-Moss Warranty Act further delineates two types of written warranties. Any warrantor who issues a written warranty shall “clearly and conspicuously” designate the warranty as “full” or “limited.” 15 U.S.C.A. § 2303 (1975). By designating the warranty as “full,” the warrantor incorporates the established federal minimum standards. 15 U.S.C.A. § 2304(e) (1975). Section 2304 imposes federal minimum standards for “full warranties” and sets out the minimum remedies for breach. Those federal minimum standards are as follows:
(1) such warrantor must as a minimum remedy such consumer product within a reasonable time and without charge, in the case of a defect, malfunction, or failure to conform with such written warranty;
(2) notwithstanding section 2308(b) of this title, such warrantor may not impose any limitation on the duration of any implied warranty on the product;
(3) such warrantor may not exclude or limit consequential damages for breach of any written or implied warranty on such product, unless such exclusion or limitation conspicuously appears on the face of the warranty; and
(4) if the product (or a component part thereof) contains a defect or malfunction after a reasonable number of attempts by the warrantor to remedy defects or malfunctions in such product, such warrantor must permit the consumer to elect either a refund for, or replacement without charge of, such product or part (as the case may be)....
15 U.S.C.A. § 2304(a). Conversely, if a written warranty fails to meet the federal minimum standards, then the warrantor must conspicuously designate the warranty as “limited.” 15 U.S.C.A. § 2303(a)(2).
Consumers with full warranties are entitled to special remedies for violations of the Act. Only in the case of a “full warranty,” when the consumer product is defective, malfunctions or fails to conform with the written warranty, the warrantor is required to provide a full refund of the purchase price or the replacement of the product if the defect cannot be remedied after a reasonable number of attempts. 15 U.S.C.A. § 2304(a)(1), (4); see also 15 U.S.C.A, § 2303; see generally MacKenzie v. Chrysler Corp., 607 F.2d 1162, 1167 (5th Cir. 1979) (“The remedies set forth in [15 U.S.C.A. § 2304] are applicable only to ‘full’ warranties.”).
By definition, no federal minimum standards apply to a limited warranty; thus, limited warrantors are not obligated to provide consumers with the minimum remedies found in § 2304. See generally 15 U.S.C.A. §§ 2303-2304. Instead, actions for breach of limited or implied warranties are governed by state laws. See id.; MacKenzie, 607 F.2d at 1167; Schimmer v. Jaguar Cars, Inc., 384 F.3d 402, 405 (7th Cir. 2004) (Consumers may enforce written and implied warranties under the Act in federal court, “borrowing state law causes of action.”); Gardynski-Leschuck v. Ford Motor Co., 142 F.3d 955, 956 (7th Cir.1998). Therefore, from the consumer’s perspective, “The chief advantage of proceeding under the Magnuson-Moss Act for breach of limited warranty or breach of implied warranty is the availability of attorney fees to a prevailing consumer under 15 U.S.C. § 2310(d)(2).” Mayberry v. Volkswagen of Am., Inc., 278 Wis.2d 39, 692 N.W.2d 226, 232 (2005).
The case sub judice involves implied warranties and a written warranty labeled “limited.” These warranties are not subject to the minimum requirements of § 2304, supra, and, accordingly, appellant is not entitled to those substantive remedies under the federal Act. To prevail on a state claim under the Magnuson-Moss Warranty Act, appellant contends that a plaintiff does not need to prove a specific defect, but only that the vehicle has malfunctioned and that appellee was unable to remedy the condition within a reasonable number of attempts. Appellant argues that courts must distinguish between product liability claims, which require proof of a specific defect, from breach of warranty actions. Moreover, appellant claims “[t]here is nothing in the text of either the Maryland Lemon Law or the Magnuson-Moss Warranty Act that requires the purchaser of the automobile to present expert testimony as to the failure of the automobile to perform properly.”
There are relatively few reported cases in Maryland that discuss the application of substantive state law under the Magnuson-Moss Warranty Act, although it is well established that the Magnuson-Moss Warranty Act “supplements State law with regard to its limited and implied warranty provisions.” Crickenberger v. Hyundai Motor Am., 404 Md. 37, 944 A.2d 1136 (2008); accord Champion Ford Sales, Inc. v. Levine, 49 Md.App. 547, 433 A.2d 1218 (1981) (“The Act thus permits recovery of attorneys’ fees by a consumer who prevails in an action against the seller for breach of an implied warranty under state law provided the seller is afforded an opportunity to cure.”); Hardy v. Winnebago Indus., Inc., 120 Md.App. 261, 706 A.2d 1086 (1998).
In Crickenberger, supra, a recent decision of the Court of Appeals, the claims pursued in that lawsuit and the contentions raised therein are remarkably analogous to those claimed in the case sub judice. The Court in that case held that “[t]he Magnuson-Moss Act requires no less than Maryland Law in order to establish a breach of a limited or implied warranty as to a consumer product.” Id. Thus, the Court concluded that a state law claim under the Magnuson-Moss Act requires that the plaintiff prove that a specific defect existed at the time of sale. Id.
In that case, Mary Susan Crickenberger purchased a Hyundai with an odometer reading over 8,000 miles. The Hyundai came with a limited warranty that covered the repair or replacement of any defect in materials or workmanship. The vehicle had previously been used by the Hertz Corporation as part of its rental fleet. During her ownership, Crickenberger had various components of the vehicle repaired and replaced, including, inter alia, a fuel pump, battery, canister close valve, the alternator and generator. She also experienced “ongoing operating problems.” Two years after the purchase of the vehicle, the dealer repaired the front fender and a headlamp that were damaged as a result of an accident. When the odometer registered 63,700 miles, the vehicle ceased working altogether. Crickenberger filed a lawsuit against Hyundai Motor America (HMA) after its authorized dealer refused to replace the engine under the limited warranty. Her complaint alleged violations of the Maryland Consumer Protection Act, Magnuson-Moss Warranty Act and the Maryland Automotive Warranty Enforcement Act. HMA moved for summary judgment, which was granted.
Although Crickenberger had a limited warranty, she relied on the minimum remedies provided for full warranties under § 2304, supra, of the Magnuson-Moss Warranty Act. Crickenberger argued that, even though state law requires a plaintiff to demonstrate a specific defect, the federal statute does not. In making this argument, Crickenberger relied on out-of-state cases, all of which were distinguished. The Court of Appeals held that “[ijnasmuch as these cases apply full warranty requirements to limited warranties, in dissonance with state law, we decline to follow them.” Crickenberger, supra, at 48, 944 A.2d 1136.
A. Burden of Production
Crickenberger next relied on Osburn v. Bendix Home Sys., Inc., 613 P.2d 445 (Okla.1980), Genetti v. Caterpillar, Inc., 261 Neb. 98, 621 N.W.2d 529 (2001), and Vernon v. Lake Motors, 26 Utah 2d 269, 488 P.2d 302 (1971), for the proposition that circumstantial evidence may be used to support an inference that the vehicle was defective. The Court rejected Crickenberger’s theory that the federal Act lowers a plaintiffs burden to establish a prima facie breach of implied or limited warranty case. Crickenberger, at 48-49, 944 A.2d 1136.
In reaching that decision, the Court turned to Maryland case law for support. In Hacker v. Shofer, 251 Md. 672, 676-77, 248 A.2d 351 (1968), a case involving a claim for breach of implied warranty based on a defective bicycle that led to an accident, the Court held that, in order to prevail on a theory of breach of express or implied warranty, the plaintiff must prove that the product did not conform to the representations of the warranty at the time it left the seller’s control. “[T]o allow the jury to decide whether there was a breach of warranty, there must be some evidence beyond mere speculation which would enable the jury to rationally decide it is more probable than not that the defect existed at the time of sale.... ” Giant Food, Inc. v. Wash. Coca-Cola Bottling Co., Inc., 273 Md. 592, 609, 332 A.2d 1 (1975). Irrespective of whether the theory of recovery is breach of warranty, negligence or strict liability, a plaintiff must show “three ‘product litigation basics’ — defect, attribution of defect to seller, and a causal relationship between the defect and the injury.” Ford Motor Co. v. Gen. Accident Ins. Co., 365 Md. 321, 335, 779 A.2d 362 (2001) (citing Harrison v. Bill Cairns Pontiac of Marlow Heights, Inc., 77 Md.App. 41, 50, 549 A.2d 385 (1988)). Consequently, a plaintiff must prove that there was a defect and that the defect existed at the time of sale.
In some instances, by virtue of the circumstances themselves, an inference may reasonably be drawn that the product is inherently defective. Ford Motor Co., 365 Md. at 337, 779 A.2d 362 (quoting Harrison, 77 Md.App. 41, 549 A.2d 385). A defect attributable to the manufacturer of the product may be inferred “where circumstantial evidence tends to eliminate other causes, such as product misuse or alteration .... ” Id. An example of when such an inference may reasonably be drawn is when a new vehicle malfunctions and results in an accident. See, e.g., Phipps v. Gen. Motors Corp., 278 Md. 337, 345-46, 363 A.2d 955 (1976) (“[T]he steering mechanism of a new automobile should not cause the car to swerve off the road ...; the drive shaft of a new automobile should not separate from the vehicle when it is driven in a normal manner ...; the brakes of a new automobile should not suddenly fail ...; and the accelerator of a new automobile should not stick without warning, causing the vehicle suddenly to accelerate.”) (internal citations omitted). In any event, “(ojne’s right to recovery may not rest on any presumption from the happening of an accident” alone; there must always be some proof of defect. Harrison, 77 Md.App. at 51, 549 A.2d 385 (quoting Jensen v. Am. Motors Corp., 50 Md.App. 226, 232, 437 A.2d 242 (1981)).
The point at which circumstantial evidence sustains an inference is when the proof of defect rises above “surmise, conjecture, or speculation.” Harrison, 77 Md.App. at 51, 549 A.2d 385. The following four factors are considered by courts in determining whether the circumstantial evidence supports an inference of a product defect:
(1) expert testimony as to possible causes; (2) the occurrence of the accident a short time after the sale; (3) same accidents in similar products; (4) the elimination of other causes of the accident; (5) the type of accident that does not happen without a defect.
Id. (quoting Cornell Drilling Co. v. Ford Motor Co., 241 Pa.Super. 129, 359 A.2d 822, 827 (1976), overruled on other grounds by REM Coal Co. v. Clark Equip. Co., 386 Pa.Super. 401, 563 A.2d 128, 134 (1989); Prosser, Law of Torts, § 103, at 673-74 (4th ed. 1971)).
The Court concluded that Crickenberger failed to establish that the vehicle was defective at the time it left HMA’s control. Crickenberger, supra, at 56, 944 A.2d 1136. A trier of fact could not reasonably infer the existence of a defect because Crickenberger had not eliminated other potential causes of the operating problems. Id. Crickenberger’s vehicle had many miles of usage prior to her purchase; no evidence was produced as to the state of the vehicle’s care while it was owned by the Hertz Corporation; the vehicle had also been involved in an accident while in Crickenberger’s possession; and there was nothing to indicate that the operating problems were unrelated to that accident. Id. Furthermore, according to the service orders, Crickenberger did not obtain general maintenance services at the intervals recommended by the manufacturer. Id. Under these circumstances, expert testimony was necessary to establish a defect linked to the materials or workmanship by a process of elimination of all other possible causes of the vehicle’s problems. Id. The Court held that, without expert testimony, Crickenberger’s testimony as to the existence of a defect was nothing more than mere speculation. Id.
B. The Instant Case
Appellant relies on the same out-of-state cases that were relied on by Crickenberger, including Mason v. Porsche Cars of North Am., Inc., 688 So.2d 361 (Fla.Dist.Ct.App.1997), Universal Motors, Inc. v. Waldock, 719 P.2d 254 (Alaska 1986) and Cline v. DaimlerChrysler Co., 114 P.3d 468 (Okla.Civ.App. 2005). These cases are all distinguishable from the circumstances of the case sub judice for the same reasons that they were distinguished in Crickenberger — the minimum substantive remedies found in § 2304, supra, do not apply to limited warranties.
Appellant also relies on Osburn v. Bendix Home Sys., Inc., 613 P.2d 445 (Okla.1980); Genetti v. Caterpillar, Inc., 261 Neb. 98, 621 N.W.2d 529 (2001); and Vernon v. Lake Motors, 26 Utah 2d 269, 488 P.2d 302 (1971), and his arguments parallel those made in Crickenberger, supra. As the Court held in Crickenberger, whether circumstantial evidence, rather than direct proof of an actual defect, is sufficient to make out a prima facie breach of warranty claim depends on the nature of the circumstances and the facts of the particular case.
Preliminarily, a relevant factor which weighs in appellant’s favor is that appellant, unlike Crickenberger, adhered to the manufacturer’s recommendations and regularly obtained oil changes, had the tires balanced and rotated and had general maintenance services regularly performed. There was nothing in the -history of the Touareg’s ownership to indicate any misuse or other potential causes of mechanical problems attributed to previous owners.
Despite the proper routine repair maintenance of the Touareg, the evidence was insufficient to overcome the burden of production necessary to generate a material issue for the jury. Appellant produced repair orders evidencing that he registered his complaints to the dealership regarding several problems inherent in the vehicle. Many of the defects were repaired; however, the hesitation, the odor from the window washer fluid and the cupping of the tires, according to appellant, continued to be problems. Appellant’s testimony and the repair orders are insufficient to establish defect, attribution of defect to the seller and existence of defect at the time of sale. This evidence is insufficient, even when viewed in the light most favorable to appellant, for any reasonable trier of fact to conclude that the vehicle is affected by any defect in materials or workmanship.
Although appellant has repeatedly complained of these conditions, there is no other documentation evidencing the existence of these conditions or to link them to a defect attributable to the manufacturer. West, the expert who testified at the hearing, test drove and inspected the Touareg. He did not hear any noise coming from the tires, experience any hesitation, nor smell any odor emanating from the washer fluid. No one, other than appellant, ever smelled the window washer fluid odor and no one, other than appellant, experienced the hesitation.
Moreover, West testified that the vehicle may be displaying certain symptoms due to reasons other than defective materials or workmanship. With respect to the tires, appellant testified that he believed that there was something defective with the vehicle that is causing the tires to wear unevenly. The dealership advised appellant that there was only one solution to the tire problem. Appellee’s representative instructed appellant to have the tires rotated every 4,000 miles; however, appellant testified that he had the tires rotated and balanced each and every time he took the vehicle in for servicing. At the hearing, West identified an alternative explanation for the cupping, ie., uneven wear of the tires may be caused by air pressurization. He suggested that the cupping may be caused by appellant’s failure to regularly monitor the air pressure in the tires.
West indicated that his identification of potential causes of hesitation were too complex for him to discuss them all. Of those that were mentioned, many involved a malfunctioning component while others were unrelated to the materials or workmanship of the vehicle. For instance, because of the technological intricacies of the computerized engine, the vehicle’s ability to adjust to the manner in which the operator drove the vehicle may have caused the vehicle hesitation. Another potential cause may be due to the type of gasoline used in the vehicle.
To counter the alternative causes, appellant suggested that, by virtue of replacing the computer parts and the fuel pump in an unsuccessful attempt to repair the hesitation, the dealer conceded that hesitation was caused by some mechanical component malfunctioning. On cross-examination, appellant testified that the serviceman told him that the computer part was being replaced to remedy the hesitation problem; however, that causal link was never documented in any of the repair orders. To generate an issue for the jury, appellant was required, at a minimum, to show that the hesitation problem was related to a specific malfunctioning component. Based on all of the evidence adduced, a jury could not determine that there was a defect and that the defect existed at the time of sale. To do so would require the jury to engage in speculation and conjecture. Thus, favorable expert testimony was necessary to sustain appellant’s burden of production. See generally 5 Lynn McLain, Maryland Practice: Maryland Evidence, State and Federal § 300.7 (1987) (“If the trier of fact could not reasonably infer a fact essential to a party’s charge, claim, or defense without favorable expert testimony, the party will fail to meet its burden of production if it fails to produce adequate expert testimony.”) Under the circumstances, a reasonable jury could not return a verdict in favor of appellant on the evidence presented. Summary judgment was appropriate.
Ill
MARYLAND AUTOMOTIVE WARRANTY ENFORCEMENT ACT
Additionally, appellant invokes the remedial provisions of the Maryland Automotive Enforcement Act, seeking to return the vehicle and to obtain a full refund of the purchase price. Appellant suggests that the Maryland General Assembly enacted the Lemon Law because “the then current law was inadequate to protect automobile consumers” and, therefore, the intent of the legislature was to create a new cause of action. The clear intent of the legislature, according to appellant, was “to expand the class of maladies covered by the Lemon Law from just defects to any nonconformity, defect, or condition.” Appellant suggests that this language is evidence that the legislature intended to differentiate warranty causes of action from product liability standards.
The Maryland Automotive Warranty Enforcement Act expands the warranty provisions of the Maryland Commercial Law Article, §§ 2-313 through 2-318, only insofar as it provides special remedies for the breach thereof. Murphy v. 24th St. Cadillac Corp., 353 Md. 480, 489, 727 A.2d 915 (1999) (The Court discussed the expansion of the Maryland Lemon Law warranty provisions to apply to automobile leasing arrangements under the Consumer Motor Vehicle Leasing Contracts Act, found in §§ 14-2001 through 14-2010 of the Maryland Commercial Law Article. In that context, the Court interpreted the Maryland Lemon Law to require the plaintiff to prove the existence of a defect.); Hardy, 120 Md.App. 261, 706 A.2d 1086 (holding that an implied warranty of merchantability and the Automotive Warranty Enforcement Act are “separate creatures of separate statutes” with separate remedies for their respective violations). Section § 14-1502(c)(1) of the Maryland Commercial Law Article provides that “[i]f, during the warranty period, the manufacturer or ... its authorized dealer is unable to repair or correct any defect or condition that substantially impairs the use and market value of the motor vehicle to the consumer after a reasonable number of attempts, the manufacturer ... shall ... [r]eplace the motor vehicle” or “... refund to the consumer the full purchase price.... ”
Special remedies under the Maryland Lemon Law are available when the defects cannot be rectified. There is a presumption that reasonable attempts to repair have been undertaken, if “[t]he same nonconformity, defect, or condition has been subject to repair 4 or more times” or “[t]he vehicle is out of service by reason of repair of 1 or more nonconformities, defects, or conditions for a cumulative total of 30 or more days during the warranty period” or “[a] nonconformity, defect, or condition resulting in failure of the braking or steering system has been subject to the same repair at least once within the warranty period ... and the repair does not bring the vehicle into compliance with the motor vehicle safety inspection laws of the State.” Md. Code Ann., Com. Law § 14-1502(d).
When these special remedies are sought, the plaintiff is required to establish “(1) the existence of a defect, (2) the defect must be one that the manufacturer is unable to fix after a reasonable number of attempts, and (3) the defect must be one that substantially interferes with the use and market value of the vehicle.” Evans v. Gen. Motors Corp., 459 F.Supp.2d 407, 412 (D.Md.2006) (citing Murphy v. 24th St. Cadillac Corp., 353 Md. 480, 727 A.2d 915 (1999)).
Appellant has failed to do so. As we have discussed, supra, the evidence does not sustain an inference of the existence of a specific defect nor establish a causal link between that defect and the diminished value of the vehicle.
IV
MARYLAND CONSUMER PROTECTION ACT
Appellant’s claim that the failure to cure the defects constituted a breach of the Maryland Consumer Protection Act must also fail. Md. Code Ann., Com. Law § 13-301(14)(xi). A violation of the Automotive Warranty Enforcement Act is an unfair and deceptive trade practice under the Consumer Protection Act. Evans, 459 F.Supp.2d at 414. In other words, a claim under the Maryland Consumer Protection Act is a derivative of the Automotive Warranty Enforcement Act and, therefore, a violation of the former is predicated on a claim for the violation of the latter. Id. Thus, to prevail on the Maryland Consumer Protection Act claim, appellant was required to prevail on his Lemon Law claim and, having failed to prove a defect under the Maryland Lemon Law, appellant also has failed to prove unfair and deceptive trade practices.
JUDGMENT OF THE CIRCUIT COURT FOR PRINCE GEORGE’S COUNTY AFFIRMED.
COSTS TO BE PAID BY APPELLANT.
. The Maryland Automotive Warranty Enforcement Act, also known as the “Lemon Law,’’ is found in Md. Code Ann. (1984, 2001 Repl. VoL), Com. Law §§ 14-1501 through 14-1504.
. Unless otherwise provided herein, we shall refer to 15 U.S.C.A. §§ 2301-2312 (1982; 1997 Supp.) as “the Magnuson-Moss Warranty Act.”
. Unless otherwise provided herein, we shall refer to Md. Code Ann. (1975, 2006 Repl. Vol.), Com. Law § 13~301(14)(xi), titled "Proscribed practices,” as "the Maryland Consumer Protection Act.”
. The Maryland Automotive Warranty Enforcement Act, otherwise known as the "Lemon Law,” is a statute, enacted in most states, designed to protect a consumer who buys a substandard automobile usually by requiring a manufacturer or dealer, either to replace the vehicle or to refund the full purchase price. Black’s Law Dictionary, Seventh Edition, 1999.
. See, e.g., Md. Code Ann., Com. Law § 14-1502(c)(l) (Under Maryland Lemon Law, the manufacturer must replace or return the purchase price of the vehicle if the manufacturer is “unable to repair or correct any defect or condition that substantially impairs the use and market value of the motor vehicle to the consumer after a reasonable number of attempts----”); 15 U.S.C.A. § 2304(a)(4) (Under the MagnusonMoss Warranty Act, the manufacturer must replace or return the purchase price of the vehicle “if the product (or a component part thereof) contains a defect or malfunction after a reasonable number of attempts by the warrantor to remedy defects or malfunctions in such product.''); Md. Code Ann., Com. Law § 13-301(14)(xi) (Maryland’s Consumer Protection Act proscribes violations of the Maryland Lemon Law.)
. A demonstrator vehicle is one that has been used for customer road testing or by the employees of the dealership, manufacturer or distributor.
. "Shimmy” means an abnormal vibration in the front wheels of a motor vehicle. Webster’s New World Dictionary (2nd ed. 1982).
. Appellee explains that a potential reason why appellant was not contacted is because he retained legal representation around that time.
. Express warranties by the seller are created by "[a]ny affirmation of fact or promise ... which relates to the goods,” "[a]ny description of the goods” and "[a]ny sample or model.” Md. Code Ann. (1975, 2007 Repl. Vol.), Com. Law § 2-313.
. An implied warranty of merchantability is "implied in a contract ... if the seller is a merchant with respect to goods of that kind.” Md. Code Ann. (1975, 2007 Repl. Vol.), Com. Law § 2-314(1). To be merchantable, goods must at least “[p]ass without objection in the trade under the contract description; ... [i]n the case of fungible goods, are of fair average quality within the description; ... [a]re fit for the ordinary purposes for which such goods are used; ... [rjun, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; ... [a]re adequately contained, packaged, and labeled as the agreement may require” and "[c]onform to the promises or affirmations of fact made on the container or label if any.” Md. Code Ann., Com. Law § 2-314(2).
. An implied warranty of fitness for particular use arises "[wjhere the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller’s skill or judgment to select or furnish suitable goods____” Md.Code Ann. (1975, 2007 Repl. Vol.), Com. Law § 2-315(1).
. Md.Code Ann., Com. Law § 13-301(14)(xi).
. Lewis did not testify at the hearing.
. "If a new motor vehicle does not conform to all applicable warranties during the warranty period, the consumer shall, during such period, report the nonconformity, defect, or condition by giving written notice to the manufacturer or factory branch by certified mail, return receipt requested. Notice of this procedure shall be conspicuously disclosed to the consumer in writing at the time of sale or delivery of the motor vehicle.” Md.Code Ann., Com. Law § 14 — 1502(b)(1) (emphasis added).
. The notification dispute was resolved prior to trial with the parties stipulating that a letter was sent by appellant’s counsel to appellee, dated October 24, 2005, notifying Volkswagen of the potential claims.
. Appellee concedes that the Magnuson-Moss Warranty Act does not create a new cause of action and that it merely incorporates substantive state law.
. The Court of Appeals granted writ of certiorari, sua sponte, while the appeal was still pending in this Court. Crickenberger v. Hyundai, 402 Md. 36, 935 A.2d 406 (2007).
. Because the parties filed their briefs before the Court of Appeals issued its ruling in Crickenberger v. Hyundai Motor Am., 404 Md. 37, 944 A.2d 1136 (2008), neither party has cited to the decision in their respective briefs.
. Mason v. Porsche Cars of North Am., Inc., 688 So.2d 361 (Fla.Dist.Ct. App.1997), Universal Motors, Inc. v. Waldock, 719 P.2d 254 (Alaska 1986) and Cline v. DaimlerChrysler Co., 114 P.3d 468 (Okla.Civ.App. 2005) were all cases involving full warranties and, accordingly, all relied on the application of the minimum substantive remedies under § 2304, supra.
. The plaintiff, it should be noted, bears the same burden of proof for strict liability and negligence claims. Ford Motor Co., 365 Md. at 334, 779 A.2d 362.
. Md. Code Ann. (1987, 2007 Repl. Vol.), Com. Law §§ 14-2001 through 14-2010.
| CASELAW |
-- German Industry Says Proposed EU Gender Quotas Are Illegal
German industry groups representing
thousands of companies and small businesses voiced their
opposition to gender quotas imposed by the European Union, which
they say would impinge on shareholder rights and be illegal. The proposed 40 percent threshold for female directors on
supervisory boards would particularly burden family-owned
companies, the presidents of the BDA, BDI and DIHK trade groups
said in a letter to politicians including Economy Minister
Philipp Roesler obtained by Bloomberg News today. “Substantially increasing the number of women in
leadership positions is an important issue of concern for German
business,” the groups said. “It is nonetheless firmly against
binding standards of a uniform quota for supervisory or
executive boards.” The European Commission adopted a draft proposal in
November aimed at requiring supervisory boards to be at least
two-fifths female by 2020. Companies may face sanctions if they
fail to favor women over equally qualified men. Germany lags European peers when it comes to female
representation on corporate boards. Women represent 7.2 percent
of the total number of German executive board members and 13.8
percent of supervisory board members, according to an October
study by the European Commission. That compares with an EU-wide
average of 15.8 percent and 16.8 percent, respectively. The new measures would apply to about 5,000 listed
companies in the EU by 2020 and state-owned companies by 2018,
the commission said. They exclude companies with less than 250
employees or global sales below 50 million euros ($64 million). The letter, which was also sent to Labor Minister Ursula von der Leyen, Justice Minister Sabine Leutheusser Schnarrenberger and Angela Merkel’s Chief of Staff Ronald Pofalla, said the quota contravenes the EU’s subsidiarity
principle, which gives national laws precedence over those
agreed in Brussels. “The measures already undertaken by EU member states to
increase the proportion of women in leadership positions in the
private sector are not taken into sufficient account,” the
industry bodies wrote. To contact the reporter on this story:
Alex Webb in Munich at
awebb25@bloomberg.net To contact the editor responsible for this story:
Simon Thiel at
sthiel1@bloomberg.net | NEWS-MULTISOURCE |
Nainsook
Nainsook is a soft, fine, lightweight form of muslin. Muslin encompasses a broad range of fabrics of varying weight and fineness, but is always a plain weave, cotton fabric. The word 'nainsook' is first documented in 1790, and derives from the Hindi word nainsukh, which literally means "eye's delight".
Nainsook was often used to make babies' clothing or lingerie at least until the 1920s. Nainsook cotton was also often used to make bias tape in the 1950s and 1960s. | WIKI |
El Chapo Case Draws Mexico Closer to U.S.
MEXICO CITY — Mexico has started letting American agents carry guns on its soil. A special Mexican unit trained by Americans has been revived after stalling because of mistrust and a sense of national pride. American agents are working with Mexican soldiers to seize guns, and the two nations just agreed on a plan to tackle the heroin epidemic. Even before Joaquín Guzmán Loera, the infamous drug trafficker known as El Chapo, tunneled out of Mexico’s most secure prison over the summer, the Mexican government had begun rebuilding its strained relationship with the United States. But the drug lord’s stunning escape shrank that distance even more, creating a sense of shared urgency that had not existed in years. “It has been complicated in the past,” said John Kirby, the State Department spokesman. “But more and more, we’re finding common ground and common cause.” Mr. Guzmán managed to evade one of the largest manhunts in Mexican history for nearly six months before being recaptured on Friday — and even then, he almost escaped again. He slipped out of a heavily defended compound as Mexican soldiers barreled in before dawn, ducking into an escape route hidden behind a closet and sneaking into the sewers before he was finally caught, officials said Monday. But long before Mr. Guzmán’s embarrassing escapes, the Mexican government had been under pressure to do more against drug violence and impunity. A jump in homicides last year, including the deaths of eight soldiers after a little-known gang fired a rocket-propelled grenade at a government helicopter, made President Enrique Peña Nieto’s policy of keeping the Americans at arm’s length on security matters much harder to uphold, especially given his plummeting approval ratings. In particular, the unexplained disappearance of 43 students at a teachers college riled the nation and made international headlines, drawing ire and scrutiny of the president’s attempts to switch the conversation to economics and away from security. “On the security side, there was initially a nationalistic movement to reset the agenda in Mexico’s terms,” a former American official said. “But it shifted to one of greater pragmatism because the risk of getting it wrong was simply too high.” Shortly after Mr. Peña Nieto came to office in 2012, Mexican and American officials say, there was a shock within his administration’s ranks at how deeply their predecessors were collaborating with the Americans, including the use of American drones and manned surveillance flights over Mexican soil to track suspects. “To some extent, they were horrified when they got into office,” a current senior American official said. “It was like: ‘Wow, the Americans are really into everything. Not just in our bedroom, but ruffling through our underwear drawer.’ ” Instead of focusing on security, catching kingpins and intercepting drugs, Mr. Peña Nieto wanted to make trade and economics the priority. His administration pushed changes in the energy and telecommunications spheres meant to mirror the free-market efforts of its neighbor to the north. At the same time, there was a sudden halt to the level of security cooperation that had existed under his predecessor, Felipe Calderón. Mr. Peña Nieto’s government, uncomfortable with what it saw as American agents and officials interacting with its people at every level, demanded that all information sharing and collaboration be centralized, choking off lines of coordination with American law enforcement agencies. His government suspended a Mexican unit trained by American agents. It stopped allowing local and state officials to use an American database of illicit firearms, even though 70 percent of the guns confiscated in Mexico came from the United States, according to a report issued Monday by the Government Accountability Office. From the beginning, Mexican and American officials say, the Mexican attorney general, Jesús Murillo Karam, made it clear to his American counterparts that there would be a severe drop in extraditions to the United States. Mexico was rebuilding its judicial system, Mr. Murillo Karam told several American officials, and drug lords and others should pay for crimes committed in Mexico inside the Mexican system. Extraditions to the United States dropped by nearly half. “There was a deep frustration with the direction things were heading,” said the senior official, who spoke on the condition of anonymity because the official did not have the authority to talk to reporters. But violent crimes, initially down during the Peña Nieto administration, began to climb again. The strategy of smashing cartels and targeting gang leaders was causing them to fracture into more deadly and unpredictable gangs. Violence engulfed parts of the country. In meetings with government officials, Mexican businesses began complaining about Mr. Peña Nieto’s strategy of ignoring the security problem and keeping the Americans at bay. “The titans of Mexican business were saying to government officials that they better get a handle on the security situation or their economic reform would be a footnote,” the American official said. Mexican officials also recalled hearing that the constant negative news was affecting not only the country’s reputation, but also its businesses. Last February, Mr. Peña Nieto swapped out his attorney general, Mr. Murillo Karam, who had boasted that Mexico would hold onto Mr. Guzmán in Mexican prisons for “some 300, 400 years” before it ever consented to extraditing him to the United States. In his place, the president put a former senator, Arely Gómez González. Mexican and American officials said that Mr. Peña Nieto had instructed Ms. Gómez to fix the relationship with the Americans, and that she had set to work doing just that. She met with the American attorney general, Loretta E. Lynch, in an effort to reset the troubled ties. American and Mexican officials say it worked. Paperwork to extradite Mr. Guzmán, which had been collecting dust while Mr. Murillo Karam was in office, was sent to Mexico. But only weeks later, Mr. Guzmán escaped by slipping through a hole in the shower of his cell, which led to a mile-long tunnel 30 feet below ground. It was the second time he had escaped a Mexican prison, humiliating the president and causing him to further rethink the relationship with the United States. “The big trigger for the sea change was the second escape of El Chapo during this administration,” a former high-ranking Mexican official said, speaking on the condition of anonymity to avoid angering the government. American officials shared intelligence with their Mexican counterparts, who took the lead on the hunt. Though initially reluctant to accept the offers of help, the Mexican government quickly conceded, and the two nations began working together once more. Mexico soon sent several other top suspects to the United States, breaking with the stance that holding them in Mexican prisons would demonstrate the country’s sovereignty. And once Mr. Guzmán was recaptured, Mexico announced almost immediately that it would extradite him, too. Cooperation has increased on a number of other fronts, according to R. Gil Kerlikowske, the commissioner of United States Customs and Border Protection. Mr. Kerlikowske, who was the White House drug czar from 2009 until taking over the border patrol agency in 2014, said that despite the stumbles after Mr. Peña Nieto was elected, the relationship had begun improving long before El Chapo’s escape. He pointed to a legal change the Mexican government made last year that will permit American agents to carry sidearms on Mexican soil. Mr. Kerlikowske said that an American customs facility in Mexico would be his agency’s first use of that new arrangement, which is aimed at speeding up trade. Officials in Mexico still resent America’s direct role in the violence here. As the new Government Accountability Office report makes clear, the guns that Mexican cartels get from the United States are shipped through the same routes and tactics that traffickers use to smuggle cash and drugs across the border. But after the friction of previous years, joint efforts between the two countries “have been bolstered and are gaining momentum,” the report found. Meetings to share information have started up again, it said. Information is flowing more freely. The Mexican unit trained by Americans has been rekindled. But that newfound spirit of cooperation is hardly universal, officials warned. While both sides were eager to catch Mr. Guzmán, that is far from true in every case. “If it’s someone they also want you to look at, the doors fly open and the cooperation is amazing,” said another senior American official. “If not, we get the same stonewalling.” | NEWS-MULTISOURCE |
User:NCShark1979
NCShark1979
NCShark1979 is a Northern Cape based Sharks / Rugby supporter. He believes in the Game. Sport and Politics should not mix. | WIKI |
William McDaniels
William McDaniels (fl. 1779) was one of the original pioneers of Breckinridge County, and where the town of McDaniels got its name. McDaniels was with Captain William Hardin, John Jolly, Christopher Bush and Sinclair when they came to Breckinridge County in 1779.
When John Bruner and William McDaniels first came to Hardin's Fort, they brought their wives, an African-American slave, and a baby, and their possessions down the Ohio River by flatboat to settle in Breckinridge County. The Bruner and McDaniels flatboat was tied up just below the Falls of Sinking Creek. John and William went to Hardin's Fort to get some assistance, and as soon as they were out of sight, a small band of Shawnee warriors attacked the Bruner and McDaniels flatboat at the Falls of Sinking Creek.
As the Shawnee warriors came towards the flatboat, Mrs. McDaniels jumped into the Sinking Creek in an attempt to escape, but she drowned instead. The Shawnee captured Mrs. Bruner, her baby, and the Black slave. Along the trek towards the Shawnee village near Fort Vincennes (Indiana), the Shawnee killed the Black slave. Because Mrs. Jolly wasn't traveling fast enough, the Shawnee warriors "took it from her, split the overhanging branch of a tree, thrust the child's hands through the crevice, and leaving it dangle, made sport of shooting it to death before its mother's anguished eyes". Other reports say that the Shawnee warriors stabbed her in the thigh with a knife, and scalped her, the same time they killed her baby.
After several months of living in captivity in the Shawnee village, the soldiers of Fort Vincennes managed to rescue Mrs. Bruner, and aided her return to her husband in present-day Breckinridge County.
Death
After a few years, William McDaniels was killed by two Native Americans while bringing some cows in to be milked. Sam Spencer managed to kill both of the natives.
One afternoon when it was his turn to round up the cattle and bring them into the fort for the night William McDaniels asked his friend, Samuel Spencer, to accompany him on this relatively short expedition. At some distance from the fort, Spencer called warningly "Indian Dog!", instantly taking cover. McDaniels, however, froze in his tracks and was immediately shot by one of the several Indians they had encountered. Spencer killed two Native Americans on the spot—one with his own gun, and one with the gun of his fallen friend. Then he began running toward the fort. Loading as he ran, he managed to kill three more Native Americans that were pursuing him.
The searching party from Hardin's Fort only found the body of William McDaniels. | WIKI |
Business
How Ball Valve Manufacturers Contribute to Safe and Efficient Operations
Ball valve manufacturers play a critical role in ensuring the safe and efficient operation of various industrial processes. Ball valve manufacturers invest heavily in research and development to create innovative designs that enhance performance. Modern ball valves are engineered to handle extreme pressures, temperatures, and corrosive environments. By incorporating advanced materials like stainless steel, alloys, and specialized coatings, manufacturers ensure that ball valves can withstand harsh conditions without compromising functionality. Innovations such as trunnion-mounted ball valves and floating ball designs provide greater control and reliability in high-pressure applications.
Quality Control and Standards
To guarantee the safety and reliability of their products, ball valve manufacturers adhere to stringent quality control measures and industry standards. Compliance with international standards such as API, ANSI, and ISO ensures that ball valves meet rigorous safety and performance criteria. Manufacturers conduct extensive testing, including pressure tests, leak tests, and durability tests, to verify that their valves operate correctly under various conditions. This rigorous approach helps prevent failures that could lead to accidents or operational downtime.
Custom Solutions
The ball valve manufacturers offer customized ball valves tailored to specific industry needs. Customization can involve modifications in size, material, and valve type to suit particular operational requirements. For example, in the oil and gas industry, ball valves may need to be designed to handle high-pressure and high-temperature environments. By providing bespoke solutions, manufacturers ensure that each valve performs optimally in its intended application, thereby enhancing overall operational efficiency and safety.
China Top Entry Ball Valve Manufacturers, Suppliers, Factory - Shengqi
Maintenance and Support
Ball valve manufacturers also contribute to safe operations by offering comprehensive maintenance and support services. Regular maintenance is crucial for the longevity and reliability of ball valves. Manufacturers often provide guidelines for routine checks and servicing, and some offer training programs for personnel to ensure proper valve maintenance. Additionally, they offer technical support to address any issues that may arise, helping to prevent unexpected failures and ensuring that valves continue to perform reliably over their lifespan.
Advancements in Automation
The integration of automation technology into ball valve systems has revolutionized how industries manage flow control. Automated ball valves, which can be operated remotely using electric or pneumatic actuators, offer precise control and reduce the need for manual intervention. This automation not only improves operational efficiency but also enhances safety by minimizing human exposure to potentially hazardous environments. Manufacturers are at the forefront of developing and implementing these automation technologies, ensuring that industries can benefit from more streamlined and safer operations.
Dombor ball valve manufacturers are integral to ensuring safe and efficient operations across various industries. Through innovative design, stringent quality control, customized solutions, robust maintenance support, advancements in automation, and sustainability efforts, these manufacturers enhance the performance and reliability of ball valves. Their contributions not only improve operational efficiency but also play a crucial role in safeguarding personnel and protecting the environment. As industries continue to evolve, the role of ball valve manufacturers will remain essential in supporting safe and effective operational practices. | ESSENTIALAI-STEM |
How to Mitigate the Security Risk of Orphaned Applications
By Ryan C. Barnett | Posted 2010-09-21
How to Mitigate the Security Risk of Orphaned Applications
As today's tumultuous economic climate forces organizations in both the private and public sectors to scale back or downsize, many programs, initiatives and even technologies have been abandoned. Similarly, the current economic environment has been rife with mergers and acquisition activity as companies and industries scramble to stay afloat. This has resulted in programs and projects that remain abandoned in their new homes.
In fact, a recent survey of 180 IT security professionals found that over 45 percent of respondents experienced a reduction in force that impacted their security organization's ability to adequately protect the enterprise.
While these effects are often chalked up to the pains of staying in business during challenging financial times, the problem of orphaned applications can mean far greater consequences for organizations if it remains unchecked. In this article, I will explain the challenges of orphaned applications and how organizations can protect them-and the sensitive information they can expose-against savvy Web hackers.
Orphaned application syndrome
Orphaned applications are those that have fallen through the cracks of asset management. In general, it means that the application is still on the network and externally accessible, but no one person or group has been tasked with its administration and management.
The problem with orphaned applications is that the systems are not properly assigned and managed, which means that no one is monitoring the application logging or updating the software with current security fixes and patches. As a result, the applications are left exposed and as ripe targets for attackers to use hacking methods such as SQL injections, cross-site scripting (XSS), and session hijacking and scraping to confiscate confidential information.
The cost of data leakage from abandoned applications could be steep. A recent study found that the financial impact of identity threat breaches is on the rise, with an average cost of $6.75 million per incident. Up to 80 percent of successful attacks against organizations occur due to exploitation of vulnerabilities in Web applications. MasterCard has identified SQL injection as the top reason for card data compromise.
Avoiding Orphaned Applications
Avoiding orphaned applications
Orphaned applications do not need to become security liabilities. Companies can take two proactive steps to identify and protect against applications that have fallen by the wayside to help ensure that hackers aren't given a backdoor entrance to sensitive data and customer information.
Step No. 1: Identify assets
The first step toward avoiding the risks associated with orphaned applications is to identify what applications are running on the network. This can be achieved by using a Web Application Firewall (WAF) that that can identify where Web applications are on the network and the types of data running on them.
Step No. 2: Manage assets
After all applications on the network have been identified, a sophisticated WAF can be configured to block attacks against the applications and to virtually patch identified vulnerabilities in Web applications.
Testing alone will not uncover all vulnerabilities; a real-time solution for identifying and fixing defective and vulnerable production applications is essential. Likewise, many network security solutions fail to identify the orphaned applications that exist in a corporate environment. By using a WAF, businesses can expedite the implementation of solutions for issues without only relying upon time-consuming and complex software updates and patches.
Customized Protection Against Orphaned Applications
Customized protection against orphaned applications
Unfortunately, orphaned applications are becoming an increasingly common problem for businesses. In order for companies to ensure they are protecting their sensitive and confidential data, a WAF must be implemented to first identify all applications on the network-known and unknown-and then block against attacks and other Web threats.
This approach can ensure customized protection for each Web application on a network and gives corporate security teams a detailed understanding of the applications they are protecting. In addition, an advantage of using a WAF is that it makes it easy for employees outside the operations or application teams to keep track of Web applications and provide security. Therefore, if there is turnover within the Web application staff, an external network infrastructure layer exists to monitor and protect the Web applications.
Deploying a Web application security solution can immediately protect orphaned applications against Web attacks. It can also provide invaluable information about application defects found while monitoring the application in the production environment. By continuously identifying and monitoring orphaned Web applications, defects and threats are discovered in real time. Assessing the Web applications in their actual environments allows the firewall to identify defects that might otherwise go unnoticed during a vulnerability scan or code review.
Ryan C. Barnett is a Senior Security Researcher on Trustwave's SpiderLabs Team. Ryan is a SANS Institute faculty member and the OWASP ModSecurity Core Rule Set (CRS) Project Leader. Ryan is also a member of the Web Application Security Consortium (WASC) where he leads the Distributed Open Proxy Honeypot Project. He can be reached at rbarnett@trustwave.com.
Rocket Fuel | ESSENTIALAI-STEM |
How to Redirect Traffic to Another Computer (IP) in Linux
This tutorial explains you how to redirect Internet traffic from one computer running Linux to another IP address.
If you have ever handled the migration of a web service or a website from one server to another you know how crazy the experience can be. However, if you break the process up into clear steps and run constant checks you can make the experience a little easier on yourself. One of the problems that you might run into towards the end of the migration is the period when you have the website running well on the new location but need to wait for the domain name to be forwarded to the new server. You can either shut down your service till the domain is done forwarding, or you can setup your first server to forward all its traffic to the new server. Let’s take a look at how you can do that on a Linux machine using IPTables.
In case you didn’t already know, IPtables is a software firewall that ships with most distributions of Linux. It is an extremely useful software and can be used for a lot more than just as a firewall. In this exercise we will configure IPTables on a Linux server to redirect all the traffic coming on port 80, (which is the default web server port), to a server with the IP 122.164.34.240. The first step is to set your Linux box to allow this kind of forwarding to take place. Open a terminal window, log in as root user and run the following command:
# echo 1 >/proc/sys/net/ipv4/ip_forward
The next step is to tell IPTables to redirect the traffic to the new server:
# iptables -t nat -A PREROUTING -p tcp –dport 80 -j DNAT –to-destination 122.164.34.240
Here’s where the IPTables magic happens. With the third and final step we tell IPTables to rewrite the origin of connections to the new server’s port 80 to appear to come from the old server.
# iptables -t nat -A POSTROUTING -p tcp -d 122.164.34.240 –dport 80 -j MASQUERADE
The final step is required because if we don’t tell the web server of the new server that the connections are coming from the client machines, it would think that they are originating from the old server.
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Home » Linux » How to Redirect Traffic to Another Computer (IP) in Linux
3 thoughts on “How to Redirect Traffic to Another Computer (IP) in Linux”
1. Here’s the correct one for Debian:
iptables -t nat -A PREROUTING -p tcp –dport 80 -j DNAT –to-destination xxx.xxx.xxx.xxx
iptables -t nat -A POSTROUTING -p tcp -d xxx.xxx.xxx.xxx –dport 80 -j MASQUERADE
2. Great!!
Also you can change destination port using (in step 2):
–to-destination 122.164.34.240:8080
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CORDIS - Forschungsergebnisse der EU
CORDIS
Anti-tick Vaccines to Prevent Tick-borne Diseases in Europe
Ziel
Background Ixodes ricinus transmits bacterial, protozoal and viral pathogens that cause Lyme borreliosis, babesiosis and tick-borne encephalitis respectively and exceedingly affect Central and Eastern Europe (CEE). During feeding, ticks introduce salivary proteins in the skin that interfere with host defense mechanisms. However, in animals repeated tick infestations as well as vaccination against selected tick proteins can lead to decreased pathogen transmission by inhibiting tick feeding - known as ‘tick immunity’ - or by neutralizing tick proteins that facilitate the transmission of tick-borne pathogens (TBPs). Also humans with hypersensitivity to tick-bites have a lower risk of contracting tick-borne diseases (TBDs). Therefore, anti-tick vaccines encompass an innovative strategy to prevent TBDs in humans, or animals and wildlife to indirectly reduce the risk of contracting TBDs for humans.
Overall Objective To identify and characterize tick proteins involved in ‘tick immunity’ and TBP transmission and to use this knowledge to develop anti-tick vaccines to prevent multiple human TBDs.
Methods Using state of the art proteomic and transcriptomic approaches we will identify and characterize novel tick salivary gland proteins, which will be subsequently assessed as anti-tick vaccines to protect against LB, babesiosis and TBE in animal models. In addition, through an integrated and multidisciplinary approach involving CEE public health institutes, health organizations and industrial companies we will examine how to develop anti-tick vaccines and implement these in public health systems.
Impact ANTIDotE will deliver 1) essential knowledge on the biological mechanisms involved in the pathogenesis of TBDs, 2) proof of concept of an anti-tick vaccine protecting against multiple human TBPs and 3) plans for exploitation and implementation of anti-tick vaccines, significantly contributing to downscaling the severe medical and economic burden that TBDs have on societies.
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Bernie Sanders urges UNFI to negotiate a ‘fair contract’ with Cub Foods workers
This story was originally published on Grocery Dive. To receive daily news and insights, subscribe to our free daily Grocery Dive newsletter.
Sen. Bernie Sanders has called on United Natural Foods, Inc. as well as two grocery operators to “negotiate in good faith to sign a fair contract” with employees affiliated with United Food and Commercial Workers Local Union 663 after they voted to reject the grocers’ contract offers in May.
Along with UNFI, the Vermont Democrat senator sent letters to Minneapolis-area grocery operators The Haug’s Companies, which runs two supermarkets under UNFI’s Cub Foods franchise, and Knowlan’s Festival Foods.
UNFI said in an emailed statement it takes Sanders’ comments “very seriously” and is in touch with his staff about the ongoing negotiations.
UFCW Local 663 workers at these Minneapolis grocery banners have been working without a contract since March, Sanders wrote in separate letters to the three grocery operators, noting in his letter to UNFI President and CEO of Retail Andre Persaud that this is “absolutely unacceptable.”
Unionized workers at UNFI/Cubs Foods, Haug’s Cub Foods and Knowlan’s Festival voted in May to reject contract offers from the grocery companies. That month, the union representing the workers filed unfair labor practice charges that claimed UNFI/Cub Foods failed to bargain in good faith and alleged additional violations of the National Labor Relations Board by Haug’s and Knowlan’s Festival.
According to UFCW Local 663, the contract rejected by workers would have imposed additional healthcare costs on workers, failed to provide livable raises and sought concessions from the unions.
UFCW Local 663 represents more than 2,300 workers across 33 UNFI Cub Foods locations, according to the senator’s letter to Persaud.
“I have personally heard from these workers, who have expressed serious concerns about your company’s demands for healthcare concessions and your insistence that workers drop current unfair labor practice charges and grievances – including what I understand to be approximately $2 million in sick time class action grievances alone,” Sanders said in the letter to Persaud.
He continued: “These unlawful tactics, including refusing to negotiate, threatening workers, and surveilling employees over their union activity, are unacceptable and have prompted the filing of multiple unfair labor practice charges.”
UNFI said in its emailed statement that it has been negotiating in good faith with UFCW Local 663.
“As part of the negotiations, we’ve offered strong wage increases, continued market leading union health care and significant increases in our contributions to the union’s pension plan to help address underfunding and protect the benefits of all participants. It is our strong hope that the union will choose to meet with us to continue negotiations toward a new contract,” UNFI said in a statement.
The company added that almost 80% of Cub Foods’ workforce is unionized.
UFCW Local 663 said last month that the companies’ conduct “has set the union on a path to potential strikes,” which could involve as many as 2,800 workers at 38 stores throughout the Minneapolis area.
The threat of a strike is the latest challenge facing UNFI. Early this month, the grocery supplier suffered a cyberattack and is currently relying on manual procedures to receive and fulfill orders from customers after having to entirely shut down its online platform on June 6.
Last week, UNFI disclosed that it is mutually ending its relationship with supermarket cooperative Key Food, which includes a $53 million contract termination fee for UNFI.
Recommended Reading
UNFI’s operations remain hobbled following cyberattack | NEWS-MULTISOURCE |
Carolyn Tanner Irish
Carolyn Tanner Irish (April 14, 1940 – June 29, 2021) was an American bishop. She was the 10th Bishop of the Episcopal Diocese of Utah. At the time of her election and consecration in 1996 she became the fourth woman in the Episcopal Church to hold the office of bishop.
Education
Irish received a BA degree with high honors in philosophy from the University of Michigan in 1962 after having transferred from Stanford University where she began her studies in 1958. Also at Michigan she was granted membership in the Phi Kappa Phi Honorary Society. In 1968, she earned a Master of Letters (MLitt) degree in moral philosophy from Linacre College, University of Oxford. Having enrolled in seminary in 1979, Irish received a Master of Divinity (MDiv) degree, cum laude, from the Virginia Theological Seminary in 1983. She held honorary doctoral degrees from Virginia Theological Seminary, Westminster College in Salt Lake City, the University of Utah, The Church Divinity School of the Pacific, the Salt Lake Community College, and Utah State University.
Background
Irish was born in 1940 and raised in Salt Lake City, Utah, daughter of Utah businessman, philanthropist, and University of Utah philosophy professor Obert Clark Tanner. During her upbringing, her family was active in the Church of Jesus Christ of Latter-day Saints, but she stopped attending church after she left home for college. In 1960, while at Stanford University, she married Leon E. Irish, another Stanford student, who later earned a law degree from the University of Michigan and a D.Phil. from Oxford University. She studied at Linacre College, Oxford, where she was an honorary fellow. Together they had four children; Stephen, Jessica, Thomas, and Emily.
Because of her children, Irish began attending church again in 1975 and said of the Episcopal Church, "I was surprised when I realized that this was my home." By 1977 she was considering entering the ordained ministry and two years later began seminary. Having been raised and baptized in the LDS Church, there has been debate in some circles over the validity of her baptism and subsequent ordination However, at the time of her confirmation into the Episcopal Church, her baptism was recognized as valid. The sacraments of baptism and confirmation are both prerequisites of ordination in the Episcopal Church.
In 1983, Irish was ordained to the diaconate, followed in 1984 by her ordination to the priesthood in the Episcopal Diocese of Washington, DC. As a priest, she served congregations in the dioceses of Washington, D.C., Virginia, and Michigan. She was appointed archdeacon in the Diocese of Michigan in 1986, and later served on the staff of the Shalem Institute for Spiritual Formation, and the Washington National Cathedral.
Throughout her service, Irish led a program called Project Jubilee. All 22 churches and a number of ministries have benefited from Project Jubilee grants and loans that purchased land, paid mortgages, assisted construction, and made the very existence of several parishes a reality. Most recently, Project Jubilee funds were used for a portion of the new Episcopal Church Center of Utah. The funds came from the Perpetual Trust of Sts. Peter and Paul, which resulted from the sale of St. Mark's Hospital under her predecessor, Bishop George Bates. Irish was originally elected as bishop coadjutor near the end of Bishop Bates' service. Irish also followed a policy of financial transparency, so all could see the monetary blessings the diocese has had to enrich its work and outreach.
In addition to her episcopal duties, Irish also served as chair of the board of O.C. Tanner Co., the employee recognition company founded by her father. Irish also served on the Standing Committee on Ecumenical Relations for the National Episcopal Church and the Advisory Board of the Shalem Institute for Spiritual Formation as well as the boards of directors of the Tanner Lectures on Human Values and the Nature Conservancy of Utah. The Carolyn Tanner Irish Humanities Building at the University of Utah bears her name. She also established a reputation as a community leader. Outspoken from the start of her service, she supported minorities and opposed allowing guns in churches. She also fought political movements to make English the only language that could be used in governmental laws and information. She held honorary doctorates from the University of Utah, Utah State University, Salt Lake Community College, Westminster and Weber State University.
In 1988, Irish was divorced from her husband after 28 years of marriage. In 1999, she took a leave of absence to cope with her alcoholism. In 2001, she married the Rev. Frederick Quinn, a retired foreign service officer and author.
In 2010, Irish retired from her Episcopal Church position and continued her Utah ties, but primarily lived in Washington D.C. She and her husband had six adult children between them, with most of them living in the eastern United States. | WIKI |
BRIEF-Nova reports quarterly earnings of $0.53 per share
Aug 2 (Reuters) - Nova Measuring Instruments Ltd * Nova reports record second quarter 2017 results * Q2 non-gaap earnings per share $0.53 * Q2 gaap earnings per share $0.47 * Q2 revenue rose 58 percent to $56.1 million * Says well on pace for another significant growth year * Sees $51 million to $56 million in q3 revenue * Sees q3 2017 non-gaap earnings per share $0.33 to $0.43 * Sees q3 2017 gaap earnings per share $0.27 to $0.37 Source text for Eikon: Further company coverage: | NEWS-MULTISOURCE |
Mercury(I) chloride
chemical compound
(Redirected from Calomel)
Mercury(I) chloride structure
Mercury(I) chloride, also known as calomel and mercurous chloride, is a chemical compound. Its chemical formula is Hg2Cl2. It has mercury and chloride ions in it. The mercury is in its +1 oxidation state.
PropertiesEdit
It is a white to pale yellow crystalline solid. It is toxic, but not as toxic as mercury(II) chloride because it does not dissolve in water. It turns back into mercury and mercury(II) chloride when reacted with ammonia or exposed to ultraviolet light. The black color that came from the reaction with ammonia gave its name "calomel" (beautiful black). It is a weak reducing agent. It is the most common mercury(I) compound.
OccurrenceEdit
Calomel as a mineral
Calomel is sometimes found as a mineral, but it is quite rare.
PreparationEdit
It is made by reacting mercury with mercury(II) chloride. It can also be made by reacting mercury(I) nitrate with sources of chloride, such as sodium chloride.
UsesEdit
It is used in electrochemistry as a reference electrode. Reference electrodes are used to find the electrode potentials (ability to be oxidized and reduced) of other chemical substances. Since it decomposes when light is shined on it, it is used to see how many photons are in a light beam. It was used as medicine in the past, although it was toxic.
Related pagesEdit | ESSENTIALAI-STEM |
Page:United States Statutes at Large Volume 83.djvu/844
816
71 Stat. 357. 22 USC 1872 note. 68 Stat. 846. 22 USC 1933 note. 62 Stat. 143; 64 Stat. 198. 22 USC 1509 note.
59 Stat. 597; 61 Stat. 584. 31 USC 841 note. Corporation powers.
PUBLIC LAW 91-175-DEC. 30, 1969
[83 STAT.
"{<.') the term 'eligible investor' means: (1) United States citizens; (2) corporations, partnerships, or other associations including nonprofit associations, created under the laws of the United States or any State or territory thereof and substantially beneficially owned by United States citizens: and (3) foreign corporations, partnerships, of other associations wholly owned by one or more such United States citizens, corporations, partnerships, or other associations: Provided, however, That the eligibility of such foreign corporation shall be determined without regard to any shares, in aggregate less than 5 per centum of the total of issued and subscribed share capital, required by law to be held by other than the United States owners: Provided further, That in the case of any loan investment a final determination of eligibility may be made at the time the insurance or guaranty is issued; in all other cases, the investor must be eligible at the time a claim arises as well as at the time the insurance or guaranty is issued; and "'(cl) the term 'predecessor guaranty authority' means prior guaranty authorities (other than housing guaranty authorities) repealed by the Foreign Assistance Act of 1969, sections 202(b) and 413(b) of the Mutual Security Act of 1954, as amended, and section 111(b)(3) of the Economic Cooperation Act of 1948, as amended (exclusive of authority relating to informational media guaranties). " SEC. 239. GENERAL PROVISIONS AND POWERS.—(a) The Corporation >hall have its principal office in the District of Columbia and shall be deemed, for purposes of venue in civil actions, to be a resident thereof. " (b) The President shall transfer to the Corporation, at such time as he may determine, all obligations, assets and related rights and responsibilities arising out of, or related to, predecessor programs and authorities simihir to those provided for in section 234(a), (b), and (d). lentil such transfer, the agency heretofore responsible for such predecessor programs shall continue to administer such assets and obligations, and such programs and activities authorized under this title as may be determined by the President. "(c) The Corporation shall be subject to the applicable provisions of the Government Corporation Control Act, except as otherwise provided in this title. " (d) To carry out the purposes of this title, the Corporation is authorized to adopt and use a corporate seal, which shall be judicially noticed; to sue and be sued in its corporate name; to adopt, amencl, and repeal bylaws governing the conduct of its business and the performance of the powers and duties granted to or imposed upon it by law; to acquire, hold or dispose of, upon such terms and conditions as the Corporation may determine, any property, real, personal, or mixed, tangible or intangible, or any interest therein; to invest funds derived from fees and other revenues in obligations of the United States and to use the proceeds therefrom, including earnings and profits, as it shall deem appropriate; to indemnify directors, officers, employees and agents of the Corporation for liabilities and expenses incurred in connection with their Corporation activities; to require bonds of officers, employees, and agents and pay the premiums therefor; notwithstanding any other provision of law, to represent itself or to contract for representation in all legal and arbitral proceedings: to purchase, discount, rediscount, sell, and negotiate, with or without its endorsement or guaranty, and guarantee notes, participation certificates, and other evidence of indebtedness (provided that the Corporation shall not issue its own securities, except participation cer-
� | WIKI |
When someone is very ill, they are often referred to as “the resuscitation triangle.” The “triangle” refers to the three people who are closest in the triangle—the doctor, the nurse, and the family. This is a very important role to play, because the triangle functions to help the person who is ill or injured regain their health and well-being.
This role is very important. It is important to keep these roles in mind when you’re thinking about how to best assist someone else. In a way, the triangle is the “voice of reason” to the person who is ill or injured. It gives them a reason to keep working on their recovery, while being careful not to hurt anyone.
While this role is important, its main purpose is to help those who are ill or injured. When doing CPR, you want to be as close to the patient as possible so that you can start the treatment as soon as possible. The best way to do this is to do as much as possible in the same room with the patient. This is a very useful way to avoid having the patient injure themselves in their recovery.
There are several roles, which basically represent different stages of a person’s recovery. There are the ones you find when you take a look at the medical report, and then there are the resuscitation triangle roles. The “triangle” is the term for a triangle shape, the “r” stands for “recovery.” The purpose of the triangle is to keep the patient alive and move them along as quick as possible.
This is a very useful way to avoid having the patient injure themselves in their recovery. There are several roles, which basically represent different stages of a persons recovery. There are the ones you find when you take a look at the medical report, and then there are the resuscitation triangle roles. The triangle is the term for a triangle shape, the r stands for recovery. The purpose of the triangle is to keep the patient alive and move them along as quick as possible.
The triangle can be used as a tool for assessing the progress of a patient in a manner similar to the way you might assess the progress of a child by looking at their height and weight. The same concept is used to assess how long a hospital stay has been completed by a patient. A person can be seen to have progressed through the triangle and be able to be discharged from the hospital.
The triangle is a useful tool because it is a simple, efficient, and accurate way to assess how much progress a patient has made in the course of a hospitalization. It is also useful in situations where a patient is experiencing a traumatic event, and it can be used to make a person aware of what their next steps should be.
I was introduced to death by a friend who was dying, and it was a shock to me to learn that he was actually a patient of the hospital. As a parent, I would not have believed it.
We’re not sure what happened to our friend when he went to the hospital to die, but it seems that he was suffering from an illness and was not in a position to make a good diagnosis. After the first day of the hospital, he received a phone call from a nurse that he was not supposed to be in the hospital, and that he should be at home.
It’s not a surprise as to why he was admitted to the hospital. We can’t imagine how a person could end up being ill enough to be admitted to the hospital for a day. It also seems that the hospital had no idea who to call, and that when the man who’d called did not return, the nurse had to start the whole process over again. | FINEWEB-EDU |
Gary Reed
Gary Reed is the name of:
* Gary Reed (comics) (1956–2016), US comic book writer and publisher
* Gary Reed (athlete) (born 1981), Canadian middle-distance runner | WIKI |
Vital Vitamins
Vitamins are essential nutrients that your body needs in small amounts to work properly.
A healthy, varied diet will provide most people with all the vitamins they require. There may however be certain times in life when a multivitamin supplement may be of benefit; for example:
• Women who are planning to become pregnant and women in the first twelve weeks of pregnancy should take a folic acid supplement of 400 micrograms per day. This is to prevent neural tube defects in the baby (e.g. spina bifida). A higher dose of folic acid is required for women who have certain medical conditions or where there is a history of neural tube defects. Your GP can advise on this.
• Those at risk of osteoporosis e.g. elderly with poor dairy intake or little time outside in the sun etc, may need a calcium and vitamin D supplement.
• Strict vegans may require a vitamin B12 supplement
Vitamin D
For healthy bones, children aged from one year old and all adults need 10 micrograms of vitamin D every day. Babies from birth to one year old need between 8.5 and 10 micrograms of vitamin D every day.
Sources of Vitamin D
The body makes vitamin D when skin is exposed to sunlight. For most Adults during spring and summer (between April and September), the action of sunlight on skin is their main source of vitamin D.
Vitamin D is also found in some foods including:
• fresh and tinned oily fish such as salmon, mackerel, trout kippers and sardines
• eggs and meat
• fortified fat spreads, breakfast cereals, soya and dairy products and powdered milks (amounts in these products vary and are often quite small)
Getting enough Vitamin D
Babies should be given a daily supplement to ensure they get enough vitamin D. Babies taking more than 500ml of infant formula a day do not need any additional vitamin D as formula is fortified.
Children between one and four years old should be given a daily supplement throughout the year to ensure they get enough vitamin D.
As vitamin D is found only in a small amount of foods, it can be difficult to get enough from foods alone. To make sure you’re taking enough vitamin D, children from five years old and all adults including pregnant and breast-feeding women, should take a daily 10 microgram supplement especially in the Autumn and Winter months, between October and March.
Some groups of people are at risk of vitamin D deficiency and need to take a supplement throughout the year. These groups include:
• people who are housebound or in institutions such as care homes
• people who usually wear clothes that cover up most of their skin when outdoors
• people with dark skin from African, Afro-Caribbean and South Asian backgrounds
If you feel you need extra vitamins or minerals you should speak to your doctor first. Some supplements can have unpleasant side effects if taken in larger than recommended quantities. Do not exceed the recomended amounts.
Remember if you do not have any special conditions, it is better to get your vitamins and minerals by eating a wide variety of foods from the four main food groups. | ESSENTIALAI-STEM |
Andrey Demanov
Andrey Yuriyevich Demanov (Андрей Юрьевич Деманов) (born 15 July 1985) is a Russian weightlifter. He competed for Russia at the 2012 Summer Olympics, originally finishing fourth in the men's middleheavyweight category (-94 kg).
On 21 November 2016 the IOC disqualified him from the 2012 Olympic Games and struck his results from the record for failing a drugs test in a re-analysis of his doping sample from 2012. | WIKI |
Maldives Marketing and Public Relations Corporation scandal
The Maldives Marketing and Public Relations Corporation (MMPRC) scandal was a major corruption scandal in the Maldives. In the scheme, more than $90 million was embezzled from Maldives Marketing and Public Relations Corporation. The scandal was made public by a 2016 investigation in Al Jazeera. It culminated in the conviction and imprisonment of former president Abdulla Yameen.
Details
The embezzlement began ahead of the 2014 Maldivian parliamentary election, where funds from MMPRC were used to cover election costs and broker deals for votes in parliament. A second deal involved the leases of at least 50 islands being obtained by private companies for tourism development without public tender, for the benefit of several Maldivian government officials.
It implicated former president Abdulla Yameen, who was charged with corruption and money laundering in 2019 in relation to the deals. He was convicted in 2022, and sentenced to 11 years in prison. A number of other lawmakers were also implicated. Maldivian Police and the Anti-Corruption Commission have investigated 338 people in connection with the scandal. On April 18, 2024, Abdulla Yameen's 11-year prison sentence for money laundering and corruption was overturned by the Maldives High Court, which ordered a retrial on the grounds that the 2022 hearings were "unfair". | WIKI |
Takab (disambiguation)
Takab is a city in West Azerbaijan Province, Iran.
Takab may also refer to:
* Takab, alternate name of Takap, Khuzestan Province
* Takab Bandan, Khuzestan Province
* Takab County, in West Azerbaijan Province
* Takab Rural District (disambiguation)
* Takab-e Kuhmish Rural District
* Security Paper Mill (TAKAB) | WIKI |
EMR Vs EHR: An In Depth Guide On Everything You Need To Know
EMR Vs EHR: An In Depth Guide On Everything You Need To Know
Companies who use electronic medical records often wonder the difference between EMR vs EHR. We share our in depth guide on everything you need to know.
According to the CDC, more than 85% of office-based physicians use EMR/EHR systems. The EMR vs EHR discussion has been going on in recent times. These two digital records are the most prevalent digital healthcare records.
The US health sector is vibrant and very efficient. The biggest reason for this high efficiency is the formulation of health policies. The health industry is subject to many changes and transitions.
The transition from paperwork to digital records has had a massive influence on the industry. Clinics, hospitals, doctor’s offices, and nursing facilities all embrace certain types of digital files.
These two health terms are confusing, and many people use them interchangeably. However, there is a notable difference in these terminologies. Understanding EMR vs. EHR is necessary for the success of technology and practice.
This article discusses the differences between EMR and EHR in the health industry.
What Is EMR?
Electronic medical records (EMRs) are single practice digital versions of a patient’s paper charts. An EMR consists of the medical history, immunization dates, diagnoses, allergies, and medications. EMRs apply just within the practice.
Anyone who isn’t a healthy practice cannot use EMRs. The medical history and treatments can be recorded by the specialists, surgeon, dentist, nurse, or physician.
The EMR accelerates the processes of reviewing the patient files. Also, they help avoid the problems of informational insecurity and operational inefficiencies.
What Is EHR?
An electronic health record is a patient’s health digital record. The EHR handles more than the clinical data to focus on the overall healthcare of the patient. Apart from the medical report, it can also involve any other relevant information such as demographic data and insurance information.
The EHRT has more data which can be easily shared. Authorized health providers can access the data easily instantly whenever need be. Data can be shared with clinicians, pharmacies, schools, workplace, imaging facilities, and lab specialists, among others.
Critical health data can be retrieved anytime to coordinate care within the healthcare system.
The EMR Software
This is an entirely digitized form of a paper chart that keeps track of a patient’s medical information and history. With the EMR management software, the physicians can visit, monitor patients, and examine the health levels of a patient. This software helps physicians to determine different treatment processes.
The EMR stays within the single practice that the patient visits. If a patient has been referred to another facility, this information can be shared through print out or mail. Although the EMR is limited, it’s still useful in medical provision.
Examples of EMR Software
There are many EMR software products across the country. Below are some of the leading products to help you understand the EMR.
1. EpicCare
Epicare is a physician-friendly digital record system built for large hospitals that offer extensive health services. This software simplifies workflow and helps in the management and storage of medical records. This app provides effective monitoring or patient’s medical information through a unified system in the medical facility.
2. Cerner EMR
This software was built around a user-centric architecture. Besides storing the client’s data, it offers medical knowledge, thus reducing inefficiencies. The Cerner EMR system ensures effective management of patient’s medical information in multi-facility capabilities.
The EHR Software
EHR is almost similar to EMR, although it’s more inclusive across the health sector. Software products in EHR provide more capabilities by handling more than the standard clinical data. This software is designed to track a patient from one healthcare facility to another.
The interoperability of the EHR distinguishes it from the EMR. The EHR system shares the patient’s data outside the facility where it was recorded, unlike the EMR.
In recent times, EHR has been considered as the future of healthcare. EHR software offers significant advantages compared to the paper-based systems.
Examples of EHR software includes;
• Therapy Notes
• Care 360
• Practice Fusion
All these systems are user-friendly apps the help keep the patient’s health records. Nevertheless, each software has its strengths and weaknesses.
EMR vs EHR: The Differences
There are many notable differences between the EHR and EMR. Although both apply in healthcare, they serve different purposes.
The EMR contains comprehensive records and information of the patient’s history in a single health facility. The EHR on the other side consists of all sharable info across all authorized healthcare providers. The EHR is a coordinative platform of patient’s information amongst the health providers.
The EMR is applicable in one healthcare facility and cannot be used by other providers. If there is a need for any info, the parent facility provides printout copies. Across the board, the EHR allows movement of patient’s info among healthcare providers.
While the EMR is used for treatment, diagnosis, and care, the EHR can be used for other purposes outside medication. Healthcare providers can use the EHR for decision making, statistical analysis, and planning.
Importance of Both the EMR and EHR in Healthcare Provision
Although these two systems have different usability, they offer mutual benefits to both patients and medical practitioners. They were made to streamline the workability in the sector.
Below are the benefits of these systems;
1. Improved Data Retrieval
EMR and EHR tools act as repositories of documents. Medical records help the health providers in getting critical patient’s data whenever needed. You don’t have to go through manual files looking for information.
Medical and health records increase accuracy in service provision. All data kept in one place is easy to retrieve and use. Besides, you can retrieve other info such as family medical history, allergies, and other critical information.
2. Enhanced Patient Engagement
Digital records help in streamlining patient engagement with healthcare providers. Through their portals, patients can review medical records or even schedule appointments with healthcare providers.
Healthcare providers can reach out to patients by providing information through the EMR and EHR portals.
3. Reducing Time Wastage During Patient Interaction
With medical records in place, healthcare providers don’t have to perform numerous tests on patients. Sifting through the software can give the needed info within minutes if not seconds. In case of emergencies, physicians can administer healthcare quickly.
The Bottom Line
The EMR vs EHR differences are nothing to go by given the benefits in healthcare provision. The digital records are part of the developments in healthcare provision. With the availability of reliable digital record providers, more improvements are likely to be witnessed in the healthcare industry.
If you need any help with medical coding and revenue cycle management, be sure to reach out to us. | ESSENTIALAI-STEM |
This week’s Pupil of the Week Award is for Ali. He is a Confident Individual with self respect, able to live as independently as he can; and an Effective Contributor with resilience, able to take the initiative and lead.
This week we have been working with two new sounds “nk” and “are”. We have practiced our listening and spelling skills by identifying and writing words with this sounds. We have also revisited sounds we worked with in the previous week, and played to think of words with the sounds we have learned along the year. During our RWI lessons, we exercised our letter formation skills and our writing, reading and sentence composition.
We have also been asked to do posters to inform everybody about the School Fair. The have worked hard on it, and put all their creativity to make them look festive. They did an amazing job 🙂
We have started with the Money block this week. We have been sharing our previous experiences and knowledge of the British Pound, coins/notes and its value (1p, 2p, 5p, 10p, 20p, 50p, £1, £2, £5, £10 and £20). We have been practicing our ability to recognise each of them and to order them by its value. The did a fantastic job!
We worked hard to keep developing our number bonds knowledge up to 100, and completed an activity adding 5, 10 and 20 to different amounts with help of the “100 square”. Skills that we will use in a near future to count money.
This week we also reviewed our knowledge of the months of the year, and their order. We started an activity to find out the months before and after the ones give; we will continue with it next week.
This week we been widening our knowledge about oceans and talked about the 5 different layers it presents. We tried our best to learn their names (some quite tricky) and discussed their features: temperature, pressure, sunlight, depth…
We have also learned about some of the interesting creatures that can live in each layer. They really enjoyed creating a layer’s poster in which they included important information about each of them, and draw some of the creatures. They did very good team work!
We have put together the cooperative map they were working on last week too, it looks great! You can find a picture below.
During the last few weeks, we have been learning about the name of the parts of the body in Spanish. We have been playing games, dancing, singing and practicing our listening with actions games. We have also included what we have previously learned in the different activities we were doing. They have worked very hard! Muy bien hecho:)
If you have any questions, please do not hesitate to contact me through the comments or by writing to the school email and they will forward it to me.
Have a lovely weekend! | FINEWEB-EDU |
C Programming/stddef.h
stddef.h is a header file in the standard library of the C programming language that defines the macros NULL and offsetof as well as the types ptrdiff_t, wchar_t, and size_t.
Inclusion
In C, one includes the header file "stddef.h", in this way:
In C++, one includes the header file "cstddef", in this way:
Namespace
The header file "stddef.h" places its definitions in the global scope; the header file "cstddef" places and in namespace.
NULL
A macro that expands to a null pointer constant. It may be defined as ((void*)0), 0 or 0L depending on the compiler and the language.
offsetof(type, member)
A functional macro that is used to determine the byte offset of the indicated member field in the specified structure type.
Type size_t
The type size_t represents the appropriate type for representing the size of objects of memory areas, and for use in dereferencing the elements of an array. It has an implementation-dependent size; usually but not necessarily, it has a 32-bit representation on 32-bit systems and a 64-bit representation on 64-bit systems. It is unsigned.
This type has in some implementations a signed variant with name ssize_t, that is defined in the UNIX header file "unistd.h". For GNU C the type ssize_t is defined in "stddef.h" and thus resides in the same file as size_t.
Type wchar_t
An implementation-specific "wide character" type, which is predefined in the C++ programming language but requires the header "stddef.h" or "wchar.h" in the C programming language.
Type ptrdiff_t
The type ptrdiff_t is a type that can hold the result of subtracting two pointers which point to two items of the same object. The underlying type of ptrdiff_t varies from implementation to implementation.
A Object is maybe bigger than PTRDIFF_MAX. A subtracting of two pointers which have a bigger difference than PTRDIFF_MAX / PTRDIFF_MIN result in a undefined behavior. | WIKI |
Talk:The Japanese Sandman
Untitled
This song was in the move: "The imaginarium of dr parnassus", can someone add this?
The Cellos
I removed some info that relates to a similarly named doo-wop song. If someone cares to expand the article and address both songs they should, but the songs aren't related lyrically or musically. <IP_ADDRESS> (talk) 08:30, 24 March 2010 (UTC) | WIKI |
[No. H022025.
Sixth Dist.
May 17, 2002.]
PRUDENTIAL INSURANCE COMPANY OF AMERICA, INC., et al., Petitioners, v. THE SUPERIOR COURT OF SANTA CRUZ COUNTY, Respondent; MICHELLE L. DUNNIWAY, Real Party in Interest.
Counsel
Beckman, Davis, Smith & Ruddy, Jeffrey P. Smith and Cheryl A. De Bari for Petitioners.
No appearance for Respondent.
Bailey & Kornblum, Guy Kornblum & Associates, Guy O. Kornblum and Walter G. Crump for Real Party in Interest.
Opinion
WUNDERLICH, J.
I. Introduction
In this insurance coverage action, defendants Prudential Insurance Company of America and Prudential Health Care Plan of California, Inc. petition for extraordinary relief from the order of respondent court denying their motion for summary judgment. To determine whether extraordinary relief is warranted, we consider an issue of first impression in California insurance law concerning the interpretation of the phrase “enrolled as a full-time student in a school” in a group health policy that provides medical coverage to employees’ dependents aged 19 to 24 who meet that description. The courts of other jurisdictions have determined that the plain meaning of the word “enrolled” is that the dependent is registered at an academic institution, and that the phrase “full-time student” plainly means that the dependent spends a substantial amount of time attending classes. We find these decisions persuasive. Therefore, because it is undisputed that at the time of her catastrophic accident in November 1994 plaintiff Michelle L. Dunniway was not registered at an academic institution and was not attending any classes, as a matter of law she did not qualify for dependents medical coverage under defendants’ group health policy. Defendants therefore have no obligation to provide her with lifetime medical coverage for her accident-related medical expenses. Accordingly, we will grant extraordinary relief as requested and issue a writ of mandate directing respondent court to grant defendants’ motion for summary judgment.
H. Factual and Procedural Background
A. The Prudential Group Health Policy
Michelle’s father William Dunniway (William) was an employee of the Mt. Hermon Association. From September 1, 1993, to September 1, 1995, the employees of the Mt. Hermon Association had medical coverage under a Prudential Health Care Group Contract (the Plan). The Plan provides medical coverage for “qualified dependents,” who include employees’ unmarried children under the age of 19. Additionally, the Plan provides qualified dependents coverage to children aged 19 to 24 if certain eligibility requirements are met: “(1) The age 19 limit does not apply to a child who: HQ (a) is wholly dependent on you [the employee] for support and maintenance; and HQ (b) is enrolled as a full-time student in a school; and HQ (c) is less than the Student Age Limit. HQ Student Age Limit: 25.”
The Plan requires the employee to notify the employer “promptly” when “a Qualified Dependent becomes ineligible.” Additionally, the Plan states, “Your Dependents Coverage for a Qualified Dependent will end when that person: (1) moves his or her permanent address outside the Service Area; or (2) ceases to be a Qualified Dependent.” The Plan also includes options for the continuation of medical coverage when coverage under the Plan ends, including group health care continuation (under COBRA), extension of group health care protection (for disabled persons), and a conversion privilege (for an individual health care coverage contract).
To obtain qualified dependents coverage for Michelle, William submitted to Prudential an overage dependent student verification form stating that Michelle was a full-time student at the University of California, Santa Barbara (UCSB) as of August 12, 1993. Michelle’s qualified dependents coverage became effective on September 1, 1993.
B. Michelle’s Student Status at UCSB
The following facts appear to be undisputed. Michelle attended UCSB as a freshman during the 1993-1994 school year. For a variety of personal reasons, her freshman year did not go well and her grade point average fell below UCSB’s required minimum. In a letter dated June 23, 1994, the acting dean of undergraduate studies advised Michelle that she was “subject to academic disqualification” and was “not eligible to continue at UCSB” unless she was “reinstated to the college.” The acting dean further advised Michelle that she could not be reinstated unless she submitted a written appeal. Michelle did so. In a letter dated August 22, 1994, UCSB advised Michelle that her appeal had been reviewed and that she had been “reinstated on probation for the Fall 1994 quarter.” The letter also states, “If you prefer to delay your return to UCSB for one or more quarters, you should file a Notice of Intent to Cancel Registration with the Office of the Registrar and you should not pay your fees for fall. When you feel ready to resume your studies here, you must file an application for readmission and reinstatement after absence with the Office of the Registrar several months before your planned return. We will examine your record and your new appeal at that time and, in the absence of any negative factors, we will reinstate you on probation.”
In response to the letter of August 22, 1994, Michelle filed a notice of intent to cancel registration. The notice stated, “I am notifying the Office of the Registrar that I will not be returning for Fall quarter.” In an accompanying letter Michelle wrote, “I need to take a quarter break to tend to personal problems and work full time for money for tuition.” In another letter to UCSB, dated September 20, 1994, Michelle stated, “I am requesting that my records and status here at UCSB be put on hold and that I will be able to return and appeal for reinstatement. I also would like the proper application for readmission at Winter of 1995.” According to Michelle’s mother, Crystal Dunniway, Michelle made the decision to take fall quarter off on the advice of her college counselor.
On October 4,1994, UCSB entered Michelle’s cancellation of registration into its official records. Michelle did not attend any classes during fall quarter 1994. Unfortunately, Michelle never returned to college. On November 11, 1994, she sustained catastrophic injuries in an automobile accident. Michelle is now a totally disabled quadriplegic with brain damage and a claim for ongoing medical expenses in excess of $50,000 per year for the rest of her life.
C. Prudential’s Termination of Michelle’s Qualified Dependents Coverage
On October 18, 1994, prior to Michelle’s accident, Prudential terminated Michelle’s coverage as a qualified dependent effective October 30, 1994. According to Prudential, Michelle’s coverage was terminated because William failed to return the overage student verification form which Prudential had sent to him in August 1994. William and Crystal deny ever receiving the August 1994 overage student verification form. They assert that they did not know that Michelle’s coverage had been terminated until after her accident in November 1994.
To obtain medical coverage for Michelle after her catastrophic accident, William elected continuation coverage under COBRA. COBRA is federal legislation mandating that certain employees and their dependents be offered the option of paying premiums to continue medical coverage for a limited time period after the termination of coverage under a group health plan. (29 U.S.C. §§ 1161-1167; 42 U.S.C. §§ 300bb-l through 300bb-8.) Prudential provided COBRA continuation coverage to Michelle retroactive to November 1, 1994. When William’s employer switched its group health coverage from Prudential to Lifeguard in August 1995, Prudential’s obligation to provide COBRA coverage ceased. However, Prudential provided Michelle with an additional 12 months of medical coverage pursuant to the Plan’s provision for extension of group health care protection to disabled persons. Michelle has not received any medical coverage benefits from Prudential since the extended coverage ended on August 31, 1996.
D. The Action Against Prudential
Through her mother and guardian ad litem Crystal, Michelle filed an insurance coverage action against defendants Prudential, Lifeguard Insurance Company and Lifeguard, Inc. (collectively Lifeguard). The currently operative pleading is the first amended complaint. In the complaint, Michelle alleges that all premiums owed to Prudential for her medical coverage have been paid and that she was covered as a dependent insured on the date of her accident. Michelle also alleges that Prudential has refused to pay any of her ongoing accident-related medical expenses. Further, Michelle asserts that Prudential has failed to properly investigate or process her claim and has refused to respond to her parents’ inquiries.
The complaint includes causes of action for breach of contract, declaratory relief, and breach of the covenant of good faith and fair dealing. As remedies, the complaint seeks unpaid benefits, a declaration that defendants have an obligation to pay Michelle’s ongoing medical expenses, attorney fees, general damages for emotional distress, and punitive damages.
E. Prudential’s Motion for Summary Judgment
Prudential filed a motion for summary judgment, or, in the alternative, summary adjudication on grounds that each cause of action in the complaint lacked, merit as a matter of law. First, Prudential argued that it has not breached the insurance contract because the undisputed facts showed that Michelle has received all medical benefits under the Plan to which she was entitled after her eligibility for qualified dependents coverage ended, including COBRA continuation coverage and 12 months of extended coverage. Prudential further contended that it had no obligation to provide Michelle with lifetime coverage for her accident-related medical expenses, because the Plan did not provide coverage for medical services received after the Plan ended. Alternatively, Prudential argued that Michelle was not covered as a qualified dependent on the date of her accident because she was not a full-time student enrolled in a school, and therefore her right to coverage had not vested such that Prudential had an obligation to provide her with lifetime coverage for medical expenses related to her accident injuries. Prudential’s contention that Michelle was not a full-time student enrolled in a school was based on UCSB records which showed that as of the date of the accident, November 11, 1994, Michelle had canceled her registration, was not attending classes at UCSB, and could not return to UCSB without reapplying for admission and having her application accepted by UCSB.
Second, Prudential asserted that because it had not breached the insurance contract, as a matter of law it could not be held liable for either the derivative claim of breach of the covenant of good faith and fair dealing or an award of punitive damages. Alternatively, Prudential argued that it had no liability because it was not a party to the insurance contract. Prudential asserted that an entity not named as a defendant, Prudential Healthcare, actually had issued the Plan.
F. Plaintiff’s Opposition to the Motion for Summary Judgment
In her opposition to Prudential’s motion for summary judgment, Michelle argued that triable questions of fact precluded summary adjudication of any cause of action. Regarding the first cause of action for breach of contract, Michelle contended that Prudential had a contractual obligation to provide her with “continuous lifetime care” because she was covered under the Plan as a qualified dependent on the date of her accident. Since Prudential had denied medical benefits to Michelle as of September 1, 1996, Michelle asserted that Prudential had breached the contract.
In making this argument, Michelle disputed Prudential’s factual assertion that at the time of the accident she was not a full-time student who was eligible for qualified dependents coverage. According to plaintiff’s separate statement of facts, “[a]t the time of her accident, Michelle was on approved leave and remained in ‘good standing’ with the University. She had followed the necessary procedures to take time off from her classes and still preserve a spot in the upcoming Winter Quarter, and could return to her classes in the Winter Quarter without reapplying for admission to UCSB.” As evidentiary support for this fact, Michelle cited the declaration of Virginia Johns, UCSB associate registrar. Moreover, Michelle also asserted that UCSB’s policies and procedures established that a student could take approved leave or withdraw for a quarter while remaining in good standing, and could resume classes the following quarter without reapplying for admission.
Michelle further argued that Prudential had denied her claim for lifetime medical benefits due to the size of her claim, based on Prudential’s provision of medical benefits to other dependents who were not attending classes. According to Michelle, Prudential’s internal documents and the testimony of a Prudential representative showed that Prudential customarily provided qualified dependents coverage to those dependents who were considered to be in good standing by their academic institutions, without regard to whether the dependent was enrolled or attending classes.
Additionally, Michelle argued that triable questions of fact existed with regard to whether Prudential properly canceled her coverage prior to her accident. She asserted that Prudential had failed to provide Michelle’s parents with written notice of cancellation and had also failed to follow its own policy of not canceling an unqualified dependent’s coverage until the dependent’s birthday. Also, Michelle noted that Prudential had accepted a premium payment for her qualified dependent’s coverage in November 1994 and did not reimburse the premium until after her accident.
As to the second cause of action for breach of the covenant of good faith and fair dealing, Michelle argued that triable questions of fact existed as to whether Prudential demonstrated bad faith by unreasonably denying benefits, using inadequate notification policies, failing to investigate her claim, and failing to follow its internal procedures with respect to covering dependents who are college students. These triable questions of fact also preclude a summary adjudication of her claim for punitive damages, Michelle argued.
Finally, Michelle asserted that defendant Prudential Insurance Company of America, Inc., was a proper party defendant because it had authority to negotiate and approve contract amendments to the Plan.
G. The Trial Court’s Order
The trial court denied Prudential’s motion for summary judgment. The court reasoned as follows: “As to whether Plaintiff was a ‘Qualified Dependent’, the Court finds that there is a triable issue of material fact (see [Code Civ. Proc., § 437c subd. (g)]) as to whether Plaintiff was ‘enrolled as a full time student,’ as that term is used to determine if a dependent is insured under the health insurance policy at issue in this case. There is a triable issue whether Plaintiff had a reasonable expectation of continued coverage. (See the Johns’ [sic] Declaration and Plaintiff’s Separate Statement, paragraphs 4-11, 33-56.) [Ü] The court further finds that the Prudential Defendants have failed to sustain their burden that they have paid all benefits to which Plaintiff is entitled (the ‘full payment theory’); under Fields v. Blue Shield of California (1985) 163 Cal.App.3d 570 [209 Cal.Rptr. 781], Plaintiff has vested lifetime benefits (if she is found to be a ‘Qualified Dependent’).”
The trial court denied the motion for summary adjudication of the first cause of action for breach of contract and the second cause of action for declaratory relief for the same reasons. As to the third cause of action for breach of the covenant of good faith and fair dealing, the court denied summary adjudication on the ground that “Moving parties’ Separate Statement does not show that they acted reasonably as a matter of law; thus the Defendants failed to carry their burden on this motion.”
HI. Discussion
After the trial court denied its motion for summary judgment, Prudential filed a petition for a writ of mandate directing the trial court to vacate its order and enter a new order granting the motion. We issued an alternative writ and a temporary stay of all trial court proceedings while the writ petition was pending.
A. Availability of Writ Relief and the Standard of Review
An order denying a motion for summary judgment may be reviewed by way of a petition for a writ of mandate. (§ 437c, subd. (/).) Where the trial court’s denial of a motion for summary judgment will result in a trial on nonactionable claims, a writ of mandate will issue. (Lompoc Unified School Dist. v. Superior Court (1993) 20 Cal.App.4th 1688, 1692 [26 Cal.Rptr.2d 122].) Since a motion for summary judgment “involves pure matters of law,” we review a ruling on the motion independently. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 860 [107 Cal.Rptr.2d 841, 24 P.3d 493].) Summary judgment is proper when there is no triable issue of material fact and the moving party is entitled to judgment as a matter of law. (§ 437c, subd. (c).) A defendant making the motion has the initial burden of showing that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. (§ 437c, subd. (o)(2); Aguilar v. Atlantic Richfield Co., supra, 25 Cal.4th at p. 850.) If the defendant fails to make this initial showing, it is unnecessary to examine the plaintiff’s opposing evidence and the motion must be denied. However, if the moving papers establish a prima facie showing that justifies a judgment in the defendant’s favor, the burden then shifts to the plaintiff to make , a prima facie showing of the existence of a triable material factual issue. In meeting this obligation, the plaintiff may not rely on the mere allegations of its pleadings, but must “set forth the specific facts showing that a triable issue of material fact exists as to that cause of action . . . .” (§ 437c, subd. (o)(2); Aguilar v. Atlantic Richfield Co., supra, 25 Cal.4th at p. 849.)
With regard to the interpretation of insurance policies, the reviewing court “makes an independent determination of the policy’s meaning” unless “such interpretation turned upon the credibility of conflicting extrinsic evidence.” (Croskey et al., Cal. Practice Guide: Insurance Litigation (The Rutter Group 2001) H 4:3, p. 4-1; Cooper Companies v. Transcontinental Ins. Co. (1995) 31 Cal.App.4th 1094, 1100 [37 Cal.Rptr.2d 508].) Applying the independent standard of review, we review the moving and opposing papers and supporting evidence to determine whether Prudential is entitled to summary judgment because the material undisputed facts show that Prudential has met its contractual obligation to provide all medical benefits that Michelle is entitled to receive under the Plan, and therefore all causes of action in Michelle’s complaint lack merit as a matter of law.
B. Prudential Is Entitled to Summary Judgment
The crux of Michelle’s complaint is her claim that Prudential is obligated under the Plan to provide coverage for her accident-related medical expenses for the rest of her life. Because Prudential ceased payment of Michelle’s medical expenses after August 31, 1996, and has denied her claim for lifetime benefits, Michelle contends that Prudential has breached both the insurance contract set forth in the Plan and the covenant of good faith and fair dealing, in a manner sufficiently egregious to justify an award of punitive damages. Michelle’s claim for lifetime benefits is based upon the concept of insurance coverage vesting, as discussed in Fields v. Blue Shield of California, supra, 163 Cal.App.3d 570.
1. The Concept of Insurance Coverage Vesting
Fields v. Blue Shield of California, supra, 163 Cal.App.3d 570, is one of the few California decisions to address the concept of insurance coverage vesting in the context of a group health policy. The facts in Fields v. Blue Shield of California involve a claim of lifetime coverage for psychoanalysis. Plaintiff Fields sued Blue Shield after Blue Shield refused to pay for Fields’s psychoanalysis, which Fields had undergone as part of his training to become a psychoanalyst. Fields argued that Blue Shield’s group health insurance plan provided him with lifetime maximum benefits of $50,000 for psychoanalysis, as the plan had originally stated at the time of his enrollment. Although Blue Shield later modified the plan to eliminate coverage for psychoanalysis obtained in furtherance of training, Fields asserted that the modification did not eliminate his coverage because his right to coverage had vested. The appellate court agreed with Fields, ruling, “once liability has attached under a group policy—that is, after the happening of the event insured against—cancellation or modification of the master policy is ineffective to preclude recovery by the employee, or his beneficiary as provided by the original policy.” (Fields v. Blue Shield of California, supra, 163 Cal.App.3d at pp. 585-586, quoting Annot., Cancellation or Modification of Master Policy as Termination of Coverage Under Group Policy (1959) 68 A.L.R.2d 249, § 17, pp. 278-279, italics omitted.) Because Blue Shield had provided Fields with coverage for psychoanalysis in furtherance of training prior to modifying the policy to eliminate such coverage, the court concluded that Fields “had a vested right” to coverage from Blue Shield until the lifetime maximum benefits of $50,000 were exhausted. (Fields v. Blue Shield of California, supra, 163 Cal.App.3d at p. 588.)
Michelle contends that, like Fields, her right to lifetime medical benefits has vested. She argues that the Plan is ambiguous as to the insured’s right, after the policy terminates, to receive benefits for posttermination expenses incurred for pretermination injuries, and that such ambiguity must be construed against the insurer to allow vesting. For that reason, Michelle contends that the trial court correctly determined that her right to lifetime medical coverage became vested at the time of her accident if she is found to be qualified dependent. Since, in Michelle’s view, her evidence shows that she was a qualified dependent, she asserts that Prudential has an obligation to provide coverage for her accident-related medical expenses for the rest of her life. At a minimum, Michelle argues, her evidence creates triable questions of fact as to whether she was a qualified dependent which preclude the granting of Prudential’s motion for summary judgment.
Prudential rejects Michelle’s claim to vesting on the ground that the Plan does not contain any express provisions for lifetime medical benefits. To the contrary, Prudential insists that the Plan’s language expressly provides that dependents coverage ends when the group contract ends or when the dependent ceases to be a qualified dependent. Posttermination benefits, according to Prudential, are limited to those benefits provided by the Plan’s provisions for COBRA continuation coverage, extension of group health care protection, and the conversion privilege for individual health care contracts. Prudential relies upon the decision in Fraker v. Sentry Life Ins. Co. (1993) 19 Cal.App.4th 276 [23 Cal.Rptr.2d 372], in which the court ruled that a claim for posttermination benefits (i.e., coverage for medical expenses incurred after termination of a group health policy) was resolved by reference to the policy language. “We look first at what event was insured according to the language of the instant policy. If the relevant event was the inception of a disease or condition by [the claimant] during the life of the policy, this may give rise to [the insurer’s] posttermination liability. If [the claimant’s] incurrence of medical expenses during the policy period was the relevant event, then this creates only pretermination liability for [the insurer].” (Id. at p. 282.) Thus, “if the subject policy expressly provides for termination of coverage ... or for posttermination benefits under strictly limited conditions, no vesting of benefits has been found.” (Ibid.; see also Williams v. California Physicians’ Service (1999) 72 Cal.App.4th 722, 734-735 [85 Cal.Rptr.2d 497].) Prudential contends that the Plan falls into this category, since the policy language provides that posttermination benefits are limited to COBRA continuation coverage, extended benefits coverage for disability, and the conversion privilege for individual health care contracts.
However, we need not determine whether the language of the Plan may be interpreted to provide for the vesting of a right to lifetime medical benefits, or, indeed, whether the “concept of vesting should apply at all to health insurance contracts.” (Fraker v. Sentry Life Ins. Co., supra, 19 Cal.App.4th at p. 281.) A single threshold issue is determinative of Michelle’s claim. As the trial court correctly reasoned, Michelle’s right to vesting depends upon an initial finding that she was insured under the Plan as a qualified dependent on the date of her accident. Regardless of the policy language, vesting cannot occur unless the claimant was insured under the policy at the time of illness or injury. (See Fields v. Blue Shield of California, supra, 163 Cal.App.3d at pp. 585-588; Oklahoma State & Educ. Emp. v. Fullerton (Okla.Civ.App. 1993) 852 P.2d 813, 814 [rights of full-time student dependent under group health plan vested when accident occurred during policy period].)
Therefore, to determine whether Prudential’s motion for summary judgment should be granted, we must consider the threshold issue of whether the undisputed facts show that Michelle was not insured under the Plan as a qualified dependent on the date of her accident. This determination requires interpretation of the Plan’s provision for qualified dependents coverage.
2. The Principles of Insurance Policy Interpretation
The Plan’s provision for qualified dependents coverage states, “(1) The age 19 limit does not apply to a child who: [IQ (a) is wholly dependent on you [the employee] for support and maintenance; and HQ (b) is enrolled as a full-time student in a school; and HQ (c) is less than the Student Age Limit. HO Student Age Limit: 25.” Since it is undisputed that Michelle met the eligibility requirements of falling within the 19 to 24 age group and being wholly dependent upon William for support and maintenance, the question is whether Michelle was also “enrolled as a full-time student in a school” at the time of her accident. The phrase “enrolled as a full-time student in a school” is not defined in the Plan. Therefore, we must determine the meaning of the phrase in the context of a group health policy. Our analysis is governed by the well-established principles of policy interpretation.
To resolve a question of policy interpretation, the court performs an independent review, looking first to the language of the insurance policy in order to ascertain its plain meaning as a layperson would understand it. (Waller v. Truck Ins. Exchange, Inc. (1995) 11 Cal.4th 1, 18 [44 Cal.Rptr.2d 370, 900 P.2d 619].) The court is guided by the principle that the provisions of an insurance policy must be “construed within the context of the policy as a whole.” (Aydin Corp. v. First State Ins. Co. (1998) 18 Cal.4th 1183, 1191 [77 Cal.Rptr.2d 537, 959 P.2d 1213].) The plain meaning of a policy provision governs, and an insured’s reasonable expectations are not considered except where the policy provisions are ambiguous. (Foster-Gardner, Inc. v. National Union Fire Ins. Co. (1998) 18 Cal.4th 857, 868 [77 Cal.Rptr.2d 107, 959 P.2d 265].) The opinions of claims adjusters or other agents or employees of the insurer are also inadmissible to interpret an insurance contract. (Chatton v. National Union Fire Ins. Co. (1992) 10 Cal.App.4th 846, 865 [13 Cal.Rptr.2d 318].)
An insurance policy is considered ambiguous when its terms are capable of two or more constructions, both of which are reasonable. (Bay Cities Paving & Grading, Inc. v. Lawyers’ Mutual Ins. Co. (1993) 5 Cal.4th 854, 867 [21 Cal.Rptr.2d 691, 855 P.2d 1263].) “ ‘[L]anguage in a contract must be construed in the context of that instrument as a whole, and . . . cannot be found to be ambiguous in the abstract.’ ” (Ibid., quoting Bank of the West v. Superior Court (1992) 2 Cal.4th 1254, 1265 [10 Cal.Rptr.2d 538, 833 P.2d 545].) Additionally, the court may not “engage in strained or tortured interpretation of the terms of an insurance contract in order to fabricate an ambiguity where none exist[s].” (Lunardi v. Great-West Life Assurance Co. (1995) 37 Cal.App.4th 807, 820 [44 Cal.Rptr.2d 56].)
3. The Plain Meaning of “Enrolled as a Full-Time Student in a School”
While no California case has interpreted the phrase “enrolled as a full-time student in a school” in the context of a group health policy’s provision for dependents coverage, the issue has arisen in other jurisdictions. A leading case is Margie Bridals, Inc. v. Mutual Benefit Life (1978) 62 Ill.App.3d 542 [19 Ill.Dec 547, 379 N.E.2d 62, 63] (Margie Bridals), in which the Illinois State Appellate Court reviewed a group health policy that provided dependents coverage to “[e]ach unmarried child of the person insured who has reached his nineteenth birthday but has not reached his twenty-fourth birthday who is a full-time student in an accredited school.” (Id. at p. 64.) The court in Margie Bridals determined that “[w]hile the term ‘full-time student’ is not defined by the policy, the term must be given its usual interpretation. Such term envisions a person’s enrollment in an academic institution and attendance at classes on a substantial basis. Full-time ordinarily signifies the normal or standard period of time spent in a named activity.” (Id. at p. 65.) Applying this interpretation, the court in Margie Bridals concluded that because a dependent’s “withdrawal from classes and leave of absence from the university cannot be considered in keeping with the activities of a ‘full-time student,’ ” the defendant group health insurer had no obligation to provide medical coverage to that dependent. (Ibid.)
Numerous decisions agree with the ruling in Margie Bridals that the ordinary, unambiguous meaning of the phrase “full-time student” in a group health policy is attendance at classes on a substantial basis. (See, e.g., Miller v. Universal Bearings, Inc. (N.D.Ind. 1995) 876 F.Supp. 1038, 1043 [dependent not a full-time student because fall semester had ended and she had not registered for spring semester]; Imerson v. District School Bd. of Pasco County (M.D.Fla. 1993) 818 F.Supp. 1500, 1503 [dependent not a full-time student where dependent admitted but not yet registered to attend classes]; Blue Cross & Blue Shield of Fla. v. Cassady (Fla.Dist.Ct.App. 1986) 496 So.2d 875, 877 [same]; Klotz v. Anthem Life Ins. Co. (Fla.Dist.Ct.App. 1992) 601 So.2d 593, 594 [student on medical leave is not a full-time student]; Klein v. Empire Blue Cross & Blue Shield (1991) 173 A.D.2d 1006 [569 N.Y.S.2d 838, 842] [reasonable meaning of “full-time attendance at college” is attending classes].) A question of fact may arise as to whether the dependent’s course load is sufficiently substantial to be considered “full-time.” (See, e.g., Baker v. United Olympic Life Ins. Co. (Fla.Dist.Ct.App. 1993) 616 So.2d 1163, 1164 [question of fact where de facto attendance exceeded hours of enrollment].) Also, some courts have found ambiguity on that basis. (See, e.g., Collier v. MD-lndividual Practice (1992) 327 Md. 1 [607 A.2d 537, 540] [“full-time” is ambiguous as to the course load required]; Massey v. Board of Trustees (La.Ct.App. 1986) 500 So.2d 864, 865 [ambiguity as to whether policy incorporated college’s definition of “full-time” as 12-hour course load].)
The meaning of the terms “enrollment” or “enrolled” in the context of dependents coverage in a group health policy also has been addressed by the courts of other jurisdictions. Applying Webster’s Ninth New Collegiate Dictionary’s definition, one court has determined that “we read enrollment to mean ‘to register.’ ” (Nerness v. Christian Fidelity Life Ins. Co. (La.Ct.App. 1999) 733 So.2d 146, 152; see also Imerson v. District School Bd. of Pasco County, supra, 818 F.Supp. at p. 1503.)
4. Michelle Was Not a Qualified Dependent at the Time of Her Accident
We find persuasive those decisions that have determined that the plain meaning of “enrolled” is “to register” and that the plain meaning of “full-time student” is “attending classes on a substantial basis.” Because these decisions rely upon the plain meaning of the words in the insurance policy, they are consistent with the teaching of our Supreme Court in Waller v. Truck Ins. Exchange, Inc., supra, 11 Cal.4th at page 18, that a court looks first to the language of the policy in order to ascertain its plain meaning as a layperson would understand it. We therefore find that the plain and unambiguous meaning of the phrase “enrolled as a full-time student in a school,” in the context of the Plan’s qualified dependents coverage, is that the dependent is registered in a school and attending classes on a substantial basis. Since it is undisputed that Michelle was not registered at UCSB and was not attending any classes at the time of her accident, as a matter of law Michelle did not meet the definition of “full-time student enrolled in a school” and did not satisfy that requirement for qualified dependents coverage under the Plan.
Michelle argues, contrary to our conclusion, that the phrase “enrolled as a full-time student in a school” is ambiguous because it is capable of more than one construction. Michelle finds an additional construction in Prudential’s internal documents, which she asserts contain an in-house definition for “enrolled as a full-time student in a school” of pursuing a program of study as a principal activity. Michelle argues that this ambiguity creates a reasonable expectation that a dependent will be covered under the qualified dependents provision of the Plan as long as the student, like Michelle, is on a “de facto approved leave” and intends to return to college during the next quarter.
Based on the principles of insurance contract interpretation and the persuasive decisions of other courts, we cannot agree that the phrase “enrolled as a full-time student in a school” is ambiguous. As we have discussed, to be “enrolled as a full-time student in a school” plainly means that the dependent is registered in a school and attending classes on a substantial basis. The phrase is not subject to another construction without engaging “in strained or tortured interpretation of the terms of an insurance contract in order to fabricate an ambiguity.” (Lunardi v. Great-West Life Assurance Co., supra, 37 Cal.App.4th at p. 820.) Further, in the present case no question of fact can arise as to whether Michelle was a “full-time student” with respect to her course load, because Michelle was not taking any classes at the time of her accident.
Michelle contends that her stated intent to return to UCSB after a quarter’s break is sufficient to satisfy the definition of “enrolled as a full-time student” in the context of the Plan. We disagree. A mere intent to return to school is insufficient to qualify a dependent as a full-time student. (Collier v. MD-Individual Practice, supra, 607 A.2d at p. 540 [“Dependent children cannot be full-time students if they have withdrawn from the institution, are not attending classes, have not taken examinations, and are not enrolled for upcoming classes, even if there is evidence of an intent to re-enroll.”]; Blue Cross & Blue Shield of Fla. v. Cassady, supra, 496 So.2d at p. 876 [dependent who had paid college application fee with intention of enrolling did not qualify as full-time student]; Colonial Life Ins. Co. v. Hazelton (Tex.App. 1986) 711 S.W.2d 305, 306 [intent to enroll again after quitting midsemester is not sufficient evidence that dependent is a full-time student].)
The trial court found that triable questions of fact existed as to whether Michelle was a full-time student at the time of her accident, based on plaintiffs additional fact Nos. 4 through 11 and 33 through 56. Fact Nos. 4 through 11 state the following. “4. Michelle completed her freshman year at UCSB in the spring of 1994. [10 5. During the summer before the Fall of 1994, Michelle was planning on attending Fall Quarter classes. [10 6. Shortly before the 1994 Fall Quarter classes were to begin, Michelle decided not to attend classes during the fall of 1994. [10 7. Michelle decided not to attend 1994 Fall Quarter classes determining that she needed to better to [sic] earn money to better fund her college education and to focus on personal problems. [10 8. Michelle made her decision to take this leave from class attendance with the advise [sic] of her college counselor. [10 9. Michelle Dunniway was [a] student at UCSB, according to the policies applicable at the time of her accident. [10 10. At the time of her accident, Michelle was on approved leave and remained in ‘good standing’ with the University. She had followed the necessary procedures to take time off from classes and still preserve a spot in the class in the upcoming Winter Quarter, and could return to her classes in the Winter Quarter without reapplying for admission to UCSB. [10 11. During her short stay away from classes in the fall of 1994, Michelle always planned on attending UCSB classes during the Winter Quarter of 1994.”
As evidence supporting these facts, Michelle cites the deposition testimony and declaration of her mother and the declaration of UCSB associate registrar Virginia Johns (Johns), paragraphs 4 and 8. Our review shows that there is no evidence to support fact number 10, that Michelle was a student in good standing who could return to UCSB without applying for readmission. Only the declaration of Johns is cited to support that fact. The declaration states at paragraph 4 that Michelle was eligible to register for the 1994-1995 academic year as an undergraduate student. At paragraph 8 the declaration states, “Approximately 61% to 68% of our undergraduates take at least one extra quarter over the usual 12 quarters of study to complete their undergraduate degree requirements. In fact, undergraduates may be absent from UCSB for one or more quarters at the conclusion of any quarter without petitioning for withdrawal, provided no fees have been paid for the following quarter. Petitioning for withdrawal is only required if 1) withdrawal is during a quarter, 2) a refund of fees is requested, or 3) the student has signed a deferred payment agreement with the UCSB Billing Office. A UCSB student, in good standing, who cancels registration or withdraws from classes for a quarter is eligible to resume classes the following quarter without reapplying for admission.”
It is apparent that the Johns declaration does not support plaintiffs fact No. 10. The declaration only states the general UCSB rule that students in good standing are allowed to take a quarter off and return to school without applying for readmission. No evidence is provided in the declaration or in support of fact Nos. 4 through 9 and 11, which contradicts Prudential’s evidence showing that Michelle had canceled her registration for fall quarter, was not attending any classes at the time of her accident, and was required by UCSB to apply for readmission to winter quarter.
Nor do additional fact Nos. 33-56 in plaintiff’s separate statement of facts create a triable question of material fact. Collectively, these facts state that Michelle and her parents believed that she was still enrolled as a full-time student in fall 1994; that UCSB does not require continuous attendance for a student to be considered full-time; that most UCSB students take one extra quarter to graduate; that Prudential left it to the parents, the dependent, and the educational institution to define “full-time student”; that Prudential’s internal policy was to cover students on reasonable breaks; and that Prudential employees testified that Prudential has covered dependents not attending classes as long as they were full-time students at the time they submitted the overage student verification form to Prudential.
For several reasons, we find that no triable questions of material fact are created by plaintiff’s evidence in support of additional fact Nos. 33 through 56. First, “[a] party’s subjective intent cannot be used to create an ambiguity or a material factual issue.” (Havstad v. Fidelity National Title Ins. Co. (1997) 58 Cal.App.4th 654, 661 [68 Cal.Rptr.2d 487].) Therefore, it is irrelevant whether Michelle and her parents subjectively believed that she remained a full-time student even though she had canceled her registration at UCSB and was not attending classes. Similarly, “[w]here a policy provision has a ‘plain meaning’, it is immaterial that the insurer’s agents, employees or other representatives have misinterpreted that meaning,” because “ ‘[ojpinion evidence is completely inadmissible to interpret an insurance contract.’ ” (Croskey et al., Cal. Practice Guide: Insurance Litigation (The Rutter Group 1999) ¶ 4:17.5, p. 4-6; Chatton v. National Union Fire Ins. Co., supra, 10 Cal.App.4th at p. 865.) Thus, it is immaterial that Prudential’s employees have admitted that dependents’ coverage has been provided to dependents who did not qualify as full-time students within the plain meaning of the term.
Nor does any evidence concerning UCSB’s internal definition of the term “full-time student” create a triable question of material fact as to Michelle’s student status. The argument that a university’s definition of “full-time student” should be incorporated into an insurance policy was rejected in Collier v. MD-Individual Practice, supra, 607 A.2d at pages 539-540. The court ruled that the plain meaning rule governed and thus the question was “ ‘[w]hat is the customary and normal meaning of “full-time student” in the context of a group health insurance policy?’ ” (Id. at p. 539.)
Michelle’s argument that a triable question of fact exists as to whether she remained a full-time student during her short “approved leave” from UCSB is similarly unpersuasive. Courts have rejected the argument that a dependent remains a full-time student while on a leave of absence. (Margie Bridals, supra, 379 N.E.2d at p. 65 [leave of absence not in keeping with activities of full-time student].) The only exception is when a full-time registered student withdraws from school on a medical leave of absence due to a health problem which prevents attendance at school. In that situation, the insurer cannot deny dependents medical coverage for the health problem on grounds that the student is no longer a full-time student. (Nerness v. Christian Fidelity Life Ins. Co., supra, 733 So.2d at p. 153; Klotz v. Anthem Life Ins. Co., supra, 601 So.2d at p. 594.)
Nor does Michelle’s comparison of her absence from college during the fall quarter to a student’s absence during summer vacation create a triable material question of fact as to whether she was a full-time student. Insurers provide dependents coverage to full-time students during summer vacation because “[it] is common knowledge that customarily schools recess for the summer months.” (Blue Cross & Blue Shield of Fla. v. Cassady, supra, 496 So.2d at p. 877.) Michelle’s comparison is not apt because her accident occurred during UCSB’s fall quarter, not during summer vacation.
For these reasons, we are not persuaded by Michelle’s arguments. We must conclude as a matter of law that, on the date of her accident, Michelle was not eligible for qualified dependents coverage under the Plan because it cannot be disputed that she was not enrolled as a full-time student in a school. Since Michelle was not an insured under the Plan on the day of her accident, she did not meet the threshold requirement for a vested right to lifetime benefits for medical expenses arising from her injuries. Accordingly, we further conclude that Prudential did not breach the group health insurance contract set forth in the Plan when it denied medical benefits to Michelle for accident-related medical expenses incurred after August 31, 1996. The first cause of action for breach of contract therefore lacks merit as a matter of law.
As a consequence of these conclusions, we must further rule that the second cause of action for a declaration that Prudential is obligated to pay Michelle’s claim for ongoing medical benefits also lacks merit as a matter of law. Finally, we conclude as a matter of law that the third cause of action for breach of the covenant of good faith and fair dealing also lacks merit. To establish breach of the covenant of good faith and fair dealing, the insured must prove that benefits due under the policy have been withheld unreasonably or without proper cause. (Love v. Fire Ins. Exchange (1990) 221 Cal.App.3d 1136, 1151 [271 Cal.Rptr. 246].) As we have determined, Prudential has not withheld any medical benefits which were owed to Michelle under the Plan. Therefore, as a matter of law Prudential has no liability for breach of the covenant of good faith and fair dealing.
Having concluded that Prudential is entitled to summary judgment because all causes of action in Michelle’s complaint lack merit as a matter of law, we need not consider Prudential’s alternative contention that it is entitled to summary judgment on the ground that it is not a party to the Plan.
IV. Disposition
Let a peremptory writ of mandate issue directing respondent court to vacate its order denying the motion for summary judgment of defendants Prudential Insurance Company of America, Inc., and Prudential Health Care Plan of California, Inc., and to enter a new order granting the motion. The temporary stay order is vacated. Each party is to bear its own costs in this original proceeding.
Bamattre-Manoukian, Acting P. J., and Premo, J., concurred.
Hereafter, petitioners Prudential Insurance Company of American, Inc., and Prudential Health Care Plan of California, Inc., are referred to collectively as Prudential or defendants.
For purposes of clarity, throughout this opinion the members of the Dunniway family are referred to by their first names.
The Consolidated Omnibus Budget Reconciliation Act of 1985, 29 United States Code sections 1161-1167; 42 United States Code sections 300bb-l through 300bb-8, hereafter referred to as COBRA.
The Lifeguard defendants are not parties to these original proceedings.
Further statutory references are to the Code of Civil Procedure unless otherwise noted.
Michelle also asserts an alternative theory of vesting, based upon her contention that Prudential’s acceptance of a premium payment for her coverage in November 1994 gave her a vested interest in the policy (pursuant to Lindgren v. Metropolitan Life Insurance Company (1965) 57 Ill.App.2d 315 [206 N.E.2d. 734]) as well as a reasonable expectation that she would enjoy coverage in that month. At oral argument, Michelle argued for the first time that Prudential was estopped from denying coverage because it had accepted a premium payment for November 1994. Prudential responds that it generated the premium bill in advance, in October 1994, and promptly credited the premium payment back in the next monthly billing. Prudential also denies that acceptance of a premium in advance has the effect of extending coverage when the insured is no longer eligible. Under the circumstances of this case, we agree. Where, as here, the group health policy provides that coverage ceases automatically when the insured no longer meets the eligibility criteria, and a future premium was automatically collected and then returned, coverage is not extended. (See Daniels v. Equitable Life Assurance Society (1981) 123 Cal.App.3d 467, 476 [176 Cal.Rptr. 670, 32 A.L.R.4th 1028].) The decision in Lindgren v. Metropolitan Life Insurance Company, supra, 206 N.E.2d. 734, is inapposite. In that case, a group health insurer cancelled the master policy without notice to an employee and continued to collect premiums. The Illinois appellate court held that the employee had “a vested interest in that policy at least to the extent that he cannot be divested without notice.” (Id. at p. 736.) The case at bar is distinguishable because Prudential did not cancel the master policy for William’s employer.
The record reflects that this declaration was filed in support of plaintiff’.s motion for summary adjudication and referenced by plaintiff in her opposition to Prudential’s motion for summary judgment.
| CASELAW |
2018–19 Svenska Cupen
The 2018–19 Svenska Cupen was the 63rd season of the Svenska Cupen and the seventh season with the current format. The winners of the competition will secure a spot in the second qualifying round of the 2019–20 UEFA Europa League, unless they had already qualified for European competition in the 2019–20 season, in which case the qualification spot will go to fourth-placed team of the 2018 Allsvenskan. A total of 96 clubs will enter the competition, 64 teams from district sites and 32 from the Allsvenskan and the Superettan.
The first rounds will be played between 15 May and 4 July 2018. The first round draw was announced on 25 April 2018. Times up to 27 October 2018 and from 31 March 2019 are CEST (UTC+2). Times from 28 October 2018 to 30 March 2019 are CET (UTC+1).
Round and draw dates
The schedule of the competition is as follows.
Round 1
64 teams from the third tier or lower of the Swedish league system competed in this round.
Round 2
64 teams will compete in this round. 32 winners from Round 1, and all 32 teams from the 2018 Allsvenskan and the 2018 Superettan. The draw was held on July 7, 2018 with games scheduled to be played on August 21–23, 2018.
Group stage
The 32 winners from round 2 were divided into eight groups of four teams. The 16 highest ranked winners from the previous rounds were seeded to the top two positions in each group and the 16 remaining winners were unseeded in the draw. The ranking of the 16 seeded teams was decided by league position in the 2018 season. All teams in the group stage will play each other once, the highest ranked teams from the previous rounds and teams from tier three or lower will have the right to play two home matches.
Qualified teams
* Seeded:
* AIK (1)
* BK Häcken (1)
* Dalkurd FF (1)
* Djurgårdens IF (1)
* IF Brommapojkarna (1)
* IFK Göteborg (1)
* IFK Norrköping (1)
* Hammarby IF (1)
* IF Elfsborg (1)
* IK Sirius (1)
* Malmö FF (1)
* Örebro SK (1)
* Östersunds FK (1)
* AFC Eskilstuna (2)
* Falkenbergs FF (2)
* Örgryte IS (2)
* Unseeded
* Degerfors IF (2)
* GAIS (2)
* Halmstads BK (2)
* IFK Värnamo (2)
* IK Brage (2)
* IK Frej (2)
* Jönköpings Södra IF (2)
* Norrby IF (2)
* Varbergs BoIS (2)
* Östers IF (2)
* Eskilsminne IF (3)
* Nyköpings BIS (3)
* Assyriska IK (4)
* FC Rosengård (4)
* Hässleholms IF (4)
* Karlstad BK (4) | WIKI |
Template:Today cell/doc
Shows a formatted version of the current date, yesterday's date, or tomorrow's date
Usage
* (default is left-aligned)
Technical details
This template uses the parserfunction to compute the current, previous, and future dates. Any offset accepted by this parserfunction can be used here. See the MediaWiki Help:Extension:ParserFunctions page for more details. | WIKI |
Comments:BBC spends £3.4m on sell-off
Yet again, there's the confusion with the possessive "its". This line should read, "...for its parent share-holding company."
The Resources business-to-business unit was formed in 1998 to operate television studios, post-production and outside broadcast facilities for it's parent share-holding company, the BBC. It does not own any studios or premises, its assets being equipment and staff.
* sofixit --Brian McNeil / talk 23:49, 27 June 2008 (UTC) | WIKI |
Adele Dominates the Grammys; Beyoncé Stops the Show
• Adele won album of the year for “25” and both record of the year and song of the year for “Hello.” • Beyoncé gave a showstopping performance celebrating motherhood, and championed pride for “every child of every race” when she accepted the award for best urban contemporary album for “Lemonade.” • A Tribe Called Quest gave a powerfully anti-Trump performance. Katy Perry’s “Chained to the Rhythm” had political overtones. • Chance the Rapper won the awards for best rap album and best new artist. LOS ANGELES — Adele swept the 59th annual Grammy Awards with her album “25,” an enormous hit around the world, in a night that shut out Beyoncé from the major awards and also featured reverent tributes and, at times, pointed political commentary. Adele won a total of five awards, including album of the year for “25” and both record and song of the year for the hit “Hello” — a sweep that Adele accomplished five years ago with her last album, “21.” She is the only artist to win album, record and song of the year twice. The night had been seen as a contest between Adele and Beyoncé, two superdivas who were up against each other in all major categories. There was also concern in the music industry that just such an outcome — with a white woman defeating a black woman in all top awards — would feed a brewing resentment that the Grammys too often fail to recognize minority artists in the top categories. 46 Photos View Slide Show › Adele herself seemed uncomfortable with the turn of events, at first tearfully saying that she could not accept album of the year (although she did accept it). “My album of the year was ‘Lemonade,’ so a piece of me did die inside, as a Beyoncé fan,” Adele said in the media room afterward. In her speech for record of the year, Adele told Beyoncé, “I adore you and I want you to be my mommy.” Her comment was a reference to Beyoncé’s performance, which along with Adele’s showed two sides of divahood. Beyoncé appeared as a goddess of femininity, while Adele endeared herself to the crowd with her humanity, flaws included. Both stole the show. Adele opened the show singing her hit “Hello,” in a performance that was somewhat shaky at first but still showed her power as a vocalist. Later, in a tribute to George Michael, she started to sing his song “Fastlove” but stopped it abruptly, cursing into the microphone and apologizing that she needed to start over to get it right. (CBS bleeped the profanity.) After finishing, she teared up as the celebrities in the front row applauded her in support. Then there was Beyoncé, who offered a jaw-dropping, multimedia homage to motherhood in a segment that stunned the celebrities in attendance and immediately set social media on fire. After an affectionate introduction by her own mother, Tina Knowles, Beyoncé appeared as a crowned fertility goddess with her pregnant belly highlighted for the camera; at one point, her 5-year-old daughter, Blue Ivy, ran around her. Surrounded by dancers, and with projected images of herself in saffron robes, Beyoncé performed the songs “Love Drought” and “Sandcastles” from her album “Lemonade.” When she accepted the award minutes later for best urban contemporary album, Beyoncé read a prepared statement that sounded like a manifesto. Explaining her ambitions for “Lemonade,” an album and film, she said, “It is important to me to show images to my children that reflect their beauty,” so they will “have no doubt that they are beautiful, intelligent and capable.” She added, “This is something I want for every child of every race.” Beyoncé, who had been nominated for nine awards this year, more than any other artist, in the end won only two: best urban contemporary album for “Lemonade” and a music video prize for the song “Formation.” Here were some of the night’s other big storylines. For the music industry, Adele represents a supreme form of success in what has become the old model: selling millions of CDs to her fans. But in an acknowledgment of the music industry’s rapidly shifting business model, three Grammys, including best new artist, went to Chance the Rapper, a gospel-influenced performer from Chicago whose music was released independently and is available only on streaming services. “I know people think that independence means you do it by yourself,” Chance said onstage after winning best new artist, “but independence means freedom.” (He later won best rap album for “Coloring Book.”) The night included political statements, some more overt than others. Katy Perry performed her new single “Chained to the Rhythm” in a white pantsuit and a sparkling armband that said “Persist,” an apparent reference to Senator Elizabeth Warren. Her number concluded in front of a projection of the United States Constitution. But by far the fiercest was by the veteran hip-hop group A Tribe Called Quest, whose members accused “President Agent Orange” of “perpetuating evil” throughout the country, before dancers broke through a prop wall behind them and women in Islamic garb took the stage. At the end of the segment, the group and its company raised their right fists in the air in the black power salute, while the rapper Q-Tip repeatedly shouted, “Resist!” Jennifer Lopez, before awarding the best new artist prize, quoted Toni Morrison: “This is precisely the time when artists go to work,” she said. “There is no time for despair, no place for self-pity, no need for silence, no room for fear.” The night was filled with tributes to stars departed and to landmarks of pop music’s past. Besides Adele’s homage to George Michael, the show also included a purple-hued tribute to Prince with the Time, the longtime Minneapolis funk group that often performed with Prince, and with Bruno Mars, who impersonated Prince from his makeup and performance style to the shape of his guitar. The Prince tribute came on the same day that much of his music was released widely on streaming music services, a result of a series of deals reached with Prince’s estate; during his life, Prince closely policed his music online, and pulled his songs down from all services but Tidal. Not all tributes were to the dead, but a medley of Bee Gees songs was almost as reverent. Demi Lovato, Tori Kelly, Little Big Town and Andra Day played “Stayin’ Alive,” “How Deep Is Your Love” and others from the Bee Gees’ classic soundtrack to “Saturday Night Fever,” 40 years after its release. Before the show began, the Recording Academy, the organization behind the Grammys, handed out prizes in a nontelevised ceremony hosted by the comedian Margaret Cho and held at the smaller Microsoft Theater nearby. Among the winners were the young country singer-songwriter Sturgill Simpson, for best country album for “A Sailor’s Guide to Earth,” and Carol Burnett, who beat out the likes of Amy Schumer, Patti Smith, Elvis Costello and the punk survivor John Doe in the best spoken word album category. Seventy-five of this year’s 84 total Grammys were handed out before the television coverage began. Beyoncé, who led the nominations this year with nine, took an early prize for best music video with “Formation.” Speaking backstage, Melina Matsoukas, the director of “Formation,” was peppered by reporters for any details about working with Beyoncé. She played it close to the vest. “There’s never a bad day with Beyoncé,” Ms. Matsoukas said. The big early winner was a surprise: David Bowie, who had mostly been passed over for Grammys during his life, won three in the preshow ceremony for “Blackstar,” the album that was released shortly before his death in January 2016. It won best rock performance, best alternative music album and an engineering prize. Once the TV ceremony started, Mr. Bowie won a fourth award, for best rock song. These were Mr. Bowie’s first musical Grammys; he won a video award in 1985 and a lifetime achievement citation in 2006. (“Blackstar” also won for best art direction.) The early awards recognize many of the musicians who operate below the level of stardom, as well as the engineers and producers whose names are seldom known by fans but who are a vital part of the process. “This award ceremony is the real Grammys,” Ms. Cho said. Boldface names seldom show up to this part of the Grammys, but those performers who do come often accept their honors with heavy emotions, and underscore how much the award can mean to the industry’s rank and file. Lori McKenna was tearful as she accepted the best country song award as the writer of “Humble and Kind,” which was recorded by Tim McGraw. “I just sat at my dining room table and wrote a song for my kids one day,” Ms. McKenna said. “And Tim McGraw, he made this beautiful moment of it.” The blues singer Bobby Rush, winning his first Grammy at age 83 for best traditional blues album, for “Porcupine Meat,” said: “This is my 374th record. And finally.” James Corden, the host of “The Late Late Show” and new host of the Grammys, made quite an entrance, falling down a flight of stairs on the stage after a comic bit revolving around technical difficulties involving a hydraulic lift. The show had other moments of levity. When Tyler Joseph and Josh Dun of Twenty One Pilots won best pop duo/group performance, they immediately stripped out of their pants and walked to the stage in their underwear. Mr. Joseph explained that before they were famous, the two had watched the Grammy awards in their skivvies and pledged that if they ever won, “we should receive it just like this.” He added: “I want everyone who’s watching at home to know, you could be next. So watch out, because anyone from anywhere can do anything.” After the commercial break, Mr. Corden appeared pantless too. Later, in a tongue-in-cheek exploitation of his popular “Carpool Karaoke” skits, Mr. Corden stood in the aisle of the Staples Center with a makeshift car frame around him, and, in a moment reminiscent of the selfie at the 2014 Oscars, gathered celebrities around him. Jennifer Lopez, John Legend, Keith Urban, Tim McGraw, Faith Hill and Neil Diamond sang Mr. Diamond’s “Sweet Caroline,” with the entire arena shouting along. | NEWS-MULTISOURCE |
Category:Japanese-language singers
Vocalists who perform with lyrics in the Japanese language.
See also Category:Japanese singers for singers who themselves are Japanese. Since most Japanese singers do some singing in Japanese, this category is for those who are not Japanese nationals who sing in Japanese. | WIKI |
Alkesh
LeetCode Palindrome Number
Problem statement
Given an integer x, return true if x is palindrome integer.
An integer is a palindrome when it reads the same backward as forward. For example, 121 is palindrome while 123 is not.
Example 1:
Input: x = 121
Output: true
Example 2:
Input: x = -121
Output: false
Example 3:
Input: x = 10
Output: false
Example 4:
Input: x = -101
Output: false
Constraints:
- -2^31 <= x <= 2^31 - 1
Explanation
As mentioned in the problem statement, palindrome number is one that reads the same from both sides.
Brute force solution
A brute force solution will be to convert the integer into a string, reverse the string, and check if the two strings are the same.
But this approach will require extra space for creating a string.
// Convert number into string using itoa or custom method.
string str = itoa(x)
string reverseStr = reverse(str)
return reverseStr == str
The time complexity of this program will be O(N). The space complexity will be O(M) where M is the number of digits in the integer.
Optimized solution
We can avoid the extra space and reduce the time complexity similar to the way we check palindrome string. But here, we get the first and last digits and compare them.
Fetching the last digit is simple and, we can use the modulus operator %. Fetching the first digit can be done using a divisor. Let's check the algorithm.
Algorithm
- if x < 0
- return false.
- set divisor = 1
// We use the divisor to compute the number of digits in the number x.
// We keep multiplying the divisor by 10 till x / divisor is greater than equal to 10.
- Loop while x / divisor >= 10
- divisor = divisor * 10
- Loop while x != 0
// here we check if first and last digit are same or not.
- if x / divisor != x % 10
- return false
// remove the first digit
- set x = x % divisor
// remove the last digit
- set x = x / 10
// since first and last digit are removed we divide divisor by 100
- set divisor = divisor / 100
- return true
C++ solution
class Solution {
public:
bool isPalindrome(int x) {
if(x < 0){
return false;
}
int divisor = 1;
while(x/divisor >= 10){
divisor *= 10;
}
while(x != 0){
if (x / divisor != x % 10) {
return false;
}
x %= divisor;
x /= 10;
divisor /= 100;
}
return true;
}
};
Golang solution
func isPalindrome(x int) bool {
if x < 0 {
return false
}
divisor := 1
for x / divisor >= 10 {
divisor *= 10
}
for x != 0 {
if x / divisor != x % 10 {
return false
}
x %= divisor
x /= 10
divisor /= 100
}
return true
}
Javascript solution
var isPalindrome = function(x) {
if( x < 0 ){
return false;
}
let divisor = 1;
while( x / divisor >= 10 ){
divisor *= 10;
}
while( x != 0 ){
if( Math.trunc(x / divisor) != Math.floor(x % 10) ){
return false;
}
x %= divisor;
x = Math.floor( x / 10 );
divisor /= 100;
}
return true;
};
Dry Run
Let's dry-run our algorithm.
x = 12321
Step 1: x < 0
12321 < 0
false
Step 2: divisor = 1
Step 3: while x / divisor >= 10
1. 12321 / 1 >= 10
12321 >= 10
divisor *= 10
divisor = 10
2. 12321 / 10 >= 10
1232 >= 10
divisor *= 10
divisor = 100
3. 12321 / 100 >= 10
123 >= 10
divisor *= 10
divisor = 1000
4. 12321 / 1000 >= 10
12 >= 10
divisor *= 10
divisor = 10000
5. 12321 / 10000 >= 10
1 >= 10
Loop exit
Step 4: while x != 0
1. 12321 / 10000 != 12321 % 10
1 != 1
false
x %= divisor
x = 12321 % 10000
x = 2321
x /= 10
x = 232
divisor /= 100
divisor = 100
2. 232 / 100 != 232 % 10
2 != 2
false
x %= divisor
x = 232 % 100
x = 32
x /= 10
x = 3
divisor /= 100
divisor = 1
3. 3 / 1 != 3 % 10
3 != 3
false
x %= divisor
x = 3 % 1
x = 0
x /= 10
x = 0
divisor /= 100
divisor = 0
4. x != 0
0 != 0
Loop exit
Step 5: return true
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Max Tommy Mitschke Max Tommy Mitschke - 7 months ago 20
Javascript Question
.map() undefined even though I pass an array
I'm trying to map an array in my Component render method but it keeps saying .map is not a function even though it's an array.
return (
<select className="c-select">
<option value="">Choose your city</option>
{console.log(state.cities.items)}
{state.cities.items.map(city => <option key={city.slug} value={city.slug}>{city.name}</option>)}
</select>
);
The console log gives me this result:
[{"id":1,"name":"Berlin","country":"Germany","default":1,"slug":"berlin"},{"id":2,"name":"Hamburg","country":"Germany","default":0,"slug":"hamburg"}]
I have no clue why .map is undefined - Am I missing something here?
Thanks!
Answer
If you're using Chrome or Firefox, it looks like state.cities.items is a JSON string, not an Array.
Try
{JSON.parse(state.cities.items).map(...)}
When you console.log real Arrays, the output will look like Array [ Object, Object ] in Firefox or >[Object] in Chrome | ESSENTIALAI-STEM |
Wikipedia:WikiProject Åland
Welcome to WikiProject Åland! Dedicated to improving Wikipedia's coverage of Åland.
* Goal
* Improve Wikipedia's coverage of Åland.
* Scope
* This project covers the creation and editing of articles related to Åland, its cities, regions, geography, government, culture, history and so on.
[[Image:Gnome-fs-blockdev.svg|20px|Project divisions]] Project divisions
* Assessment
Tasks
* Make the red links about Åland found here.
Active participants
To join WikiProject Åland, edit this section and add the Wikitext with your areas of interest to the bottom of the following list of participants. Participants should also place participant identification on their user page.
Former participants
Thank you for your help! Please move your username back to the active list when you can participate again.
* 15:43:15, 12 May 2019 (UTC)
Participant identification
WikiProject Åland participants should place one of the following lines of Wikitext on their user page.
For other Åland user templates see .
[[Image:Cscr-featured.svg|22px]] Featured content
Featured content (portals, images, articles) on Åland-related subjects, not necessarily improved to Featured Status by this WikiProject.
* Swedish language
Collaboration and review
* Article Creation and Improvement Drive
* Peer review
Naming conventions
* Wikipedia Guidelines
* Naming conventions (Swedish)
General template
WikiProject Åland Islands should be placed on article talk page
generates:
[[Image:Nuvola apps package development.png|20px|Stubs]] Stub templates
* Åland-stub - for general articles about Åland
[[Image:Nuvola apps mycomputer.png|22px]] Resources
* Åland in Brief - Website about Åland published by Åland government
* Statistics and Research Åland - Website with statistic research from ÅSUB
Images
* commons:Category:Åland and all subcategories
Related WikiProjects
* WikiProject Finland | WIKI |
2173. Change
单点时限: 2.0 sec
内存限制: 256 MB
Sue is waiting in line at the grocery store. Being in a hurry, she wants to pay with exact change when she gets to the front of the line. However, she does not know how much her items are going to cost; instead, she only knows an upper bound C on their total cost. Given a list of the various coins Sue has in her pocket, your goal is to determine the minimum number of coins she must take out in order to ensure that she can make exact change for every amount from 1 to C.
输入格式
The input test file will contain multiple cases. Each test case begins with a single line containing two integers C (where 1 ≤ C ≤ 1000000000) and m (where 1 ≤ m ≤ 1000), where C is the maximum amount for which Sue must be able to make change, and m is the number of unique coin denominations Sue has in her pocket. The next m lines each contain two numbers, vi (where 1 ≤ vi ≤ 1000) and ni (where 1 ≤ ni ≤ 1000), where vi is the value of the ith coin denomination, and ni is the number of coins of that denomination that Sue has in her pocket. Input is terminated by a single line containing the number 0; do not process this line.
输出格式
For each test case, either print a single line containing the number of coins Sue must use in order to make exact change for all amounts up to C, or print “Not possible” if exact change cannot always be made with any combination of coins in Sue’s pocket.
样例
Input
4 2
2 1
1 3
9 3
1 5
8 2
7 1
0
Output
3
Not possible
6 人解决，11 人已尝试。
8 份提交通过，共有 36 份提交。
7.6 EMB 奖励。
创建: 13 年，11 月前.
修改: 4 年前.
最后提交: 6 年前.
来源: Stanford Local 2007
题目标签 | ESSENTIALAI-STEM |
Page:1902 Encyclopædia Britannica - Volume 27 - CHI-ELD.pdf/669
ECHEGARAY —ECHINODERMATA 617 ing list of Rabbinic expressions which follows justifies this matics to the drama : no writer excels him in artful conjudgment (Schechter and Taylor, pp. 33, 34). Ben Sira’s struction, in the arrangement of dramatic scenes, in mere book is an echo of books greater than itself. (w. e. b.) theatrical technique, in the focussing of attention on his chief personages. These are valuable gifts in their way, Echegaray y Eizaguirre, Jose (1833- and it is just to say that Echegaray has a singularly power), Spanish mathematician, statesman, and dramatist, ful, gloomy imagination, which is momentarily impressive. was born at Madrid in March 1833, and was educated at In the drawing of character, in the invention of felicitous the grammar school of Murcia, whence he proceeded to the phrase, in the contrivance of verbal music, he is deficient. Escuela de Caminos at the capital. His exemplary dili- He alternates between the use of verse and prose; and this gence and unusual mathematical capacity were soon noticed. hesitancy in choosing a medium of expression is amply In 1853 he passed out at the head of the list of engineers, justified, for the writer’s prose is not more distinguished and, after a brief practical experience at Almeria and than his verse. These serious shortcomings may explain Granada, was appointed professor of pure and applied the diminution of his vogue in Spain ; they will certainly mathematics in the school where he had lately been a tell against him in the estimate of posterity. pupil. His Problemas de geometria analitica (1865) and Teorias modernas de la fisica unidad de las fuerzas maEchinodermata ■—Since the article on Echinoteriales (1867) are said to be esteemed by competent judges. derms in the 9 th edition of the Encyclopaedia Britannica He became a member of the Society of Political Economy, was published, our knowledge of this phylum of the helped to found La Revista, and took a prominent part animal kingdom has greatly increased, and our views on in propagating Free Trade doctrines in the press and on many important points have correspondingly changed. the platform. He was clearly marked out for office, and In 1877 the researches of Johannes Muller formed the when the popular movement of 1868 overthrew the groundwork of scientific conceptions of the group, and monarchy, he resigned his post for a place in the revolu- they had thus far been confirmed rather than added to. tionary cabinet. Between 1867 and 1874 he acted as The distinction of Echinoderms from such radiate animals Minister of Education and of Finance; upon the restora- as jelly-fish and corals (see Ccelentera), by their postion of the Bourbon dynasty he withdrew from politics, and session of a body-cavity (“coelom”) distinct from the won a new reputation as a dramatist. As early as 1867 he gut, was fully realized ; while their severance from the wrote La hija natural, which was rejected, and remained worms (especially Gephyrea), with which some Echinounknown till 1877, when it appeared with the title of derms were long confused, had been necessitated by the Para tal culpa tal pena. Another play, La ultima noche, recognition in all of a radial symmetry, impressed on the also written in 1867, was produced in 1875 ; but in the original bilateral symmetry of the larva through the latter year Echegaray was already accepted as the success- growth of a special division of the coelom, known as the ful author of El Libro talonario, played at the Teatro de “hydrocoel,” and giving rise to a set of water-bearing Apolo on 18th February 1874, under the transparent canals—the water-vascular or ambulacral system. There pseudonym of Jorge Hayaseca. Later in the same year was also sufficient comprehension of the differences between Echegaray won a popular triumph with La Esposa del the main classes of Echinoderms—the sea-urchins or vengador, in which the good and bad qualities—the clever Echinoidea, the starfish or Asteroidea, the brittle-stars and stagecraft and unbridled extravagance—of his later work their allies known as Ophiuroidea, the worm-like Holoare clearly noticeable. From 1874 onwards he has written, thurians, the feather-stars and sea-lilies called Crinoidea, with varying success, a prodigious number of plays. with their extinct relatives the sac-like Cystidea, the budAmong the most favourable specimens of his talent may be formed Blastoidea, and the flattened Edrioasteroidea— mentioned En el puno de la espada (1875); 0 locura 6 while within the larger of these classes, such as Echinoidea santidad (1877), which has been translated into Swedish and Crinoidea, fair working classifications had been estaband Italian ; En el seno de la muerte (1879), of which there lished. But the study that should elucidate the fundaexists an admirable German version by Fastenrath. El mental similarities or homologies between the several gran Galeoto (1881), perhaps the best of Echegaray’s plays classes, and should suggest the relations of the Echinoin conception and execution, has been translated into dermata to other phyla, had scarcely begun. Indeed, the several languages, and still holds the stage. The humorous time was not ripe for such discussions, still less for the proverb, i Piensa mol y acertards ? exemplifies the author’s tracing of lines of descent and their embodiment in a limitations, but the attempt is interesting as an instance of genealogical classification. Since then exploring expediambitious versatility. His susceptibility to new ideas is tions have made known a host of new genera, often illustrated in such pieces as El hijo de Don Juan (1892) exhibiting unfamiliar types of structure. and El loco Dios (1900) : both of these plainly prove a close Among these the abyssal starfish and holothurians described by reading of Ibsen, and El loco Dios more especially might be bladen and Theel respectively, in the Report of the 11 Challenner,, taken for an unintentional parody of Ibsen’s symbolism. Expedition, are most notable. The sea-urchins, ophiuroids and Confirmatory signs of a new departure are noticeable in crinoids also have yielded many important novelties to A. Agassiz {Challenger Blake, and Albatross Expeditions), Lyman {Challenger), Mariana (1892), in Mancha que limpia (1895), and in bladen ( Astrophiura, ’ Ann. Mag. Mat. Hist., 1879), Bell (nummany other productions. Echegaray has succeeded to the erous papers in Ann. Mag. Nat. Hist, and in Proc. Zool. Aoc. literary inheritance of Lopez de Ayala and of Tamayo ft. Vemev {Travailleur and Talisman,Cape Horn,and Monaco Expey Bans ; and though he possesses neither the poetic imagina- ditions), r. H. Carpenter {Challenger Reports), and others. The of these authors, as well as those of Loven tion of the first nor the instinctive tact of the second, it anatomica! researches is impossible to deny that he has reached a larger audience a i nii ourtalcsia ” and “Echinologica,” published by the Swedish fSelenCe Ludwi iQ?of Hamann tT° ^ g der {MorphologischeStudien, 1877than either. Hot merely in Spain, but in every land 1882), {Histologie Echinodermen, Jena,Leipzig, 1883-1889), where Spanish is spoken, and in cities as remote from Cuenot (“Etudes morphologiques,” Arch. Biol., 1891, and papers therein referred to), Duncan (“ Revision of the Echinoidea,” Journ. Madrid as Munich and Stockholm, he has met with an Linn. Soc., 1890), Prouho (“Sur Dorocidaris,” Arch. Zool. Exper., appreciation incomparably beyond that accorded to any 1888), and many more, need only be mentioned to recall the great other Spanish dramatist of the 19th century. But it advance that has been made. In physiology may be instanced W. would be more than usually rash to prophesy that this B. Carpenter’s proof of the nervous nature of the chambered organ axial cords of crinoids {Proc. Boy. Soc., 1884), the researches of exceptional popularity will endure. There have been signs and Durham {Quart. Journ. Micr. Sci., 1891) and others into the wander- • of a reaction in Spain itself. Echegaray applies his mathe- ing cells of the body-cavity, and the study of the deposition of the S. III.— 78 | WIKI |
Talk:Canadian skiers compete at IPC Nor-Am Cup Super G
Journalist notes
Results and team lists.
Canadians competed today. I have pictures if necessary to verify this. the source confirms the basic premise. --LauraHale (talk) 05:47, 12 December 2012 (UTC) | WIKI |
I made 6 figures at my Facebook dream job — but couldn't afford life in the Bay Area
It was slowly becoming real. I’d received a message from a Facebook recruiter over LinkedIn in July 2010. In August, I had phone interviews and then an on-site interview. A week after the on-site, I received an offer letter. Facebook, the company that touched the lives of more than 400 million people per month, wanted to relocate me, my wife, and our infant daughter from Arizona to Silicon Valley so that I could work on the site reliability operations team. It was my dream job, in a place that always had an almost mythical allure to me. When I said yes, I was filled with excitement. Five years later, I quit. Not because of the job — I loved working at Facebook. I left because I couldn’t afford to live in the Bay Area anymore, even on my generous six-figure Facebook salary. As an Ohio teenager in the 1990s, I held Silicon Valley on a pedestal. In my mind, it was a far-off land filled with people like me: people who spent their free time in front of computer screens just getting the darn thing to do interesting things. It’s easy to take for granted these days as computers and devices have infiltrated every corner our lives, but back then it wasn’t uncommon for people to shun the beige boxes and the people who just seemed to “get” them. I got my first job in tech when I was just 17 years old, at a Cleveland-based internet service provider. It was 1998, and I had a deep admiration for the companies that were formed or hit stride during the early commercialization of the internet: names like Yahoo, eBay, Sun Microsystems, and Apple. Many of them seemed to be located in this one relatively tiny area of the country. Silicon Valley was hallowed ground to me, full of successes and failures, drama and activity. Eventually the pull of Silicon Valley became too strong to resist: I moved to San Francisco in 2004 with only my computer and a few cardboard boxes. I worked remotely for a company based in New Jersey, and even then, being single, making a decent sum for a 23-year-old, and sharing an apartment with a newly met stranger, I quickly found out that the actual living costs add up if you’re not living under a rock. Trying to get a leg up on salary, I sent in some résumés to a few major companies, but the valley was in a recession at the time and I wasn’t even able to obtain an interview. I relocated again to Arizona in 2005 at the suggestion of an Ohio friend who had settled in there. In the intervening five years, I adjusted nicely to the climate and scenery, found new work, and honed some of my system administration chops. My first true taste of working for a Silicon Valley company came across in 2009 when I was hired by PayPal to be a part of its Scottsdale, Arizona, network operation center. At the time, I felt like even if this was as close as I got to working in Silicon Valley proper, my teenage self would still be proud. There were plenty of considerations surrounding taking the Facebook offer. Could I survive in a place where almost everyone is imported top-tier talent? My doubts mounted as I remembered my first ill-fated run in San Francisco. I wasn’t looking forward to finding housing. I also had a 3-month-old daughter now and couldn’t afford to retreat in failure for a second time. But I knew that if I didn’t take the job, I would always wonder what the ride would’ve been like. Behemoth companies don’t rise very often, and the prospect of being a part of one that was pre-IPO was exciting. After weighing the benefits and concerns with my wife, we decided to accept the offer for my dream job. I consider myself to be fortunate to have joined Facebook when I did. The company was on pretty solid ground and growing rapidly but could still be considered medium-size at around 2,000 employees. It was starting to produce scale-driven technologies that would be necessary for the site grow over the long term. There was plenty to contribute to as things got more established. Work-wise, I loved it at Facebook. The company treats its employees very well, and you always feel spoiled, especially if you’ve had enough experience in your career to know how most companies in America operate. Benefits at some companies can be explained as simply as “water and coffee.” The offices are like Disneyland for tech folk. Vast open stretches of adjustable desks with large monitors, micro kitchens never very far away that are stocked to the brim daily with rotating snacks and beverages, games like chess and ping-pong, and, of course, an army of culinary staff that cook up daily menus and operate mini restaurants across its main campus, all free operating as a benefit. Heck, I was even lucky enough to create an on-site arcade with another employee that became one of the more popular stops on campus tours. The big problem for me was that Facebook has made the strategic decision to only open engineering offices in places where it believes it can attract the best talent. Somewhere along the way, Facebook decided this can only mean top-tier markets: Silicon Valley, Seattle, New York City, Boston, London. All of these areas have tremendous costs of living, especially when it comes to real estate. Unless you’re coming in as a top-level engineer at the company, the company requires you relocate to a city with an engineering office. Facebook pays well in absolute terms, but if you’re a single-income family you have to live pretty frugally, as those rent checks eats into your monthly disposable income. My salary was about on par with what I was making at my last job in Phoenix — just barely breaking into the six figures — but housing costs were significantly different. Most of the comparable houses we looked at were twice as expensive. Plus, we had an infant, and all the expenses associated with that were new territory for me. We asked one of our friends from the area to be our roommate to help soften the blow of Bay Area rent. It wasn't the best living situation, but it was a small sacrifice for the job. We knew as our family grew that we wouldn’t want to live with a roommate forever. So when the opportunity arose for me to supplement my salary by selling my Facebook stock, I took it. I’d been granted a few thousand shares when I got hired, and after the company had its IPO in 2012, I sold all the shares that had vested. We could finally rent a house for just our family, no roommate. It was great, but that also meant even larger housing costs. In order to afford that, selling stock became necessary every quarter it vested. Obviously, this is not the path to financial security, but when the sum of money that lands in front of you isn’t life-changing, you look to the short term and what it can do for you right now. In many ways, this follows exactly with the Silicon Valley hustle that many startups fall into. The path in front of you isn’t always clear, so you hedge your bets. If you're not familiar, companies tend to use stock grants as a carrot to get new employees on board. Your initial grant is typically your largest — unless you're a game changer/rock star performer, and while I am reliable and stable, I am not a rock star. You get refresher grants, but the number of shares included in those is determined by the stock price when they're issued. So as Facebook's stock price climbed, the upside to those grants gets smaller and smaller. Your fortune, or lack thereof, is all a matter of timing. If I had started at Facebook just a few years earlier, it’s likely I’d still be working there and not writing this article. The difference in equity can be staggering, and rightly so, as the risks are higher while the company is nascent. Still, it’s hard not to dwell on the “what ifs.” In 2013, we had a second child. Facebook is amazing with its family benefits, and when I think about that period my heart fills with gratitude. Thanks to Facebook’s paternity leave policy, I was able to spend four months of fully paid leave solely focused on my family. This is a huge deal when you have a newborn. If there’s just one benefit that can escape Silicon Valley’s tech companies and spread across the country, I hope it’s extended paid parental leave for both parents. Finally in 2015, the last of my initial grant vested, and the additional money I was getting from those grants started to dry up. I was faced with the real estate market of 2015 in the Bay Area. I realized I would have to make downgrades in my family’s quality of living in order to just continue onward. There were a few choices on the table: move to a bad part of town where rents are cheaper, move into an apartment, relocate to another city with a Facebook engineering office and an equally expensive housing market, or leave the best job I may ever have and return to Arizona, where my wife and I were happiest living. We considered each of the options. My kids were still too young to have much of an opinion about the area. The constant feeling of crowding in the Bay Area got to my wife. After bringing up the possibility of moving back, it only took about a month before I had secured another job. We left to go back to Arizona where the real estate, while still higher than much of the country, has a better possibility of ownership someday for me. That just wasn't in play at all in the Bay Area, where anything within 30 miles of the office is over $500,000, realistically near $1 million for what we'd want. Yes, this is a #FirstWorldProblem. I won't pretend like I couldn't have done without a lot of things to make it work or that I was thinking long-term. My point with this is not to be a sob story, but to tell you that for a lower-mid-range worker, sometimes your dream job can't make up for the cost of living in the Bay Area. It can easily work for a single 20- or 30-something with no family and a few roommates, and they can prosper greatly from it if they’re able to save responsibly. Especially for those that have basic needs that can be simply attended to by a company’s excellent benefits packages that include meals, laundry, and transportation. But for a person with a family of four who has a certain lifestyle that they want to try to maintain (a nice-ish $40,000 car, the ability to go out once a month and leave the kids with a sitter, a house that wasn't last remodeled in ’70s, etc.), it can be difficult. I couldn't afford to live in the expensive areas that Facebook dictated you live in and maintain our middle-class lifestyle. I didn’t want to drop my hobbies, or compact our family into an apartment. There’s a lot to like about the Bay Area: the climate, wine country, the beaches, San Francisco, the eclectic tech crowd. But in my eyes, the cost is too great for what you get. And I wish companies like Facebook would reconsider their exclusive focus on places like Silicon Valley. I don’t share the view that top talent will only come to densely populated, expensive cities. Offering office locations in areas with affordable real estate can be a massive benefit to both the company and its employees. They could also find an untapped pool of candidates that would meet their hiring criteria but hadn’t considered them because of the need to relocate. Now, a year after we’ve moved, it’s again feeling like home instead of an extended vacation. My kids transitioned easily at their age. My wife and I are still a little sad to have left the amazing people we met in the Bay Area. But we smile when we experience all the things we were missing during our time there. We’re still renting but getting more for nearly half the cost. Our money goes further here, and I’m making roughly the same as what I was when we left. If I could go back and make the decision over again, I would still take that Facebook job offer. The roller-coaster ride of Silicon Valley is intense and surreal. I just wouldn’t want to live there forever. Matt Kulka works for Local Motors in Phoenix, Arizona. He loves to drive cars around race tracks, his expensive hobby that he just doesn’t want to kick. First Person is Vox's home for compelling, provocative narrative essays. Do you have a story to share? Read our submission guidelines, and pitch us at firstperson@vox.com. | NEWS-MULTISOURCE |
Pinsa
Pinsa or PINSA may refer to:
* Pensa, Burkina Faso
* Proceedings of the Indian National Science Academy (PINSA)
* Pinsa (bread), a flatbread similar to pizza | WIKI |
Page:Ferrier's Works Volume 1 - Institutes of Metaphysic (1875 ed.).djvu/49
Rh equally possible. But nature could not have fixed that two straight lines should, in any circumstances, enclose a space; for this involves a contradiction.
§ 28. The logical "law of identity or contradiction," as it is called, is the general expression and criterion of all necessary truth. This law may be best exhibited by carrying it a point higher than is usually done. The law is, that a thing must be what it is. A is A. Suppose that the denier of all necessary truth, and consequently of this proposition, were to say—"No; a thing need not be what it is;" the rejoinder is—" Then your proposition, that a thing need not be what it is, need not be what it is. It may be a statement to directly the opposite effect. Which of the statements, then, is it? Is it a proposition which affirms that a thing need not be what it is, or a proposition declaratory of the very contrary?" "It is a proposition to the former effect," says he. "But how can I know that? If a thing need not be what it is, why need your proposition (which, of course, is something) be what it is? Why may it not be a declaration that a thing is and must be what it is? Give me some guarantee that it is not the latter proposition, or I cannot possibly take it up. I cannot know what it means, for it may have two meanings." The man is speechless. He cannot give me any guarantee. | WIKI |
What Are Probiotics?
November 30, 2016
You have likely seen the term “probiotic” on foods and dietary supplements, but you may have wondered what probiotics are or how you might benefit from them.
Essentially, a probiotic is a live microorganism (typically bacteria) that has been linked to health benefits when used in adequate amounts. Probiotics can be in foods, like yogurt, infant formulas, medical foods and dietary supplements.
A core benefit of most probiotics is support for a healthy digestive tract (i.e., gut), which includes creating a more favorable gut environment, which can help with diarrhea caused by medically prescribed antibiotics. Research also supports a wide range of other benefits specific types of probiotics may provide; however the evidence is still evolving. Researching potential benefits of microorganisms is complicated because each class of bacteria -- the most common being Lactobacillus and Bifidobacterium -- has many subtypes or strains that may differ in their effects. For more information see the Practice Guidelines on Probiotics and Prebiotics of the World Gastroenterology Organization.
Yogurt can be a probiotic food. The standard bacteria used to make yogurt, Lactobacillus bulgaricus and Streptococcus thermophilus, have been studied for their ability to help people digest lactose, the sugar in milk, which can benefit people with lactose intolerance. You may have noticed the “live and active culture” seal on the package of some brands of yogurt; this indicates they contain a significant amount of live bacteria still present after the fermentation process is complete. Only live bacteria can help with lactose digestion. However, use of the seal is voluntary, so brands choosing not to use the seal may also contain live and active cultures.
Although fermented foods such as aged cheese, kefir (fermented milk drink), sauerkraut, miso, tempeh, wine and beer are made with microorganisms that sometimes remain alive (check the label), they are not called probiotics because their health benefits have not been well defined or supported with adequate research to date.
There is still much to learn about the potential health benefits of probiotics. They may not work the same for everyone, because each person has a unique eating pattern, combination of microorganisms in their gut and individual health history. Probiotics may be considered safe for some people, but if you have a serious illness, it may be best to check with your doctor before using them.
To learn more, check out the infographics, tips and resources on probiotics from the International Scientific Association for Probiotics and Prebiotics.
comments | ESSENTIALAI-STEM |
reaction turbine
Noun
* 1) a power-generation prime mover having nozzles mounted on the moving element; turned by the reaction of the issuing fluid jet | WIKI |
Talk:Cyril Falls
Untitled
Why was Falls never knighted? <IP_ADDRESS> (talk) 20:38, 6 April 2010 (UTC) Good question. He was an official historian. They knighted everybody else aand gave titles to newspaper owners. Rexroad2 (talk) 20:41, 6 April 2010 (UTC) The dates of his professorship are wrong.
--
He was Irish not English! AtomBoy (talk) —Preceding undated comment was added at 02:17, 4 September 2008 (UTC)
Typo?
Military Operations, France and Belgium, 1917: Vol II, The German Retreat to the Hindenburg Line and the Battles of Arras Cyril Falls, Cyril Bentham Falls, Archibald Frank Becke, James E. Edmonds. (London, 1940) Macmillan reprinted 1992 ISBN 0-901627-90-9.
Volume II is Military Operations France and Belgium, 1917: Messines and Third Ypres (Passchendaele).Keith-264 (talk) 08:34, 30 January 2013 (UTC) | WIKI |
*> \brief \b SLARTG generates a plane rotation with real cosine and real sine. * * =========== DOCUMENTATION =========== * * Online html documentation available at * http://www.netlib.org/lapack/explore-html/ * *> \htmlonly *> Download SLARTG + dependencies *> *> [TGZ] *> *> [ZIP] *> *> [TXT] *> \endhtmlonly * * Definition: * =========== * * SUBROUTINE SLARTG( F, G, CS, SN, R ) * * .. Scalar Arguments .. * REAL CS, F, G, R, SN * .. * * *> \par Purpose: * ============= *> *> \verbatim *> *> SLARTG generate a plane rotation so that *> *> [ CS SN ] . [ F ] = [ R ] where CS**2 + SN**2 = 1. *> [ -SN CS ] [ G ] [ 0 ] *> *> This is a slower, more accurate version of the BLAS1 routine SROTG, *> with the following other differences: *> F and G are unchanged on return. *> If G=0, then CS=1 and SN=0. *> If F=0 and (G .ne. 0), then CS=0 and SN=1 without doing any *> floating point operations (saves work in SBDSQR when *> there are zeros on the diagonal). *> *> If F exceeds G in magnitude, CS will be positive. *> \endverbatim * * Arguments: * ========== * *> \param[in] F *> \verbatim *> F is REAL *> The first component of vector to be rotated. *> \endverbatim *> *> \param[in] G *> \verbatim *> G is REAL *> The second component of vector to be rotated. *> \endverbatim *> *> \param[out] CS *> \verbatim *> CS is REAL *> The cosine of the rotation. *> \endverbatim *> *> \param[out] SN *> \verbatim *> SN is REAL *> The sine of the rotation. *> \endverbatim *> *> \param[out] R *> \verbatim *> R is REAL *> The nonzero component of the rotated vector. *> *> This version has a few statements commented out for thread safety *> (machine parameters are computed on each entry). 10 feb 03, SJH. *> \endverbatim * * Authors: * ======== * *> \author Univ. of Tennessee *> \author Univ. of California Berkeley *> \author Univ. of Colorado Denver *> \author NAG Ltd. * *> \ingroup OTHERauxiliary * * ===================================================================== SUBROUTINE SLARTG( F, G, CS, SN, R ) * * -- LAPACK auxiliary routine -- * -- LAPACK is a software package provided by Univ. of Tennessee, -- * -- Univ. of California Berkeley, Univ. of Colorado Denver and NAG Ltd..-- * * .. Scalar Arguments .. REAL CS, F, G, R, SN * .. * * ===================================================================== * * .. Parameters .. REAL ZERO PARAMETER ( ZERO = 0.0E0 ) REAL ONE PARAMETER ( ONE = 1.0E0 ) REAL TWO PARAMETER ( TWO = 2.0E0 ) * .. * .. Local Scalars .. * LOGICAL FIRST INTEGER COUNT, I REAL EPS, F1, G1, SAFMIN, SAFMN2, SAFMX2, SCALE * .. * .. External Functions .. REAL SLAMCH EXTERNAL SLAMCH * .. * .. Intrinsic Functions .. INTRINSIC ABS, INT, LOG, MAX, SQRT * .. * .. Save statement .. * SAVE FIRST, SAFMX2, SAFMIN, SAFMN2 * .. * .. Data statements .. * DATA FIRST / .TRUE. / * .. * .. Executable Statements .. * * IF( FIRST ) THEN SAFMIN = SLAMCH( 'S' ) EPS = SLAMCH( 'E' ) SAFMN2 = SLAMCH( 'B' )**INT( LOG( SAFMIN / EPS ) / $ LOG( SLAMCH( 'B' ) ) / TWO ) SAFMX2 = ONE / SAFMN2 * FIRST = .FALSE. * END IF IF( G.EQ.ZERO ) THEN CS = ONE SN = ZERO R = F ELSE IF( F.EQ.ZERO ) THEN CS = ZERO SN = ONE R = G ELSE F1 = F G1 = G SCALE = MAX( ABS( F1 ), ABS( G1 ) ) IF( SCALE.GE.SAFMX2 ) THEN COUNT = 0 10 CONTINUE COUNT = COUNT + 1 F1 = F1*SAFMN2 G1 = G1*SAFMN2 SCALE = MAX( ABS( F1 ), ABS( G1 ) ) IF( SCALE.GE.SAFMX2 .AND. COUNT .LT. 20) $ GO TO 10 R = SQRT( F1**2+G1**2 ) CS = F1 / R SN = G1 / R DO 20 I = 1, COUNT R = R*SAFMX2 20 CONTINUE ELSE IF( SCALE.LE.SAFMN2 ) THEN COUNT = 0 30 CONTINUE COUNT = COUNT + 1 F1 = F1*SAFMX2 G1 = G1*SAFMX2 SCALE = MAX( ABS( F1 ), ABS( G1 ) ) IF( SCALE.LE.SAFMN2 ) $ GO TO 30 R = SQRT( F1**2+G1**2 ) CS = F1 / R SN = G1 / R DO 40 I = 1, COUNT R = R*SAFMN2 40 CONTINUE ELSE R = SQRT( F1**2+G1**2 ) CS = F1 / R SN = G1 / R END IF IF( ABS( F ).GT.ABS( G ) .AND. CS.LT.ZERO ) THEN CS = -CS SN = -SN R = -R END IF END IF RETURN * * End of SLARTG * END | ESSENTIALAI-STEM |
Page:Dapples of the Circus (1943).pdf/29
a disadvantage, so he did not see the next move of the small savage from the hills.
Before any one even guessed his intent, Blackie wheeled and lashed out at Sir Wilton with both his heels, one of which struck him in the chest.
At this point in the strange scene, Mr. Pederson, who had been watching from the shed, came out with a whip and drove the fuming Blackie away, while he carefully examined Sir Wilton's chest to discover if he had been injured.
"Is he hurt?" cried the children in the same breath.
"No, I guess not," replied their father; "but I don't want that black imp kicking him in that way every day."
"Why did he do it?" asked Hans.
"He recognized a future rival among the mares. It is the way of stallions. I am sorry that he is so spiteful. I am afraid we'll have trouble if we try to keep both horses on the range when they grow up. But perhaps it will blow over." | WIKI |
Page:Mary Whiton Calkins - The Abandonment of Sensationalism in Psychology (The American Journal of Psychology, 1909-04-01).pdf/2
Rh pleasantness and unpleasantness. These four are: tension and relaxation (Spannung–Lösung), excitement and quiescence (Erregung–Beruhigung). Relaxation is opposed to tension and quiescence to excitement as pleasantness is opposed to unpleasantness, so that we have three pairs of opposites or, as Wundt calls them, ‘dimensions’ of feeling. The arguments for this view may be summarized as follows:
1. The Wundtians point out that emotional states differ, according to common consent, not merely as pleasant and unpleasant, but also as exciting or quieting, straining or relaxing. Both melancholy and terror, for example, are unpleasant emotions, yet the first is quieting, or depressing, while the second is as clearly exciting.
2. This purely introspective argument is verified and supplemented by experiment. Alechsieff, whose experimental study is one of the best and most recent of those put forth by members of the Wundtian school, stimulated his subjects in such wise as presumably to bring about emotional experiences, and recorded both pulse and breathing, and introspection. The introspective records first clearly indicated the occurrence of straining and relaxing, exciting and depressing emotions; next, sometimes asserted the occurrence, in emotional experience, of elemental consciousness other than sensations, pleasantness and unpleasantness; finally showed (in opposition to the results—later to be described—of Hayes) that either pleasantness or unpleasantness may occur in combination with any one of the four other ‘feelings’. In other words, the records indicated that in pleasurable emotion subjects were sometimes in a state of tension, but sometimes relaxed, sometimes excited and sometimes depressed; and that in unpleasant emotion subjects were now relaxed, now strained, and now excited, again depressed. The objective results of these experiments are summarized by Alechsieff in the following scheme adapted from Wundt: | WIKI |
Dangers of Tooth Whitening Chemicals and Treatments
Dangers of Teeth Whitening Chemicals and coverings
Teeth bleaching kits may cause a number of problems. Problems can happen in accidentally swallowing the bleaching product, faster decay and damaging gums.
The peroxide utilized in teeth bleaching can damage the nerves and also the fleshy tissue inside your gums. Once the nerves are broken, you'll have an elevated sensitivity to cold and hot sensations. Laser teeth bleaching isn't far better the peroxide continues to be put on one's teeth, only this time around the laser causes it to enter deeper in to the tooth. Laser teeth bleaching may cause much more damage than simply applying a tooth-whitening product towards the surface. These complaints, if not treated can result in cavities as well as in rare cases sometimes lack of your tooth altogether.
The mouth area is an extremely sensitive part of the body. The tough chemicals involved with teeth bleaching ought to be a final resort once you have attempted over-the-counter treatments for example toothpastes. However, there's a couple of safeguards you are able to follow to make sure that the whitening process goes easily. First, for those who have any current issues with the teeth, hold back until they're taken proper care of with a dental office before whitening the teeth. Never start the procedure with open wounds inside your mouth, for example stitches or ulcers. This may lead to worse problems than you began with, and also the chemicals can eat away in the tissue and cause a lot of discomfort.
An alternative choice to chemical teeth bleaching is getting veneers you should get some teeth. Many patients have opted to follow this path, despite your buck, and also have been extremely pleased using the results they've achieved. Additionally, many celebrities achieve their apparently perfect smile through veneers instead of chemical teeth bleaching. These can remain white-colored and aren't porous much like your regular teeth. They are available in a number of materials even though they are doing have a tendency to are more expensive than teeth bleaching treatments, the upside is that they last a good deal more than the outcomes you accomplish from the chemical teeth whitening process. | ESSENTIALAI-STEM |
Jean Dides
Jean Dides (5 August 1915, Paris – 2 April 2004, Paris) was a police commissioner and member of General Intelligence (RG) under the government Mendes France, French Poujadist councilor and MP. He is in charge of the fifth section of RG whose mission was to hunt foreign Resistance under the Vichy regime. After the liberation he joined the anti-communist struggle, becoming the main assistant in the mission of the police prefect of Paris Jean Baylot. Dismissed from his commissioner following the "leak case" of 1954, destabilizing the Interior Minister Francois Mitterrand considered too favorable to decolonization, he was elected in January 1956 under the banner of the Union French and brotherhood. Jean Dides however, retains its influence in the police, especially during the crisis of May 1958.
Vichy regime and after war
Jean Dides engages as a police officer in 1940. Two years later, he was appointed by Lucien Rottée, director of RG (shot at the Liberation), Senior Inspector RG to the 5th section, responsible in particular for the repression of anti-Nazi foreign resistance. Dides has been following Nazi "new order" for four year. Then he creates, an association with 5,000 police officers : "Association of Distant Administration" in 1946. Three years later, they created the" friendly Association of defense of the professional interests of officers of the municipal police", made up of 2200 police officers of the Prefecture of Police purged in 1944–45 as traitors. This association is headed by Dides, who himself has been suspended for a few weeks, by a committee chaired by his own former Chief Inspector at the 5th section, Migeon.
He became a member of the Gaullist RPF in 1947, and converts in the surveillance and repression of communists, that become the main enemy. Dides writes an internal brochure RPF, where one can read: "We want to consider the PCF as a national danger, it must be destroyed. We want the breakup of its unit, its resources, and if necessary its leaders. " CGT-Police is then purified by the Socialist Interior Minister Jules Moch: 800 police officers accused of sympathizing with the PCF are revoked, and 2200 mutated. | WIKI |
Themes of Isolation in Frankenstein
Isolation is to distance yourself from others. It can be done physically or emotionally. Physical isolation is when people distance themselves from any physical contact from humans. On the other hand emotional isolation is when people shun something emotionally. In Mary Shelley’s Frankenstein, isolation is approached differently from the characters in Frankenstein. Victor chooses to physically and emotionally isolate himself where as it is forced upon the monster. Walton also chooses to isolate him self. From the beginning of the novel, we learn that Walton is emotionally isolated as he has separated himself from the men on his ship.
Walton sees him self to be intellectually superior as his shipmates do not have a “capacious mind He does not have any friends that share the same dream he has therefore he isolates him self however in the fourth letter to his sister Margaret, Walton states that he is no longer isolated as he has “found a man who, before his spirit had been broken by misery. ” Victor chooses to isolate himself on his quest to reanimate life. He isolates himself to create the monster and again chooses to isolate himself after creating the monster as he cannot face the crimes he has committed.
While working on the monster, Victor realises the effects of not keeping contact with friends and family as his mental health had suffered. This made Victor “neglect the scenes around him causing him for forget his friends and family who were always there for him Victor also begins to lose his morals and becomes morally isolated as he “collected bones from charnel houses and disturbed with profane fingers This shows how he has lost all his morals as he is digging up graves which is an inhumane thing to do.
The fact that he digs through and picks out the best body parts he deems fit for his creation shows how he has lost all respect for life due to his isolation and does not believe that he is doing anything wrong. He then calls his apartment a “solitary chamber This shows how he has isolated him self as he calls his own room a solitary chamber. Upon returning to Geneva and due to the “two years of not being at home, Victor feels isolated from going back home as the “gates of the town were completely shut This also symbolizes the gates of heaven as he has committed vast sins and gone against God by creating man.
He also realizes that he cannot live peacefully as he “shunned the face of man and that “solitude was his only consolation. ” This signifies how isolation has affected Victor severely as he wants to be alone with no one to keep him company. On the other hand, The Monster is shunned by society and is forced to isolate himself from the world due to his looks. He was abandoned from the very start as Victor was disgusted at what he had created. On his first attempt at joining society he is beaten and forced to flee from human contact. The monster then seeks “refuge in a low hovel
This is where he meets the DeLacey family and begins to see them as his “protectors although they have no idea of his existence. De Lacy being blind gives the Monster a sense of confidence and courage that he can speak and get the human contact he needs as De Lacy cannot see his physical appearance. The monster feels happy speaking do De Lacy as he says that he is “blameless However the monster is once again forced to flee once De Lacy’s family enters the cottage as he is “struck violently with a stick This ultimately causes the monster to realize that he will never be accepted into society.
This is symbolic as from this moment the monster destroys all link with humanity as he destroys the cottage. This is symbolic as the cottage was his home and he believed that the De Lacy family would protect him and accept him into society. From that moment, the monster takes on a path of violence. We know this as he says to Victor “I am malicious because I am miserable The monster uses violence as a gateway due to the fact that he is alienated from society and that everyone is violent towards him so he feels he should do the same, starting off by killing Victors little brother, William.
The monster is mainly isolated due to his physical appearance as he attempts to save a drowning girl. However, the girl’s father “aimed a gun and “fired at the creature in fear for his daughters life as he believed the monster would harm her. The monster accepts the fact that he will be isolated from human contact as he says to Victor “I possessed no money, no friends, no kind of property. ” These are all forms of human contact and being part of society, and the monster possesses none of it.
This also shows that despite being alienated from society, the Monster has learnt what society is like and what humans value although he is isolated from all of it. Shelley teaches that through isolation, humans lost their moral guidance and begin to lose control of them. Despite both characters committing evil the main evil in my opinion in isolation as it is what causes the tragedies for the characters in the novel. Victor had become evil and committed those crimes as he isolated himself from his family and friends as he wanted to seek knowledge whereas his family and friends could have kept him safe.
The monster had turned evil and murdered as it helped him get over his isolation. Frankenstein being a didactic novel, Shelley aimed to teach readers about morals, isolations and not to judge on appearance as that is what caused the monsters downfall. Also Shelley teaches that the if your responsibilities are not kept, you cannot hide from it and it will eventually come back to get you. This can be shown by Frankenstein not being responsible for his creating and abandoning it which caused the deaths of Victor’s family members. | FINEWEB-EDU |
Inspect an element shown on hover
To inspect an element with Chrome DevTools, we usually right-click the element and choose Inspect from the context menu. However, it doesn't work with a dynamic element that is displayed when we hover on a given element. A JavaScript tooltip is a common example.
There are a few ways to inspect that kind of elements.
Trigger the mouseover event
$0.dispatchEvent(
new MouseEvent('mouseover', {
view: window,
bubbles: true,
cancelable: true,
})
);
`$0` represents the current inspected element
It simulates the `mouseover` event that is supposed to happen when we hover on the original element.
Pause the script execution
Use debugger
It's similar to the previous way.
handler = (e) => {
if (e.key === 'Enter') debugger;
};
document.addEventListener('keydown', handler);
Running `debugger` here will pause the script execution when we press the Enter key. Of course, you can replace it with other key.
Once you don't want to monitor the dynamic element anymore, you can stop listening to the `keydown` event:
document.removeEventListener('keydown', handler);
Track subtree modifications
Break on subtree modifications
Break on subtree modifications
If the dynamic element, a tooltip for example, is generated in the parent element of the target element, then you should choose the parent instead of the `body` element | ESSENTIALAI-STEM |
Daniel Jones (British Army officer)
Lieutenant General Daniel Jones (died 20 November 1793) was a British Army officer who became colonel of the 2nd (The Queen's Royal) Regiment of Foot.
Military career
Jones became a lieutenant in the 3rd Foot Guards in 1749. Promoted to major-general in 1777, he fought in the American Revolutionary War. He went on to be colonel of the 2nd (The Queen's Royal) Regiment of Foot on 12 August 1777. | WIKI |
Dangers of Insect Repellents
Dangers of Insect Repellents
Insect repellents are a valuable tool, allowing us to enjoy the outdoors without fear of annoying bug bites or insect-transmitted diseases like West Nile encephalitis. However, many contain strong chemicals that can be harmful. It's important to be aware of possible adverse effects, and use insect repellents with appropriate caution. This is particularly true for children, who may be more susceptible to toxic effects.
DEET
Most reports of insect repellent toxicity relate to DEET, or N,N-diethyl-3-methylbenzamide, the major synthetic agent in common use. DEET is considered safe when used as recommended; most serious problems have resulted from inappropriate use or extreme exposure. In the 52 years that DEET has been in widespread use, fewer than 50 confirmed cases of serious DEET toxicity have been reported. In many of these cases, details of exposure were not well documented, making it difficult to establish cause. That said, there remains concern about long-term safety of DEET. Scorecard.org lists it as a suspected toxin affecting multiple organ systems.
Topical reactions
Topical reactions are the most common, generally manifested as redness and itching. There may be small vesicles (blisters containing clear fluid), similar to a poison ivy/poison oak reaction. These can be treated with over-the-counter corticosteroid cream and are self-limited. There has been one case of a more serious anaphylactic reaction from skin contact. Eye irritation from accidental spraying of DEET into the eyes is common but not serious, and generally needs no treatment beyond irrigation of the eyes.
Systemic, cardiovascular, and GI effects
Systemic reactions such as fatigue, weakness, and muscle aches and pains are rare but have been reported with DEET. These have resolved without treatment. Cardiovascular reactions such as hypotension (low blood pressure) and bradycardia (abnormal slowing of heart rate) are extremely rare---as of 2009 only one case had ever been reported. Severe hypotension or bradycardia can lead to decreased blood flow to the brain and other organs. GI symptoms of DEET toxicity include nausea, vomiting and diarrhea.
Neurological toxicity
Neurological toxicity is the most serious danger, and can include memory loss, headaches, seizures, tremors, gait disturbance and encephalopathy. Coma, seizures and death have resulted in three cases where large amounts of high-concentration DEET preparations were deliberately ingested.
Cancer and birth defects
Laboratory studies have shown no increased risk of cancer or birth defects. DEET use is considered safe for pregnant and breast-feeding women.
Drug interactions
DEET can reduce the efficacy of sunscreen when the two are used together. However, the FDA recommends that sunscreen and insect repellent continue to be used together; if necessary, reapply the sunscreen more frequently. Products containing both sunscreen and insect repellent should be avoided as repellent doesn't require reapplication as frequently as sunscreen.
Recommendations
Keep insect repellents away from eyes, mucous membranes, open wounds and irritated skin. Avoid inhaling vapors from sprays. The American Academy of Pediatrics advises against the use of DEET on children under 3 years old, and sticking with low concentrations (maximum 10%) for older children. Adults should not use concentrations over 30% except in extreme situations. Up to 10% of topically applied DEET may be absorbed; this is cleared from the body by the kidneys after being metabolized so those with impaired organ function should consult a doctor before using DEET. Potential for adverse reaction may be increased when DEET and other insect repellents, such as permethrin, are used together.
Article Written By Peggy Hansen
Peggy Hansen holds a Bachelor of Science in biology from UC San Diego, Doctor of Medicine from UCLA, and completed postgraduate training at Stanford, Duke and Harvard. An award-winning writer and photographer, her work has been featured in Catnip, Herbalgram, Porter Gulch Review, and many online pieces. She's also a commentator for KQED-FM
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We HATE spam and promise to keep your email addresses safe and secure. | ESSENTIALAI-STEM |
Hampshire Chronicle
The Hampshire Chronicle is a local newspaper based in Winchester, Hampshire, England. The first edition was published on 24 August 1772, making it one of the oldest publications in England.
History
The paper was founded by James Linden and was originally based in Southampton, moving to Winchester in 1778. From 1807 until 2004, its offices were at 57 High Street, Winchester. It is now based at 5 Upper Brook Street, Winchester.
For many years, the paper included national and international news, before trains allowed London papers to reach Hampshire. It now concentrates on news from Winchester and central Hampshire.
The paper has been published every week without fail since the first week. Publication days have varied, moving from Monday to Saturday in 1844, then to Friday in the 1970s and to Thursday in November 2005.
Photographs became a regular feature of the paper in the 1940s.
The paper currently comprises three weekly sections: the first broadsheet section covers news, classified advertising and sport. The second broadsheet section is for property advertising. The third, tabloid-size section is 7 Days, which covers arts, entertainment and motoring. There is also a monthly tabloid business supplement.
Until 19 April 1991, the Hampshire Chronicle was printed at its own offices, 57 High Street Winchester. From the following week, it was printed at Portsmouth Printing and Publishing Ltd. It is now printed at Newsquest's Print Centre, in Test Lane, Redbridge, Southampton.
The Hampshire Chronicle is owned by Newsquest, which is the second largest publisher of regional and local newspapers in the UK, and is itself part of the US group Gannett.
Sister newspapers in the area include the Romsey Advertiser, Southern Daily Echo, Basingstoke Gazette, Andover Advertiser, and the Salisbury Journal. | WIKI |
Early retirement vs mini retirement advice: How to save enough money
Early retirement isn't always feasible.Instead of an early retirement or end-of-career retirement, some people opt for a mini-retirement, a series of meaningful respites away from their job.Five people who have taken mini-retirements share why they did it, how they did it, and how they're spending their time.Ultimately, they were able to save money by sticking to a budget, living a minimalist lifestyle, and picking up side hustles.Visit Business Insider's homepage for more stories.For some people, early retirement just isn't feasible. But neither is the rat race.That's where a mini-retirement comes in.Coined by Tim Ferris in his book, "The 4-Hour Workweek," a mini-retirement is a series of meaningful respites throughout your life in which you take a break from your career, rather than taking one final retirement at the end. It's a time to step away from your typical routine and create a blank slate.Most mini-retirements involve travel — not a holiday, but a relocation for at least one to six months before heading back to home base. But really, a mini-retirement can be whatever you need it to be.The only challenge can be saving enough money to get there.Take a cue from these mini-retirees below, who share why they took hiatus from work, how they saved money for it, and how they're spending their time.
Mark and Amanda Tew spent six years paying off debt, living frugally, and saving $30,000 to live in Nicaragua for a year — and they didn't miss out on anything at home while they were away.
Dinah Chutz spent seven months hustling hard at work, saving $14,000 to travel around New Zealand and Asia. She feels even more productive than if she were working a full-time corporate job.
Jillian Johnsrud is on her fifth mini-retirement, traveling through national parks with her family. She's been able to afford so many in part due to passive income from buying and renovating homes with her husband.
So far, Jillian Johnsrud has five mini-retirements under her belt, ranging from a month to two-and-a-half years away from work. She and her husband, Adam, opted for mini-retirements because they didn't want to miss out on things if they waited until their sixties."Mini-retirements are perfect for capturing those experiences that might otherwise pass you by," Johnsrud told Business Insider. "They are also a great solution for people who want to investigate what to do as a second career or scale up a business they have started on the side but need more time and attention to grow into a full income."She took her first mini-retirement, a month-long $2,000 road trip with her best friend when she was 24, after she and Adam paid off $55,000 in debt and saved their first $100,000.The couple left their jobs two-and-a-half years ago and are currently traveling for 10 weeks to 10 national parks with their five children.Previously, they've used mini-retirements to travel or buy and renovate homes, the latter of which has helped them generate a passive income that enables them to take mini-retirements more often. Johnsrud also runs her blog, Montana Money Adventures, for about three hours a day, eight months out of the year.And after this latest mini-retirement, she plans to do full-time work while the kids are in school, but doubts that she and Adam will go back to a normal 9 to 5 job."After this one, the goal is to design a life we would never want to retire from because it's such a great fit for our lifestyle," she said. "Having a few months off a year and a modest work schedule seems about perfect for us in this season of life."
After three years, Kyle Stimpson saved $100,000 by adhering to a simple budget in which he saved 30% to 40% of his post-tax income — $20,000 of it is going towards a mini-retirement in Asia and Europe.
Kyle Stimpson of Not Your Parents' Financial Guy and his partner Lauren embarked on their first mini-retirement this month, in which they plan to travel the world for at least six months. "It has never made sense to me to work your whole life and save all of the fun and enjoyment for the end, when you might not have the health or energy to do the things you want," he told Business Insider. "Not to be morbid, but we're not even guaranteed a long life so we need to enjoy today and not postpone truly living."To fund his mini-retirement, Stimpson saved 30% to 40% of his post-tax income for three years. He used any leftover money wisely, adhering to a simple budget he created by renting a modest apartment, cooking most meals at home, and spending little on shopping and entertainment. And he did all of this while living in Sydney, Australia, one of the most expensive cities in the world.It paid off — Stimpson saved $100,000 and he's allocating $20,000 toward his mini-retirement with Lauren.After a short trip in Australia, they'll head to Southeast Asia for three months, where they're budgeting to spend around $2,000 a month, and then to Europe for three months with a monthly budget of $4,000. There, they'll be staying with a few friends and volunteering on an eco-farm in Italy."Travel is not just for the rich, since once you leave behind your expensive lifestyle, life on the road can actually be fairly cheap," Stimpson said.Part of his budget is earmarked for the one to two months he'll spend looking for work once his mini-retirement is over.But, it won't be his last mini-retirement."I enjoy my work when it's something that has meaning and allows me to contribute something positive to society, so I don't see the point in ever completely retiring from work," Stimpson said. "However, at certain stages in life, why not take a break to travel, spend time with family or recharge your batteries before starting a new project? I would definitely see myself taking a mini-retirement at least every 10 years."
Chris Durheim saved for his mini-retirement by accident. When he and his family downsized their home, they had enough equity to take a year off and then return to work with savings leftover.
What a dream retirement plan looks like for 12 of the richest CEOs in America | NEWS-MULTISOURCE |
Popular Science Monthly/Volume 28
* PAGE
* colspan=2|
* Flying-Machines
* 1
* Modern Science and Modern Thought
* 18
* Twenty Years of Negro Education
* 24
* Relations of Science to the Public Weal I
* 37
* Two Wonderful Instruments
* 51
* A Free Colony of Lunatics
* 56
* The Art of Investing
* 69
* Concerning Clover
* 73
* The Problem of Higher Education
* 84
* Origin of Color in Animals
* 94
* The Motor Centers and the Will
* 100
* Home-Life of the Thibetans
* 112
* Sketch of Sir Lyon Playfair
* 117
* Editor's Table
* 122
* Literary Notices
* 125
* Popular Miscellany
* 135
* Notes
* 143
* colspan=2|
* The Scientific Study of Religions
* 145
* Postal Savings-Banks
* 160
* The Refracting Telescope
* 169
* Thomasville as a Winter Resort
* 188
* The Spirit and Method of Scientific Study
* 192
* The Social Life of Arctic Birds
* 209
* Neuter Insects
* 217
* Masson's Interpretation of Carlyle
* 224
* Relations of Science to the Public Weal II
* 236
* The Uniformity of Nature
* 248
* Sketch of Professor Alpheus Hyatt
* 261
* Correspondence
* 268
* Editor's Table
* 269
* Literary Notices
* 272
* Popular Miscellany
* 281
* Notes
* 287
* colspan=2|
* Inoculation Against Hydrophobia
* 289
* The Origin of Primitive Money
* 296
* Progress in Tornado-Prediction
* 307
* The Varieties of the Human Species
* 315
* Communal Societies
* 325
* Fish Out of Water
* 334
* The Flower or the Leaf
* 342
* The Study of the Relations of Things
* 353
* Agatized and Jasperized Wood of Arizona
* 362
* Nonconformity
* 367
* A New Field of American History
* 371
* Natural Heirship: Or, All the World Akin
* 377
* Science in its Useful Applications
* 388
* The Physiology of the Feet
* 395
* Sketch of Frank Buckland
* 401
* Correspondence
* 407
* Editor's Table
* 410
* Literary Notices
* 412
* Popular Miscellany
* 420
* Notes
* 429
* colspan=2|
* The Improvement of East River and Hell Gate
* 433
* The Interpreters of Genesis and the Interpreters of Nature
* 449
* Recent Experiments in State Taxation
* 460
* Bishop’s Ring Around the Sun
* 466
* The Influence of Inventions Upon Civilization I
* 474
* The Musket as a Social Force
* 485
* Discrimination in Railway Rates I
* 494
* Acclimatization
* 507
* Instinct as a Guide to Health
* 517
* The Increasing Curse of European Militancy
* 521
* Medical Practice in Damaraland
* 526
* The Problem of Photography in Color
* 531
* Women in Astronomy
* 534
* Sketch of Dr. W. B. Carpenter
* 538
* Sketch of James B. Eads
* 544
* Editor's Table
* 554
* Literary Notices
* 556
* Popular Miscellany
* 565
* Notes
* 574
* colspan=2|
* Biological Teaching in Colleges
* 578
* Discrimination in Railway Rates II
* 586
* A Thinking Machine
* 596
* Health and Sex in Higher Education
* 606
* Proem to Genesis
* 614
* Animal Weather-Lore
* 635
* Japanese House-Building
* 643
* The Influence of Inventions Upon Civilization II
* 656
* Colorado as a Winter Sanitarium
* 668
* Durability of Resinous Woods
* 679
* Infancy in the City
* 683
* Arbor-Day
* 689
* Sketch of Sir John Bennet Lawes
* 694
* Editor's Table
* 699
* Literary Notices
* 703
* Popular Miscellany
* 713
* Notes
* 719
* colspan=2|
* An Economic Study of Mexico I
* 721
* External Form of the Man-Like Apes
* 736
* The Factors of Organic Evolution I
* 754
* Botany as a Recreation for Invalids
* 779
* The French Problem in Canada
* 781
* Mr Gladstone and Genesis
* 788
* Comments by Professor Henry Drummond
* 803
* The Hand-Work of School-Children
* 812
* The Teeth of the Coming Man
* 817
* Earthquakes in Central America
* 819
* The Gems of the National Museum
* 823
* The Whipping-Post
* 830
* Sketch of Huygens
* 835
* Editor's Table
* 840
* Literary Notices
* 843
* Popular Miscellany
* 856
* Notes
* 863
* Dawn of Creation and of Worship
* 865
* Index
* 881
* }
* Notes
* 574
* colspan=2|
* Biological Teaching in Colleges
* 578
* Discrimination in Railway Rates II
* 586
* A Thinking Machine
* 596
* Health and Sex in Higher Education
* 606
* Proem to Genesis
* 614
* Animal Weather-Lore
* 635
* Japanese House-Building
* 643
* The Influence of Inventions Upon Civilization II
* 656
* Colorado as a Winter Sanitarium
* 668
* Durability of Resinous Woods
* 679
* Infancy in the City
* 683
* Arbor-Day
* 689
* Sketch of Sir John Bennet Lawes
* 694
* Editor's Table
* 699
* Literary Notices
* 703
* Popular Miscellany
* 713
* Notes
* 719
* colspan=2|
* An Economic Study of Mexico I
* 721
* External Form of the Man-Like Apes
* 736
* The Factors of Organic Evolution I
* 754
* Botany as a Recreation for Invalids
* 779
* The French Problem in Canada
* 781
* Mr Gladstone and Genesis
* 788
* Comments by Professor Henry Drummond
* 803
* The Hand-Work of School-Children
* 812
* The Teeth of the Coming Man
* 817
* Earthquakes in Central America
* 819
* The Gems of the National Museum
* 823
* The Whipping-Post
* 830
* Sketch of Huygens
* 835
* Editor's Table
* 840
* Literary Notices
* 843
* Popular Miscellany
* 856
* Notes
* 863
* Dawn of Creation and of Worship
* 865
* Index
* 881
* }
* Comments by Professor Henry Drummond
* 803
* The Hand-Work of School-Children
* 812
* The Teeth of the Coming Man
* 817
* Earthquakes in Central America
* 819
* The Gems of the National Museum
* 823
* The Whipping-Post
* 830
* Sketch of Huygens
* 835
* Editor's Table
* 840
* Literary Notices
* 843
* Popular Miscellany
* 856
* Notes
* 863
* Dawn of Creation and of Worship
* 865
* Index
* 881
* }
* Popular Miscellany
* 856
* Notes
* 863
* Dawn of Creation and of Worship
* 865
* Index
* 881
* }
* Index
* 881
* }
* } | WIKI |
Bakery Cooks Up A Plan To Stay Put - tribunedigital-chicagotribune
A bakery firm that makes Danish pastries has decided to stay in Chicago and expand its operations with the help of ingredients supplied by several government and private groups. Cloverhill Bakery Co. plans to break ground Friday for construction of a 60,000-square-foot plant at 2035 N. Narragansett Ave., a mile from its present facility. The company will move to the new site. The plant, when completed this fall, will enable the firm to add 56 people living in the neighborhood to its 50-person work force, says William E. Gee III, president of the privately held company founded by his father in 1961. It will be a state-of-the-art facility, significantly increasing our production capacity while reducing operating costs, says Gee. The company makes Danishes and other wholesale baked goods for Burger King restaurants, public schools in Chicago and Minneapolis, vending machine companies and other food-service firms in much of the U.S., Canada, Europe and Latin America, according to the bakery executive. Gee says Cloverhill bought 3.8 acres formerly used for a lumber yard, and it razed two gang-infested, abandoned buildings on the site. The Illinois Development Finance Authority issued $7.2 million in tax-exempt industrial revenue bonds to help finance the land purchase, make improvements to the site, buy new equipment and build the plant. I also have to give credit to Mayor Richard Daley, Valerie Jarrett (commissioner of planning and development), the Greater North-Pulaski Development Corp., Ald. Sam Burrell, Police Commander Joseph Curtin (25th District) and the Galewood-Montclare Community Group, Gee adds. Junk mail firm expands A suburban company that stuffs your mailbox with such items as the Publisher's Clearing House sweepstakes letters also is considering an expansion project that it says eventually will create up to 300 additional jobs. ISA Direct Inc., now based in Lombard, is drawing up plans to build a new $10 million corporate headquarters in Montgomery, near Aurora. It will be located next to the direct-mail company's existing 101,000-square-foot production plant in an industrial park. The project will be part of a $30 million long-range expansion planned by ISA Direct, says Edward H. Schultz, president. It will probably take about nine months to design the building, which will incorporate some breakthrough concepts in architecture, computer sciences and equipment, he says. So it may be a year and a half before we are ready to break ground. Schultz, who founded the business with his wife in 1983, says he is thinking of including such employee amenities as a restaurant, day-care center, exercise rooms and a theater for company meetings. The firm also may create an environmental wetlands and recreational area as part of the business complex, he says. ISA Direct, which has about 200 employees, also prints and assembles mailing packages for Amoco Motor Club, Reader's Digest, Columbia House and Chrysler Corp. Schultz says it produces up to 1 million direct-mail items a day for its clients. The U.S. Postal Service, he adds, has a branch office in the plant to handle the mailings. I told the village board that we would be here (in Montgomery) for a trial period of 2 1/2 years, he says. I also said we had been in contact with a number of other communities, including East Troy, Wis. The board members had already sold most of the land in the industrial park so they charged us $10 for 50 acres. Business beat Illinois Institute of Technology says it and two other groups have formed a joint venture to develop a wide range of biodegradable products, including fast-food containers and coffee cups. They would be made from plastic materials that now are mostly non-biodegradable. Bridgestone/Firestone, which moved from 205 N. Michigan Ave. several years ago, has subleased 16,188 square feet of the office space to Laser, Pokorny, Schwartz & Economos. The law firm is moving from 30 N. LaSalle St. A Firestone sign still stands in the plaza on Michigan Avenue, a reminder of the brief period when Firestone Tire & Rubber Co. made Chicago its home. Bridgestone Corp. of Japan acquired the firm in 1988. | NEWS-MULTISOURCE |
Saturday, October 10, 2009
Setup for Succes
After nearly a decade of attempting to develop games, I have learned a few valuable lessons. Some of them are extremely basic, yet crucial, for anyone wanting to develop a video game, while some are more technical and for the more serious developer. Today I want to go over one a more technical lesson I have learned fairly recently.
From the very beginning, I was always a part of some game group project. Communication was hardly ever a problem; however, collaboration was almost always a problem. There was a continuous mess of making sure that everyone had the up-to-date map file, scripts ...ect. The problem grew exponentially with the size of the group. Anyone who has done a project in a group like this will know exactly what I am talking about. There is a solution to this though!
Source Control
(Subversion)
Source control is the key. I am sure that many developers have heard of this, but I imagine the more casual developer has not. I highly recommend this for anyone working on a project in a group. Subversion, aka SVN, is the most popular source control and is extremely useful. With it you can not only have a history of your revisions, but also be able to keep everything in one place, on the server, so that way it is easy for everyone to keep their project up-to-date.
I would write a tutorial on how to get this setup; however, there are lots of great tutorials out there that you can easily find via a google search. I know setting up a SVN server on Windows can be a little tricky if you don't know what you're doing. Ask if you have any questions and if enough people ask then I can write another post with some details.
Trac
Source control is a giant leap in setting up your project for success; however, it is only the start. Next on the list is something that will cover a gambit of potential hurdles. "Trac is an enhanced wiki and issue tracking system for software development projects." I am sure everyone has heard of a wiki before. They are immensely useful for documenting anything, even games that are being developed. I know I have seen several game projects that use a forum for keeping track of all of the game's details: storyline, characters, monsters, skills ...ect. With a wiki it is very simple to keep all of this data very organized and easily accessible by anyone on the team.
As mentioned, along with the wiki is an "issue tracking system" basically this system allows you to create "tickets" which can represent anything you want. Most commonly this is used for features and bugs. With a ticket created, lets say for a bug, you can assign it to someone and on that ticket have a discussion as well as keep track of the progress. When that bug is closed you can close the ticket. This goes along with Milestones you can create and attach tickets to. Tickets are very nice.
Trac can do much more than just this. It can be attached to a subversion repository and you can easily view the history of the changes as well as browse the source. You can easily add in new features and customize your Trac however you want. Trac Hacks is the best place to quickly to this. It is also easy to create your own since Trac is developed with Python.
Setting up Trac is easy thanks to the documentation. Here is a link to the different platforms and one directly to the windows since I'm sure most of you are on that.
Conclusion
I know that this is a lot to take in. I was there not too long ago. Getting Subversion and Trac setup will cost some overhead, especially if you have some difficulties like I did, but the time spent is nothing compared to what you gain.
The valuable lesson to take away from this is that having an environment that enables collaboration is not only going to make your life easier but may very well be the deciding factor in the completion of your project.
1 comment:
| ESSENTIALAI-STEM |
Is it possible to create an alert with a values lies in two column?
Salmas
Salmas ⚪️
Hi,
I'm trying to create an alert by comparing two values lies in two columns.
Here is the example
Date column A Column B
Jan 7 88 90
I want to set up an alert , when Column A < Column B and the message should be coming as
'On Jan 7 , the Column A value was 88 and Column B value is 90'
I have tried for different chart type, none of it is giving an option to select the columns of our own.
Kindly help with a solution
Any help is appreciated.
Thanks
Salma
Tagged:
Answers
• MarkSnodgrass
MarkSnodgrass Portland, Oregon 🥷
Alerts aren't set up to compare one column to another. You may need to perform this evaluation in a beast mode to create a single value that you can check to see if it is greater than zero, for example, when creating the alert. This previous thread sums up the alert limitations pretty nicely.
https://dojo.domo.com/discussion/30912/alerts-functionality
Alert functionality is driven on the card type and settings. For example, a table card can only track changes to the summary number and so it is the only element that can be alerted for. Bar charts can track changes to values for the x/y axis and/or series. There is a balance to getting a card built right such that it will allow you to alert the value you want to see.
Often the card you use on the dashboard is not built the right way for alerting. In these cases you'll have to create a second card for the alert. It might not even be useful as a visual, but it is set up to be useful for alerts.
**Make sure to <3 any users posts that helped you.
**Please mark as accepted the ones who solved your issue. | ESSENTIALAI-STEM |
Japan picks Osaka to host next year's G20 summit: source
TOKYO (Reuters) - Japan has picked the western city of Osaka to host next year’s G20 summit, the first such gathering to be held in Japan, a government source said. The choice of Osaka, Japan’s second-largest city after Tokyo, was first reported by public broadcaster NHK. This year’s summit is to be held in the Argentine capital, Buenos Aires, next month. The source asked not to be identified because he is not authorized to talk to the media. Governments around the world are grappling with how to regulate cryptocurrency trading, and policymakers are expected to discuss the matter at next month’s summit. Reporting by Takashi Umekawa and Tim Kelly; Editing by Nick Macfie | NEWS-MULTISOURCE |
John SCHWALM, Plaintiff-Appellant, v. GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, Defendant-Appellee.
No. 09-4275.
United States Court of Appeals, Sixth Circuit.
Argued: Oct. 19, 2010.
Decided and Filed: Nov. 17, 2010.
ARGUED: Michael A. Malyuk, Law Office of Michael A. Malyuk, Cuyahoga Palls, Ohio, for Appellant. Elise Balkin Ice, Ulmer & Berne LLP, Cleveland, Ohio, for Appellee. ON BRIEF: Michael A. Malyuk, Scott M. Kolligian, Law Office of Michael A. Malyuk, Cuyahoga Falls, Ohio, for Appellant. Elise Balkin lee, Ulmer & Berne LLP, Cleveland, Ohio, Patricia A. Shlonsky, Ulmer & Berne LLP, Columbus, Ohio, for Appellee.
Before: MARTIN and McKEAGUE, Circuit Judges; LUDINGTON, District Judge.
The Honorable Thomas L. Ludington, United States District Judge for the Eastern District of Michigan, sitting by designation.
OPINION
THOMAS L. LUDINGTON, District Judge.
Appellant John Schwalm (“Schwalm”) contends that Appellee Guardian Life Insurance Company of America’s (“Guardian”) decision to terminate his long-term disability benefits was arbitrary and capricious. See Employee Retirement Income Security Act of 1974 (“ERISA”) 29 U.S.C. §§ 1001-1461 (2006). The district court reviewed the administrative record, determined that Guardian’s decision was supported by substantial evidence, and dismissed Schwalm’s complaint. We AFFIRM.
I.
Schwalm injured his back on July 2, 1999. The initial “twinge,” felt while lifting luggage on a business trip, turned out to be a herniated disk that required surgery. The first surgery in November 1999 made matters worse, and Schwalm returned for a second surgery on December 31 of that year. The second surgery initially provided relief, but Schwalm’s back pain steadily increased. In 2002, he sought a second opinion from Dr. Louis Keppler, an orthopedic surgeon at the Cleveland Clinic. On December 5, 2002, Dr. Keppler performed a spinal fusion surgery on Schwalm’s L-4 and L-5 vertebrae. Recovery was difficult because of complications during the surgery and continued back pain, but Schwalm attempted to return to work on a limited basis in February of 2003. At the time, Schwalm was employed as the chief administrative officer of Acero, Inc., a technology company based in Cleveland, Ohio. He had previously served as chief executive officer of Acero, and as an executive with other companies. Schwalm earned a base salary of $140,000 per year.
On March 13, 2003, Schwalm completed an application for long-term disability benefits from Guardian. Schwalm was covered by a group insurance policy issued to Acero employees. Guardian provided the employees with life insurance and long-term disability insurance pursuant to an ERISA-qualifying plan. The plan provides two definitions of disability. The first definition is applicable during the two years immediately following the date the insured applies for benefits. In this case, that period began on March 13, 2003 and concluded on March 13, 2005. During this period, which Guardian refers to as “the own occupation period,” the insured is “disabled” if “physical, mental or emotional limits caused by a current sickness or injury” leave the insured person “not able to perform, on a full-time basis, the major duties of [his] own occupation.” After March 13, 2005, the second definition applies. During this period, the insured is disabled if he remains “not able to perform, on a full-time basis, the major duties of any gainful work.” The plan also defines the term “gainful work” as “[w]ork for which you are or may become qualified by: (a) training; (b) education; or (c) experience. Such woi'k must also be consistent with the level of your insured earnings.”
Guardian reviewed the application, determined Schwalm was disabled pursuant to the “own occupation” definition, and mailed the first benefit payment on May 1, 2003. Schwalm received $7,000 per month — sixty percent of his base salary.
Initially, Schwalm and Guardian both believed that he would be able to return to work in July 2003, but persistent back pain and concentration problems associated with the analgesic pain medications he had been prescribed delayed his return. Although doctors were unable to identify the cause of the pain in an MRI, Schwalm and Dr. Keppler scheduled a procedure for March 18, 2004 to remove the fusion hardware from his back. Dr. Keppler believed that the presence of the hardware, as well as a substantial amount of scar tissue around it, may have been causing the continued pain. The surgery, however, did not significantly improve Schwalm’s condition and limitations due to back pain continued. Guardian’s records show that Schwalm’s anticipated return to work was repeatedly delayed because of the pain and cognitive side effects of the medication.
Following the surgery, Dr. Keppler also performed a nerve block, but the procedure did not significantly reduce Schwalm’s pain. Dr. Keppler eventually referred Schwalm to Dr. Edwin Covington in the Cleveland Clinic’s pain management division for an initial appointment on February 8, 2005. Dr. Covington diagnosed Schwalm with post-laminectomy syndrome with moderate functional impairment and prescribed Maprotiline for pain and quinine for leg cramps. At various times, Schwalm’s doctors also prescribed Kadian, Vicodin, Effexor, methadone, Lyrica, and Oxycontin to help manage Schwalm’s pain, as well as other medications to aid sleep and control side effects. After consulting with Dr. Covington for several months, Schwalm remained unable to return to work because of the pain and the side effects associated with the medications.
In April 2005, Guardian scheduled an independent medical exam (“IME”) with Dr. Michael Harris for May 16, 2005. Guardian also arranged for surveillance of Schwalm’s activities for two days before and two days after the IME. Guardian was apparently concerned Schwalm might not be disabled because he was difficult to reach on the telephone. Schwalm also reported to Guardian that he would occasionally go to the office even though he was not working.
In the IME report, Dr. Harris reviewed the notes and records from Schwalm’s visits with Dr. Keppler, a questionnaire concerning Schwalm’s daily activities, X-rays from September 2003, and an MRI from October 2003. Dr. Harris also discussed Schwalm’s reported symptoms, which included a pain-level range between four and eight out of ten. Schwalm described the pain as “aching,” and sometimes “sharp” or “stabbing.” The pain began in his lower back and “radiat[ed]” down his right buttock, thigh, lower leg, and foot. Schwalm indicated he could sit for sixty to ninety minutes, stand in one position for ten to fifteen minutes, or walk for forty-five minutes. Schwalm told Dr. Harris he needed to lie down once or twice per day to rest.
Dr. Harris’s physical examination noted “no obvious distress” or “exaggerated pain behaviors or magnification.” He observed some tenderness and reduced sensation in Schwalm’s lower back. He described Schwalm’s gait as “independent” and his strength as “normal,” but he also noted limits to his range of motion. Dr. Harris indicated that Schwalm had “significant physical limitations and loss of function” due to the injury and subsequent surgeries. He noted that Schwalm could “function at a sedentary level” with “significant aceom[m]odations,” including the ability to lie down several times per day to rest his back. Dr. Harris also observed that “the opioids do interfere with his level of cognition and although he functions independently, I am not convinced that he can make the appropriate decisions that need to be made at the level of CEO of a technology company.” Dr. Harris concluded, “I do not believe that Mr. Schwalm is capable of working as a CEO at full capacity.”
Two months after the May 16, 2005 exam, Dr. Harris also reviewed the surveillance video and report that was prepared on May 11, 16, and 17, 2005. The video depicted Schwalm
moving around fairly comfortably; bending over into a car and carrying what appeared to be a black case with a lap top over his shoulder without any significant discomfort. He was seen carrying a small child without any significant discomfort. He was also seen sitting in a coffee house working at his lap top for a 12 minute stretch at one point and then another 25 minutes, after that.... There were no signs of discomfort. He had almost no position change except for occasionally bending his knees or extending his knees.
Dr. Harris was particularly surprised by Schwalm’s activities at the coffee house, which also included a twenty-one minute period there on a different date. Dr. Harris noted that it “did strike” him that with his reported pain Schwalm “was able to [sit] in a hard wooden chair at a coffee house” on both May 11 and May 16, 2005.
Nevertheless, Dr. Harris affirmed his conclusion that Schwalm would be unable to resume his position as chief executive officer of a technology company. Although Schwalm was “functioning at a level higher than one would expect” given the reported pain level of four to eight, he did not alter his conclusion that Schwalm’s cognitive limitations would prevent him from resuming his chief executive duties full time.
Clearly, he can easily work at a sedentary level doing some type of management job especially if he is allowed to sit in a comfortable leather chair with adjustable seat height and arm rest with a high back chair and as long as he is allowed to change positions frequently. However, the fact is he is s/p multiple spine surger[i]es, has significant scarring, and is on significant doses of opioid medication which can alter cognitive abilities. I still question his capability of functioning at the level of a chief executive officer, 8 hrs a day, which requires quick decision making, the results of which can have drastic financial consequences.
On June 22, 2005, a Guardian medical specialist reviewed the results of the IME, and updated the review on August 11, 2005, after receiving Dr. Harris’s supplementary surveillance report. The medical specialist concluded that Schwalm was still disabled, even though he could “perform some type of managerial position,” because the “complexity” of the duties associated with high-level business management may be impossible while on high doses of opioid medications. Guardian continued to pay Schwalm long-term disability benefits.
On June 1, 2005, Schwalm’s application for disability benefits from the Social Security Administration was denied. The Social Security Administration determined that Schwalm’s “condition is not severe enough” to keep him from working. The denial letter noted that Schwalm “re-tainted] the ability to stand, sit, and walk for a normal work day.” Despite the pain, the Social Security Administration observed that Schwalm was “able to move about and use [his] arms, legs, hands, and back to perform some limited types of activities.” Social security benefits were denied again on September 11, 2006.
Following the IME and the Social Security Administration’s initial denial, Guardian continued to pay Schwalm’s disability benefits for another year without raising new questions about his continued eligibility. Then, on August 30, 2006, Guardian received treatment records compiled by Dr. Covington’s office from February 2005 through August 2006. The records indicated that Schwalm was spending a significant amount of his time working in an executive management and finance role at a technology start-up called Peritus Technologies, LLC (“Peritus”). Schwalm was spending up to twelve hours per day at the company’s headquarters. He did, however, leave early about three times a week to exercise and he would lie down to rest on a cot in the offices three to five times per day for up to one hour at a time.
Guardian also received a “Cooperation Agreement” between Schwalm and Peritus with an effective date of July 1, 2005. Peritus was a new company that hoped to profit by connecting technology companies with qualified technology-industry employees. The Cooperation Agreement provided that Schwalm was responsible for all the company’s “executive management and financing functions including, business planning, bookkeeping, governance, legal administration, marketing and all other non-Business Development functions.” Schwalm’s partner in the new venture, another former Acero employee named Kevin Marquart (“Marquart”), was responsible for all business development, including “technology resources, establishing new clients and developing strategic partners.” The Cooperation Agreement acknowledged Schwalm’s injury and the side effects arising from the pain medications. It emphasized that Schwalm would require a very flexible schedule and significant accommodations, including frequent rest breaks of up to an hour and a cot to lie down on. Still, Schwalm agreed to spend at least 160 hours per month on his “assigned business responsibilities.” The Cooperation Agreement provided that Schwalm’s normal business hours would be six in the morning until six in the evening, “which allows four hours for rest and rehabilitation activities each day.”
Schwalm and Marquart agreed to equally divide the company’s equity, but with different salary arrangements. Neither partner would receive any salary until the company’s earnings before interest, taxes, and debt service exceeded the company’s other operation expenses. Then, Marquart would receive his entire “targeted” yearly salary of $100,000 before Schwalm would begin receiving his “targeted” yearly salary of $115,000. The partners acknowledged that their salaries depended on revenue and it “could be six months or longer” before they were paid at all. The Cooperation Agreement provided for a 270-day probationary period for Schwalm, and three “milestone assessment” meetings to evaluate Schwalm’s performance.
The records Guardian received in August 2006 also contained repeated references to Schwalm’s alleged “denial” of cognition and alertness problems related to the pain medications. Based on this new information, Guardian began another review of Schwalm’s eligibility for benefits and made the initial arrangements for additional medical tests, including a functional capacity evaluation (“FCE”).
On September 5, 2006, Schwalm visited Dr. Anantha Reddy, also of the Cleveland Clinic, for a disability assessment. Schwalm reported to Dr. Reddy that he was unable to return to his position as a chief executive officer because of chronic back pain and “his mental condition due to medications” used to treat the pain. During the visit, Dr. Reddy diagnosed “[m]eehanical back pain, failed back syndrome, chronic pain, intact motor strength, [and] chronic right leg pain.” Dr. Reddy suggested an MRI, X-ray, and EMG, but Schwalm declined due to the expense. Dr. Reddy also recommended an FCE, which Schwalm indicated would depend on insurance coverage.
On November 29, 2006, Schwalm underwent a FCE performed by Eric O’Brien, a physical therapist. O’Brien concluded that Schwalm
was able to demonstrate physical tolerances within the medium category of work on both the occasional and frequent basis. At minimum[,] he can perform at a light physical demand level for a typical 8 hour day according to the Standards of the US Department of Labor. A job description was provided with the referral and indicated that the patient’s job was in the sedentary classification. The patient is able to meet the demands of a sedentary job. He was consistent for 15 of 15 measures of isometric consistency.
O’Brien noted in the section of his report titled “subjective history” that mental side effects from the prescribed pain medications limited Schwalm’s ability to work. He also noted that Schwalm reported “difficulty thinking and communicating clearly.” O’Brien’s objective testing, however, focused solely on Schwalm’s physical abilities. O’Brien concluded, unequivocally, that Schwalm was physically able to perform the job functions of a chief executive officer.
On April 18, 2007, Dr. Covington reviewed the FCE report at Guardian’s request and concluded, “to my eye it seems reasonably correct.” He also observed that “Schwalm scored at the medium level. However, they certified him as fit to function at the light level of physical capacity given the fact that he works many hours a day but spendfs] much of it lying down because of intractable pain. This seems a reasonably appropriate determination.”
On February 26, 2007, Guardian received a vocational assessment (“VA”) performed by Jacqueline M. Pickering, a certified rehabilitation counselor and licensed professional counselor at The Sierra Group. Pickering reviewed Schwalm’s employment history, the results of the FCE, a letter Schwalm wrote to Guardian on September 4, 2006, and the Peritus Cooperation Agreement. Pickering observed, based on the FCE and Schwalm’s reported work activities, that Schwalm was capable of working an eight hour day and that his principal complaint, cognitive difficulties, was not supported by the objective evidence in the record. Pickering’s report emphasized that Schwalm had drafted the Cooperation Agreement and the lengthy September 4, 2006 letter explaining his condition, which were activities that seemed to require a relatively high-level of mental capacity. Pickering also noted in the VA that the terms of the Cooperation Agreement were unusual, including the lengthy probationary period, the absence of records concerning the “milestone assessment” meetings, and the provision for full compensation for Marquart before any compensation for Schwalm. The VA concluded: “There also does not appear to be any objective evidence of cognitive difficulties, nor any mention of basic coping techniques . that were attempted to lighten the cognitive load.”
On September 11, 2007, Guardian completed its review of Schwalm’s records and determined that he was no longer “disabled” within the meaning of the long-term disability insurance policy. Guardian discontinued his benefits as of that date. In a letter explaining its decision, Guardian reviewed Schwalm’s medical records from February 8, 2005 through August 9, 2006, the FCE, and the VA. Guardian noted that Schwalm had been working as many as twelve hours per day, five days per week, since July 1, 2005. Guardian observed that Schwalm’s medical records reflected mild to moderate impairment due to pain, but that the pain was manageable with medications. Moreover, the records reflected consistent denials by Schwalm of cognitive side effects from the medications. Guardian noted that the FCE concluded, and Dr. Covington confirmed, that Schwalm could perform at the “light level” of physical activity. It emphasized that there was no objective evidence of cognitive difficulties in the record, and that Schwalm had been working for more than a year, albeit without compensation, in an occupation that was very similar to the one he left in 2002. It also acknowledged that Schwalm’s voluntary agreement to work uncompensated until his partner was fully compensated was “not standard business practice,” even in a probationary setting.
Schwalm promptly appealed on October 8, 2007, delivering a series of letters and emails to Guardian protesting the decision to terminate his benefits. The appeal was referred to Kelly Holmes, a Guardian “Adjudication Procedural Specialist.” Schwalm emphasized that he continued to suffer from debilitating pain and severe side effects arising-from the pain management medications. He argued that the Cooperation Agreement evidenced a “vocational rehabilitation” project that he embarked on with a friend in an effort to preserve “professional capital,” and not any ability to engage in gainful work at a salary comparable to his former salary. Schwalm emphasized that his performance at Peritus did not meet even “minimum expectations” and that the accommodations provided by the company would not be available in a competitive work environment.
Schwalm also provided “supporting documentation” to Holmes, including a “Pain Disability Questionnaire,” additional medical records, his own list of reported disabilities, and printouts from several websites with information about his conditions and the reported side effects of his medications. Schwalm also stated that he was “submitting a copy of Dr. Covington’s letter to Kelly Holmes which provides a number of affirmative statements to put proper context around statements and inferences in the Medical Records which were used inappropriately by Guardian in the initial review.” The letter was actually prepared by Schwalm himself, and the copy included in the record was never signed by Dr. Covington. Indeed, when Guardian asked Dr. Covington about the letter, Dr. Covington emphasized that Schwalm had prepared it.
Schwalm also retained counsel to assist in his appeal, and in early 2008, he underwent a vocational evaluation (“VE”) at his attorney’s request. The VE was performed by Kathleen L. Reis, a certified vocational rehabilitation counselor at All-work, Inc., in Cleveland. Reis reviewed the FCE, information from Dr. Covington, information about Schwalm’s medications, the VA, the IME from Dr. Harris, Guardian’s September 11, 2007 termination letter, Schwalm’s resume, and writing samples from before and after the disability onset date. Reis also interviewed Schwalm, his wife, and Marquart, and met with Schwalm a second time at the Peritus offices.
Reis observed that Schwalm “appeared to have word-finding difficulty,” and frequently provided rambling or off-topic answers to her questions. Reis also noted that he “exhibited pain behaviors,” including “weight shifting, grimacing, and unannounced changes of posture.” She reported that his post-disability writing samples were “full of effort” but “hard to follow” because they “mixed first and third person, were full of incomplete sentences, and awkward constructions.” His pre-disability writing samples, by contrast, were “concise” and “on point.”
Reis concluded that Schwalm’s position at Peritus was not “competitive employment.” She acknowledged that he may be able to meet the physical demands of his “own occupation” or other “gainful work,” but she emphasized that his cognitive limitations left him unable to perform any job with a salary similar to what he earned at Acero. She noted that the policy definition of “gainful work” requires, according to Guardian’s termination letter, that the insured be able to earn at least eighty percent of his pre-disability salary before benefits are terminated. Reis concluded that Schwalm was not capable of performing any job paying $112,000 annually, and as a result, he remains disabled within the meaning of the policy.
On January 31, 2008, Schwalm visited Dr. Nagy A. Mekhail, head of the Cleveland Clinic’s pain management division, who noted that Schwalm was no longer working and was dependent on his friends and family for income. Dr. Mekhail noted that Schwalm was “interested in exploring his interventional options” because he hoped to return to work and he believed the medications negatively impacted his concentration. Dr. Mekhail suggested that Schwalm was a “good candidate for neuromodulation,” a medical procedure involving electrical stimulation of the spinal cord to relieve pain. Dr. Mekhail also reviewed the results of an MRI performed on January 9, 2008 — Schwalm’s first MRI since 2004. He observed that the MRI showed damage at the L3/L4 level, in addition to the existing L4/L5 damage. Dr. Mekhail diagnosed Schwalm with post-laminectomy syndrome-lumbar, lumbrosacral spondylosis, and lumbrosacral neuritis. He recommended that Schwalm continue with the course of treatment prescribed by Dr. Covington.
On May 20, 2008, Schwalm’s attorney delivered an eleven-page letter to Guardian, which reviewed the record and emphasized favorable evidence. On June 12, 2008, Guardian issued its final denial of Schwalm’s long-term disability claim. In a letter signed by Holmes, Guardian noted that it had reviewed all of the additional information received during the appeals process, and that it determined the decision to stop benefits on September 12, 2007 was correct. Guardian emphasized that Schwalm is responsible for furnishing medical evidence supporting the existence of a disability, and that he had not met that burden.
On June 16, 2008, Schwalm filed a complaint in the U.S. District Court for the Northern District of Ohio, challenging Guardian’s decision to terminate his long-term disability benefits. On September 4, 2009, the Honorable Christopher A. Boyko awarded judgment to Guardian based on his review of the administrative record. Judge Boyko determined that there was substantial evidence supporting Guardian’s decision to terminate benefits, and that it was not arbitrary and capricious to give more weight to Dr. Covington’s records, the FCE, and The Sierra Group VA, than to the Allwork VE and the IME performed by Dr. Harris.
II.
The district court’s findings of fact are reviewed for clear error. Sanford v. Harvard Indus., Inc., 262 F.3d 590, 594-95 (6th Cir.2001). Conclusions of law, including the determination of the appropriate standard by which the plan administrator’s decisions are considered, are reviewed de novo. Id.
Section 502(a)(1)(B) of ERISA authorizes an individual to bring an action “to recover benefits due to him under the terms of his plan, to enforce his rights under the terms of the plan, or to clarify his rights to future benefits under the terms of the plan.” 29 U.S.C. § 1132(a)(1)(B). Generally, federal courts review a plan administrator’s decision to deny benefits de novo. Sanford, 262 F.3d at 595 (citations omitted). But, where the plan administrator reserves discretionary authority to determine eligibility and construe policy terms, the more deferential arbitrary and capricious standard of review applies. Id. As the parties acknowledge, the arbitrary and capricious standard applies in this case because the policy grants Guardian “discretionary authority to determine eligibility for benefits and to construe the terms of the plan with respect to claims.”
The arbitrary and capricious standard is “the least demanding form of judicial review of administrative action. When it is possible to offer a reasoned explanation, based on the evidence, for a particular outcome, that outcome is not arbitrary or capricious.” Shields v. Reader’s Digest Ass’n, Inc., 331 F.3d 536, 541 (6th Cir.2003) (quotation marks and citation omitted). The arbitrary and capricious standard requires courts to review the plan provisions and the record evidence and determine if the administrator’s decision was “rational.” Id. Although the evidence may be sufficient to support a finding of disability, if there is a reasonable explanation for the administrator’s decision denying benefits in light of the plan’s provisions, then the decision is neither arbitrary nor capricious. Williams v. Int’l Paper Co., 227 F.3d 706, 712 (6th Cir.2000). Yet the deferential standard of review does not mean courts should “rubber stamp[]” a plan administrator’s decision — a court must review the quantity and quality of the medical evidence on each side. Evans v. UnumProvident Corp., 434 F.3d 866, 876 (6th Cir.2006). A decision reviewed according to the arbitrary and capricious standard must be upheld if it results from “a deliberate principled reasoning process” and is supported by “substantial evidence.” Baker v. United Mine Workers of Am. Health & Ret. Funds, 929 F.2d 1140, 1144 (6th Cir.1991).
A court may consider only that evidence presented to the plan administrator at the time he or she determined the employee’s eligibility in accordance with the plan’s terms. The court’s review is thus limited to the administrative record. See Wilkins v. Baptist Healthcare Sys., Inc., 150 F.3d 609, 618 (6th Cir.1998).
III.
Although Schwalm raises numerous objections to Guardian’s decision to terminate his benefits, his arguments can be divided into two categories. First, Schwalm contends that Guardian’s decision was arbitrary and capricious because Guardian did not consider all of the evidence in the record and misinterpreted other evidence, including its own policy. Second, Schwalm contends that Guardian’s decision is not supported by substantial evidence. The first category of objections focuses on the way Guardian made the decision; the second category focuses on whether that decision was correct.
A.
Schwalm contends that Guardian’s termination of his benefits was arbitrary and capricious because the company ignored the “insured earnings” requirement in the plan’s definition of disability; did not properly consider cognitive limitations, as reported by Dr. Harris and Reis; “cherry picked” the evidence which was provided to independent evaluators, like The Sierra Group; and overemphasized the Cooperation Agreement even though Schwalm explained his employment at Peritas was not competitive. Schwalm also contends that the district court was too deferential to Guardian in light of the inherent conflict of interest created when the plan administrator is also required to pay the benefits due under the plan.
Schwalm first contends that Guardian’s final denial letter misinterpreted the plan’s second definition of disability because it did not acknowledge the salary requirement in the definition of gainful work. Under the plan, Schwalm continued to be disabled unless he could perform “gainful work” at a salary “consistent with” his insured earnings of $140,000. Schwalm acknowledges that he may be able to perform sedentary work, but not sedentary work for compensation “consistent with” $140,000 per year.
Although the policy does not define “consistent with,” it does provide a limit to “the amount of income [the insured person] may earn, or may be able to earn, and still be considered disabled.” It continues: “Payments from this plan will also end if [the insured person is] able to earn more than 80% of [his] insured earnings.” Accordingly, regardless of what “consistent with” means as it is used in the definition of “gainful work,” if Schwalm was “able to earn” $112,000 per year, he no longer qualified for long-term disability benefits under the plan.
Moreover, in its June 12, 2008, letter concluding that Schwalm was no longer disabled, Guardian gives substantial attention to Schwalm’s physical and cognitive capabilities and his ability to return to work at a salary consistent with his insured earnings. Guardian also provides a definition of gainful work, noting that it must provide a salary that is consistent with insured earnings. Guardian further acknowledges that Schwalm reported to his doctors and to Allwork’s Kathleen Reis that he had “lost the ability to earn a living” and that he was working as many as fifty hours per week for no salary. Guardian dismissed Schwalm’s contention that he could no longer earn a comparable salary, concluding that Reis’ statement that he “lost his ability to earn a living is not supported by medical information we have in [the] claim file.”
Notably, the Cooperation Agreement provided for a salary target at Peritas of $115,000 per year. Although Schwalm had not yet begun to draw a salary, the agreement provides some indication of Schwalm’s own salary expectations and his own perceived ability to perform effectively at a high level. The definition of disability provided by the plan does not require that the insured person actually earn a salary consistent with his pre-disability salary, only that he “is able to perform ... the major duties” of such an occupation. Actual earnings are relevant elsewhere in the policy, but not to the determination of whether the insured person is disabled.
Guardian explained in the letter that the decision to stop benefit payments was not based on any actual earnings, but based on the decision that Schwalm was no longer disabled within the meaning of the plan. The decision could not be based on actual earnings because Schwalm did not provide tax returns or other documentation to confirm his earnings during the disability period, despite repeated attempts by Guardian to gain access to the information and Schwalm’s ongoing obligation under the plan to provide the information. As Guardian explained in the letter, “our review of Mr. Schwalm’s appeal does not include a final decision regarding any income earned by him during the period of disability claimed and how such earnings affect his claimed benefits under this plan.” Guardian specifically explained that it was discontinuing benefits because the medical evidence demonstrated he was able to return to gainful employment at a salary consistent with his insured earnings.
Schwalm relatedly contends that Guardian ignored evidence of cognitive limitations that would have prevented him from returning to an executive level job. Schwalm argues that even if, as Dr. Harris concluded after the IME, Schwalm could return to some type of management position, the cognitive limitations prevented the type of high-level thinking required of chief executives or any other position paying $140,000 per year. Schwalm relies primarily on Dr. Harris’ IME report, his own affidavit, the affidavit of his partner, and the VE performed by Reis.
Guardian emphasizes in response that Schwalm has the burden of proving continued disability, and that the portions of the record that address cognitive impairments are from 2005 and outdated. Perhaps the single most important piece of evidence, from Schwalm’s point of view, is the All-work VE that was completed by Reis on March 13, 2008. Reis interviewed Schwalm, his wife, and his partner, but she performed no objective testing. She is a certified rehabilitation counselor who is qualified to evaluate Schwalm’s ability to perform as a chief executive based on a given set of physical and mental limitations, but she is not qualified to diagnose physical or mental limitations. She is not a medical professional. Moreover, Guardian did not ignore Reis’ assessment of Schwalm’s ability to return to work. Rather, it concluded that it was unsupported by objective evidence and rejected it in favor of other record evidence. The conclusion was supported by substantial evidence, including the notes prepared by Dr. Covington’s nurse repeatedly noting Schwalm’s long hours and denial of cognition problems, The Sierra Group VA noting Schwalm’s physical ability to work and lack of objective signs of cognitive problems, and Schwalm’s own work product.
Schwalm next contends that Guardian “cherry picked” among the available evidence, emphasizing those parts of the administrative record that were favorable to Guardian and ignoring the parts of the record that were favorable to Schwalm. Specifically, Schwalm argues that The Sierra Group VA should be disregarded because Guardian “cherry picked” among the evidence it provided to The Sierra Group in an attempt to manipulate the outcome of the report. Cf. Spangler v. Lockheed Martin Energy Sys., Inc., 313 F.3d 356, 361-62 (6th Cir.2002) (concluding it is arbitrary and capricious for a insurance provider to rely on a vocational consultant’s report in making a disability determination where the provider “cherry picked” the insured’s file “in hopes of obtaining a favorable report”).
Although Pickering, The Sierra Group counselor who completed the report, never examined Schwalm, Pickering did examine the medical records from Dr. Covington’s office, the results of the FCE, the Cooperation Agreement, and Schwalm’s September 4, 2006 letter to Guardian. Pickering also reviewed a newspaper article concerning Schwalm’s former employer, Acero, noting that the company had fallen behind on servicing its debts as early as mid-2002 and that it had laid off sixty of its one hundred employees in September 2002, while Schwalm was still chief executive officer. Pickering’s review accurately summarized the record at the time and Guardian was not arbitrary or capricious in its evaluation of the report.
Moreover, three of the four items that Schwalm contends The Sierra Group should have been provided with were either irrelevant or unavailable at the time of VA. There was no reason to review the plan’s definition of disability because the VA was not intended to evaluate whether Schwalm was disabled within the meaning of the plan. Rather, it was intended to evaluate his “status and occupation.” Similarly, the affidavits prepared by Marquart and Schwalm, although perhaps relevant to The Sierra Group’s inquiry, were completed in March 2008, more than one year after the VA was conducted. This is not a situation, as in Spangler, where the plan administrator picked one aberrant medical evaluation from the administrative record and provided it to a “neutral” reviewer for evaluation. See 313 F.3d at 361-62.
Schwalm also contends that Guardian placed too much weight on the Peritus Cooperation Agreement, and not enough on other evidence indicating the Cooperation Agreement did not accurately summarize his activities at Peritus. He contends that Peritus was less successful than its partners had hoped, due in part to Schwalm’s deficient performance, and that Schwalm never received any compensation beyond medical benefits and reimbursement of business expenses. Schwalm asserts that his duties consisted primarily of bookkeeping, and that the nature of the business — recruiting qualified technology industry employees for client companies— meant that Marquart’s business development role shouldered most of the responsibilities.
First, Guardian does not contend that Schwalm’s activities at Peritus constituted “gainful work,” but that those activities are some evidence of Schwalm’s ability to perform gainful work. Second, although Schwalm consistently characterizes his Peritus activities as “vocational rehabilitation” rather than “work,” it was not unreasonable to conclude that a person who devotes nearly twelve hours per day to an office, managing the administration and finance of a company, has the ability to “work.” Many of Schwalm’s hours at Peritus may have been dedicated to rest and personal obligations, but some were devoted to business. However those hours doing business are characterized, Schwalm’s activities at Peritus are some evidence of his ability to perform “gainful work” and Guardian’s consideration of those activities was not arbitrary or capricious.
Schwalm next contends that the district court did not adequately consider the inherent conflict of interest in Guardian’s review of Schwalm’s disability claim. Guardian, after all, is both the payor of any long-term disability benefits and the administrator vested with discretion to determine his eligibility for those benefits. Indeed, such an inherent conflict of interest is “one factor” that must be considered when evaluating a plan administrator’s decision to deny benefits under ERISA. Metro. Life Ins. Co. v. Glenn, 554 U.S. 105, 128 S.Ct. 2343, 2351, 171 L.Ed.2d 299 (2008); Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 115, 109 S.Ct. 948, 103 L.Ed.2d 80 (1989). But there are many other factors a reviewing judge must consider as well. Glenn, 128 S.Ct. at 2351. In its opinion below, the district court acknowledged Guardian’s conflict of interest, but concluded, based on the record as a whole, that its decision to terminate Schwalm’s benefits was nevertheless supported by substantial evidence. The district court’s consideration of the inherent conflict of interest was proper.
The Supreme Court made clear in Glenn that such a conflict is a red flag that may trigger a somewhat more searching review of a plan administrator’s decision, but the arbitrary and capricious standard remains in place. Glenn, 128 S.Ct. at 2350. Guardian did not refuse to consider Schwalm’s evidence of disability. See Killian v. Healthsource Provident Adm’rs, Inc., 152 F.3d 514, 521 (6th Cir.1998). It accurately summarized and considered the evidence Schwalm submitted after the initial denial of benefits, including the All-work VE and Dr. Reddy’s analysis. Then, it determined that Schwalm retained the physical capability to perform a sedentary job, like a chief executive officer, and that there was insufficient medical evidence of mental limitations to prove disability. Guardian provided a thorough review of the record and there is no indication that the review was improperly influenced by the inherent conflict of interest.
B.
After Schwalm’s procedural objections to Guardian’s decision are eliminated — i.e. objections to how the decision was made' — Sehwalm’s principal contention is that Guardian simply made the wrong decision. On that score, the administrative record does provide some contradictory evidence. Dr. Covington’s records alone contain numerous statements suggesting physical and cognitive impairment, as well as a substantial number of statements suggesting exactly the opposite. Indeed, as Schwalm emphasizes, Dr. Covington’s records often contain contradictory evidence from the same visit. Still, the evidence suggesting that Schwalm suffered from a continuing disability is not so one-sided that the decision to deny benefits can be considered arbitrary or capricious.
The FCE, The Sierra Group VA, Dr. Covington’s records and his comments on the FCE, Dr. Harris’ IME, the denial of benefits by the Social Security Administration, and even Schwalm’s own VE from Allwork suggest that Schwalm was physically capable of returning to a sedentary job. There is some evidence that lingering pain and the side effects from the pain medications would prevent the high-level work required of a chief executive officer, particularly the Allwork VE, the affidavits from Schwalm and his partner, and the 2005 IME. That evidence, however, was based on Schwalm’s subjective representations concerning the side effects of his medications and Guardian was entitled to discount it based on the other evidence in the record. For example, Schwalm drafted the Cooperation Agreement, which is a brief but comprehensive agreement between the partners concerning their respective obligations and entitlements with respect to Peritus. Moreover, the agreement provided a rather extensive list of duties for Schwalm, including performing all of the company’s executive and administrative tasks and working at least 160 hours per month. The accommodations provided to Schwalm were significant, but acceptable to the company. Schwalm’s later representations to the contrary were self-serving and contradicted many of Schwalm’s statements to his medical providers.
Schwalm’s plan required him to provide objective evidence to support a continued finding of disability. Cf. Cooper v. Life Ins. Co. of N. Am., 486 F.3d 157, 166 (6th Cir.2007) (noting it is reasonable for a plan administrator to require “a claimant to provide objective medical evidence of disability”). Schwalm did not provide the necessary information. Indeed, until the appeals process began, Schwalm focused on his physical limitations and began emphasizing his cognitive limitations only after his benefits had already been terminated.
In response to Guardian’s concerns about the lack of objective evidence of cognitive limitations, Schwalm provided Guardian with a list of medications and printouts from several Internet sites outlining their potential side effects. The printouts, while certainly some evidence that opioid pain medications can lead to cognitive side effects, see Smith v. Cont’l Cas. Co., 450 F.3d 253, 264-65 (6th Cir. 2006), do not demonstrate that Schwalm was disabled by those side effects in this case. Schwalm’s medications were carefully managed by Dr. Covington and Jersan, and often changed in response to Schwalm’s concerns about mental sharpness and memory. On one occasion, Dr. Covington noted that he could “not detect” any evidence of cognitive limitations despite Sehwalm’s concerns. Schwalm repeatedly asked Dr. Covington for an opinion on whether Schwalm was able to return to work, but Dr. Covington declined. Unlike the treating physician in Smith, Dr. Covington never suggested that the medications would leave “anyone” unable to function. See 450 F.3d at 264-65.
IY.
Substantial evidence supports Guardian’s conclusion that Schwalm was no longer disabled within the meaning of the plan. Accordingly, the district court’s decision is AFFIRMED.
. Dr. Covington's records provide that Schwalm repeatedly denied problems with cognition due to the analgesic pain medications he had been prescribed during monthly consultations with Dr. Covington's nurse, Joan Jersan. But they also contain many references to specific problems that could be characterized as "cognition” problems, including complaints about lack of concentration and memory lapses. Schwalm characterizes the references in Jersan's notes to his denial of cognition problems as meaningless boilerplate recorded by a nurse rather than a doctor. The Cleveland Clinic, however, has stood by the accuracy of the notes and Schwalm has not provided any reason to suspect that Jersan included the notes without asking the relevant question.
| CASELAW |
Tam Minh Pham
Tam Minh Pham was the first Vietnamese graduate of the United States Military Academy at West Point. He returned to South Vietnam about a year before the fall of Saigon to teach at the Vietnamese National Military Academy in Da Lat before his arrest of imprisonment for nearly six years after the Fall of Saigon.
Education and career
Tam Minh Pham had been accepted to attend Vietnamese National Military Academy in Da Lat but instead joined two South Korean and a Thai student in a congressionally mandated all-expense-paid program to earn a degree from the prestigious military academy. The program was led by West Point's new superintendent, and Vietnam War veteran, General William Knowlton.
Upon graduation as a second lieutenant, he returned to his native Vietnam, drawn by "what we were taught about duty, honor and country". He served as a Tactical Officer at the Vietnamese National Military Academy from 1974 to 1975 when he and the cadets he led stopped invading North Vietnamese tanks before they fled the academy. He was summoned by the North Vietnamese for re-education but was instead imprisoned for five years and eight months, along with other soldiers who had been trained in the United States.
Following his release as a prisoner of war, he taught English at the Teachers Training College in Saigon. According to a letter he wrote to the USMA alumni magazine Assembly in 1989, he married Chi Kim Trang.
Tam Pham and Chi Trang returned to the United States in May 1991 where he served as a teacher's aide at Cardozo High School in Washington, D.C. Tam Pham was honored at a dinner where he was presented with a USMA class ring to replace the one taken upon its capture in 1975.
Tam Minh Pham was fatally injured by a driver named Michael Dereje Habte, aged 19, and his girlfriend named Taylor Dorothy Fletcher, aged 17, while crossing Midcounty Highway in Gaithersburg, Maryland on February 10, 2019, and died from his injuries two weeks later. He is interred at the United States Military Academy Post Cemetery. | WIKI |
GitLab vs GitHub: Difference Between GitLab and GitHub
Gitlab vs Github
Any reasonable person would agree that most code on the planet lives on either GitLab or GitHub. Without them, OSS and collaborative programming advancement basically would not exist as they do today. GitHub vs GitLab, which is best, has always been a predominant question.
Both GitLab and GitHub are development platforms with a solid spotlight on the open-source Git system for distributed version control. With regards to choosing the code repository hosting platform for a new venture, GitLab and GitHub are quick to ring a bell. If popularity must be taken into consideration, GitHub would be the reasonable victor. Having said that, GitLab has its speciality. As per the Snyk JVM Ecosystem Report 2020, the top repository among Java Developers was GitLab.
It is fascinating to take note that even though GitHub currently offers free private vaults, it can’t rival GitLab yet. In many individuals’ brains, GitLab is the spot to go for private stores and GitHub for public ones. However, what more do GitLab and GitHub have in store? Let’s discover.
What is GitLab?
GitLab is an open-source code repository that provides free open and private repositories, issue-following capabilities and collaborative programming improvement stages for enormous DevOps and DevSecOps projects, enabling professionals to perform all the tasks in a project. GitLab offers an area for online code stockpiling and capacities for issue tracking and CI/CD. The vault empowers facilitating diverse improvement chains and forms and helps teams reduce product life cycles and increase productivity, which in turn creates value for customers.
GitLab is free for people’s use, however, to get more functionalities, clients can switch to the paid version of GitLab, beginning at $4 per client, each month.
Key Features of GitLab
Let’s now look at some of the key features of GitLab
• GitLab is extremely simple to set up and comes with an easy-to-understand UI and tools.
• It permits a limitless number of free private repositories and is packed with an in-built registry, which can be deployed instantly without any configurations.
• GitLab organizes all collaborative workflows, regardless of whether a group utilizes Waterfall, Agile, or Conversational Development.
• GitLab monitors the advancement and activity across projects and performance metrics for the deployed apps can be received through Prometheus.
• GitLab spots mistakes quicker and abbreviates feedback cycles with Gitlab’s built-in code review, code testing, code quality, and audit applications.
What is GitHub?
Geeks rave about GitHub all the time, still many don’t understand what GitHub is. Well, GitHub is a site and web-based interface that assists professionals to store and manage their code, as well as tracking and controlling changes to their code. GitHub permits different engineers to work on a single project simultaneously, thereby, the danger of duplicative or clashing work is reduced, and production time is also decreased significantly. Also, anybody can join and host a public code repository free of charge, which makes GitHub particularly well-known for open-source projects.
The interface of GitHub is very user-friendly, making it easy for amateur coders to take advantage of Git. Without GitHub, using Git generally requires users to be a bit more technical savvy and it involves usage of familiarity with command line tools to operate it. Also, anybody can join and host a public code repository free of charge, which makes GitHub particularly well-known for open-source projects. GitHub has a sponsorship program enabling funders to discover open-source projects that they are enthusiastic about and can contribute to the individual or association behind it.
Key Features of GitHub
Let’s now look at some of the key features of GitHub
• What is GitHub used for? GitHub is where project managers and developers meet up to organize, track, and update their work so that tasks are transparent in nature and right on time.
• GitHub keeps your public and hidden code accessible, secure, and backed up. If you are storing your code on disk it will take less than a moment to push code up.zIt takes less than a moment to push code up to GitHub and begin teaming up with others.
• Individuals and organization members alike benefit from GitHub’s huge network of creators. GitHub creators borrow inspiration and ideas from one another and help each other stay on the same page.
• GitHub uses dedicated tools to identify and analyze vulnerabilities in the code that other tools tend to miss. Development teams everywhere work together to secure the software supply chain, from start to finish.
• GitHub utilizes devoted instruments to distinguish and analyse weaknesses in the code that different devices will in general miss. Development teams in all places cooperate to secure the software supply chain, from start to finish.
• All the code and documentation are in one spot. There are a huge number of stores on GitHub, and every storehouse has its own devices to assist you with hosting and releasing code.
Differences between GitLab and GitHub
COMPARISON PARAMETERGitHubGitLab
Developed byThe GitHub service was developed by Chris Wanstrath, P. J. Hyett, Tom Preston-Werner and Scott Chacon using Ruby on Rails in February 2008.GitLab was created by Ukrainian developers Dmitriy Zaporozhets and Valery Sizov.
DesignGitLab is designed with a Web IDE.On May 6 2020, GitHub announced its brand new built-in IDE (also known as Codespaces). It’s powered by Visual Studio technology.
Open SourceGitHub is free and accessible to all with publicly shared codes.GitLab only permits its team of web developers to collaborate on codes.
Integration and DeliveryGitHub does not come with built-in continuous integration. It is dependent on third-party technologies to accomplish this.CI and CD testing automation solutions are some of the most useful free features that GitLab offers.
Inner SourceGitHub doesn’t allow the process of implementing open-source culture within an organization.GitLab’s internal projects permit you to facilitate the inner sourcing of your repositories.
AuthenticationConfirming who can and can’t utilize the repository can be set by their job.At GitLab, a developer has the authority to decide whether someone should access a repository.
Repository AccessWith Github, you can basically decide who gets read or write access to your repositories.GitLab enables you to modify people’s access to repositories based on their role in the company.
DeploymentGitHub does not come with a deployment framework. Third-party platforms such as Heroku are used by GitHub to deploy applications.Offers a more streamlined solution with a built-in dedicated service. Kubernetes is used to provide a unified deployment experience in a single app.
MilestoneLacks the function of milestones.With the help of milestones, keep track of problems and merge requests that have been generated to accomplish a larger target in a certain amount of time.
Track CommentsGitHub provides complete support of the history of comment updates. You can view, edit a comment history and delete sensitive details from a comment’s edit history.GitLab doesn’t support this feature.
CommunityHighly popular and has developers all over the world.Huge community and gathers contributors by hosting events.
PricingOn the high end, Github costs $21.00 per user.Gitlab asks for $99.00.
Conclusion
If you are finding it difficult to figure out which one is the right pick for you, let me give you my perspective and advise you in which instances you ought to go with GitHub and when you should adhere to GitLab.
So first, why GitLab?
If you are looking for something flexible, which can handle your entire SDLC, and is also cost-less, GitLab will be the pick for you.
GitLab is defined by its top-notch features — issue tracker, built-in CI/CD, deployment, and monitoring. All of these features enable you to go from development to cloud without having to use other 3rd party tools. Everything is in one place and is great for personal use.
Coming to GitHub, what makes it unique? What is GitHub used for?
GitHub is an incredible platform for amateurs, particularly in case you are searching for an intuitive platform to host your ventures. Github is also the first choice of larger teams that depend on crystal-clear team communication. That’s because Github delivers fantastic collaboration tools in order to make your team communication efficient so that you guys can develop faster and produce quality code.
Yet, when it comes down to a full DevOps lifecycle, GitLab still tops the rankings with its high-end built-in CI/CD framework and monitoring features.
Frequently Asked Questions
Q.1: Is GitHub or GitLab better?
Ans: In case you are working on a bigger task as a team with various developers, then, at that point, GitHub can be the better decision. Having said that, if the project requires continuous integration, GitLab can be inclined.
Q.2: Is GitLab more expensive than GitHub?
Ans: GitLab’s Premium plan starts at $19 per user/month. It gives managers access to project management and code integrity controls. The GitHub Team plan starts at $4 per user/month. GitLab Ultimate will set you back $99 per user/month versus $21 per user/month for GitHub Enterprise.
Q.3: Do companies use GitLab?
Ans: 2748 companies reportedly use GitLab in their tech stacks, including Bitpanda, KAVAK, and GO-JEK.
4. Can I use GitLab for free?
Ans: If you have a knack for using GitLab, we recommend you download and install GitLab Enterprise Edition. The Enterprise Edition is available for free and is packed with all of the features available in the Community Edition, without the need to register or obtain a license.
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Page:Popular Science Monthly Volume 71.djvu/367
Rh the living cell itself, and that alteration I interpret, as I shall explain more accurately later, as the cause of senescence, as the fundamental cause of old age. This slide also shows to us the early development of the cells through those phases which result in the multiplication of them. The nucleus changes in appearance and becomes a very different-looking structure. These changes I need not now go through again. Suffice it to say that after the complicated alterations have completed their cycle, we get in the place of a single cell, two, and
each has its own nucleus, and each its own protoplasm. Notice here that the two cells which finally result are smaller than the original cells from which they sprang. These are by no means imaginary pictures, but accurate microscopic drawings from real cells of the salamander skin. The two cells which are thus produced from one parent cell are characterized by their smaller size, and this smaller size applies not only to the cell as a whole, but likewise to its nucleus. After having been thus reduced in size, the nuclei and the cells will both expand, and soon the daughter cells will return to the mother dimension and be as large as the parent cell from the division of which | WIKI |
Red-hot Twins roll past White Sox
Ehire Adrianza went 3-for-4 with a homer and four RBIs, C.J. Cron also drove in four runs and Kyle Gibson allowed one run on five hits over seven innings to help lead the Minnesota Twins to their fifth straight victory 8-1 over the Chicago White Sox on Saturday afternoon in Minneapolis. Cron finished 2-for-4 with a walk and two runs scored. Jonathan Schoop and Eddie Rosario each scored two runs and Jorge Polanco also had two hits for Minnesota, which matched its longest winning streak of the season. The Twins, who on Friday night became just the second team in major league history to top the century mark in home runs after 50 games, have now hit 102 homers. Gibson (5-2) won for the fifth time in his last seven starts, walking one and striking out nine to improve to 8-4 in 15 career starts against the White Sox. Jose Abreu homered and doubled for Chicago which lost for the fifth time in seven games. Manny Banuelos (2-4), making his first start since going on the injury list with a left shoulder strain, took the loss for the White Sox, allowing five runs on five hits and three walks, all of which scored. He struck out four. The Twins took a 2-0 lead in the first when Banuelos issued back-to-back two-out walks to Schoop and Rosario and Cron followed with a towering fly to right that Charles Tilson misjudged and allowed to drop for what was ruled a double. Abreu led off the fourth with his 13th homer of the season, a 421-foot drive into the second deck above the bullpens in left-center, to cut it to 2-1. But the Twins answered with three runs in the bottom half of the inning, highlighted by a two-run single by Cron, driving in Schoop who had walked and Rosario who had a bloop double down the right field line. Adrianza later drove in Cron with a single. Adrianza made it 8-1 in the eighth with his fourth homer of the season, a three-run drive to right off reliever Kelvin Herrera. Minnesota has won 10 of its last 11 games and improved to 18-6 in May. —Field Level Media | NEWS-MULTISOURCE |
16-Bit Windows Applications Backwards Compatibility: IBM OS/2 Warp Better Than Microsoft Windows NT 3.5. Windows NT 3.5 Uses Emulation to Run 16-bit Windows Applications OS/2 Warp has superior backward compatibility with 16-bit Windows applications when compared to Windows NT 3.5. The reason is that OS/2 Warp uses modified Microsoft Windows 3.1 code, which Microsoft licensed to IBM as part of the 'divorce settlement' between the two companies, to run 16-bit Windows application programs. On the other hand, Windows NT 3.5 uses the Softwindows and SoftPC emulation technologies from Insignia Solutions to run 16-bit Windows application programs. This information has been excerpted from the article "You Mean NT Can't Really Run Windows" in the May 15, 1994 issue of Datamation, pages 67-68. It was also part of the March 1994 Microsoft DevCast videoteleconference for developers. The Datamation article notes the following detail information about the Insignia Solutions' SoftPC and Softwindows technologies that Microsoft licensed for Windows NT in a sidebar: ' When NT is running on RISC machines using Alpha, Mips, or SPARC chips, for example, Insignia code emulates both the Intel x86 chip and MS-DOS operating system, as well as all of the hardware and drivers that Windows and DOS expect to call upon.' ' On Intel-based PCs, there's no need to use Insignia to emulate the x86 chip, of course. But Insignia still provides all of the Windows 3.1 and DOS drivers for the system hardware that make sure the 16-bit DOS and Windows applcations are isolated from direct contact with NT's protected Hardware Access Layer (HAL) or the hardware itself.' Further on, the Datamation article provides more insights into the development work done so that 16-bit Windows programs can run under Windows NT 3.5: 'Although Insignia's products play a crucial role in letting NT run 16-bit Windows 3.1 apps, Microsoft's own developers worked long and hard on the bulk of the 16-bit Windows emulation code. And they've kept on working long and hard of late to increase the speed at which the next version of NT (note: Windows NT 3.5) can run 16-bit Windows apps -- still, however, using Insignia's technologies. Microsoft developed a concept called "Win16 on Win32 (WOW) to enable 16-bit Windows apps to run under NT, even emulating a few Windows 3.1 coding errors in the WOW layer so that all of the applications written to expect those errors would be able to run.' The Datamation article notes that Insignia Solutions' technologies are also used by other operating systems: 'Insignia Solutions' SoftPC and Softwindows emulation products are generally used to run DOS and Windows 3.1 applications on RISC-based Unix workstations and Mac PowerPCs. Insignia also sells a version of Softwindows for the Nextstep for Intel operating system.' On the other hand, the Datamation article includes the following information about OS/2's support of 16-bit Windows 3.x applications: ' Incidentally, it's been more than two years since five or six young programmers at IBM's Boca Raton labs figured out a way to run 16-bit Windows 3.x apps on IBM's then-new 32-bit OS/2 2.x OS in native mode. And they pulled it off in less than three months.' ----- Note: Most Windows NT users and enthusiasts will not say that Windows NT 3.5 uses emulation to run 16-bit Windows application programs. A few Windows NT 3.5 users and enthusiasts do refer to the 'Windows Emulator' in Windows NT 3.5. However, even these individuals do not mention the use of Insignia Solutions' SoftPC and SoftWindows technologies in the Windows NT WOW subsystem. Some Windows NT users and enthusiasts have labeled the Datamation article 'sensationalism'. On the other hand, users and enthusiasts of OS/2 and other competitive operating systems may consider the Datamation article to be 'an example of good investigative reporting'. | ESSENTIALAI-STEM |
FANDOM
The Jaguar is a large carnivore that is featured in Age of Empires II: The Conquerors and Age of Empires III.
Age of Empires II Edit
Jaguars are large cat-like predators, and are found in tropical maps set in the Americas, like Cenotes and Yucatán. Like the Wolf, it has 25 HP, 3 attack, and holds no food, but attacks Villagers (and even some other units) on sight.
A single Jaguar can kill a Villager if it lands the first hit, but will die to anything stronger, even a Villager with the Loom upgrade.
Jaguars have a prominent role in the Montezuma campaign, owing to their sacred status in Aztec culture:
• In the first scenario, a group of Jaguars will descend into the player's base after an Aztec Villager claims to have heard Jaguars roaring. In addition, many Jaguars guard the last Monastery that must be captured by the Player, crossing a river on the western extreme of the map.
• In the second scenario, a strong Jaguar guards the hidden Monastery along with the Son of Ornlu.
• In the fourth scenario, the player can choose to release some captive Jaguars from their pen so they kill a lone Tlaxcala priest, instead of attacking the priest with Aztec warriors. There is also an island in the Texcoco Lake that is rich in gold but also has several Jaguars. The island reappears in the sixth scenario with no Jaguars on it.
Age of Empires III Edit
Jaguars are large cats that inhabit tropical maps like Yucatán, and are found guarding Treasures.
History Edit
"Scientific Name: Panthera onca
Approx. Size: Up to 7 ft. long, 200 lb.
Diet: Deer, cattle, peccary, capybara, monkeys, fish
Jaguars are often confused with leopards, another tawny, spotted cat. A distinguishing feature of the jaguar is that their spots have small black dots or irregular shapes within the rosette patterns. Jaguars are also stockier and have larger heads than leopards. Both jaguars and leopards have melanistic, or black, variants. Without spots, black jaguars can be differentiated from black leopards primarily by their stocky build. Both big cats, whether jaguars or leopards, black or spotted, are commonly, if mistakenly, called panthers.
Historically, jaguars ranged from the southern parts of North America down to the southern most tip of South America, but their ranges now are in central and northern South America. Jaguars enjoy a rare, unchallenged perch at the top of the wild food chain. In their South American habitat, they have no predators and few real competitors, apart from humans.
"
Janey the Pet Jaguar Edit
Pet Jaguars (known as Janey the Pet Jaguar) are available to all civilizations from Treasures, and have a bonus attack against Treasure Guardians (but like all Pets, they do almost no damage to villagers).
The Aztecs can both send Pet Jaguars from the Home City, and train them from their War Chief (provided that the card "High Priest of Ixtlilton" has been sent). The Home City Card "Great Temple of Tezcatlipoca" makes Pet Jaguars better in combat, giving them +35% hit points and +35% damage.
Trivia Edit
• The word Jaguar passed into English from Portuguese and derives ultimately from the Old Tupi-Guarani word Yaguára, which means "carnivorous mammal". Similar words (Aguará, Guará, etc) are used for foxes and dogs in modern Guarani languages.
• The Nahuatl (Aztec) word for Jaguar is Ocelotl. This originated the English name of their smaller cousin, the Ocelot (Leopardus pardalis).
• The Conquistadors called Jaguars "Tigers" and used war dogs to keep them out of their camps and livestock. Similarly, they called Cougars "Lions".
• In contrast to their depiction in Age of Empires II, real jaguars are unique among roaring cats (like lions, tigers, and leopards) for not attacking humans unless provoked, and don't seem to consider us prey.
• Jaguars are the only roaring cat native to the Americas. Every other American cat is more related to the house cat than to the Jaguar, including the Cougar.
• The Jaguar has the strongest proportional bite of all living cats and kills by crushing its prey's skull, instead of biting the nape or windpipe.
Community content is available under CC-BY-SA unless otherwise noted. | ESSENTIALAI-STEM |
Phenyltropane
Phenyltropanes (PTs) were originally developed to reduce cocaine addiction and dependency. In general these compounds act as inhibitors of the plasmalemmal monoamine reuptake transporters. This research has spanned beyond the last couple decades, and has picked up its pace in recent times, creating numerous phenyltropanes as research into cocaine analogues garners interest to treat addiction.
Addiction
The phenyltropane compounds were initially discovered by R. Clarke et al. during research to try and dissociate the stimulant properties of cocaine from its abuse and dependence liability. The first simple phenyltropanes to be made (WIN 35065-2 and WIN 34,428) were shown to be active in behavioral assays only for the ββ-isomers. The activity of the corresponding αβ-isomers was disappointing.
It was later shown that WIN 35065-2 and WIN 34,428 are mostly dopamine selective reuptake inhibitors with some residual actions at the norepinephrine transporter (NET) and serotonin transporter (SERT). The neurotransmitter dopamine is a key candidate for explanation of reinforcing actions drugs. It's unclear to which extent NET is involved in the reinforcing actions of cocaine (an SNDRI). Animal studies show evidence that inhibiting the SERT might reduce cocaine intake.
Animal studies on monkeys and rats have tried to assess the self-administration propensity of phenyltropane analogs alongside cocaine. Frequently the analogs are administered prior to the start of a session to see if they can suppress cocaine lever responding. Most of the analogs behave in ways that might be considered typical for a DRI. In particular, they tend to stimulate locomotor activity, and cause nonselective reductions in cocaine intake relative to food. At the dose that can reduce cocaine intake, most of the analogs require a high DAT occupancy. This would mean that the agonists would need to be behaviorally active at the dose that can bring about reductions in cocaine craving. Most of the analogs will readily substitute for cocaine, although most do not elicit as many lever responses per session because of pharmacokinetic factors. Since these agonists function as reinforcers, there is an obvious concern surrounding their abuse liability.
Nevertheless, a slow onset, long-duration agonist seems like a reasonable approach. Phenyltropanes are widely used in animal studies of drug addiction as they share the stimulant properties and reinforcing effects of cocaine, but with higher potency, less non-specific binding which avoids the cardiotoxicity associated with cocaine.
RTI-336 is an interesting example of a phenyltropane that is being explored in the context of a treatment for cocaine addiction. RTI-336 is a DRI and thus specifically targets the DAT which is responsible for the addictive properties of cocaine. Although there may be a role for NET inhibition and acetylcholinergic actions, clearly it is DA which is the critical neurotransmitter. Dopamine is a biological precursor to noradrenaline. DA is made from tyrosine, which is a non-essential amino acid given that it can be made from phenylalanine.
The more greatly attested habit creating methamphetamine is more serotonergic than the lesser reinforcing amphetamine. Most modern research suggests that 5-HT is negatively correlated with the addiction forming potential of psychostimulants, this is not saying that SRI properties cannot be considered beneficial. In fact, the above was proven by Rothman for releasing agents under the PAL-287 program of related molecules. What was somewhat interesting is that although the reason for the lack of reinforcement of RTI-112 is now well established, closely related RTI-111 was able to behave in ways that might be typical for a nonselective SNDRI such as cocaine. The role of the NET is not completely deleterious. In a recent paper by Rothman on transporter substrates, he establishes that for releasers that are amphetamine-like, discrimination stimulus is more accurately dictated by NE release than DA release. This argument does not mitigate a case against the importance of DA, but is suggestive that catecholamine in general is important. the exact ratio being 50:50 in the case of methylphenidate.
Desipramine and atomoxetine are not reliably self-administered though, whereas most selective DRIs are. SSRIs are not self-administered either. Hence, it should be borne in mind that these neurotransmitters are unlikely to be involved in the addiction forming properties of cocaine and related stimulants. Nevertheless, they are still behaviorally active and will contribute to the effects that such drugs elicit in their users.
Promiscuity among transporters is worth bearing in mind. Monoamine transporters can transport neurotransmitters other than their "native" neurotransmitter. As an example, in the prefrontal cortex where DATs are lower in number, DA is transported mostly by the NET instead. Hence, selective NRIs such as atomoxetine are able to increase the concentration of supracellular (synaptic) DA in this brain region via NET blockade.
Weeding out SERT and NET affinity is desirable in the context that these molecular targets are less relevant to the goals of the treatment program, which is to reduce cocaine intake. It can be clearly seen that RTI-336 has fewer metabolically labile sites than cocaine, and therefore has a longer duration span.
Binding ligands
These compounds are primarily used in scientific research, as their high binding affinity for monoamine transporters, and the wide range of radiolabelled phenyltropane compounds available with different binding specificities makes them very useful for mapping the distribution of the various monoamine transporters in the brain.
Other uses
Some phenyltropane derivatives have also been researched for medical use in the treatment of conditions such as Parkinson's disease and Alzheimer's disease, depression, and their strong appetite suppressant effects makes them promising candidates for facilitating weight loss in the treatment of obesity.
Transporter selectivity
Compounds are known with a pronounced selectivity for each MAT – dopamine, noradrenaline and the serotonin transporter.
Phenyltropane-based "SNDRI's" are another possibility.
Isomers study
All of the tables and graphs shown beneath is from an article published by FIC, et al. 2004. In summary the following observations can be made: Troparil, WIN35428 and RTI-32 are insufficiently potent. This observation is mainly based on the fact that at 100 mg/kg both troparil and WIN35428 produce convulsions. The twist-boat isomers are insufficiently potent in all cases. The trans isomers (alpha,beta) are too weak and might actually be dangerous and cause death. RTI-55, while highly potent, still causes death at a dose of 100 mg/kg. It is advised to consider RTI-229. RTI-31 is the most potent isomers for the DAT and was "safe" (on a relative scale) even in the event of overdose at 100 mg/kg. RTI-51 also looks like a "good" compound, although its synthesis is slightly more difficult than for RTI-31. RTI-51 is less selective for the DAT than RTI-31 and has appreciable SERT affinity also.
LMA, D.D. and G.B.
See also:
Related compounds
Closely related compounds have a varied aryl fragment, like naphthyl, or a varied tropane fragment like with exchanged heteroatom, trop-2-enes, quinuclidines, piperidines. | WIKI |
Freezing is amidst the oldest and most generally used approaches of food preservation which allows the retention of taste, texture, and nutritional value in foods better than in every other method. The freezing process is an amalgamation of the favorable effects of low temperatures at which microorganisms cannot grow, chemical reactions are reduced, and cellular metabolic reactions are delayed.
People have been freezing foods as a means of preservation from as early as 1000 B.C, when they stored food in ice cellars. Freezing food using mechanical refrigeration began 124 years ago, becoming commercial on a small scale in 1890. Prior to 1920, meat and some fruit, primarily strawberries were the main frozen foods.
Products other than fruits were frozen in one of two ways. In ‘ordinary freezing’, the food was frozen in large rooms with ceiling-hung ammonia pipe coils that used gravity air circulation. In ‘sharp freezing’, food was frozen in small freezer rooms specifically designed for freezing food that had wall- and ceiling-hung pipe coils. Most of these rooms were -15oC (5oF) or above, although in some situations the temperatures would go as low as -18oC (0OF). In Europe, -10oC(14oF) was deemed satisfactory as a distribution temperature and suitable for storage for frozen meat.
Strawberries were frozen using ‘cold packing’ where the berries were put in paraffin-lined barrels, placed in cold storage rooms at -10oC and rolled in periodically to mix the berries with sugar. Scientific work between 1907 and 1916 demonstrated that quick-freezing food would provide a major quality advance and eliminate the disadvantages of slow freezing, namely the loss of taste and juice leakage when the product was thawed. Developing the methodology and equipment to achieve quick-freezing economically and on a repeatable basis was the challenge. By the early 1920s scientists were trying several methods of quick freezing. They used calcium chloride brine, usually at -42oC.
In 1924, Clarence Birdseye invented the quick-freeze method which facilitates for the production of the frozen foods we know of today. While he was working in Labrador, an eastern province in Canada, Birdseye often froze his catch a day after as he was taught by Inuit. He noticed that the fish was not mushy and tasted really good after being thawed. One day he froze the fish immediately after removing it from the water. He was ecstatic to discover that the fish was just as delicious when it was thawed several months later. From this, he theorized that food must be frozen quickly in order for it to retain its texture and taste.
Birdseye was correct. Before quick-freezing, foods were frozen at a fairly slow rate which caused large ice crystals to develop. This formation ruptured the cell membranes of the food hence when the food was defrosted, the ice crystals melted and the water would leak out causing the taste and the texture of the food to go with it. It was not until 1927 that Birdseye applied to patent a multi plate freezing machine. According to the Handbook of Frozen Foods, he would place food in between two metallic plates that were chilled at low temperatures against a low convection tunnel in order to flash-freeze the product.
Two methods of quick-freezing food were therefore developed. In the first technique, the food was held between two metal belts that were chilled at -40oF and -45oF using a calcium chloride solution. In the second technique which is the more popular one, food was held between two hollow metal plates that were chilled by the evaporation of ammonia to -25oF. However, before freezing the food, packaging was required beforehand.
In 1930, the first line of frozen food went into the public through Birds Eye Frosted Food Company. Birdseye’s company quickly ran out of money but he then relocated to Gloucester, Massachusetts, a center of the fishing industry at the time and established a new company known as General Seafoods. He developed equipment and packaging and invented his freezing process. The Birdseye Frosted Food Company is currently identified as Pinnacle Foods Inc.
Frozen food still took time to gain its popularity among the people. A Large number of Americans tasted their first frozen food in the 1940s during World War II, when a shortage of tin caused a scarcity of canned food. Along with the growth of supermarkets and advancements in refrigeration and freezing, frozen foods had become a staple in the American diet by the 1950s. Today, the frozen food industry is valued at quarter trillion USD globally.
For those of you who prefer visual content you can look at this video of frozen food history. | FINEWEB-EDU |
Sinclair House
Sinclair House may refer to:
* Upton Sinclair House, Monrovia, California, listed on the National Register of Historic Places (NRHP)
* Reginald Sinclaire House, Larkspur, Colorado, NRHP-listed
* Dr. Archibald Neil Sinclair House, Honolulu, Hawaii, NRHP-listed
* T. M. Sinclair Mansion, Cedar Rapids, Iowa, NRHP-listed
* Harry F. Sinclair House, New York, New York, NRHP-listed
* Sinclair House (Manhattan hotel) (c.1787-1908), New York, New York | WIKI |
User:Rkrish67/Books/E-accounting
E-accounting
* Introduction
* Accounting
* E-accounting
* Accounting information system
* Accounting software
* Accounting records
* Outline of production
* Trial balance
* General ledger
* Bookkeeping
* Financial accountancy
* Chart of accounts
* Accounts receivable
* Book value
* Revenue recognition
* Database design for accounting
* Database
* Database design
* Logical data model
* SQL
* Data warehouse | WIKI |
Ulva
Ulva (Ulbha) is a small island in the Inner Hebrides of Scotland, off the west coast of Mull. It is separated from Mull by a narrow strait, and connected to the neighbouring island of Gometra by a bridge. Much of the island is formed from Cenozoic basalt rocks, which are formed into columns in places.
Ulva has been populated since the Mesolithic period, and there are various Neolithic remains on the island. The Norse occupation of the island in the Early Middle Ages has left few tangible artefacts but did bequeath the island its name, which is probably from Ulvoy, meaning "wolf island". Celtic culture was a major influence during both Pictish and Dalriadan times as well as the post-Norse period when the islands became part of modern Scotland. This long period, when Gaelic became the dominant language, was ended by the 19th-century Clearances. At its height, Ulva had a population of over 800, but by May 2019, this had declined to 5; some increase in the number of residents was expected in future, with the re-population plan that was to commence in 2020.
Numerous well-known individuals have connections with the island including David Livingstone, Samuel Johnson and Walter Scott, who drew inspiration from Ulva for his 1815 poem, The Lord of the Isles. Wildlife is abundant: cetaceans are regularly seen in the surrounding waters and over 500 species of plant have been recorded. Today there is a regular ferry service and tourism is the mainstay of the economy. In March 2018 the Scottish Land Fund pledged £4.4 million towards a community buyout of the island, and the North West Mull Community Woodland Company took ownership of the island on 21 June 2018.
Geography
Ulva is roughly oval in shape with an indented coastline. It is aligned east-west, being 12 km long, and 4 km wide. Viewed on a small scale, Ulva and its neighbouring island Gometra appear to be a peninsula of the Isle of Mull, as they are separated from one another by narrow straits. Caolas Ulbha (the Sound of Ulva) at the east of the island is a narrow channel a few hundred metres across to Ulva Ferry on Mull. To its west, it is separated from Gometra by Gometra Harbour. To the south are Mull's headlands of Ardmeanach and the Ross of Mull. To the north, Loch Tuath (Loch-a-Tuath) separates it from another headland of Mull, and to the south east is Loch na Keal (Loch nan Ceall), and the island of Eorsa. There are two main bays on the south coast, Port a' Bhàta, and Tràigh Bhàn. On the north coast, there is the horseshoe bay of Lòn Bhearnuis (Bearnus lagoon), Soriby Bay and a few minor inlets.
The highest point of Ulva is Beinn Chreagach ("rocky mountain"), which reaches 313 m. It has a neighbour in Beinn Eoligarry the summit of which is 306 m above sea level. The island has a central ridge, with the highest ground running along its lateral axis - this ridge is somewhat broken by Gleann Glas and some other valleys. The south east peninsula tends to be lower lying, with a small plain along the south coast, consisting of raised beaches.
Parish and region
Ulva was part of Argyll pre-1974, and Strathclyde Region after that. It is now part of Argyll and Bute.
The island, previously a quoad sacra parish with its own church, is in the civil parish of Kilninian and Kilmore (Cill Ninein, Chille Mhór), which also includes Gometra, Staffa, Little Colonsay and the north-west part of Mull. The minister traditionally preached in Kilninian and Kilmore on alternate Sundays. For more details, see the church section.
Surrounding islands
Gometra is a tidal island and connected to Ulva by a bridge. Little Colonsay and Inchkenneth (with Samalan Island) are to Ulva's south west and south east respectively. Further to the west are the Treshnish Isles, including the distinctive Bac Mòr, and beyond them, the larger islands of Coll and Tiree, with Gunna between them. To the south west are the islands of Staffa, of Fingal's Cave fame and Erisgeir. Much further to the south west is the island of Iona.
There are a number of smaller islets and rocks off Ulva. To the south and the east are Eilean na Creiche (listed as "Eilean na Craoibhe", on the island's guide's map.) between Little Colonsay and Ulva. Off Port a' Bhàta are Geasgill Beag & Geasgill Mòr, between Ulva and Inchkenneth. To the south west is Sgeir na Sgeireadh, and Màisgeir due south of Gometra. These islands, along with Ulva itself, form part of the Loch na Keal National Scenic Area, one of the forty national scenic areas in Scotland, which are defined so as to identify areas of exceptional scenery and to ensure its protection from inappropriate development.
Geology
Ulva's interior is moorland, while the spectacular geological formations of the south coast, have been somewhat overshadowed by those of its neighbour Staffa. Nonetheless, they are still renowned in their own right. Around 60 million years ago, the region was volcanically active, with Ben More on Mull being the remnant of a volcano, and it was in this period that the famous rock formations of Staffa and the basaltic columns of "The Castles" on Ulva came into being. The lava flows are known as the "Staffa Magma Type member" and can also be seen on Mull at Carsaig, Ardtum, and near Tobermory on its east coast. They are particularly rich in silica. These were formed when the cooling surface of the mass of hot lava cracked in a hexagonal pattern in a similar way to drying mud cracking as it shrinks, and these cracks gradually extended down into the mass of lava as it cooled and shrank to form the columns which were subsequently exposed by erosion.
Much more recently, Ulva was subjected to glaciation, which dug out the fjords/sea lochs on its north and south east sides – Loch Tuath (meaning simply "north loch") and Loch na Keal, as well as softening some of its sharper edges.
The Hebridean coastline has been subject to significant post-glacial changes in sea level and the area is rising up at about 2 mm per annum as isostatic equilibrium is regained. The relative drop in sea-level has left the highest raised sea cave in the British Isles on Ulva at A' Chrannag. At some point, Ulva was probably a west pointing headland of Mull, connected to Gometra and Eilean Dioghlum off the latter's west coast.
Etymology
The derivation of "Ulva" is not certain, but is probably from the Old Norse for "wolf isle". Samuel Johnson deduced that it was probably not Gaelic in origin:
"[sic] The name is supposed to be a depravation of some other; for the Earse language does not afford it any etymology."
The English name "Ulva" is from the Scottish Gaelic, Ulbha, but this may have been corruption of Old Norse. It is debatable whether the Norse root Ulfr refers to an individual's name, or to the animal itself (possibly because of the shape of the island). The island's official website and guide book claims - "A scout, sent ashore from the longboat is alleged to have reported, 'Ullamhdha', Viking for 'Nobody home'." However ullamhdha is not Norse, but appears to be the Scottish Gaelic for "ready for it". Munro and MacQuarrie (1996) state that the scout said "ullamh dha" in Gaelic, meaning the island "was ready for occupation".
The Old Statistical Account of Scotland mentions an alternative folk etymology, namely that Ulva comes from ullamh-àth meaning 'ready ford' in Gaelic, that could refer either to the tidal stretch with Gometra, or the Sound of Ulva over which cattle were sometimes swum.
Prehistory
Ulva's human history goes back thousands of years. Its standing stones have been dated to 1500 BC, and a shell midden in Livingstones Cave dates to c. 5650 BC; it includes remains of flint and a human infant, as well as fauna more appropriate to the Ice Age, such as lemming and Arctic fox (Alopex lagopus). The cave has been excavated since 1987 by archaeologists from the University of Edinburgh.
There are a number of dolmens and standing stones on the island, including some west of Cragaig, and one north east of Ormaig, as well as dùns such as Dùn Bhioramuill on the south east slope of A' Chrannag near Cùl a' Gheata above the cliffs, and Dùn Iosagain on the south west slope of Beinn Eolasary.
Dál Riata
Ulva was anciently part of the border zone of the kingdom of Dál Riata, and during this period the old Gaelic language first came to be spoken here. Presumably the area formed part of the Pictish lands, but they left little evidence behind. This region was amongst the first in northern Scotland to become Christianised. This is commemorated in some of the local place names which contain the word "Cill" or "Ceall", which is frequently anglicised as "Kil-" e.g. "Loch na Keal" is Loch nan Ceall, meaning "loch of the culdee cells", and Cille Mhic Eoghainn, which means literally "Monk's cell of the son of Ewan/MacEwan", or less literally "MacEwan's Church".
The Senchus fer n-Alban lists three main kin groups in Dál Riata in Scotland, with a fourth being added later. The Cenél Loairn controlled parts of northern Argyll around the Firth of Lorne, most probably centred on Lorne but perhaps including the Isle of Mull, Morvern and Ardnamurchan, supposedly the descendants of Loarn mac Eirc. The chief place of the kingdom appears to have been at Dun Ollaigh, near Oban. The chief religious site may have been on Lismore, later the seat of the High Medieval bishop of Argyll.
Saint Columba (Colm Cille) visited Ulva in 563.
Norse period and Middle Ages
Ulva later became part of the Norse Kingdom of the Isles. Rubha nan Gall ("point of the foreigners"), on the north coast of the island, may refer to the Norse.
Gometra and Inchkenneth nearby both have connections to Iona so it is not likely that Ulva had as well. Ulva came under the Diocese of Sodor and Man, and then the Diocese of Argyll.
Ulva came into the possession of the Clan MacQuarrie (an anglicised version of the surname MacGuaire ) family over a thousand years ago, and they controlled it until the mid-19th century. The name MacGuaire is also anglicised as McGuire in Ireland. The English version has many variants, for examples, a 16th-century clan chief was Donn-slèibhe MacGuaire, possibly the ancestor of the Livingstone (MacDhùn-lèibhe) family. MacKenzie mentions that his name was anglicised in the following widely differing versions - "Dunslavie McVoirich" (either MacMhuirich (which becomes Currie or MacPherson) or MacMhurchaidh), "Dulleis MacKwiddy", "Dwnsleif MacKcurra" and "Dwnsleyf MaKwra". "Dunslav" was recorded as a forename in Ulva in 1693 as well.
The Ulva Brooch was found in a pool of water in a cave in 1998. Its exact date of origin is unknown, but it is reckoned to be 16th or 17th century. The original is now in a museum in Dunoon, and a replica can be seen in Sheila's Cottage on the island. It is an engraved woman's brooch, for keeping a shawl tied together, and is believed to have been left in the cave after someone sheltered there.
18th century
In 1722, the inhabitants of Ulva were sent to a court in Inveraray, because they had taken oil from a stranded whale.
During the second Jacobite uprising, Clan MacQuarrie fought at Culloden on Charles Edward Stuart's side.
The Rev. John Walker lamented the lack of commercial fishing, which he thought could provide the islanders with an additional income and food source. He noted the presence of herring, cod, and ling in the surrounding waters, but said, that there was
"[N]o net or Long Line on the island to catch them [fish] and none of the inhabitants were acquainted with any kind of fishing, but with the Rod from Sea Rocks'."
Lachlan Macquarie
Lachlan Macquarie was born on Ulva 31 January 1762. He is sometimes referred to as "Father of Australia". He left when he was 14, and was Governor of New South Wales from 1809–21, the longest tenure of any Australian governor. However, after his long sojourns in India, Australia and elsewhere, Lachlan Macquarie returned to his home turf. His mausoleum may still be seen at Gruline on Loch na Keal, on the Isle of Mull, within sight of his home island. The mausoleum is possibly the only site in Scotland maintained by the National Trust of Australia.
His father, who had the same name, was a cousin of the sixteenth and last chieftain of the clan. According to local tradition, he was either a miller or a carpenter. There is some argument as to where exactly he was born: Ormaig is generally stated, because he appears to have come from that branch of the clan. It has even been suggested that he was born on the near section of Mull – at either Oskamull or Lagganulva, but local tradition says he was born at Cùl a' Gheata, which is 1/4 mi south of Ulva House. Clan Macquarrie Lachlan MacQuarrie, the last chief to live on the island, claimed that his clan had possessed Ulva since the 9th century; and although the chiefs are not on public record until the mid-15th century, they can produce a pedigree of sorts going back to the 13th. They even claim kinship with Saint Columba. General Lachlan MacQuarrie, the most famous member of the clan, was possibly born at Ormaig on the Mull side after his parents moved there from Ulva. After a military career, he became the first Governor of New South Wales and Australians make pilgrimages to his mausoleum at Gruline on Mull.
The men of Ulva were known in sonorous Gaelic as "the fierce, fearless, great-feated MacQuarries". Their war cry was "The Red Tartan Army" and they took part in many far flung battles – at Inverkeithing, Bannockburn, in the colonies. Graves of MacQuarries at Culloden are on the right hand side where other Mull men rest. They followed the MacLeans who joined Prince Charles under MacLean of Drimnin at Stirling. An Ulva man carried the banner back from Culloden. With it wrapped around his body, he swam home across the sound. David Livingston was a descendant of this warrior.
MacQuarrie needed to sell Ulva in 1777 to pay his debts but many of his clan remained on the island for over a century.
In 1787, Macquarie came back to Mull and Ulva, to try to recruit men for the British army. Few Ulbhachs had any interest, and he deemed them "ungrateful":
"I was equally unsuccessful in the place of my Nativity, and ancient Possessions of my Ancestors, – among my own Clan and Namesakes, the Macquaries of Ulva; where every fair and Lawful Means were used by their old Chief and Master, my Relation the Laird of Macquarie, and myself; but, such is the aversion of these People to become Soldiers or to go abroad, that notwithstanding all the entreaties of their old Chief and Master, not one of his ungrateful Clan, (to whom he had been, in the days of his Prosperity, a most kind and Generous Master,) would enlist or follow me and his own Son Murdoch Macquarie, (a lad about Sixteen years of age) who voluntarily offered to follow my Fortunes, and push his own in India – as a Volunteer. — I was not much surprised, tho' at the same time I confess I was exceedingly displeased, at the ungrateful conduct of these People, who had treated their old chief exactly in the same manner, when he got his Commission in the Army in Decr. 1777 and hoped to get his whole Quota of Men among his own Clan; but in this, he was cruelly disappointed, very few indeed, having followed him to the American War: – it would appear he had lost his Power and influence over them, at the same moment he had lost the Estate of his Ancestors. Finding I had no success in the Recruiting way in Mull I determined upon setting out for the Low Country without loss of time to Recruit there'."Whilst in India, Macquarie sent significant amounts of money back to support kith and kin in Ulva and the Highlands.
19th century
By the early 19th century, potatoes were a major staple of the island, and Ulva exported them.
The main remnants of Clan MacQuarrie's chiefs fell at the battles of Malda and Waterloo. Their mother Marie was given a medal by King George IV with the slogan Màthair nan Gaisgich - "mother of heroes" on it.
Kelp industry
Until the mid-19th century its main industry was kelp collection and export primarily operated by Staffa MacDonald who bought the island in 1785 because of the kelp. At the turn of the 19th century, the kelp industry supported a large amount of the population. It was seasonal work, with collection taking place in the months of May, June and July, when it was considered possible to dry it outdoors. The dried kelp would usually then be burnt, and the ash used to produce various products, including fertiliser (mostly soda ash) and iodine as well as glass and soap. The ruined kiln on the south shore may have been used for this. Between 1817 and 1828, no less than 256 tonnes of kelp were collected in Ulva. Kelpers collected on average, a wage of two shillings a week, and a stone of wheat.
Ulva's Kelp Industry Seaweed plays an important role in the history of Ulva. It was burned to produce kelp, a product in great demand in the early 19th century for making glass and soap. Being a labour-intensive process (it took 20 tons of seaweed to produce 1 ton of kelp) Ulva's population grew to meet the demands of cutting, carrying and burning enough seaweed for an average output of 23 tons of kelp per year. In 1785 Ulva was purchased by a pioneer of the kelp burning industry and his son, Staffa MacDonald was reputed to have "trebled his income and doubled his population by careful attention to his kelp shores".
The Clearances
Francis William Clark, a lawyer from Stirling, bought the island in 1835. According to the Isle of Mull website, Ulva was booming in 1837, with a population of 604 people.
After the Clearances ordered by Clark, two-thirds of the islanders were gone within a few years. Sometimes those who were to be evicted were given no warning, and had the thatch of their houses set on fire by "brutal landowners who replaced them with more economically sound sheep", according to one news report. In 1841, the population of Ulva and Gometra was 859, but by 1848 this had plummeted to 150 thanks to a combination of the Highland potato famine and Clark's mass evictions. In 1849, 360 people lived on Ulva, but that number had dropped to 51 by 1881.
MacKenzie records at Aird Glas, near Ardalum, the now abandoned row of houses was nicknamed "Starvation Terrace":
"...Where the old and feeble folk cleared from their crofts were placed by Clark, to exist as best they could on shellfish & seaweed till they died."
He thinks however, that the plan may not have been to starve them, but to create fishing stations of the type which Walker lamented the lack of. This is certainly what was attempted in Sutherland. Opinions on Clark remain divided. The island's guidebook claims:
"Clark's high hopes for this thriving community were shattered when the kelp market collapsed, and he was left with a great surplus of tenants. His greatest concern would have been for the people and their livelihoods."
One of Clark's neighbours did not think much of his concern, and is reported to have shouted "Francis William Clark, there's a smell of your name all over Scotland".
"In an era in which large-scale evictions were commonplace — those of Torloisg and Glengorm for example — this Francis William Clark gained a notoriety that matched or exceeded that of the [other] evicting landlords of his time. 'Notorious', 'ruthless', 'cruel', 'callous' are some of the epithets attached to his name."
MacKenzie further notes, that unlike in Sutherland, where the Clearances are most remembered, there was no factor or middle man to provide a buffer between the tenants and the landlord, like the notorious Patrick Sellar, and that Clark did a lot of the evicting himself.
In evidence to the Napier Commission, Alexander Fletcher recounted that Clark moved people from one piece of land to a small one, repeatedly "then to nothing at all, and when they would not clear off altogether, some of them had the roofs taken off their huts."
Fletcher also claimed that Clark bullied the sick and the elderly: "In another case, there was a very sick woman... Notwithstanding the critical condition of the woman, he [F. W. Clark] had the roof taken down to a small bit over the woman's bed." Another recorded that a woman fetching water at a well was so terrified of him, that she "ran away, and left her kettle at the well, which Mr Clark took hold of and smashed to pieces."
F. W. Clark was still alive at the time of the reports to the Napier Commission, and never made any attempt to refute these accusations. His son, of the same name, disagreed vocally with his father's behaviour and said, "he would rather have a cailleach (old woman) to light his pipe in every ruined house than all the sheep... of Ulva".
The Clark family continued to own the island until 1945. F. W. Clark also bought, and cleared, the islands of Gometra and Little Colonsay.
Here is a list of some of the cleared townships, and their current state. (Notes: All information from MacKenzie (2000). )
Clark had a memorial built to himself, and his family on top of the Iron Age fort at Dùn Bhioramuill. A huge marble slab to F. W. Clark was "accidentally" lost in the mire, on its way to be placed here. Some say this was deliberate, but according to local folklore, this was due to the "weight of evil on it". The other parts of the memorial may still be seen.
20th century
In The Scottish Field (September 1918), there is a description by Angus Henderson of how the cattle were driven to "mainland" Mull.
"The handsome herds of Ulva were 'floated' across the ferry on their way to the Oban sales... The cattle are driven into the water, and forced to swim to a small island, there, they are allowed to rest for a few minutes and then they are made to complete their swim to Mull. Men in boats guide them to the right landing places."
During the 20th century, the population of Ulva continued to fall. In 1981 it dropped to 13, the lowest point in recorded history until then. By 1991, however, it had risen to 30, mostly due to incomers working on the island. In 2001 the usually resident population was 16 but by 2011 it had decreased again to 11. During the same period Scottish island populations as a whole grew by 4% to 103,702.
The Clarks owned the island for the best part of a century, selling it in 1945 to Edith, Lady Congleton, with her daughter Jean Howard then owning it, and her grandson James Howard as estate manager. Under the Howards, the population fluctuated, rather than falling continuously as it had under the Clarks.
In 1950, Queen Elizabeth and the royal yacht, Britannia visited.
In 2000, D. W. R. MacKenzie wrote As It Was/Sin Mar a Bha: An Ulva Boyhood, which is a combination of autobiography and a potted history of the island. His father was a Church of Scotland minister, who moved there from Rothesay, where he had been in charge of the Gaelic church there. MacKenzie describes his early impressions, as a child, of the island in the 1920s, and how the minister's children slowly began to recognise the landscape of eviction:
"We saw ruins of houses (tobhtaichean) roofless and windowless, and near them neglected green patches that had obviously been cultivated at one time. We saw overgrown ridges and furrows that once had been the lazybeds (feannagan) on which former inhabitants had grown their potatoes and cereals. When returned home from our explorations, to recount our discoveries, we learned, over the years, that the Ulva of 1827, when the church and the manse were built was very different from the Ulva we came to know a hundred years later.'"
According to a 2018 publication by Tourism Scotland, "There are no tarmac roads on Ulva, so no cars, just the 4 wheel cross country bikes used by all inhabitants".
Infrastructure and economy
None of the island's roads is tarmacked or numbered, due to the low population, and there are no fewer than six fords on the length of the southern road. There is however a bridge to Gometra, which can also be reached dry-shod at low tide. Like certain other islands, e.g. Sark, there are no cars, but quad bikes and tractors are used.
A ferry sails from Ulva to the hamlet of Ulva Ferry on Mull, on request. Ulva Primary School is in fact on Mull at Ulva Ferry. There are ruined school buildings still to be seen at Glac na Gallan and Fearann Àrd-àirigh.
Ulva's main industry now is tourism. Other industries on the island include sheep and cattle farming, and fish farming (salmon at Soriby Bay). There is also a small sawmill. There is no hotel on the island, but there is a locked bothy at Cragaig which can be rented and camping is also possible. At Ardalum, there is a former shooting lodge, which is now a self-catering unit, and was also workers' accommodation for a while. There is a licensed restaurant/tea room on the island, "The Boathouse", where locally harvested oysters are sold.
In the summer of 2017, the island was put up for sale by owner Jamie Howard. The North West Mull Community Trust was granted the right to register its interest in a community buyout, which was subsequently backed by 63.9% of voters in a poll ordered by the Scottish government, with residents of Ulva and part of Mull eligible to vote.
Subsequently, the government had stopped the attempt to sell Ulva on the open market. A fundraising appeal was launched and in March 2018 the Scottish Land Fund pledged £4.4 million towards a community buyout. John Watt, the chair of the Fund, stated that it was a "momentous day" for local residents. "I wish them every success as they go on to raise the remaining funding that will allow them to turn their dreams into reality." The buyout was completed on 21 June 2018. The North West Mull Community Woodland Company acquired the Ulva Estate, through the Community Right to Buy legislation.
A 2019 news report provided the following specifics: "'The community company raised £4.4m from the Scottish Land Fund to buy Ulva from owner Jamie Howard, whose family had owned the island for 70 years. The total purchase cost £4.65m with a global fundraising effort helping to secure the balance'."
Re-development master plan
By 21 June 2018, the sale of the island had been concluded. The subsequent master plan for the island involves making improvements, increasing the population and returning farming to Ulva. More specifically, the residents were "hoping to create jobs here, build new affordable housing and tempt young Scots to make it their home". Some of the ideas discussed in spring 2018 included opening a campsite, hostel and mini-hotel and to commence oyster farming. Roughly 5,000 people visited the island each summer. In February 2019, repairs to the slipway and the connecting pier on Mull were completed, beneficial for both ferry passengers and fisherman working out of the Sound. The project was funded by Marine Scotland.
Restoration of the oldest blackhouse on the island was being completed in October 2019; it is the one closest to the ferry dock. The building is known as Sheila's cottage, since it was the home of dairy maid Sheila MacFadgen from 1911 to the 1950s, the last resident of the row of cottages. This was the second significant step in the Ulva master plan.
At that time, Wendy Reid, Ulva’s development manager said that the hope was for the population to increase to 20 by 2024 and to 50 in the future. Six houses were scheduled for renovation, including three that were vacant; this process will help attract new residents to the island. By late 2019, news suggested that the population could "soar by 6,000%" as a result of the campaign to encourage people to move to the island. The large Ulva House was being converted into self catering flats.
In January 2020, 30 Highland cattle were scheduled to be delivered to the island since the plan includes "communion between humans, animals and nature", according to Reid. Until then, the island was supporting a small flock of wild Hebridean sheep and a few feral goats. During the year, efforts to refurbish other old dwellings would continue. The restorations were expected to be planned by the community and completed under the supervision of Argyll and Bute Council. Land sales would also commence.
"We want to attract people from all backgrounds, but also keeping one goal in common: to contribute to the wellbeing of the community with their skills and talents", Reid said.
In May 2021, the island announced a drive to replace petrol and diesel-engined quad bikes with all electric vehicles, and the start of work to restore three tenanted homes and three vacant properties on the island.
Fauna
Ulva is known for its wildlife, which as is usual for many Scottish islands, includes many varieties of seabirds. A number of raptors breed on the island including buzzards and golden eagles. Game birds include snipe, grouse, pheasant, and woodcock. White-tailed eagles, which were reintroduced in the nearby Island of Rùm have migrated to Mull, where they now have a stronghold - they can occasionally be seen on Ulva, but are not known to nest there. Ravens also breed here. Puffin, black-legged kittiwakes, shag, common and Arctic tern, gannets, eider ducks, oystercatchers, curlews, redshanks, red-breasted mergansers and gulls nest on the island and the surrounding waters provide a livelihood for numerous seabirds. Occasional visitors (usually not breeding) include - house martins, Leach's storm petrel, corncrakes (which are rare in the British Isles), peregrine falcons and spotted flycatchers.
Land mammals that can be found on the island, include red deer, rabbits, and mountain hares. Stoats and hedgehogs are occasionally sighted on the island as well. In 1986 the island's otters were studied by experts from the University of Leeds - in the six weeks that they were there, they sighted the otters every evening. In regard to canids, there are no foxes on the island, although it has been suggested that the name "Ulva" - wolf isle - meant that wolves lived on the island in the Norse period.
There is only one known kind of reptile on the island, the pseudo-snake slowworm, but no true snakes have been reported. The name "Ormaig", however, is probably a corruption of the Norse Ormrsvi, which means "bay of the worm" - this may refer to a snake.
Cetaceans that can be seen in the surrounding waters include minke whales, porpoises, dolphins, and pilot whales. Whales occasionally get beached on the island, more recent examples including 1966 (pilot), 1987 (pilot) and 1991 (two sperm whales). Grey seals and basking shark also frequent the area.
Ulva is also home to two extremely rare insects: the Scotch burnet moth, which can also be found on Mull, but nowhere else, and a dragonfly, Orthetrum coesilesceus.
Flora
More than 500 species of plant have been recorded on Ulva.
Bracken is particularly abundant on the island, with heather growing in some other parts. Wild flowers that grow here include Hyacinthoides non-scripta ('common' or 'British' bluebells), Campanula rotundifolia ('bluebells of Scotland' or 'harebells'), orchids, sundews (Drosera) and Dianthus ("pinks").
Much of the island is treeless, but there are substantial stands in some places, especially near the island's small reservoir.
However, in the areas where trees grow, there is a surprising diversity. There are at least 43 varieties and/or species of broadleaf trees on the island, and over a dozen types of conifer. Amongst the coniferous trees are silver and noble firs, juniper, European and Japanese larch, Sitka spruce, and Scots pine. The broadleafs include laburnum, wych elm, three types of oak, four kinds of cherry tree, alder, sycamore, sweet chestnut, walnut and various other fruit trees.
In literature and the arts
Boswell and Johnson
Dr Johnson and Boswell visited The MacQuarrie on Ulva in October 1773, the year after Sir Joseph Banks brought Staffa to the English-speaking world's attention. Perhaps aware that Banks considered that the columnar basalt cliff formations on Ulva called "The Castles" rivalled Staffa's Johnson wrote:
"When the islanders were reproached with their ignorance or insensibility of the wonders of Staffa, they had not much to reply. They had indeed considered it little, because they had always seen it; and none but philosophers, nor they always, are struck with wonder otherwise than by novelty."
Both men left separate accounts of the visit, Johnson in A Journey to the Western Islands of Scotland (18 January 1775) and Boswell in Journal of a Tour to the Hebrides with Samuel Johnson, LL.D (1785). They arrived on Saturday, 16 October, and left the following day.
Scott and Hogg
Boswell and Johnson were not the only famous non-Highland visitors to the island. Walter Scott and James Hogg also visited the islands some decades later. Scott was struck by the contrast between Ulva and the nearby island of Inchkenneth: "... a most beautiful islet of the most verdant green, while all the neighbouring shore of Greban, as well as the large islands of Colinsay and Ulva, are as black as heath can make them. But Ulva has a good anchorage, and Inchkenneth is surrounded by shoals."
By the time, Scott visited the "mean" house referred to in Boswell's journal was gone, and replaced by one from a design by Robert Adam. This in turn has been destroyed, and the current Ulva House is on its site.
Hogg wrote some graffiti on the wall of Ulva Inn, now lost due to its burning down in 1880:
Many other visitors to neighbouring Staffa stayed at Ulva Inn, this included Keats, Mendelssohn, and William Wordsworth.
After his visit, Walter Scott used Ulva as material for various works, for example, in his 1815 poem, Lord of the Isles (Canto 4)
In Tales of a Grandfather, Scott tells the story of "Alan-a-Sop". In his youth, Alan-a-Sop was treated badly by his stepfather, one Maclean of Torloisk. He grew up to be a pirate and eventually took a bloody revenge on Torloisk with the help of MacQuarrie of Ulva.
Other
A piper named MacArthur set up a famous piping school on Ulva, possibly in the 17th century. He himself was trained by the great MacCrimmon dynasty of Skye, whose piping skills were legendary in Gaeldom. The MacArthurs themselves were said to be amongst the greatest bagpipers to come out of Scotland.
The Scottish missionary and explorer of Africa, David Livingstone recounted how his ancestors had originally come from Ulva.
"Our great-grandfather fell at the battle of Culloden, fighting for the old line of kings; and our grandfather was a small farmer in Ulva, where my father was born."
The most famous commemoration of Ulva in literature is Thomas Campbell's poem, Lord Ullin's Daughter, written after the writer had visited the region. The opening two stanzas are as follows:
Moladh Ulbha (In Praise of Ulva) is a song written by the Ulbhach Bard, Colin Fletcher (Cailean Mac an Fhleisdeir). It was transcribed by the Rev. MacKenzie. This is the first verse.
John MacCormick (Iain MacCormaig; 1870–1947), the author of the first full length Scottish Gaelic novel, Dùn Aluinn (1912) was an occasional visitor to the island. He wrote a number of short stories, non-fiction and a novella. He came from Mull, and was a distant relative of the politician of the same name and Neil MacCormick
English children's writer, Beatrix Potter (1866–1943) also visited Ulva from time to time. She was a relative of the Clark family, and The Tale of Mr. Tod (1912) is dedicated to F. W. Clark (III - grandson of the man who bought the island). The dedication says rather cryptically: "FOR FRANCIS WILLIAM OF ULVA — SOMEDAY!" Although the main characters of the book are a fox (tod) and a badger (brock), neither species can be found on Ulva.
Structures
Many structures on Ulva are in ruins, such as the former water mill between Ormaig and Cragaig, and if not in ruins, they have been incorporated into other buildings, e.g. Bracadale Steadings, which includes bits of the old Ulva House which Boswell and Johnson stayed in. On the southern coast are found the ruins of the hamlet of Ormaig (walls of old cottages) and of Kilvekewen church.
The Boathouse Cafe remains in business. A January 2020 news item indicated that it was "rapidly gaining a reputation for its fresh seafood".
Ulva Church
In the early 19th century, an unflattering report stated: "No district was more deficient in the means of religious instruction than Ulva" and that "Divine service was little frequented in winter."
A small church was built at Ardalum between 1827 and 1828. It cost £1,500 and was designed by Thomas Telford. It was restored in 1921. the original church did not have a proper floor, and its floor boards were laid on top of the earth.
The Certificate of Complete of the Ulva Church and Manse is dated 14 March 1828, and it was conveyed by Charles MacQuarie. There was a budget of £1,500 for the construction and the actual cost came to £1,495 14/1.
Privately owned since the mid 1950s when it was purchased by the family who then owned the island, it is still used, partly as a community centre, and the north-west wing for worship at least twice a year, at Easter and at Harvest time. (The island was sold to the residents in 1998 however, and the building is now owned by that small group.) It is claimed that in 1847 (Statistical Account), everyone on the island attended services in it including one Roman Catholic and one atheist. Dr Johnson was probably speaking of the old church at Cille Mhic Eòghainn when he said: "Ulva was not neglected by the piety of ardent times: it has still to show what was once a church." Ulva Church is dedicated to St Eòghann of Ardstraw, possibly the same person.
The last resident minister, Rev. MacKenzie left in 1929.
Sheila's Cottage
"Sheila's Cottage" is a thatched but and ben, which was restored in the 1990s. It is named for Sheila MacFadyen (Sile NicPhaidein), who lived in the cottage between the turn of the 20th century and the early 1950s. Sheila was originally a milkmaid at Ulva House, but she spent her later years, after her son predeceased her, garnering a scanty living by gathering and selling winkles for sale locally. One room, the "but" was for livestock, and the other, the "ben" was her living space, where all activities took place.
The cottage contains a box bed, dresser, and a life-size model of Sheila herself.
An additional restoration of the cottage was being completed in late 2019.
Other buildings
The Inn at Ulva was popular with visitors to Staffa. However, although it called itself a "temperance inn", its keeper was charged three times with breach of licence. It burnt down in 1880 - the buildings were thatched, and the guest book, which contained many famous signatures was destroyed with it. It reopened, but was finally closed in 1905.
More than one building has gone by the name "Ulva House", and the current one was designed by Leslie Grahame-Thomson in the early 1950s. There is a dovecot and a pig sty on its gable end. The Ulva Master plan called for converting the House into self catering flats, according to an October 2019 news report.
There are several ruined kilns on the island for a number of different purposes. At Baligartan, there is the remains of a kiln for drying grain, and on the south shore, in a gully (GR173378), there is another, which was probably used in the island's old kelp industry.
Folklore and customs
It may be presumed that much of the island's folklore disappeared with the island's population. The story of "Allan-a-Sop", adapted by Scott would have formed part.
Bradley's Cave (G 439398) is named for an Irish itinerant who used to visit in the 19th century. Bradley, or O' Brolligan (as his name is sometimes recorded) was a retired sailor, who took to the roads as a pedlar, and when on Ulva, he was said to live in this cave. Though there is little evidence of his existence, during the 20th century, buttons and a coin dated 1873 were found in here.
Cairistiona's Rock near Ormaig has a more gruesome story attached to it. Cairistiona accused, probably falsely, her sister of stealing a large hunk of cheese, and tried to extract a confession from her, by lowering her off a cliff with a plaid tied round her neck. The plaid slipped, and ended up strangling her sister, which she had never intended to do. Wracked with remorse, she confessed to the accident, but this was not enough for the islanders, who decided to drown her, by throwing her in a sack and laying her on the rock, which still bears her name.
Mercheta Mulierum
Mercheta Mulierum was an ancient custom persisting in the island: "Inquiring after the reliques of former manners, I found that in Ulva, and, I think, no where else, is continued the payment of the Mercheta Mulierum; a fine in old times due to the Laird at the marriage of a virgin. The original of this claim, as of our tenure of Borough English, is variously delivered. It is pleasant to find ancient customs in old families. This payment, like others, was, for want of money, made anciently in the produce of the land. Macquarry was used to demand a sheep, for which he now takes a crown, by that inattention to the uncertain proportion between the value and the denomination of money, which has brought much disorder into Europe. A sheep has always the same power of supplying human wants, but a crown will bring at one time more, at another less."
Boswell said "I suppose, Ulva is the only place where this custom remains", and Sir William Blackstone says in his Commentaries on the Laws of England that "he cannot find that ever this custom [Borough English] prevailed in England".
Walter Scott claimed that mercheta mulierum persisted at the time of his visit.
General references
* Bannerman, John, Studies in the History of Dalriada. Scottish Academic Press, Edinburgh, 1974. ISBN 0-7011-2040-1
* Broun, Dauvit, Dál Riata in Lynch (2001).
* Howard, J. & Jones, A., The Isle of Ulva: A Visitor's Guide, published by Ulva Estate, (2004)
* Keay, J. & Keay, J. (1994) Collins Encyclopaedia of Scotland. London. HarperCollins. Articles: Ulva & "MacQuarrie, Lachlan"
* Johnson, Samuel (1775) A Journey to the Western Islands of Scotland. London. Chapman & Dodd. (1924 edition).
* Livingston, David LL.D., D.C.L., Missionary Travels and Researches in South Africa Including a Sketch of Sixteen Years' Residence in the Interior of Africa, and a Journey from the Cape of Good Hope to Loanda on the West Coast; Thence Across the Continent, Down the River Zambesi, to the Eastern Ocean.
* MacKenzie, Donald W. R. As It Was/Sin Mar a Bha: A Ulva Boyhood Birlinn Ltd (16 May 2000) ISBN 978-1-84158-042-5
* Report of Her Majesty's Commissioners of Inquiry Into the Condition of the Crofters and Cottars in the Highlands and Islands of Scotland (Napier Commission)
* Report of Her Majesty's Commissioners of Inquiry Into the Condition of the Crofters and Cottars in the Highlands and Islands of Scotland (Napier Commission) | WIKI |
The Complete Works of Swami Vivekananda/Volume 8/Epistles - Fourth Series/X Haripada
To Shri Haripada Mitra
1893.
DEAR HARIPADA,
I just now received a letter from you. I reached here safe. I went to visit Panjim and a few other villages and temples near by. I returned just today. I have not given up the intention of visiting Gokarna, Mahabaleshwar, and other places. I start for Dharwar by the morning train tomorrow. I have taken the walking-stick with me. Doctor Yagdekar's friend was very hospitable to me. Please give my compliments to Mr. Bhate and all others there. May the Lord shower His blessings on you and your wife. The town of Panjim is very neat and clean. Most of the Christians here are literate. The Hindus are mostly uneducated.
Yours affectionately, | WIKI |
tfp.experimental.substrates.numpy.math.fill_triangular_inverse
Creates a vector from a (batch of) triangular matrix.
The vector is created from the lower-triangular or upper-triangular portion depending on the value of the parameter upper.
If x.shape is [b1, b2, ..., bB, n, n] then the output shape is [b1, b2, ..., bB, d] where d = n (n + 1) / 2.
Example:
fill_triangular_inverse(
[[4, 0, 0],
[6, 5, 0],
[3, 2, 1]])
# ==> [1, 2, 3, 4, 5, 6]
fill_triangular_inverse(
[[1, 2, 3],
[0, 5, 6],
[0, 0, 4]], upper=True)
# ==> [1, 2, 3, 4, 5, 6]
x Tensor representing lower (or upper) triangular elements.
upper Python bool representing whether output matrix should be upper triangular (True) or lower triangular (False, default).
name Python str. The name to give this op.
flat_tril (Batch of) vector-shaped Tensor representing vectorized lower (or upper) triangular elements from x. | ESSENTIALAI-STEM |
Page:The elephant man and other reminiscences.djvu/91
Rh a patient by enforced boredom. The inducement offered is crudely this: "You can go home as soon as you think fit to be well." I did not mind the quiet nor the lying in bed. The excessive feeding merely made me uncomfortable. The massage was a form of torture that I viewed with great loathing. The absence of news from home kept me in a state of unrest and apprehension. It was the continued speculation as to what was going on in my household which prevented me from sleeping at night.
The withdrawal of all newspapers was evidently a punishment devised by a man. It was no punishment to me nor would it be to the average woman. The nurse, of course, kept me informed of current events as she was extremely fond of talking and thereby rendered a newspaper unnecessary. She told me of the occasions when my husband called to inquire and always said that he looked very well and remarkably cheerful. She walked past my house once and came back with the information that the drawing-room blinds were up and that the sun was streaming into the room. This worried me a great deal as I don't like faded carpets and silks and am very fond of my furniture.
After I had been in the home a few days I discovered that the institution was not wholly | WIKI |
blog_photo (39)
Let’s be frank, pregnancy is a lot harder than people realize. After all the work that goes into getting pregnant in the first place, particularly for those of us that struggle with fertility issues, dealing with a pregnancy complication can be terrifying and extremely overwhelming.
At Binto, we believe knowledge is power, and the more you know about what you are getting yourself into, the better prepared you will be to handle any bumps in the road. Today, we are talking about preeclampsia, a pregnancy complication that can have devastating consequences for you and your baby if left untreated.
What is preeclampsia?
Preeclampsia is a hypertensive disorder, meaning it involves abnormally high blood pressure levels. According to the International Society for the Study of Hypertension in Pregnancy (ISSHP), hypertensive disorders affect 10% of pregnancies. More specifically, preeclampsia is characterized by new sudden spikes in blood pressure after 20 weeks of pregnancy, and complicates an estimated 5% of all pregnancies.
Pregnancies with preeclampsia are high risk for both the mother and the baby. For mom, women experiencing preeclampsia suffer an increased risk of long term hypertension, heart problems, heart attack, and even stroke. For your baby, preeclampsia can increase the risk of intrauterine growth restriction, preterm birth, fetal distress and even fetal death.
What causes preeclampsia?
Normally, early in your pregnancy, new blood vessels develop to efficiently send blood to the placenta. When you have preeclampsia, these blood vessels don’t seem to develop properly. Instead, they are narrower than they should be and react differently to hormone signaling, which limits the amount of blood that can flow through them.
Researchers have not yet identified one single cause for this condition. Factors contributing to the development of preeclampsia may include insufficient blood flow to the uterus, damage to blood vessels, problems with your immune system, or certain genetic factors.
What are the risk factors for preeclampsia?
While researchers have not yet identified the specific cause of this condition, they have identified risk factors. You may be at a higher risk for preeclampsia if:
• You have a history of preeclampsia, either personally or in your family
• You already have chronic high blood pressure
• This is your first pregnancy
• The paternity of your baby has changed between pregnancies - each pregnancy with a different partner or sperm donor increases the risk of preeclampsia more than the second or third with the same paternity
• You are very young, i.e. teens, or you are over the age of 35
• You are a Black woman - Black women suffer from preeclampsia at higher rates than women of other racial backgrounds
• You have a high BMI
• You are carrying twins, triplets, or other multiples
• Your last pregnancy was less than two years ago, or more than 10 years ago
• You have a history of migraines, diabetes, kidney disease, or lupus
• Your baby was conceived via IVF
Further guidelines from the National Institute for Health and Care Excellence divide these risk factors into high and moderate categories:
You may be at high risk of preeclampsia if you have a history of hypertensive disease in previous pregnancies, or suffer from chronic kidney disease, autoimmune diseases, diabetes, or chronic hypertension.
Women are at moderate risk if they are over 40, have a high BMI, have a family history of preeclampsia, are pregnant with multiple fetuses, or it has been more than 10 years since their last pregnancy
What are the symptoms of preeclampsia?
Red flag #1: A sudden spike in your blood pressure
As a hypertensive disorder, changes in blood pressure are a good indication that something might be up with your pregnancy. These changes can be sudden or develop slowly over time, which is why monitoring your blood pressure is such an important part of prenatal care. A blood pressure reading of 140/90 mm of mercury (mm Hg) or greater documented on two occasions at least four hours apart is abnormal and could be a sign of preeclampsia.
Other signs of preeclampsia involve your organ function, specifically your kidneys and liver. Keep an eye out for excess protein in your urine or other signs of kidney issues, severe headaches, changes in vision like temporary blindness, blurred vision or light sensitivity, and upper abdominal pain under your ribs, usually on the right side.
If you experience nausea or vomiting, less urine output, shortness of breath or fluid in your lungs, or sudden weight gain and swelling especially in your face and hands, these could also be signs of preeclampsia. These also occur in normal pregnancies, so they are not always the most reliable sign.
When to see a doctor:
A critical piece of the screening process for preeclampsia is high quality prenatal care. Make sure you are going to your prenatal checkups so your doctor can monitor your blood pressure over the course of your pregnancy.
Many of the aches and pains associated with preeclampsia can also just be part of being pregnant, and it can be difficult to figure out when you might be facing a serious issue, especially if this is your first pregnancy. If you have symptoms that concern you, reach out to your doctor.
Contact your doctor or go to the ER immediately if you have a sudden intense headache, blurred vision or other visual issues, severe pain in your abdomen or severe shortness of breath.
How to treat preeclampsia?
Prevention
A key piece of managing your risk for preeclampsia is prevention. If you know you might be at risk for preeclampsia and you are trying to get pregnant, you will need to keep your body in tip top shape. As a general rule, it’s a good idea to eat a varied diet, exercise regularly, and ensure that any chronic health conditions are well-managed.
Regular Prenatal Care
Once you are pregnant, we cannot overemphasize the importance of regular prenatal care. You and your doctor can work together to detect and manage a preeclampsia diagnosis, prevent complications and make the best decisions for you and your baby.
Prescriptions From Your Doctor
If you meet certain risk factors, like a history of preeclampsia or a multiple pregnancy, your doctor may recommend a daily low-dose aspirin once you reach 12 weeks of pregnancy. Research indicates that taking low-dose aspirin can be effective in reducing the incidence of preeclampsia in high risk pregnancies, but it is more effective if you start before you reach 16 weeks.
Research also indicates that women who are calcium deficient can benefit from calcium supplements to prevent preeclampsia. In fact, the WHO even issued a recommendation that pregnant women are provided with calcium supplements for this very purpose. That being said, women in the United States typically get adequate calcium from their diets so this is unlikely to help women form developed countries. What’s important is that you take a great prenatal vitamin to give your body what it needs to support your baby’s growth. If you are concerned about your vitamin levels, check in with your doctor.
Delivery
Left untreated, preeclampsia can lead to serious and even fatal complications for you and your baby. Your risk increases with the severity of your condition and how early in your pregnancy the condition is diagnosed. The most effective treatment is to deliver your baby, most often through a C-section.
If you are diagnosed too early to deliver, you and your doctor face a more challenging task. You may need to be put on bed rest until your baby is ready to be delivered. Your doctor may even recommend hospitalization for more up to the minute monitoring of your baby’s well-being.
After your baby is born, it may still take a while for your body to recover. You could suffer from damage to your kidneys, liver, lungs, heart, or eyes, and even brain, depending on how severe your preeclampsia is. It is possible you might also have an increased risk of future cardiovascular problems. To take care of your body post-delivery, it’s important to eat a variety of fruits and vegetables, maintain a healthy weight, exercise regularly and quit smoking.
What is eclampsia?
Put simply, if your preeclampsia is not properly controlled in consultation with your doctor, you and your baby are at serious risk of death. Eclampsia is preeclampsia with the added symptom of seizures. It is difficult to predict what cases of preeclampsia will escalate to eclampsia, and there are often no symptoms or warning signs to indicate the progression. If you are experiencing eclampsia, your baby will have to be delivered immediately, no matter how far along the pregnancy is.
We know this sounds really scary, which is why it is so important to communicate with your doctor and attend regular prenatal checkups so your health provider can monitor you for risk factors and intervene appropriately. Part of your preeclampsia treatment may also include anticonvulsant medications to prevent these seizures, if you have a severe case.
We are here to help!
All this to say, preeclampsia must be handled very carefully to protect you and your baby, but you are not alone in your journey. Beyonce, Laura Bush, and Mariah Carey all suffered from preeclampsia while pregnant with their respective sets of twins and still delivered healthy babies. Take Kim Kardashian as another example. She has spoken publicly about her struggles with preeclampsia, among other pregnancy complications, during her first two pregnancies. After delivering her first two babies safely, Kim and her husband, Kanye West, turned to a surrogate to carry their last two children.
The all important reminder is that every woman’s body and pregnancy experience are different, so it’s important to stay in tune with your body, including any preexisting medical conditions that might have an impact on your pregnancy. Keep checking in with yourself and your doctor as your pregnancy continues to make sure everything stays on track.
If you have questions or concerns, know that we are always here to help. You can chat with one of our healthcare providers any time through the chat portal on our website, or by scheduling a telehealth appointment here. We’ve got your back!
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Bhili language
Bhili (Bhili: ),, is a Western Indo-Aryan language spoken in west-central India, in the states of Rajasthan, Gujarat, Maharashtra, and Madhya Pradesh. Other names for the language include Bhagoria and Bhilboli; several varieties are called Garasia. Bhili is a member of the Bhil languages, which are related to Gujarati and Rajasthani. The language is written using the Devanagari script.
Bhili has no official status in India.
Consonants
* may also be heard as in free variation.
* occurs in loanwords from Persian and Hindi.
* is heard as an allophone of preceding.
Vowels
* Vowels can also be heard as.
* is borrowed from Hindi.
* may also be heard as in final position. | WIKI |
4
I want to aggregate a very fine resolution raster at various coarser resolutions (that represents many 1000s of categorical polygons).
The aggregate{raster} function is what i've traditionally used, the factor arguement reduces the resolution while the 'fun' allows me to sum, max or whatever.
However, when using fun=modal, how does aggregate behave? If I simply reduce the resolution by a factor of 2 (i.e. quarter the total number of cells) how does aggregate work with new multimodal cells?
example code:
ras <- raster(nrows=10, ncols=10,xmn=0, xmx=10, ymn=0, ymx=10)
ras[1:50] <- 1
ras[51:100] <- 2
x1 <- c(9,10,20,34,54,56,67,88,99)
ras[x1] <- NA
plot(ras)
grid(nx = 10, ny = 10, col = "lightgray", lty = "dotted",lwd = 1)
ras2 <- aggregate(ras,fact=2,expand=FALSE,fun=modal,na.rm=T)
x11()
plot(ras2)
grid(nx = 10, ny = 10, col = "lightgray", lty = "dotted",lwd = 1)
Ideally, when reducing by a factor, if there is a multimodal result I'd like aggregate to randomly assign the new cell one of the modal values and not always choose the same (if that's indeed what it does). Larger factors such as 5 etc are less likely to cause this issue but it is still entirely possible.
FURTHERMORE: in the aggregate function above, na.rm is set to TRUE because i dont want every single NA cell to set the new, coarser, cell automatically to NA. However in the top right of the data, that new cell should really be NA as it has 3 smaller NA values. Do i just need to re-assign NA to 999 before running? and how will it work if there are 2 NA cells and 2 cells of another value?
• How many distinct categories are there? With small numbers of categories there exist convenient, flexible, and reasonably fast solutions. – whuber Jan 19 '16 at 23:58
• @ whuber, 9 distinct categories (that are themselves aggregation categories of about 120 categories) but i'd like the flexibility to re-classify the original 120 to whatever i like in the future – Sam Jan 20 '16 at 10:04
4
Ideally, when reducing by a factor, if there is a multimodal result I'd like aggregate to randomly assign the new cell one of the modal values and not always choose the same (if that's indeed what it does).
That is not what it does. See ?modal and the ties argument.
Your question is really about the modal function which you pass on to aggregate (both in package raster). So read the help file of modal and pick the arguments you like to make it behave how you want it to. If you cannot do that, find a better one elsewhere, or write your own.
The default behavior of modal is to break ties randomly, as illustrated here:
set.seed(9)
table(sapply(1:1000, function(i) modal(c(1,1,2,2))))
# 1 2
#507 493
You have a further question about na.rm stating that
in the top right of the data, that new cell should really be NA as it has 3 smaller NA values.
I suppose you mean is that there are 3 NAs and 1 1 such that NA should be the mode. Perhaps that should be allowed as an option, but currently NA itself cannot be the modal value. The workaround you propose should be OK.
• thanks for your answer, I had not looked at the modal help page, but about every other help page i could find! excellent, i had a pretty good feeling modal's default is random but now I know, cheers – Sam Jan 20 '16 at 20:13
• revisiting this problem, do you know of any methods to pass a Random Rule to raster::aggregate? i.e. choose a random cell within the aggregation process, instead of mean/mode etc – Sam Jun 3 '16 at 10:30
• That is a different question. Probably something like function(x, ...) sample(x, 1) perhaps with additional logic for NA values – Robert Hijmans Aug 23 '16 at 9:41
• A workaround to get "NA" as the modal value could be to assign all NAs to a large/small integer value (outside dataset values), run aggregate and modal and then substitute back NA for the dummy integer value. Does that sound reasonable? – user3386170 Mar 29 '18 at 17:45
3
In a bimodal distribution the fun=modal argument will result in assigning the value with the peak frequency in the distribution. Not sure what other behavior you expect?
Statistically speaking, I do not see any support for randomly selecting a different peak in the distribution just because the distribution is bimodal. The only way I can see justifying this is if a peak in the distribution is with a certain range of the mode, eg., within 1% of the mode. This is, in essence, identifying modes that are equivalent, given some measure of error. However, if the value of the mode is, say 100 and the next peak in a bimodal distribution is 50 it makes no sense to randomly select between the two values, the mode is 100 period. This same logic applies to multimodal distributions.
If you want to account for a specific outcome in a bimodal distribution you will have to write your own function and pass it to raster::aggregate but this may be tricky. I would also point out that rarely are peaks in a multimodal distribution equivalent.
If you are consistently expecting a bimodal distribution you may want to consider that you are in fact dealing with a binomial process, which is quite unlikely considering your description of "many 1000s of categorical polygons". Even though your data is nominal, with that many values, it may be behaving as a continuous process and a mode function that is intended for nominal data may be quite sensitive to the binning strategy used to identify modes and could erroneously identify additional peaks. One should note that approaches for identifying modes in continuous data are different than nominal (ie., density or spline estimates verses histogram frequency approaches).
• @Jeffery Evans, thanks for your comments. But i believe my bimodal data does have equal frequencies if you are only aggregating by a factor of 2? i.e. 2 cells of one value and 2 cells of another value – Sam Jan 20 '16 at 10:10
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Technology Sector Update for 06/21/2018: GLOB,WPP,MU,INTC,MEI
Top Tech Stocks
MSFT -0.67%
AAPL -0.57%
IBM -1.01%
CSCO -1.18%
GOOG -1.03%
Technology stocks tipped lower Thursday, with shares of tech companies in the S&P 500 losing more than 0.7% in value today while the Philadelphia semiconductor index was posting a more than 1.2% decline.
Among technology stocks moving on news:
+ Globant SA ( GLOB ) was more than 6% higher late in Thursday's session, hanging on to most of an 8% advance that followed the technology-services company pricing a $302.6 million secondary offering of nearly 5.82 million of its common shares previously held by WPP plc ( WPP ) through a subsidiary at $52 apiece, representing a 1.6% discount to Wednesday's closing price for the company's stock. Globant and the global advertising shop also provided underwriters with a 30-day option to buy up to 872,289 additional shares to cover potential overallotments. Globant did not receive any proceeds from the sale of its stock.
In other sector news:
+ Micron Technology ( MU ) was nearly 3% higher on Thursday, retracing most of a 5% gain previously in the session, that followed the computer memory manufacturer late Wednesday reporting above-consenus fiscal Q3 financial results. Excluding one-time items, the company earned $3.15 per share during the three months ended May 31, nearly doubling its $1.62 per share non-GAAP profit during the same quarter last year and exceeding the Capital IQ consensus by $0.02 per share. Revenue jumped 40% year over year to $7.80 billion, also beating the $7.76 billion Street view. The company is projecting adjusted net income for the current quarter in a range of $3.23 to $3.37 per share on between $8 billion to $8.4 billion in revenue. Analysts, on average, are looking for Micron Tech to earn $3.17 per share on $8.02 billion in revenue.
- Intel's ( INTC ) was down over 2% late in Tuesday trading after Brian Krzanich abruptly has resigned as chief executive officer at the networking equipment giant after a company probe found he had a consensual relationship with another Intel employee, violating company policies. Chief financial officer Robert Swan will assume Krzanich's former responsiblities on an interim basis during the search for a permanent CEO. Intel Thursday also raised its adjusted fiscal Q2 earnings and revenue outlook, now expecting to earn $0.99 per share during the three months ended on $16.9 billion in revenue. That's up from its prior view expecting a non-GAAP EPS of $0.85 on $16.3 billion in revenue.
- Methode Electronics ( MEI ) declined Thursday, dropping over 6% shortly before today's closing bell, after the components manufacturer provided FY19 guidance lagging Wall Street expectations views and upstaging above-consensus fiscal Q4 financial results. The company is expecting FY19 net income in a range of $2.81 to $2.96 per share on $950 million to $970 million in sales. Analysts, on average, are modelling a $3.04 per share profit this year on $974.9 million in sales. The company also earned $0.98 per share during the three months ended April 28, beating the Capital IQ consensus by $0.25 per share. Net sales rose to $249 million from $219.7 million last year, also exceeding the $247.2 million analyst mean.
The views and opinions expressed herein are the views and opinions of the author and do not necessarily reflect those of Nasdaq, Inc.
Copyright (C) 2016 MTNewswires.com. All rights reserved. Unauthorized reproduction is strictly prohibited.
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 |
Tales of the Unexpected
Tales of the Unexpected may refer to:
* Tales of the Unexpected (comics), a 1950s–1960s comic book
* Tales of the Unexpected (book), a collection of short stories by Roald Dahl
* Tales of the Unexpected (TV series), a British series inspired by Dahl's stories
* Quinn Martin's Tales of the Unexpected, a 1977 American television show known in the United Kingdom as Twist in the Tale | WIKI |
Yo, indocumentada
Yo, indocumentada (lit. 'I, undocumented') is a 2013 Venezuelan documentary film directed by Andrea Baranenko. The film is about three Venezuelan transgender women and their efforts to be legally recognized in the country, including being able to change their legal name.
Plot
The film focuses in three Venezuelan transgender women: Tamara Adrián (a lawyer), Desiree (a hairdresser) and Victoria (an art student) and chronicles their efforts to be legally recognized in the country, including being able to change their legal name, through a series of legal actions, as well as demand their right to an identity, in a society where machismo and transphobia are still rooted. Tamara, one of the protagonists, is a law professor at the Andrés Bello Catholic University who despite her countless academic recognitions and honors in Venezuela and in France she has not been able to win her legal battle. The documentary also depicts the social and legal exclusion that the LGBT community in Venezuela faces.
Reception
The film represented Venezuela and was part of the 2013 official selection of the United Nations Association Film Festival (UNAFF). | WIKI |
խլուրդ
Etymology
From.
Noun
* 1) mole animal
* 2) small lizard
* 3) wooden lock
* 4) gangrene, canker
Etymology
A borrowing: compare 🇨🇬,, , (attested in the same passages of Aphrahat as , ), all from the root related to crawling. See also.
Noun
* 1) mole animal
* 2) gangrene, canker
* 1) gangrene, canker
* 1) gangrene, canker
* 1) gangrene, canker
* 1) gangrene, canker
Usage notes
* In the Bible, translates.
* The passage in alludes to Leviticus 11.30 which refers to mice and moles as unclean animals.
* Some dictionaries postulate a nominative based on the genitive, but it could be the genitive of the form attested as a variant reading of the sense "gangrene, canker". | WIKI |
HTTP binding spec
Detailed documentation on the HTTP binding component
Setup Dapr component
apiVersion: dapr.io/v1alpha1
kind: Component
metadata:
name: <NAME>
spec:
type: bindings.http
version: v1
metadata:
- name: url
value: http://something.com
Spec metadata fields
Field Required Binding support Details Example
url Y Output The base URL of the HTTP endpoint to invoke http://host:port/path, http://myservice:8000/customers
Binding support
This component supports output binding with the following HTTP methods/verbs:
• create : For backward compatibility and treated like a post
• get : Read data/records
• head : Identical to get except that the server does not return a response body
• post : Typically used to create records or send commands
• put : Update data/records
• patch : Sometimes used to update a subset of fields of a record
• delete : Delete a data/record
• options : Requests for information about the communication options available (not commonly used)
• trace : Used to invoke a remote, application-layer loop- back of the request message (not commonly used)
Request
Operation metadata fields
All of the operations above support the following metadata fields
Field Required Details Example
path N The path to append to the base URL. Used for accessing specific URIs "/1234", "/search?lastName=Jones"
Headers* N Any fields that have a capital first letter are sent as request headers "Content-Type", "Accept"
Retrieving data
To retrieve data from the HTTP endpoint, invoke the HTTP binding with a GET method and the following JSON body:
{
"operation": "get"
}
Optionally, a path can be specified to interact with resource URIs:
{
"operation": "get",
"metadata": {
"path": "/things/1234"
}
}
Response
The response body contains the data returned by the HTTP endpoint. The data field contains the HTTP response body as a byte slice (Base64 encoded via curl). The metadata field contains:
Field Required Details Example
statusCode Y The HTTP status code 200, 404, 503
status Y The status description "200 OK", "201 Created"
Headers* N Any fields that have a capital first letter are sent as request headers "Content-Type"
Example
Requesting the base URL
curl -d "{ \"operation\": \"get\" }" \
http://localhost:<dapr-port>/v1.0/bindings/<binding-name>
curl -d '{ "operation": "get" }' \
http://localhost:<dapr-port>/v1.0/bindings/<binding-name>
Requesting a specific path
curl -d "{ \"operation\": \"get\", \"metadata\": { \"path\": \"/things/1234\" } }" \
http://localhost:<dapr-port>/v1.0/bindings/<binding-name>
curl -d '{ "operation": "get", "metadata": { "path": "/things/1234" } }' \
http://localhost:<dapr-port>/v1.0/bindings/<binding-name>
Sending and updating data
To send data to the HTTP endpoint, invoke the HTTP binding with a POST, PUT, or PATCH method and the following JSON body:
{
"operation": "post",
"data": "content (default is JSON)",
"metadata": {
"path": "/things",
"Content-Type": "application/json; charset=utf-8"
}
}
Example
Posting a new record
curl -d "{ \"operation\": \"post\", \"data\": \"YOUR_BASE_64_CONTENT\", \"metadata\": { \"path\": \"/things\" } }" \
http://localhost:<dapr-port>/v1.0/bindings/<binding-name>
curl -d '{ "operation": "post", "data": "YOUR_BASE_64_CONTENT", "metadata": { "path": "/things" } }' \
http://localhost:<dapr-port>/v1.0/bindings/<binding-name>
Using HTTPS
The HTTP binding can also be used with HTTPS endpoints by configuring the Dapr sidecar to trust the server’s SSL certificate.
1. Update the binding URL to use https instead of http.
2. Refer How-To: Install certificates in the Dapr sidecar, to install the SSL certificate in the sidecar.
Example
Update the binding component
apiVersion: dapr.io/v1alpha1
kind: Component
metadata:
name: <NAME>
namespace: <NAMESPACE>
spec:
type: bindings.http
version: v1
metadata:
- name: url
value: https://my-secured-website.com # Use HTTPS
Install the SSL certificate in the sidecar
When the sidecar is not running inside a container, the SSL certificate can be directly installed on the host operating system.
Below is an example when the sidecar is running as a container. The SSL certificate is located on the host computer at /tmp/ssl/cert.pem.
version: '3'
services:
my-app:
# ...
dapr-sidecar:
image: "daprio/daprd:1.8.0"
command: [
"./daprd",
"-app-id", "myapp",
"-app-port", "3000",
]
volumes:
- "./components/:/components"
- "/tmp/ssl/:/certificates" # Mount the certificates folder to the sidecar container at /certificates
environment:
- "SSL_CERT_DIR=/certificates" # Set the environment variable to the path of the certificates folder
depends_on:
- my-app
The sidecar can read the SSL certificate from a variety of sources. See How-to: Mount Pod volumes to the Dapr sidecar for more. In this example, we store the SSL certificate as a Kubernetes secret.
kubectl create secret generic myapp-cert --from-file /tmp/ssl/cert.pem
The YAML below is an example of the Kubernetes deployment that mounts the above secret to the sidecar and sets SSL_CERT_DIR to install the certificates.
apiVersion: apps/v1
kind: Deployment
metadata:
name: myapp
namespace: default
labels:
app: myapp
spec:
replicas: 1
selector:
matchLabels:
app: myapp
template:
metadata:
labels:
app: myapp
annotations:
dapr.io/enabled: "true"
dapr.io/app-id: "myapp"
dapr.io/app-port: "8000"
dapr.io/volume-mounts: "cert-vol:/certificates" # Mount the certificates folder to the sidecar container at /certificates
dapr.io/env: "SSL_CERT_DIR=/certificates" # Set the environment variable to the path of the certificates folder
spec:
volumes:
- name: cert-vol
secret:
secretName: myapp-cert
...
Invoke the binding securely
curl -d "{ \"operation\": \"get\" }" \
https://localhost:<dapr-port>/v1.0/bindings/<binding-name>
curl -d '{ "operation": "get" }' \
https://localhost:<dapr-port>/v1.0/bindings/<binding-name> | ESSENTIALAI-STEM |
Draft:John S. Hoffman
John S. Hoffmann (June 25, 1821 – November 18, 1877) was a justice of the Supreme Court of Appeals of West Virginia from January 1, 1873 until his retirement on June 1, 1876.
"It gives us much pain to announce this morning that Hon. John S. Hoffman, late one of the Judges of the Supreme Court of Appeals ot this State, died at his residence in Clarksburg Sunday morning. He was Colonel of the 31st regiment of Virginia infantry in the Confederate service during the war, and made a brilliant record for personal gallantry and good soldiership. In one of the battles near Richmond he received a wound which necessitated the amputation of his foot, and his system never fully rallied from the shock. After the war he returned to the practice of his profession in Clarksburg, and in 1872 he was elected, on the Democratic ticket, one of the four Judges of the Supreme Court of Appeals. Owing to continued ill health, he resigned his seat upon the bench in June, 1876, since which time his illness gradually increased until it reached a fatal termination."
Hoffmann was a Democrat. | WIKI |
2006–07 Copa del Rey
The 2006–07 Copa del Rey was the 105th staging of the Copa del Rey.
The competition started on 30 August 2006 and concluded on 23 June 2007 with the Final, held at the Santiago Bernabéu in Madrid, in which Sevilla lifted the trophy for the first time since 1948 with a 1–0 victory over Getafe.
Knockout stages
* Team listed first were the home team in the first leg
* Match abandoned after 57 minutes at 0–1 due to injury of Sevilla coach Juande Ramos; remainder of the game played on 18 March at the Coliseum, Getafe.
Round of 32
* }
Round of 16
* }
Quarter-finals
* }
First leg
All times CEST.
Second leg
Sevilla beat 5–0 Deportivo on aggregate
Getafe beat 6–5 Barcelona on aggregate
TV rights
* Spain – Telecinco | WIKI |
Direct-to-consumer genetic tests at an all-time high…
… but how can healthcare professionals make sure they are equipped to support patients who are worried and distressed about their results?
Personalised – or direct-to-consumer – DNA testing is becoming more popular, and around Christmas you may have seen brands such as 23andMe and AncestryDNA promoting their testing kits as gifts. Processing of these kits takes around 6-8 weeks so, this month, recipients who were quick to send theirs off can expect to receive their results.
Many of these kits focus on ancestry only, but some also offer a health option, which can include screening for known gene variants linked to various conditions. The results always come with a disclaimer to the effect that if the customer is confused or concerned about any of their results, they should contact their GP.
What does the test do?
23andMe states its health test is not diagnostic, and therefore does not test for single-gene diseases. Instead, it tests for gene variants associated with increased risk of several conditions, including Parkinson’s and Alzheimer’s. In both conditions, causation is still poorly understood but is known to involve both genetic and environmental factors.
A person finding out that they have an increased risk of developing such a condition will likely experience some degree of alarm and distress. Health professionals may encounter patients in this situation, which can present a challenge – especially if they are unfamiliar with the nature of these genetic tests.
23andMe also offers carrier status information for a list of conditions, ranging from Tay-Sachs and cystic fibrosis to hereditary fructose intolerance. These are all autosomal recessive conditions, some of which are considered serious enough to warrant the use of pre-implantation genetic diagnosis to avoid passing them on.
As well as causing concern among patients hoping to start a family, this information may be distressing to those who are already parents who worry that their existing children are affected. As a result, it may not be just the people who take the test who then go on to seek medical advice. It can be expected that relatives of individuals who have found out that they have disease-causing or high-risk variants may come forwards seeking testing.
Not the whole picture
It is important to note that companies such as AncestryDNA and 23andMe are not offering whole genome sequencing. Their tests are based on genotyping, which looks for specific variants, rather than all of a person’s genetic information. It is not clear whether consumers are generally aware of the difference.
Patients may also be unaware of how many genes can influence the risk of getting a particular condition. For example, the BRCA genes are well known, but there are over 70 other gene variants associated with breast cancer. Individually none affect risk as significantly as the BRCA genes, but cumulatively they can have a huge effect.
The concern is that a patient who has been tested for a couple of variants associated with a particular disease may assume that their risk is low (or high if the result was positive), when in fact there are numerous other genetic and environmental factors that they are not taking account of.
Even if a patient has had their whole genome privately sequenced, the interpretive information they receive with their results is unlikely to go into detail about 70+ genes for each one among hundreds of diseases, so the estimates for risk for conditions such as cancers or cardiovascular disease may be deceptive.
Ultimately, it is important for health professionals to be aware of the nature of these direct-to-consumer genetic tests in order to be able to put the results in context for their patient, as well as to recognise where referral to clinical genetics may be appropriate. | ESSENTIALAI-STEM |
Page:Constitutional Charter of the Kingdom of Poland, In the Year 1815.pdf/45
The protection here promised, which was in general terms, and ought consequently to have extended to the relations of subject and ruler, was null and void with respect to the grand duke. Every one was exposed to be the victim of his rage, or of the counsels of those who were about him, and the law offered no redress for the injuries which might result from it. This deficiency in the existing laws was generally felt, but the constitution assigned the initiation of new laws exclusively to the sovereign; which proves the insufficiency of the charter as respects the formation of laws.
All Europe has resounded with outcries at the violation of these articles; and volumes might be written on the subject. Such was the manner of proceeding towards the unhappy Poles, that it would have been supposed there were articles in their constitution diametrically opposite to those we have cited. During the fifteen years which have elapsed since the birth of the modern kingdom of Poland, in all which time a restless police—a police paid for the express purpose of hatching conspiracies—has never ceased to bring forward its political accusations—in all this time not one man has been tried by the regular tribunals; they have all been tried and sentenced by the grand duke. ever shall we forget the unfortunate Lukasinski condemned to degradation and perpetual imprisonment by a commission nominated by the grand duke. Long shall we remember the persecution of the nuncio, Vincent Niemoiewski, confined for years to his own estate, for having freely expressed in the diet, opinions which were not contrary to the state of things established by the charter. The only cause submitted to the high national court was that of Soltyk, Kryzanowski and others, and in this case it is observable that the grand duke had already discharged the functions of preliminary | WIKI |
JQuery Functions Declarations
What is the difference between:
function removeLightbox() {...}
AND
removeLightbox = function(){...}
Second one is more flexible, allowing you to declare function depending on conditions, like:
if(whatever)
{
var removeLightbox = function() { return 'f1'; };
}
else
{
var removeLightbox = function() { return 'f2'; };
}
then second one can be used inside objects, like $.removeLightbox = function() {}; which can’t be done with first method.
With second method you can’t use function before its declaration, but with first method you can.
That’s all I can think of. I’m sure there are many other differences.
Thanks, that helps for now
The first one declares a function using the function statement. The second declares a function using a function operator.
The main difference between them is that functions created using the function operator do not exist until execution reaches that code. Function statements are hoisted to the top of their context. That means that a function statement can be made at the bottom of the code, but it can still be used from places above the function statement.
So while the function statement has hoisting as its advantage, it’s a hidden advantage that most people aren’t explicitly aware of, even though they implicitly make use of it.
The function operator allows you to create functions just when they’re needed. | ESSENTIALAI-STEM |
Taiwan stymies new China flights amid route row, official says
TAIPEI/SHANGHAI (Reuters) - Taiwan’s aviation regulator has stalled applications for new flights from China Eastern Airlines and Xiamen Airlines amid a row between Beijing and the self-ruled island over air routes, a regulatory official said on Friday. Taiwan had not yet approved the applications to add flights during the approaching Lunar New Year holiday because in recent weeks the airlines had used four disputed air routes close to the island, said the official, who asked not to be identified. This month China opened several disputed air routes, including a northbound M503 route in the Taiwan Strait, without informing Taiwan, contravening what the democratic government in Taipei said was a 2015 deal to first discuss such flight paths. Taiwan has expressed concern the new routes are too close to existing routes that link it to airports on two groups of Taiwan-controlled islands lying close to China, and are a threat to flight safety. China has denied safety could be affected, saying it had no need of Taiwan’s approval for new routes. China Eastern Airlines had applied to add 106 flights while Xiamen Airlines, majority-owned by China Southern Airlines, had applied for 70, the official said. The applications were “still under review”, he added. More than 10,000 customers have made bookings for the yet-to-be approved flights, Xiamen Airlines said in an emailed statement that strongly urged Taiwan authorities to comply with popular demand. “While the economic losses caused by these actions to the airlines are small, it will cause much inconvenience to people who want to travel,” it said. China Eastern Airlines declined to comment. The Civil Aviation Administration of China condemned the move, saying again there were no safety issues with the M503 route and warning Taiwan that it would “bear the consequences” of its decision. But Taiwan’s Mainland Affairs Council said in a statement there were real safety risks for flights to Taiwan’s offshore islands, calling for China to accept technical talks on the issue. Ho Shu-ping, the deputy director general of Taiwan’s Civil Aeronautics Administration said Taiwan had asked airlines not to use the route for the time being, but some airlines were still doing so, according to Taiwan media. “On aviation safety there can be no compromise,” she said. The Chinese aviation regulator has previously said the new routes are meant to disperse airspace congestion. China considers Taiwan a wayward province, and snapped official communications after the independence-leaning Democratic Progressive Party took office in 2016. It suspects Taiwan President Tsai Ing-wen wants to push for formal independence, though she has said she wants to maintain the status quo and is committed to ensuring peace. Reporting by Jeanny Kao in TAIPEI and Brenda Goh in SHANGHAI; Additional Reporting by Jess Macy Yu in TAIPEI Ben Blanchard in BEIJING; Editing by Simon Cameron-Moore, Clarence Fernandez and Richard Balmforth | NEWS-MULTISOURCE |
13. Sagan Peek
13.1. What is “saganpeek”
saganpeek is a utility that allows you to “peek” into Sagan memory. The utility reads the Sagan mmap() files. It displays the data Sagan is currently using for after, threshold, flexbits and xbits. This information can be useful in debugging Sagan or simply to view what values are currently in memory. Running saganpeek from the command line without any flags will show all “active” data in memory.
** Note: saganpeek will not display data in Redis. For example, if you are using Redis for xbits or flexbits, this data will not be displayed**
saganpeek –help flags:
--[ saganpeek help ]---------------------------------------------------------
-t, --type threshold, after, xbit, track, all (default: all)
-h, --help This screen.
-i, --ipc IPC source directory. (default: /var/sagan/ipc)
13.2. Building “saganpeek”
After building Sagan, simply change into the tools/ directory and run make and then make install. | ESSENTIALAI-STEM |
Loeb: Trump brought back stock-picking, just in time to save it
Stock-picking is back from the dead, as the Trump administration is set to step up government spending, Third Point's Dan Loeb said in his fourth-quarter investor letter. "This environment is undoubtedly better for active investing — just as active investing was considered to be on its deathbed," the hedge fund manager said in a Wednesday letter. "Higher rates will create opportunities, reversing the one-way trade in yields that dampened the past few years." President Donald Trump has promised to cut taxes and remove regulations, and hopes of a positive effect on growth accelerated stock market gains after his election. "Winners and losers will be impacted by policies created by the Trump administration's actions and the world's reactions to them," Loeb said. "While the markets have moved since the election, we do not believe that investors have digested how different things will be." The activist said markets will continue to do well if the administration fulfills its promises, while wages continue to rise and overall growth picks up. Other market strategists have also said that 2017 is the year stock picking, or active money management, can increase investment returns after suffering amid a shift toward passive investment. The president's proposed changes have already driven a shift in terms of which segments of the markets are doing well.The financial sector extended gains to reach highs not seen since before the financial crisis. On the other hand, bets on very low Treasury yields and better returns from so-called defensive sectors such as utilities began to reverse. Utilities are down 1.5 percent since the election as the worst performing sector in the S&P 500, while financials are up 16.7 percent as the top performer. But for the new president, Loeb said, "it will be tough to #MAGA [Make America Great Again] if the stock market is faring poorly. This is not a simple task. " | NEWS-MULTISOURCE |
tests/testthat/test-sample.R
library(testthat)
library(rpf)
context("sample")
unfactor <- function(data) {
for(s in ls(data)) {
if (is.factor(data[[s]])) {
data[[s]] <- unclass(data[[s]])
}
}
}
compare.df <- function(df1, df2) {
df1 <- unfactor(df1)
df2 <- unfactor(df2)
expect_identical(dim(df1), dim(df2))
expect_identical(df1, df2)
}
set.seed(1)
test_that("1 dimensional items", {
i1 <- rpf.drm()
i1.p <- rpf.rparam(i1, version=1)
i2 <- rpf.nrm(outcomes=3)
i2.p <- rpf.rparam(i2, version=1)
data <- rpf.sample(3, list(i1,i2), list(i1.p, i2.p))
compare.df(unclass(data), data.frame(i1=c(2,1,1), i2=c(3,3,3)))
data <- rpf.sample(runif(3), list(i1,i2), list(i1.p, i2.p))
compare.df(unclass(data), data.frame(i1=c(2,1,2), i2=c(3,2,3)))
})
test_that("multidimension, no design", {
set.seed(1)
numItems <- 3
items <- vector("list", numItems)
correct <- vector("list", numItems)
i1 <- rpf.drm(factors=2)
for (ix in 1:numItems) {
items[[ix]] <- i1
correct[[ix]] <- rpf.rparam(i1, version=1)
}
data <- rpf.sample(3, items, correct)
expect_identical(c(simplify2array(data)),
c("2", "1", "2", "2", "1", "1", "1", "2", "2"),
info=paste(deparse(simplify2array(data)), collapse="\n"))
})
test_that("1d and 2d", {
numItems <- 4
i1 <- rpf.drm()
i2 <- rpf.drm(factors=2)
items <- vector("list", numItems)
for (ix in seq(1,numItems,2)) items[[ix]] <- i1
for (ix in seq(2,numItems,2)) items[[ix]] <- i2
correct <- lapply(items, rpf.rparam, version=1)
data <- rpf.sample(4, items, correct)
expect_true(all(dim(data) == c(4,4)))
})
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rpf documentation built on Oct. 20, 2021, 9:06 a.m. | ESSENTIALAI-STEM |
First Advisor
Luis A. Ruedas
Date of Publication
Winter 4-21-2013
Document Type
Thesis
Degree Name
Master of Science (M.S.) in Biology
Department
Biology
Language
English
Subjects
Wind power -- Environmental aspects, Birds -- Effect of wind power plants on, Wind turbines -- Environmental aspects, Geospatial data
DOI
10.15760/etd.197
Physical Description
1 online resource (v, 145 pages)
Abstract
The Altamont Pass Wind Resource Area (Altamont) near Livermore, California is the oldest and largest wind farm in the United States. It is known as a location of high avian mortality, especially for diurnal raptors such as the Golden Eagle (Aquila chrysaetos). Using the avian monitoring data collected at Altamont for over thirteen years (1998-2003, 2005- 2011), records were analyzed of 134 golden eagle deaths caused by wind turbine collisions. All wind turbines present during the same temporal range were characterized according to turbine variables, and geographic placement characteristics. Values of turbines that killed golden eagles were compared to values of turbnes that did not. It was discovered that turbines that have killed golden eagles (kill turbines) share characteristics that are significantly different from those that have not. Kill turbines are more often situated on lattice structure towers, have larger rotor blade-swept areas, placed in less dense turbine arrays, are further away from the next nearest turbine and are less often placed on top of ridgelines compared to nonkill turbines. Finally, kill turbines are more often situated at the end of a turbine row than are nonkill turbines. The differences between kill and nonkill turbine model, hill slope, tower height, generating capacity, array diversity, row count of turbines and placement in a hill saddle were found to be not significant. These findings support in part, earlier turbine studies at Altamont, but do not concur with all previous findings. The methods used in this study can be applied to any bird species at Altamont and at any wind resource area throughout the world. As the wind industry continues to grow, techniques used in studies such as this are an important tool that can be used to direct wildlife conservation policies.
Rights
In Copyright. URI: http://rightsstatements.org/vocab/InC/1.0/ This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s).
Persistent Identifier
http://archives.pdx.edu/ds/psu/9374
ApingerDataFinal.csv (5336 kB)
Supplementary Data
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Search:
Gentoo Wiki
Bluetooth_keyboard
This guide will explain how to set up the aluminum Apple keyboard with Gentoo Linux.
Contents
The Keyboard
Image:Apple_aluminum_keyboard.jpg
The keyboard automatically powers down when you’re not using it and turns on instantly as soon as you start typing. This intelligent power management means you’ll get up to nine months of battery life based on average usage patterns. It also has an on/off switch for when you’re away from your computer for a long time.
It takes 3 'AA' batteries.
To turn it on you just need to press the power button on the right hand side once. To turn it off press and hold the power button until the light goes off.
When the keyboard is off the green light is off, when the keyboard is on the green light is off. When the keyboard is ready to be connected, paired or used for the first time since being turned on and connected, the green light flashes.
Use flags
Make sure you have 'INPUT_DEVICES="keyboard mouse evdev"' in your '/etc/make.conf':
File: /etc/make.conf
...
INPUT_DEVICES="keyboard mouse evdev"
...
Installing BlueZ
I am assuming you already have a Linux compatible Bluetooth dongle. You first need to install BlueZ this provides Linux with the core Bluetooth layers and protocols.
# emerge net-wireless/bluez-libs
# emerge net-wireless/bluez-utils
Then you need to start BlueZ and tell it to start on boot:
# /etc/init.d/bluetooth start
# rc-update add bluetooth default
Note: This guide is only for BlueZ libs and utils v2.25-r1. Versions after that do not have the 'hidd' and 'bluepin' tools as they work differently (but no one seems to know how!) If you have to use a later version you could try emerging it with the 'old-daemons' flag.
Configuring BlueZ
Turn your keyboard on, the green light should be flashing, then scan for it and note down its hardware address:
$ hcitool scan
You should get an output like this (where 'xx:xx:xx:xx:xx:xx' is your keyboards hardware address):
Scanning ...
xx:xx:xx:xx:xx:xx Apple Wireless Keyboard
There are three configuration files you need to edit;
/etc/bluetooth/pin
/etc/bluetooth/hcid.conf
/etc/conf.d/bluetooth
Open '/etc/bluetooth/pin' with your favorite editor and enter 4 random numbers eg.
# nano /etc/bluetooth/pin
File: /etc/bluetooth/pin
1234
Note: I'm not sure if editing this first file is necessary, you will need to enter a pin to pair with your keyboard later but I think it is independent of this file - perhaps someone could clarify?.
Open '/etc/bluetooth/hcid.conf' in your favorite editor and add the options specifically for your keyboard by adding the following stanza:
# nano /etc/bluetooth/hcid.conf
File: /etc/bluetooth/hcid.conf
}
device xx:xx:xx:xx:xx:xx {
name "Apple Wireless Keyboard";
auth enable;
encrypt enable;
}
Open '/etc/conf.d/bluetooth' in your favorite editor and make sure it contains these entries:
# nano /etc/conf.d/bluetooth
File: /etc/conf.d/bluetooth
# Start of hcid (allowed values are "true" and "false")
HCID_ENABLE=true
...
# Start hidd (allowed values are "true" and "false")
HIDD_ENABLE=true
# Arguments to hidd
HIDD_OPTIONS="--connect xx:xx:xx:xx:xx:xx"
...
That's it! Give BlueZ a restart and you should be ready to pair and use your shiny silver keyboard...
# /etc/init.d/bluetooth restart
Pairing
Restart the keyboard using the switch on the side (power off and on) to make it discoverable. Do not hit any keys on your Apple Keyboard unless this guide says so. It might cause all sorts of strange trouble during the pairing procedure. Right after restarting the keyboard, run the following command:
# hidd --connect xx:xx:xx:xx:xx:xx
hidd will now try to connect to the keyboard. Enter a 4 digit PIN and hit the enter key (both on your Apple Keyboard). Right after hitting enter, you will be asked by 'bluepin' for the PIN you just entered. Enter it (on your old keyboard). "hidd" should finish without further outputs. You should now be set up.
Using your keyboard
Turning the keyboard on before it has connected will cause the green light to flash. So if you turn it on as your computer is booting, this is normal. I find it will continue to flash until I use it for the first time (say on the login screen). However, if the keyboard stays in this state for too long you will need to restart it again before you can use it. Once it has been used there seems to be no problem with it coming in and out of sleep mode.
X11
Note: If you have problems configuring X11 (xorg.conf), this forum thread may help: http://forums.gentoo.org/viewtopic-t-669686.html
Check to see if evdev is working with your keyboard and note its event no.
$ cat /proc/bus/input/devices
I: Bus=0005 Vendor=05ac Product=022d Version=0136
N: Name="PHYSICAL NAME OF YOUR KEYBOARD"
P: Phys=xx:xx:xx:xx:xx:xx
S: Sysfs=/class/input/input5
U: Uniq=xx:xx:xx:xx:xx:xx
H: Handlers=kbd event5
B: EV=12001b
B: KEY=10000 0 0 1 1007b00010007 ff9f217ac14057ff febeffdfffefffff fffffffffffffffe
B: ABS=10000000000
B: MSC=10
B: LED=1f
You now need to amend you '/etc/X11/xorg.conf' file, use below as an example"
File: /etc/X11/xorg.conf
Section "ServerLayout"
...
InputDevice "Apple Inc. Keyboard" "SendCoreEvents"
...
EndSection
...
Section "InputDevice"
Identifier "Apple Inc. Keyboard"
Driver "evdev"
#Option "Device" "/dev/input/event7" # (cat /proc/bus/input/devices)
Option "Name" "Apple Inc. Keyboard" # (cat /proc/bus/input/devices)
Option "Phys" "xx:xx:xx:xx:xx:xx" # (cat /proc/bus/input/devices)
Option "XkbRules" "xorg"
Option "XkbModel" "macintosh"
Option "XkbLayout" "gb"
Option "XkbVariant" "mac"
EndSection
...
Note: You will notice the "Device" option is commented out, it is not recommended you use this option but if you're having problems try using it instead of the "Name" or "Phys" options. It is really only needed if you are not using HAL.
Number pad
Problem: your number pad isn't working.
Symptoms: enabling numlock doesn't enable the number pad, but converts the right half of the standard keys into a number pad.
This is a heavy-handed solution. It will enable the number pad unless you turn numlock on. Edit ~/.xmodmap as follows:
File: $HOME/.xmodmap
keycode 157 = KP_Equal
keycode 79 = KP_7
keycode 80 = KP_8
keycode 81 = KP_9
keycode 82 = KP_Subtract
keycode 83 = KP_4
keycode 84 = KP_5
keycode 85 = KP_6
keycode 86 = KP_Add
keycode 87 = KP_1
keycode 88 = KP_2
keycode 89 = KP_3
keycode 90 = KP_0
keycode 91 = KP_Decimal
This may not be necessary as of kernel version 2.6.27. Also, this was only tested with the wired version of the Apple aluminum keyboard; check xev if you're not sure about the keycodes.
KDE
KDEBluetooth
Note: I would only recommend doing this after you have got your keyboard working with BlueZ.
To give you a graphical representation of what your Bluetooth connections are up to you can install and run 'KDEBluetooth';
# emerge net-wireless/kdebluetooth
$ kbluetoothd
When it is running you should see a Bluetooth icon in your panel. To finish configuring, right click and go to 'configuration' > 'Paired devices' > 'File location setup' and set the 'Link key file to '/var/lib/bluetooth/YOUR DONGLE'S HW ADDRESS/linkkeys'
Keyboard Layout
To setup the correct keyboard layout just load up the KDE control center, go to 'Regional & Accessibility' > 'Keyboard Layout'.
To set up the correct keyboard shortcuts just load up the KDE control center, go to 'Regional & Accessibility' > 'Keyboard shortcuts'.
Volume buttons
Play/track buttons
Troubleshooting
I found it would only connect when my USB dongle was in a specific USB port, even of the same chipset. My only guess is that it is a power issue.
Anyway, if strange things happen when you have connected, like repeated keys, or you can't connect. Try a different USB port and restart Bluetooth.
Retrieved from "http://www.gentoo-wiki.info/Bluetooth_keyboard"
Last modified: Thu, 31 Jul 2008 21:13:00 +0000 Hits: 4,464 | ESSENTIALAI-STEM |
3.1 Getting Started
Under UNIX, SICStus Prolog is normally started from one of the shells. On other platforms, it is normally started by clicking on an icon. However, it is often convenient to run SICStus Prolog under GNU Emacs instead. A GNU Emacs interface for SICStus Prolog is described later (see Emacs Interface). From a shell, SICStus Prolog is started by typing:
% sicstus [options] [-a argument...]
where options have the following meaning:
-f
Fast start. Don't read any initialization file on startup. If the option is omitted and the initialization file exists, SICStus Prolog will consult it on startup after running any initializations and printing the version banners. The initialization file is .sicstusrc or .sicstus.ini in the users home directory, i.e. ~/.sicstusrc or ~/.sicstus.ini. See Input Output, for an explanation of how a file specification starting with `~/' is interpreted.
-i
Forced interactive. Prompt for user input, even if the standard input stream does not appear to be a terminal.
--iso
--sicstus
Set the initial value of the language, i.e. select ISO Prolog or SICStus Prolog mode respectively. The flag is set before any prolog-file or initialization file is loaded or any saved-state is restored.
--noinfo
Start with the informational Prolog flag set to off initially, suppressing informational messages. The flag is set before any prolog-file or initialization file is loaded or any saved-state is restored.
--nologo
Start without the initial version message.
-m
For compatibility with previous versions. Ignored.
-l prolog-file
Ensure that the file prolog-file is loaded on startup. This is done before any initialization file is loaded. Only one -l option is allowed.
-r saved-state
Restore the saved-state saved-state on startup. This is done before any prolog-file or initialization file is loaded. Only one -r option is allowed.
--goal Goal
Read a term from the text Goal and pass the resulting term to call/1 after all files have been loaded. As usual Goal should be terminated by a full stop (`.'). Only one --goal option is allowed.
-a argument...
where the arguments can be retrieved from Prolog by prolog_flag(argv, Args), which will unify Args with argument... represented as a list of atoms.
-B[abspath]
Creates a saved-state for a development system. This option is not needed for normal use. If abspath is given, it specifies the absolute pathname for the saved-state. Please note: There must not be a space before the path, lest it be interpreted as a separate option.
-R[abspath]
Equivalent to the -B option, except that it builds a saved-state for a runtime system instead.
Under UNIX, a saved-state file can be executed directly by typing:
% file argument...
This is equivalent to:
% sicstus -r file [-a argument...]
Please note: As of release 3.7, saved-states do not store the complete path of the binary sp.exe. Instead, they call the main executable sicstus, which is assumed to be found in the shell's path. If there are several versions of SICStus installed, it is up to the user to make sure that the correct start-script is found.
Notice that the flags are not available when executing saved-states—all the command-line arguments are treated as Prolog arguments.
The development system checks that a valid SICStus license exists and, unless the --nologo option was used, responds with a message of identification and the prompt `| ?- ' as soon as it is ready to accept input, thus:
SICStus 3.12.11 ...
Licensed to SICS
| ?-
At this point the top-level is expecting input of a query. You cannot type in clauses or directives immediately (see Inserting Clauses). While typing in a query, the prompt (on following lines) becomes ` '. That is, the `| ?- ' appears only for the first line of the query, and subsequent lines are indented. | ESSENTIALAI-STEM |
John Fergus O'Hea
John Fergus O'Hea (c. 1838 – 2 September 1922) was an Irish political cartoonist who sometimes published under the pseudonym Spex. Born in Cork, he was the son of James O'Hea, a barrister who was active in the Young Ireland movement and had been secretary to Daniel O'Connell. He attended the Cork School of Design, and painted trade union banners for Cork parades in the 1860s, 70s and 80s.
As a cartoonist, his early work appeared in the Dublin Weekly News, a nationalist newspaper, in the late 1860s. In 1870 he co-founded the humorous magazine Zozimus, an Irish answer to Punch, with journalist A. M. Sullivan. O'Hea was chief artist and drew the covers. In its second year Richard Dowling became editor. Other cartoonists who contributed included Harry Furniss and Wallis Mackay. O'Hea also drew cartoons for the European Civiliser in the early 1870s. In 1872, after Zozimus folded, he moved to London and contributed to an Irish-run magazine called Tomahawk, which only lasted a few issues.
Back in Dublin in 1874, O'Hea, Dowling and Edwin Hamilton founded Ireland's Eye. After the style of Vanity Fair, each issue featured a colour caricature of a notable person, drawn by O'Hea under the name "Spex". Two editions of each issue were published, one at 6d with the cartoon in colour, the other at 3d with the cartoon in black and white. Ireland's Eye closed in 1876, after which O'Hea and Hamilton revived Zozimus as Zoz. O'Hea drew a full or double page cartoon in each issue until it too folded two years later. In 1879 O'Hea and Hamilton launched a new magazine, Pat, which ran until 1883 and also featured cartoons by Thomas Fitzpatrick.
In the 1880s O'Hea contributed a large colour weekly political cartoon to the Weekly Freeman, a weekly nationalist newspaper. He also drew cartoons for The Nation, and created poster-sized lithographs for the Christmas issues of magazines such as the Shamrock, Young Ireland and The Sunshine. He was on staff at the Weekly Freeman from 1893 to 1896. In January 1897 he delivered an illustrated lecture on "Irish Caricaturists and Cartoonists" to the Irish Literary Society in London.
For a time O'Hea was manager of the pictorial department of the Evening Telegraph. He lived in London from the 1893 until his death. Towards the end of his career, in 1914–15, he drew cartoons for Thomas Fitzpatrick's magazine The Lepracaun, during Fitzpatrick's final illness.
O'Hea's talents were highly regarded, even by those who did not share his nationalist politics. In 1883 the conservative British journal St. Stephen's Review described O'Hea as an "out-and-out nationalist", but also as "one of the cleverest artists in the three kingdoms" who "could be making his thousands per annum if he cared to live in London, where he is well known and highly thought of;" instead he "draws his most marvellous cartoons for the most miserable of Irish comic papers." In 1890 William Ewart Gladstone gave "a high testimony to the ability and principle of the Weekly Freeman artist" and described his pencil as "directly guided by a spirit of patriotism". | WIKI |
3 Smart Social Security Moves Anyone Can Make
If you're not already receiving regular Social Security payments, you probably will be one day, and if you want to be smart about it by reaping as much as you can, don't simply leave things up to chance.
The income you'll receive from Social Security isn't set in stone -- there are things you can do and decisions you can make today that will determine the size of your eventual benefit checks. Here are three smart Social Security moves you should make.
No. 1: Don't count on Social Security to support you
For starters, don't assume that Social Security will be enough, or almost enough, to support you in retirement. The program was designed to replace about 40% of pre-retirement income, though that percentage will vary a bit depending on your income level.
Despite the purpose of Social Security being a savings supplement, since many Americans retire with far less money than they need, Social Security becomes a vitally important income source for many. According to the Social Security Administration (SSA), 21% of married elderly Social Security beneficiaries and 44% of unmarried ones get 90% or more of their income from the program, while 48% of married elderly Social Security beneficiaries and 69% of unmarried ones get 50% or more of their income from it.
So what, exactly, can you expect to collect? Well, the average monthly Social Security retirement benefit was recently $1,467, or about $17,600 annually, but you'll collect more if your earnings history puts you above average. Still, it won't be a princely sum: The maximum monthly benefit for those retiring at their full retirement age (FRA) in 2019 is $2,861 -- $34,000 for the year.
You'll likely need additional income from your own savings in tax-advantaged retirement accounts and brokerage accounts, or, additional sources like pension income, fixed-income investments, or annuities. You may even need to work in retirement to make ends meet, but be sure to know about the earnings test if you plan to continue earning wages while you collect benefits.
No. 2: Aim to beef up your benefits
To get the most precise estimate of how much you can expect to collect from Social Security, set up a "my Social Security" account on SSA.gov , if you haven't already. Once you log in, you can view the SSA's record of your income and taxes paid into the Social Security system, along with estimates of your future benefits. It's good to check those records regularly, to make sure your earnings and taxes paid are correct. If they're not, you might end up receiving smaller benefit checks than you've earned.
Meanwhile, there are a handful of ways for you to increase your Social Security benefits .
Start with the age you'll start claiming benefits. You can collect benefits as early as age 62 and as late as age 70. For every year you delay collecting beyond your full retirement age (FRA), which is 66 or 67 depending on your birth year, your benefits are boosted by 8% -- until age 70. So delaying from age 67 to 70 can make your checks about 24% fatter -- enough to turn a $2,000 monthly check into a $2,480 one.
Of course, if you start collecting early, your benefit checks will be smaller -- but don't dismiss the possibility of collecting early. Yes, the checks will be smaller, but you'll get many more of them. The system is designed so that people who live average-length lives will collect about the same amount no matter when they start collecting. For many people, it can actually be best to start collecting at age 62 .
You can also aim to work for at least 35 years, because the formula that computes your benefits is based on your earnings in your 35 most profitable years (inflation-adjusted). If you only earned income during 29 years, the formula incorporates six zeros, which results in smaller checks than you would have received otherwise.
You also want to have as many high-earning years as possible. If you're currently earning much more than you have in the past (on an inflation-adjusted basis), even if you've already worked 35 years, you might consider working for another year or two, as each high-earning year will kick out a low-earning year, which in turn boosts your benefits which are based on average indexed monthly earnings (AIME).
No. 3: Coordinate plans with your spouse
Finally, be sure to coordinate your Social Security strategy smartly with your spouse . Depending on each of your ages and your earnings histories, there are various strategies you could employ.
For example, the lower-earner starts collecting sooner, while the higher earner delays collecting the benefits. That allows those already-larger benefits to swell larger, and gives the two of you some income earlier, while you wait for the bigger checks to come later. Also, should one of you pass away, the other will be able to collect the higher benefit of the two, and having made one as large as possible will be helpful.
The more you learn about Social Security , the more you might get out of it -- and that could make a meaningful difference in your retirement.
The $16,728 Social Security bonus most retirees completely overlook
If you're like most Americans, you're a few years (or more) behind on your retirement savings. But a handful of little-known "Social Security secrets" could help ensure a boost in your retirement income. For example: one easy trick could pay you as much as $16,728 more... each year! Once you learn how to maximize your Social Security benefits, we think you could retire confidently with the peace of mind we're all after. Simply click here to discover how to learn more about these strategies .
The Motley Fool has a disclosure policy .
The views and opinions expressed herein are the views and opinions of the author and do not necessarily reflect those of Nasdaq, Inc.
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 |
Stara Banja
Stara Banja (Starabajë) is a village in the municipality of Medveđa, Serbia. According to the 2002 census, the village has a population of 91 people. Of these, 41 (45,05 %) were ethnic Albanians, 36 (39,56 %) were Serbs, 5 (5,49 %) Montenegrins, 1 (1,09 %) Muslim and 8 others. | WIKI |
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