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Salomão Barbosa Ferraz
Salomão Barbosa Ferraz (18 February 1880 – 11 May 1969) was a Brazilian Roman Catholic priest and bishop whose career took him through membership of several Christian denominations from the Presbyterian Church to the Roman Catholic Church.
Biography
Ferraz was born in Jaú, Brazil on February 18, 1880. Originally a Presbyterian minister, Barbosa Ferraz was ordained an Anglican priest in 1917. He founded an ecumenical society, the "Order of Saint Andrew", in 1928, and was instrumental in organising a 'Free Catholic Congress' in 1936.
At the close of this event he established a "Free Catholic Church" and was elected as the church's first bishop. The Second World War halted his plans to be consecrated bishop by European Old Catholics, but Salomão Barbosa Ferraz was eventually consecrated by Carlos Duarte Costa following this bishop's excommunication by the Vatican in 1945. Barbosa Ferraz was also a member of Freemasonry.
Salomão Barbosa Ferraz in turn consecrated Manoel Ceia Laranjeira for the Free Catholic Church of Brazil in 1951, but sought reception into the Roman Catholic Church, which he achieved under Pope John XXIII, leaving Manoel Ceia Laranjeira at the head of the Free Catholic Church, then renamed the Independent Catholic Apostolic Church in Brazil.
In 1959, Ferraz was received into the Roman Catholic Church. His reception met with some resistance and confusion in Rome, where it had been assumed that he was widowed or chaste. He was eventually named titular bishop of Eleutherna in 1963 and took part in the Second Vatican Council. Bishop Ferraz died in 1969, leaving a wife and seven children.
Ferraz was a rare example of a legally accepted married bishop in the modern Roman Catholic history.
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WIKI
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Pedro Monteiro (swimmer)
Pedro Monteiro (born July 22, 1975 in Rio de Janeiro) is a butterfly swimmer from Brazil.
In 1996, Monteiro was a few hundredths of the index in the 200-metre butterfly for the 1996 Summer Olympics in Atlanta, but he did not qualify. In the end of the year, he broke his first (and only) South American record, the 200-metre butterfly in short course at José Finkel Trophy, with a time of 1:56.95.
He was at the 1997 FINA World Swimming Championships (25 m), where he finished 8th in the 200-metre butterfly final.
Participating in the 1998 World Aquatics Championships in Perth, he got the 18th place in the 200-metre butterfly, and 38th in the 100-metre butterfly.
Participating in the 2002 FINA World Swimming Championships (25 m) in Moscow, he finished 13th in the 200-metre butterfly.
At the 2002 Pan Pacific Swimming Championships in Yokohama, he finished 8th in the 200-metre butterfly, and 14th in the 100-metre butterfly.
After a period of training and study in the United States, he returned to Brazil and managed content for the 2003 World Championships and 2003 Pan Am Games.
At the 2003 World Aquatics Championships in Barcelona, Monteiro finished 18th in the 200-metre butterfly.
He won the bronze medal in the 200-metre butterfly at the 2003 Pan American Games in Santo Domingo, Dominican Republic, just behind his teammate and countryman Kaio de Almeida.
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WIKI
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Issue #296 resolved
Handling of \everydisplay/\everymath by \donotcoloroutermaths/\donotcolorouterdisplaymaths
jfbu
created an issue
I wish to point out that any non-beamer material put by the user or a package in \everydisplay is made inoperative by \donotcolorouterdisplaymaths which is added by beamer in beamerbasecolor.sty to many environments:
\newcommand\donotcolorouterdisplaymaths{%
\everydisplay{\everydisplay{\beamer@setdisplaymathcolor}}}
It appears that the intention is to preempt the following definitions made by beamer:
\AtBeginDocument
{
\everymath\expandafter{\the\everymath\beamer@setmathcolor}
\everydisplay\expandafter{\the\everydisplay\beamer@setdisplaymathcolor}
}
These definitions respect user/package stuff put in \everymath/\everydisplay. But the definition in \donotcoloroutermaths and \donotcolorouterdisplaymaths do not. Could it be possible to follow another strategy like for example:
\let\beamer@colorhackprefix\relax
\newcommand\donotcoloroutermaths{\def\beamer@colorhackprefix ##1{\def\beamer@colorhackprefix ####1{\let\beamer@colorhackprefix\relax}}}
\newcommand\donotcolorouterdisplaymaths{\def\beamer@colorhackprefix ##1{\def\beamer@colorhackprefix ####1{\let\beamer@colorhackprefix\relax}}}
\AtBeginDocument
{
\everymath\expandafter{\the\everymath\beamer@colorhackprefix\beamer@setmathcolor}
\everydisplay\expandafter{\the\everydisplay\beamer@colorhackprefix\beamer@setdisplaymathcolor}
}
This proposal is a little bit of guess work, its aim is to preserve non-beamer contents in \everymath/\everydisplay. Perhaps there should be a mathprefix and a displayprefix.
Nota Bene: the motivation is compatibility with package mathastext, which puts important stuff in \everydisplay and \everymath.
JF B.
Comments (3)
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ESSENTIALAI-STEM
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Do Sweatbands Work for Losing Weight？
Wearing sweatbands on your torso can be an active decision for you to lose weight and flatten your abdominal area for a better physical look. According to some medical experts, sweatbands are ineffective for weight loss, but there are others who are for it. They think that if you wear these garments during a workout, you will have a higher chance of burning more fat in this part of your body. There are hundreds of people who can vouch for the effectiveness of sweatbands while there are also others who doubt if they indeed work.
A lot of speculations from fitness experts discuss that sweatbands can only make you sweat profusely but not burn the fats in your tummy. This is because it doesn’t target calorie burning, just excreting the sweat that your body takes from drinking water. Also, when you exercise using sweatbands, you will most likely feel uncomfortable, and instead of exercising for 2 hours, you will feel trapped and maybe just finish a 30-minute routine. You may have noticed that when your body is wrapped in sweatbands, you don’t feel free to move which can impede your workout. Of course, losing weight is also a product of your self-control, so when you think of it this way, you will endure wearing uncomfortable sweatbands to achieve the results that you want.
One good factor to consider when using sweatbands is that it actually makes you eat less food because they control the tightness in your stomach area. This will make you think twice when eating or binging on food because it will feel like you would want to throw up just so that you will feel more comfortable afterward.
For people who want to give sweatbands a try, you can use heated sweatbands for maximum results. Even if you are not exercising, you will still perspire because of the heat that the sweatband will induce in your body especially your abdominal area. Your goal is to lose a significant amount of weight, so we recommend combining exercise with this sweatband strategy. If you are determined to lose a few inches off your waist, doing cardio exercises while wearing these sweatbands will really be helpful.
Repetition of exercise can be boring, but this type of workout will usually yield long-term results. While wearing your sweatbands, you have to exercise so that the same muscles are targeted consistently regularly, and your abdomen will also be able to burn the calories that accumulate in this area.
When you wear heated sweatbands, you have to make sure that it has breathable fabric. You are in danger of suffocation if you wear it and adjust it tightly while you torture yourself with exercise that you can’t handle. We think that the key to this type of training to be successful is moderation. Don’t push yourself beyond your limits. Improve on a daily basis. Don’t squeeze a 6-hour workout in just one day while wearing sweatbands. That is not the healthy way to go.
Sweatbands can help you lose weight when you do it right. Of course, the proper diet will also come into play. Maybe you can reduce your calorie intake by ¼ if your body can handle it. If you are really keen on the proper lifestyle and the healthy way to lose and burn your fats, you should talk to a doctor or nutritionist for professional advice. Remember, sweating more doesn’t mean you ‘ll lose more weight, but the risk of losing fluids and dehydration will highly increase.woman wearing jeans
If you want to do it the natural way, you can be strategic with your daily eating habit. You have to choose the food that is healthy and can boost your energy because admit it, if you eat a lot of carbos, you will feel sluggish and wearing your sweatbands will be just a difficult thing to do. It takes a while for you to see noticeable results and you should be patient because if you only wear sweatbands for less than a month, you will not see the difference that you are looking for.
Indeed, sweatbands seem like a sauna belt because while you are wearing them, you will feel the heat like in a steam room. Your sweat will automatically go out of your body, and this can be an inconvenience if you are the sort of person who sweats easily. When you go inside the office, and you perspire profusely in an air-conditioned environment, it can be unhealthy for you. Your sweat can dry out. You may feel dehydrated that’s why it’s important to drink tons of water while on your sweatbands as well. Although your tummy will expand with drinking water, you will still be able to regulate the movement.
Precautions of Using Sweatbands
1. Using sweatbands may be increased perspiration, which can lead to dizziness, confusion, electrolyte imbalance, weakness, or even death.
2. Keeping your stomach tightly wrapped can lead to serious health problems, such as causing your organs to move or limiting blood flow to your organs, including the intestines and kidneys.
3. Don’t use chemical detergents to wash your sweatbands, which will destroy their quality.
If you have severe skin allergies, avoid wearing sweatbands.
4. Strictly limited the time, as the excessive usage may affect your health.
5. Don’t use sweatbands immediately after having a meal.
Highly Recommended Sweatbands
Bracoo Waist Trimmer
This trimmer efficiently maintains body heat, increases lumbar sweating, compresses and supports core muscle enhancement while reducing fatigue and stress. Made of high quality 100% latex-free neoprene to improve the durability of this product.
Top advantages
• It burns more calories, efficiently isolating and raising the temperature of the abdominal core, thereby increasing heart rate and sweat around the waist.
• It improves core stability, reduces excessive exercise and energy leakage when exercising, and reduces muscle damage during training or exercising.
Conclusionbeautiful woman standing outside
The decision to wear sweatbands is yours. You must set your mind on realistic expectations. You cannot expect a miracle to happen. It is essential that you are patient with using sweatbands and you also have to accept the fact that it may not work for you just as it has worked for other people. When you work out, set a goal that you can check so that you can monitor your progress. In this way, you can make a decision later on if you are willing to continue it or not.
When you do it correctly, you will most likely achieve the physical look that you want. You cannot also discount the fact that when you wear sweatbands and do your diet and exercise, you can be on your way to a healthy lifestyle until such time when you will no longer be needing sweatbands. When you keep an open mind about this, you can also reach your goals. It is necessary that you don’t fool yourself with lofty goals that are not in alignment with your weight loss methods.
You can’t expect everything to run smoothly if you put your body in torture mode. Make sure that you sweatband has the right fit and you will not feel like your catching your breath every time you are wearing it. You will have to embrace a healthier lifestyle such as eating the right type of food and exercising on a more frequent basis. A new life begins for you if you burn calories properly through sweatbands.
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ESSENTIALAI-STEM
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What was ancient Greece society like?
Greek Society was mainly broken up between Free people and Slaves, who were owned by the free people. … Although many slaves lived closely with their owners, few were skilled craftsmen and even fewer were paid. As Athenian society evolved, free men were divided between Citizens and Metics.
The Athenian form of electing a government was called Limited Democracy while the Spartan form was called oligarchy” (rule by a few), but it had elements of monarchy (rule by kings), democracy (through the election of council/senators), and aristocracy (rule by the upper class or land owning class).
The ancient Greeks implemented their values of loyalty, glory, intelligence and hospitality into everyday life. While these values may seem simple, they effectively shaped an entire civilization into a culture that is one of the most referenced in history.
What caused the fall of Greece?
Here are some of the primary causes: Greece was divided into city-states. Constant warring between the city states weakened Greece and made it difficult to unite against a common enemy like Rome. The poorer classes in Greece began to rebel against the aristocracy and the wealthy.
What is the Greek era?
The term “classical Greece” refers to the period between the Persian Wars at the beginning of the fifth century B.C. and the death of Alexander the Great in 323 B.C. The classical period was an era of war and conflict—first between the Greeks and the Persians, then between the Athenians and the Spartans—but it was also …
What are the similarities and differences between Athens and Sparta?
One of the main ways they were similar was in their form of government. Both Athens and Sparta had an assembly, whose members were elected by the people. Sparta was ruled by two kings, who ruled until they died or were forced out of office. Athens was ruled by archons, who were elected annually.
Is Athens or Sparta better?
Sparta is far superior to Athens because their army was fierce and protective, girls received some education and women had more freedom than in other poleis. … The Spartans believed this made them strong and better mothers. Lastly, Sparta is the best polis of ancient Greece because women had freedom.
What are the 5 Greek values?
The Greeks valued beauty, art, intellect, honor, and truth; the list is long. Some of these values are shown through the story of the Odyssey, which tells of the adventures of Odysseus and his family.
Is Greek a collectivistic?
At a score of 35 Greece is a collectivist culture, “we” defined, which means that in this country people from birth onwards are integrated into the strong, cohesive in-group (especially represented by the extended family; including uncles, aunts, grandparents and cousins) which continues protecting its members in …
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FINEWEB-EDU
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Tag Archives: testability
First refactoring of the WinForms UI example
The hello world UI example started here is at first sight not optimal to demonstrate the positive effects of UI and app logic separation, since the amount of boilerplate code required to write the viewmodel without using a specialized framework is larger than the savings in the UI logic code. However, the testability of the viewmodel is granted having created the separation. The example also does not contain an explicitly defined model, apart from the “current” DateTime.
Windows Forms have bindings that understand the INotifyPropertyChanged interface, which we can recycle in the first refactoring of the WinForms example.
The complete project can be viewed on GitHub. As you will notice, the viewmodel is shared between this version and the first WPF one.
Only in the Form1_Load event handler of the form is tackled here.
The old code:
Observable.Interval(TimeSpan.FromSeconds(1))
.ObserveOn(this)
.Subscribe(x => textBox1.Text = DateTime.Now.ToLongTimeString());
var textChanged = Observable.FromEventPattern
<EventHandler, EventArgs>(
handler => handler.Invoke,
h => textBox3.TextChanged+= h,
h => textBox3.TextChanged-= h);
textChanged
.ObserveOn(this) // scheduled on the Form's scheduler
.Subscribe(x => textBox2.Text =
textBox3.Text
.Split()
.DefaultIfEmpty()
.Where(s=>s.Trim().Length>0)
.Count()
.ToString());
and the new one:
ViewModels.MyViewModel VM = new ViewModels.MyViewModel();
textBox1.DataBindings.Add("Text", VM, "CurrentTime");
textBox2.DataBindings.Add("Text", VM, "WordCount");
var textChanged = Observable.FromEventPattern
<EventHandler, EventArgs>(
handler => handler.Invoke,
h => textBox3.TextChanged += h,
h => textBox3.TextChanged -= h);
textChanged
.Throttle(TimeSpan.FromSeconds(0.3))
.ObserveOn(this)
.Subscribe(_ => VM.TextInput = textBox3.Text);
1
Still the TextChanged event is used for the update of the viewmodel. The relevant changes are highlighted and are similar to the first WPF version. As you can see, the code is extremely similar to the WPF version.
The updated version instantiates the viewmodel, creates the bindings and subscribes the update of the viewmodel’s text. As a slight responsiveness improvement over the first two versions, the observable TextChanged events are throttled to 0.3 seconds with the idea that the word count is of no interest to the user during typing.
When the application becomes more elaborate, it’s expected that the savings become substantial, especially when using a specialized MVVM framework, such as ReactiveUI. At this stage, there is still no lifetime control of the observable’s subscriptions.
The next step is to start using ReactiveUI for the viewmodel.
1. for a more MVVM approach, see a newer article
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ESSENTIALAI-STEM
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Edward R. Murrow Award (Radio Television Digital News Association)
The Radio Television Digital News Association (formerly the Radio-Television News Directors Association) has been honoring outstanding achievements in electronic journalism with the Edward R. Murrow Awards since 1971. The Murrow Awards recognize local and national news stories that uphold the RTDNA Code of Ethics, demonstrate technical expertise and exemplify the importance and impact of journalism as a service to the community. Murrow Award winning work demonstrates the excellence that Edward R. Murrow made a standard for the broadcast news profession.
Judging
Submissions are judged by a panel of professional journalists. Entries from individual stations are judged regionally. The winners from each region are given a Regional Edward R. Murrow Award and entered into judging for the national awards. National award winners are recognized each October at the RTDNA Edward R. Murrow Awards Gala in New York City. It is possible for the judges to decide that none of the entries in a given category merit an award, in which case none will be offered.
Entry divisions
Starting in 2015 with the addition of student awards, there were nine divisions of National Edward R. Murrow Award winners. There are two divisions of local radio, local television, and online organizations based on the size of the media market they serve. These media market sizes are determined by Nielsen for radio and television.
* Radio Small Market: local radio stations located in markets 50+
* Radio Large Market: local radio stations located in markets 1–50
* Television Small Market: local TV stations located in markets 50+
* Television Large Market: local TV stations located in markets 1–50
* Network Radio: A radio network, syndication service, or program service that programs to multiple markets.
* Network Television: A radio network, syndication service, or program service that programs to multiple markets.
* Small Digital News Organization: 2,499,999 or fewer unique visitors per month.
* Large Digital News Organization: 2,499,999 or more unique visitors per month.
* Student: Anyone enrolled in a high school, college or university in the United States, Canada or any other country.
Categories
The RTDNA website lists the following categories for the Edward R. Murrow Awards.
* Overall Excellence: entry consists of to 40 minutes of examples of the previous year's news coverage and then a single newscast.
* Newscast: One regularly scheduled newscast from the previous year.
* Breaking News Coverage (Previously known as "Spot News"): entry may consist of up to 20 minutes of examples of a station's coverage of a single, unscheduled news event.
* Continuing Coverage: entry may consist of up to 30 minutes of examples showing continuing coverage of a major developing story over an extended period of time during the previous year.
* Feature Reporting: a single report of up to 10 minutes covering a human-interest or profile subject that is not breaking news or investigative in nature.
* Investigative Reporting: entry may consist of up to 15 minutes of examples of journalistic enterprise on an important issue.
* News Documentary: up to 60 minutes of coverage of a single subject reported in a single segment addressing a need or needs in the station's market.
* News Series: coverage of a single subject reported in multiple parts, not to exceed 30 minutes.
* Hard News Reporting: a single hard news report of up to 10 minutes prepared for a newscast that is not breaking news or primarily investigative in nature.
* Sports Reporting: a single packaged report of up to 10 minutes covering a sports-related topic. Anchored segments or stand-alone sports programs and play-by-play are not eligible.
* Excellence in Sound (Formerly 'Use of Sound'): Up to 10 minutes of coverage of a single subject or single segment showing creative use of sound to tell a story.
* Excellence in Video (Formerly 'Use of Video'): an entry up to 10 minutes showing creative use of video to tell a story.
* Writing: up to three examples from the previous year, not exceeding 15 minutes, that demonstrate excellence in writing that conveys the feeling and significance of events to the listener or viewer.
* Multimedia (Formerly 'Website'): up to 15 examples of URLs, including the news organization's home page, which demonstrate exceptional news coverage and journalistic skill.
* Excellence in Innovation (new for 2017): up to 30 minutes of audio or video coverage, or URLS, apps, social feeds, or any other platform that demonstrates an innovative use of content, engagement, technology and/or audience experience.
* Excellence in Social Media (new for 2017): up to 10 examples of URLs, apps, or other platforms that demonstrate the exceptional use of social media as evidenced by the quality of journalism and the quantity and quality of user engagement.
Noteworthy winners
The Edward R. Murrow Awards are presented to media organizations as a whole rather than to individual journalists. However, many categories are for single news reports done by individual journalists. Some of the prominent journalists responsible for stories that won Edward R. Murrow awards include Katie Couric, Diane Sawyer, Dan Rather, Tom Brokaw, Peter Jennings, Ted Koppel, Holly Williams, Keith Olbermann, Bryant Gumbel, Brian Williams, Michael Moss, Serena Altschul, Richard Engel, and Jeremy Young. Full lists of winners and organizations can be found on the RTDNA website.
Student Murrow Awards
In 2015, the RTDNA added a student division to the Murrow Awards. Student Awards are awarded to the individuals or team of individuals that produce them, unlike the professional Murrow Awards, which are presented to a news organization.
The categories for student awards are:
* Excellence in Audio Newscast
* Excellence in Audio Reporting
* Excellence in Video Newscast
* Excellence in Video Reporting
* Excellence in Digital Reporting
In the reporting categories, entries should consist of a single piece, package or series. Newscast entries should consist of a complete newscast up to 30 minutes in length. Digital entries should include digital or multimedia elements, particularly interactive elements, and should not consist solely of audio, video, or text.
Winners by year
RTDNA does not have a comprehensive online listing of all national and regional Edward R. Murrow Award winners since the awards' founding in 1971. Below are links redirecting to annual winners on Wikipedia pages or external links to RTDNA's website.
* 1997 Edward R. Murrow Awards (Radio Television Digital News Association)
* 1999 Edward R. Murrow Awards (Radio Television Digital News Association)
* 2003 National Edward R. Murrow Award Winners
* 2009 National Edward R. Murrow Award Winners
* 2009 Regional Edward R. Murrow Award Winners
* 2010 National Edward R. Murrow Award Winners
* 2010 Regional Edward R. Murrow Award Winners
* 2011 National Edward R. Murrow Award Winners
* 2011 Regional Edward R. Murrow Award Winners
* 2012 National Edward R. Murrow Award Winners
* 2012 Regional Edward R. Murrow Award Winners
* 2013 National Edward R. Murrow Award Winners
* 2013 Regional Edward R. Murrow Award Winners
* 2014 National Edward R. Murrow Award Winners
* 2014 Regional Edward R. Murrow Award Winners
* 2015 National Edward R. Murrow Award Winners
* 2015 Regional Edward R. Murrow Award Winners
* 2015 Student Edward R. Murrow Award Winners
* 2016 National Edward R. Murrow Award Winners
* 2016 Regional Edward R. Murrow Award Winners
* 2016 Student Edward R. Murrow Award Winners
* 2017 National Edward R. Murrow Award Winners
* 2017 Regional Edward R. Murrow Award Winners
* 2017 Student Edward R. Murrow Award Winners
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WIKI
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Morgan Stanley Raises Royalty Pharma (RPRX) Price Target, Maintains Overweight Rating
Royalty Pharma plc (NASDAQ:RPRX) is one of the high-margin pharma stocks to buy now. Royalty Pharma plc (NASDAQ:RPRX) received a vote of confidence from Morgan Stanley this week as analyst Terence Flynn raised the firm’s price target to $54 from $51 while maintaining an Overweight rating. The adjustment reflects a favorable outlook on the company’s cash flow durability and its ability to weather broader industry headwinds.
A scientist in a laboratory looking through a microscope, surrounded by petri dishes and beakers while researching new biopharmaceutical advances.
Flynn noted in a client note that large-cap pharmaceutical and biotech names have struggled to gain traction this year, weighed down by macroeconomic pressures and lingering regulatory uncertainty. Challenges such as evolving drug pricing frameworks, international tariff exposure, and ongoing personnel shifts within the FDA have all contributed to investor caution across the healthcare space.
Despite this backdrop, Royalty Pharma continues to distinguish itself through its unique business model, which centers on acquiring royalty streams tied to established and emerging therapies. The company’s portfolio, anchored by revenue from blockbuster drugs such as Tysabri, Imbruvica, and Trelegy, has offered a more stable earnings profile than many of its industry peers.
Flynn’s upward revision suggests Royalty Pharma remains well-positioned in a sector facing ongoing volatility, with defensive qualities that appeal to investors seeking income and resilience in a complex policy and economic environment.
While we acknowledge the potential of RPRX as an investment, we believe certain AI stocks offer greater upside potential and carry less downside risk. If you're looking for an extremely undervalued AI stock that also stands to benefit significantly from Trump-era tariffs and the onshoring trend, see our free report on the best short-term AI stock.
READ NEXT: Top 10 Healthcare AI Stocks to Buy According to Hedge Funds and 10 Best Industrial Automation Stocks to Buy for the Next Decade
Disclosure: None. This article is originally published at Insider Monkey.
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NEWS-MULTISOURCE
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Richard K. Davis
Richard K. Davis (born 1958 ) is an American businessman. Since January 2, 2019 Davis has served as the chief executive officer of Make-A-Wish America, having previously served as Executive Chairman and President of U.S. Bancorp.
Biography
Davis is a native of Southern California and spent his childhood there. As a child, he earned the seed money for college as a professional actor and singer, including a performance in a production of the Wizard of Oz. This led to Davis' passion for the arts and later board work with various arts organizations. Davis began his banking career at 18 as a teller to pay his way through college. He received a bachelor's degree in Economics from California State University, Fullerton in 1983. He completed Banking School Programs at the University of Washington and Cornell University.
Davis rose through the banking ranks to ultimately lead the fifth largest commercial bank in the U.S. Davis served as an Executive Vice President of Bank of America and of Security Pacific. In 1993, he joined Star Banc Corporation as Executive Vice President for Consumer Banking. In 1998, he oversaw the merger of the Star Banc Corporation with the Firstar Corporation, Firstar with the Mercantile Corporation in 1999, and Firstar with U.S. Bancorp in 2001. He served as Chief Operating Officer of U.S. Bancorp from October 2004 to December 2006. He has served as President from October 2004 to January 2016, Chief Executive Officer since December 2006, and Chairman of the Board since 2007.
U.S. Bancorp is a financial services holding company with more than $422 billion in total assets as of December 31, 2015, 67,000 employees and businesses across the United States, Canada, and Europe, serving more than 18.5 million customers. U.S. Bancorp is headquartered in Minneapolis and is the parent company of U.S. Bank, which has 3,164 full-service banking offices and 5,020 ATMs in 25 states. U.S. Bancorp is also the parent company of Elavon, a provider of merchant processing services. Davis chairs U.S. Bancorp's management committee, composed of the 14 highest-ranking executives within the organization.
Leadership positions
In 2015, Davis served on the boards of the Twin Cities YMCA, Minneapolis Art Institute, University of Minnesota Foundation, Greater MSP, National American Red Cross, University of San Diego, Minnesota Business Partnership, The Clearing House, Itasca Group, Twin Cities United Way, Dow Chemical and the Financial Services Roundtable, of which he previously served as chairman. He also serves as the lead director of Xcel Energy Inc. and serves as Executive Chairman of U.S. Bancorp.
Honors
Davis has been honored by the Banking and Finance Division of the UJA-Federation of New York and has been the recipient of the President's Lifetime Volunteer Service Award. In 2010, American Banker selected Davis as the Banker of the Year, and he was chosen "2010 Executive of the Year" by the Twin Cities Business Journal. In 2011, he received the Hendrickson's Award for Ethical Leadership. He was instrumental in starting Step Up, a Twin Cities program that has given more than 18,000 distinguished teenagers their first "professional" summer jobs.
Under Davis' leadership, U.S. Bank earned the 2011 Spirit of America Award, the highest honor bestowed upon a company by United Way. U.S. Bancorp was awarded the 2013 Freedom Award, the highest recognition given by the U.S. Department of Defense to employers for their support of employees who serve in the National Guard and Reserve. In 2015, U.S. Bank was recognized by the Ethisphere Institute as one of the World's Most Ethical Companies.
Involvement in Minnesota Orchestra lockout
Davis' tenure on the Board of the Minnesota Orchestra has been marked by controversy, mainly due to his involvement in the 2012-2013 musician lockout. In October 2012, Davis said to the Star Tribune of the Minnesota Orchestra musicians, "There's a risk that they find their way to another place, and those who can leave will. It's going to be a personal decision where they want to perform." The handling of the lockout has been a controversial topic in the Twin Cities and in the music world. In April 2013, celebrated music director Osmo Vänskä wrote an open letter to the Minnesota Orchestra Board of Directors, signaling his intent to resign by September if the lockout was not settled.
When the Minnesota Orchestra balanced its budget in 2010, Davis said, "This was a season characterized by disciplined budget management and significant expense cuts, which kept our operations stable in an unpredictable environment." However, when contract talks with musicians began in 2012, Davis walked back that statement, writing, "In Minnesota, we were able to deliver balanced budgets through large, unsustainable endowment fund draws and 'bridge-the-gap' fundraising." A state auditor report later found that, when petitioning for $14 million in state money to renovate Orchestra Hall, Minnesota Orchestra CEO Michael Henson "did not indicate to legislators that he and some association board members were beginning to have significant concerns about the association’s financial condition."
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WIKI
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Neuro Emotional Technique™
Posted by Jef Gazley, M.S., LMFT, DCC on Dec 15th 2017
NET™ or Neuro Emotional Technique™ is one of the newer "power therapies" that along with TFT (Thought Field Therapy), and EMDR (Eye Movement Desensitization and Reprocessing) have become popular in the last ten years. These therapies seem to work quicker than traditional talk therapies. This appears to be due in part because they target the more primitive parts of the brain. These would include the Limbic system, the Medulla Oblongata, and the Enkelphin system, which is in every cell of the body. Neuro Emotional Technique is the most powerful and versitile of these new therapies.
Dr. Scott Walker developed NET™ in the early 1980's. Dr. Walker is a chiropractor by training, who uses Applied Kinesiology or AK. AK is based on Chinese Medicine, acupuncture and the Meridian System. Chinese medicine is concerned with the body's need for balance or homeostasis. If the Chi or energy of the body is in balance then it is assumed that the body will be able to cure itself and run at top efficiency. Practitioners do this by testing acupressure or acupuncture points in the body, which are divided up into 12 main Meridian Systems. These Meridian Systems are named for the main organs of the body such as the Lung Meridian or the Liver Meridian. Each of these systems is correlated with particular emotions. The lung meridian is associated with grief and sorrow and the liver meridian with anger and resentment.
pplied Kinesiology tests the Chi or energy by taking a strong indicator muscle, any strong muscle, and asking the client or patient to lock their muscle as the practitioner tries to challenge the strength of that muscle by pushing or pulling the area to see if it will hold. The practitioner might ask a client to hold their arm straight out in front of them and lock it while the clinician with an open hand firmly pushes down on the arm right above the wrist. This checks to see if the arm will hold. Almost any major muscle will work for muscle testing.
The body consists of water and electricity. It is believed that muscle testing checks to see if the muscle has enough electricity in it to hold. It appears that Chi is essentially the same as this electricity. Dr. Goodheart, the father of Applied Kinesiology, first demonstrated therapy localization. Therapy localization occurs when you test a strong muscle alone or in the clear and then touch another part of the patients' body to test if a change of muscle strength occurs. If it does then dysfunction is assumed to be present in the localized area.
Chiropractors who practice AK routinely test or challenge a vertebra in the neck or the back, and if the muscle goes weak then they can assume that the vertebra is misaligned or out of position in the spine. They then put the vertebra back in and retest. When the muscle is strong it is assumed the vertebra is back in alignment. The client routinely reports feeling much better.
Dr. Walker adapted and built on Dr. Goodhearts' work by applying AK to the emotions. Emotions are energy. Emotions can be tested through the electrical system of the body. Therefore, if a muscle tests strong in the clear and then the NET™ recipient thinks of some issue that is upsetting, that previously strong muscle will become weak. Dr. Walker believes that what he is testing is the "emotional reality" of the body. This means that theoretically if a person believes an untruth his muscle testing will be consistent with that belief.
However, the emotional belief of a client, at least when they are not psychotic, is usually consistent with reality. Therefore, if a person says "My name is Sam" and his name is Sam, a muscle test of that statement will be congruent and will hold strong. The reverse is equally true. A clinician can now test how a person is feeling even if they do not consciously know how they are feeling. A therapist can now trace present feelings and problems a person is suffering from, and discover if there is an original trauma or feeling that the present problem or feeling is reactivating.
This essentially means that Dr. Walker has found the royal road to the subconscious. The ramifications of this discovery cannot be overstated. There has never been a better diagnostic indicator for subconscious reality. In my experience working with trauma survivors and children who have grown up in these environments, this technique is essential for a full recovery.
These populations usually show a tremendous amount of dissociation. This essentially means that consciously they often do not know how they feel. NET™ accurately diagnoses the feelings that a client is having and the client then often reports congruence with that previously dissociated set of feelings. Then it releases it from the body by tapping on a few vertebrae that are related to the particular Meridian System that is associated with the emotion. Usually at that point several things occur. The client reports subjectively 1) A lessening of that particular feeling state that was bothering them 2) A feeling of relief and 3) Less dissociation in general and more overall integration.
NET™ seems to work in several ways:
1. It diagnosis problems and feelings.
2. It accesses the subconscious.
3. It discovers early traumas and how those traumas relate to present problems.
4. It acts as a biofeedback loop, which teaches people what they are feeling.
5. It increases congruence between the Human Brain composed of the Cerebral Cortex and the Pre Frontal Cortex, the Limbic system or Mammalian Brain, the Medulla Oblongata or Reptilian Brain, and the Endorphin System, which is an even more primitive brain located in each cell of the body and
6. This congruence thereby increases overall mental, emotional and physical health. The possibilities for the spiritual side of man are also immense.
While all of these are good reasons to become proficient in NET™, with trauma work and Post-Traumatic Stress Disorder this technique is a must. PTSD is so pervasive and the symptoms are attached so securely to the body, that unless some relief to the physical part of the trauma is attained the client will remain in great distress. Neuro Emotional Technique™ is a welcome addition to a clinician specializing in this section of the field.
If you want to learn more about NET™, visit NetMindBody.com
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ESSENTIALAI-STEM
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User:Spotty11222/Cretalamna
Cretalamna is an extinct genus of shark.
Teeth
The teeth of C. appendiculata (no attempt will be made to differentiate the sub-species) are best characterized by their smooth triangular cusp, broad triangular lateral cusplets and a bilobate root, which has a lingual protuberance and foramen but lacks a nutrient groove. The crown of anterior teeth is elongated and erect and in laterals, the cusp is shorter and distally directed (more acutely in upper teeth). The basal margin of the root is "U" in shape.
Dentition-design
Shimada (2007) described a partially articulated3 C. appendiculata skeleton from the Smoky Hills Chalk (Upper Cretaceous, Logan, Co., KS) housed in the LA County Museum (LACM 128126). He concluded that the species, based on morphological features, was a medium-sized (to 3m) pelagic lamniform with a cutting dentition designed for generalized feeding. He noted that the dentition-design did not compare well with that of Cretoxyrhina mantelli but was much more lamnid-like; he elected to leave this genus ascribed to Cretoxyrhinidae, but questioned the validity of that assignment.
The largely disarticulated teeth from this specimen were arranged by Shimada following a series of described steps (p 588) which might be briefly summarized as tooth size and cusp inclination; upper vs lower determinations were based on cusp width and thickness. Once complete, he found the arrangement could be validated (in part) by the anterior/medio-lateral crown tips articulated in the right palatoquadrate (p 591). Remaining upper tooth-positions mapped to "depressions for tooth rows in the inner surface of the palatoquadrate" (Shimada pers com 2007). In this paper, the material appears to be excellent, the methodology well defined (except for the underlying rule for tooth-orientation when capturing metrics) and the validation reasonable -- characteristics often lacking with reconstructed dentition-sets.
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Page:United States Statutes at Large Volume 115 Part 2.djvu/747
PUBLIC LAW 107-110—JAN. 8, 2002 115 STAT. 1731 designed to enable all participating children to become proficient in English and a second language. "(9) NATIVE AMERICAN AND NATIVE AMERICAN LANGUAGE. — The terms 'Native American' and 'Native Americam language' shall have the meanings given such terms in section 103 of the Native American Languages Act. "(10) NATIVE HAWAIIAN OR NATIVE AMERICAN PACIFIC ISLANDER NATIVE LANGUAGE EDUCATIONAL ORGANIZATION.— THE term 'Native Hawaiian or Native American Pacific Islander native language educational organization' means a nonprofit organization with— "(A) a majority of its governing board and employees consisting of fluent speakers of the traditional Native American languages used in the organization's educational programs; and "(B) not less than 5 years successful experience in providing educational services in traditional Native Americ£m languages. "(11) NATIVE LANGUAGE. —The term 'native language', when used with reference to an individual of limited English proficiency, means— "(A) the language normally used by such individual; or "(B) in the case of a child or youth, the language normally used by the parents of the child or youth. "(12) PARAPROFESSIONAL.— The term 'paraprofessional' means an individual who is employed in a preschool, elementary school, or secondary school under the supervision of a certified or licensed teacher, including individuals employed in language instruction educational programs, special education, and migrant education. "(13) SPECIALLY QUALIFIED AGENCY.—The term 'specially qualified agency means an eligible entity, as defined in section 3141, in a State whose State educational agency— "(A) does not participate in a program under subpart 1 of part A for a fiscal year; or "(B) submits a plan (or any amendment to a plan) that the Secretary, after reasonable notice and opportunity for a hearing, determines does not satisfy the requirements of such subpart. "(14) STATE.— The term 'State' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. " (15) TRIBALLY SANCTIONED EDUCATIONAL AUTHORITY. —The term 'tribally sanctioned educational authority' means— ' "(A) any department or division of education operating within the administrative structure of the duly constituted governing body of an Indian tribe; and "(B) any nonprofit institution or organization that is— "(i) chartered by the governing body of an Indian tribe to operate a school described in section 3112(a) or otherwise to oversee the delivery of educational services to members of the tribe; and "(ii) approved by the Secretary for the purpose of carrying out programs under subpart 1 of part A for individuals served by a school described in section 3112(a).
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Fortuna Signs Contract With Retailers for 1,000 Czech Terminals
Fortuna Entertainment Group NV (FORTUNA) , the
Czech betting company that sold shares last year, signed
contracts with retailers for the installation of the first 1,000
lottery terminals. The Amsterdam-registered company’s retail partners include
Geco, HDS Retail, Citi-Tabak and Peal chains, it said today in
an e-mailed statement. The terminals will start operating in the
second half of July, according to the statement. To contact the reporter on this story:
Ladka Bauerova in Paris at
lbauerova@bloomberg.net To contact the editor r esponsible for this story:
Will Kennedy at wkennedy3@bloomberg.net
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NEWS-MULTISOURCE
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Is it normal for newborn to lose hair?
New parents often wonder about their newborn’s hair changes. Yes, it’s typical for infants to lose some, if not all, of their hair during the first six months. Timing varies; it might start immediately after leaving the hospital or when the baby becomes more active. It’s a natural process influenced by hormonal changes after birth and doesn’t necessarily signal any health issue.
Which vitamin deficiency causes hair loss?
Vitamin deficiencies can impact hair health, with hair loss linked to low levels of certain vitamins. Biotin doesn’t usually require supplementation in healthy individuals, but a deficiency in biotin, riboflavin, folate, or vitamin B12 could contribute to hair loss. Ensuring adequate intake of these vitamins can support hair health.
It’s a common misconception that all vitamin deficiencies lead to hair loss. However, only certain deficiencies, such as riboflavin, biotin, folate, and vitamin B12, have been scientifically associated with this condition. If you’re experiencing hair loss, it may be worth consulting with a doctor to check for these specific deficiencies.
What week does baby develop hair?
The journey of a baby’s hair begins in the womb as early as 14 weeks of pregnancy when hair follicles start forming beneath the skin. By the halfway mark at 20 weeks, soft downy hair known as lanugo begins to cover the baby’s body, becoming more noticeable as the pregnancy progresses.
How long does hair loss last after baby?
Postpartum hair loss is a common experience for new mothers, whose hair shedding may peak around four months after giving birth. Typically, normal hair growth resumes by the baby’s first birthday, but if concerns persist, consulting a dermatologist is advisable.
Does cradle cap make hair fall out?
Cradle cap is a common, typically harmless condition in newborns that presents with symptoms like flaky patches and possible hair loss on the baby’s scalp. Though it might cause some hair to fall out, cradle cap is easily treatable at home with gentle care and appropriate hygiene.
Management of cradle cap often includes mild shampoos and regular scalp care, which can alleviate rough patches and hair loss. In most cases, cradle cap isn’t linked to more serious scalp or hair conditions and improves with time.
How can I stimulate my baby’s hair to grow?
Gentle brushing can help stimulate a baby’s scalp, potentially encouraging hair growth. Using a baby brush with soft bristles every other day can be both soothing for the baby and beneficial for their hair.
Regular hair brushing is just one part of promoting hair growth for babies. Gentle scalp care is as important as nutrition, provided either through breastfeeding or formula feeding, to support healthy hair development.
What are the 14 signs of vitamin D deficiency?
Vitamin D deficiency can manifest in many ways, including increased susceptibility to infections, fatigue, hair loss, and muscle pain. Lower back pain and feelings of depression are also common, along with slow healing after injuries or surgeries.
Maintaining sufficient vitamin D levels is crucial as it plays a role in various body functions, including immune regulation and bone health. If you experience any of these symptoms persistently, it may be wise to seek medical advice and possibly undertake a vitamin D test.
What foods stop hair loss?
Nutrition plays a vital role in maintaining healthy hair, and certain foods can help prevent hair loss. Eggs, rich in protein and biotin, are excellent for hair growth; similarly, berries and spinach provide beneficial vitamins and compounds. Adding fatty fish, sweet potatoes, avocados, nuts, and seeds to your diet can also support hair health.
Including these hair-nourishing foods in your diet can provide your body with the necessary nutrients to foster healthy hair growth and potentially prevent hair loss. Coupling a balanced diet with good hair care practices can yield the best results.
Can lack of calcium cause hair loss?
While not commonly known, calcium plays a role in hair health, affecting hormones related to hair growth and loss. Hormone imbalance due to calcium deficiency may result in hair loss, highlighting the need for adequate calcium intake for maintaining not only bone health but also hair integrity.
A consistent, adequate intake of calcium-rich foods can be beneficial for overall health and may help prevent hair related issues linked to hormonal imbalances. If you’re concerned about hair loss and calcium levels, a discussion with your healthcare provider could be helpful.
At what age do babies get their real skin color?
Newborn baby’s skin can exhibit a variety of colors at birth, often changing over time. The true skin color generally stabilizes by about 20 months of age, often reflecting a blend or one side of the family’s genetics.
Babies’ skin tones can gradually develop and solidify over many months. While immediate family traits play a role, ancestral genetics can also influence skin color, making prediction difficult before the baby’s skin color matures.
How fast does newborn hair grow?
For newborns, hair growth rates can vary widely. Although the hair regrowth cycle may take up to 12 weeks, it’s normal for babies to showcase changes in hair growth at any point between 6 and 18 months. For some, a full head of hair might even take up to two years.
While it can be concerning to see a baby with slow hair growth, patience is key. Each child’s hair growth pattern is unique, with some taking longer than others to develop their full head of hair. Observing over time is usually the best approach unless other health concerns are present.
Why shouldn’t you cut a baby’s hair before 1?
Many cultures hold beliefs about the best time to cut a baby’s hair. A common recommendation is to wait until after the first birthday because the initial hair falls out naturally during the first months as hormone levels drop after birth.
Delaying a baby’s first haircut often stems from the natural hair shedding process babies go through. Although haircuts do not affect hair’s texture or growth rate, allowing the first hairs to fall out naturally is a common preference.
Can breastfeeding cause hair fall?
Breastfeeding itself is not responsible for hair loss. Postpartum hair shedding is influenced by hormonal changes, including a decrease in estrogen levels that many new mothers experience during breastfeeding and the postpartum period.
It’s common for mothers to notice increased hair shedding post-delivery and during breastfeeding, but this is typically due to hormonal fluctuations rather than breastfeeding. Hair growth usually returns to normal as the body balances out.
How do I stop my hair from falling out after having a baby?
If you’re grappling with postpartum hair loss, opt for volumizing shampoos and lighter conditioners to add more body to your hair. Gentle treatment and care for your hair, including avoiding excessive heat styling, can also prove beneficial.
Adapting your hairstyling techniques and product use can play a role in coping with postpartum hair loss. Trying new hairstyles that add volume and reduce stress on the hair might also help manage the appearance of thinner hair during this time.
How can I reduce my postpartum hair loss?
While postpartum hair loss is a natural process that cannot be completely prevented, maintaining a well-nourished diet and using gentle hair products may aid in keeping your hair as healthy as possible during this phase.
Caring for your hair postpartum involves a balanced diet and kinder hair care practices. Even though you can’t stop the shedding, treating your hair well can mitigate its effects and help your hair remain in its best possible condition.
Does breastmilk help cradle cap?
Nature provides a surprising remedy for cradle cap in the form of breast milk. With its natural antibacterial properties and healthy fats, breast milk can be a soothing and nourishing treatment for this common skin condition.
Applying just a small amount of breast milk to the affected areas on your baby’s scalp can be an effective way to manage cradle cap. Let the milk sit for a few minutes after gentle application to see benefits.
Is it OK to leave cradle cap alone?
Cradle cap is generally a benign condition in babies and often resolves without intervention within 6 to 12 months. However, caregivers can take steps to improve the condition if desired.
Though intervention for cradle cap isn’t always necessary, some parents opt for simple treatments to help clear the scalp and alleviate any potential discomfort it may cause for their baby.
Does breast milk help baby hair grow?
A balanced diet is the cornerstone for a baby’s hair growth, with breast milk or formula providing necessary nutrients for those not yet on solid foods. As babies grow and start eating solids, their dietary nutrients continue to support healthy hair development.
Proper nutrition, whether from breast milk, formula, or solid foods, delivers essential nourishment for a baby’s developing body, including hair follicles, optimizing the potential for robust hair growth.
What makes newborn hair grow faster?
Stimulating a baby’s scalp by gentle brushing or massaging can promote hair growth. Regular grooming not only manages cradle cap and removes dead skin but also enhances blood flow to the scalp, benefiting the hair follicles.
Practices aimed at enhancing scalp health, such as limiting friction and maintaining good hygiene, can support quicker and healthier hair growth in newborns.
Can coconut oil grow baby hair?
The natural moisturizing properties of coconut oil can help nurture a baby’s scalp, promoting healthy hair growth and preventing dryness and flakiness, which can be detrimental to hair health.
Using coconut oil can be an effective natural method to support hair growth in babies. By maintaining a moisturized and healthy scalp environment, coconut oil may aid in the prevention of breakage and encourage fuller, healthier hair.
How can I prevent postpartum hair loss?
While there aren’t proven methods to prevent postpartum hair loss, being knowledgeable about this natural occurrence can help in planning and reducing stress if and when it happens.
Why shouldn’t you cut a baby’s hair before 1?
The tendency to avoid cutting a baby’s hair before their first birthday is partly due to the natural hair fall that occurs. This allows for the initial, often finer hair, to be replaced by mature hair growth as hormone levels normalize after birth.
Many parents choose to wait beyond the first year for their baby’s first haircut, as the hair that grows in infancy typically sheds as part of a normal hormonal adjustment. This practice gives the baby’s hair a chance to settle into its more permanent state without interference.
How do you fix bald spot on babies?
For babies showing signs of bald spots from lying down or friction, one solution is switching to silk sheets. Silk creates less friction than other materials, enabling new hair to come in faster and reducing wear on emerging hairs.
Employing silk as bedding material can contribute to a reduction in friction-related hair loss in babies, thereby encouraging new hair growth and minimizing the appearance of bald spots.
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ESSENTIALAI-STEM
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Talk:Placebo in history
Is this article really nessecary? Zobango (talk) 14:30, 2 December 2010 (UTC)
This article should be cleaned up, referenced properly and be added to the WP Placebo article proper, perhaps under a specific 'History' heading. Sleuth21 (talk) 10:51, 26 November 2011 (UTC)
Placebo inhalation powder
The image File:FDA Historians<PHONE_NUMBER>5).jpg might be worth consideration. Apparently, a product named "Placebo inhalation powder" was once successfully sold in USA. - Jochen Burghardt (talk) 06:54, 22 February 2017 (UTC)
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Page:Who's who in the Far East, 1906-7, June (IA whoswhoinfareast00hongrich).pdf/235
MA LIANG, General (ULIASUT'AI), native of Manchuria. Appointed Governor, 1901; Tartar General, Uliasut'ai (N. W. Mongolia), July, 1905.
MANN, Rev. Arthur S. (SHANGHAI), B.A., B.D.; Professor of New Testament Exegsis, St John's College, Shanghai; b. Aug. 18, 1878. Educ.: Private Schools; Buffalo High School; Yale University (B. A. 1899); General Theological Seminary (B.D. 1902); travelled in Europe after graduation; ordained Deacon of Protestant Episcopal Church in May, 1902; Curate at St. Paul's, Rochester, 1902-3; ordained Priest, Dec., 1904; came to China, 1904; Secretary of Yale Association of China; Editorial Secretary of Educational Association of China. Club: American University, Shanghai. Recreations: Yale Track Team, 1898; tennis championship at Kanuzawa, Japan, 1905. Address: St. John's College, Shanghai.
MANN, Rev. John Charles (NAGASAKI), M.A.; Minister and Missionary; b. Feb. 6, 1880, at Newcastle-on-Tyne. Educ.: Glasgow University and Ridley Hall; Cambridge, 1900, 2nd class honours in Mathematics and Natural Philosophy. Ordained in 1903; curate of St. Luke's Maidstone, Kent, 1903; appointed to Nagasaki under Church Missionary Society, 1905. Club: Nagasaki, Address: 10, Deshima, Nagasaki. Japan.
MANSFIELD, Robert William (CANTON), C.M.G.; H.B.M. Consul; b. Sept. 16, 1850, s. of Rev. J. Mansfield, Rector of Blundford, St, Mary's, Dorsetshire, and Emily Ze Poer Trench; m. 1878, Marie Therese, d. of Comte Cahonet de Maiolles. Educ.: Cheltenham College. Entered Consular Service in China, 1870; acting Vice-Consul at Pagoda Anchorage, acting Consul at Foochow, Swatow, Wuhu, Chin-Kiang; Consul at Chung-King, 1891, but did not proceed; acting assistant Judge and Consul at Shanghai; transferred to Wenchow, 1893; acting Consul at Foochow 1893-1895; proceeded to Kutien to inquire into the massacre of eleven missionaries, 1895; transferred to Wuhu, 1896, but did not proceed; was again acting Assistant Judge and Consul and later acting Consul-General at Shanghai; Consul at Amoy, 19C5-6; appointed Consul at Canton, 1906. Recreations: Riding, shooting. Club: Thatched Hou.se. Address: H.B.M. Consulate, Canton, China.
MAO CH'ING-FAN (CHIHLI), Taotai; native of Kiangsu. Superintendent, Kiangnan arsenal, 1903; Yung-tingho Tao, Chihli, Aug., 1S04; hing-i-Shih Tao, Hupei, Jan., 1905; Yungting Ho Taotai, Chihli, April, 1905.
MARKS, Oliver (SINGAPORE), Secretary to High Commissioner, Federated Malay States, and Private Secretary to Governor, Straits Settlements; b. Sept. 10, 1866; m. Feb. 1, 1905; Violet Catherine, e. d. of Hon. Alex Murray, Colonial Engineer, Straits Settlements. Superintendent Government Plantations, Perak, March, 1891; 2nd
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How Solar Works
1. Solar Array: Powering your business with the sun starts here. The solar array is comprised of a series of solar panels. The bigger the array, the more electricity it is capable of producing. When sunlight hits the solar array, DC electricity is generated.
2. Inverter: The DC electricity from your array travels to the inverter, where it is converted from DC to AC electricity. AC electricity is the type of power you receive normally from the utility power grid.
3. Electric Service Panel: AC electricity from your inverter is then passed to the electric service panel where it is routed to power your facility’s various electric loads.
4. Utility Power Grid: When your solar electric system generates more power than your business is consuming, excess electricity is routed away to the power grid. This process is referred to as net-metering. It also works the opposite way, if your building needs more electricity than the solar system can provide, it will pull that usage from the utility grid the old fashioned way.
Interested in Solar at NO COST?
We provide solar for both commercial and residential properties.
Please contact our solar specialist John Saliski for information:
848-333-2773 or 609-407-6900 ext. 204
jsaliski@greenlifeisgood.com
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ESSENTIALAI-STEM
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Wikipedia:Reference desk/Archives/Miscellaneous/2014 July 8
= July 8 =
Incorrect information posted???
I believe that Rex Harrison starred opposite Audrey Hepburn (not Julie Andrews) in "My Fair Lady". Am I correct??? — Preceding unsigned comment added by <IP_ADDRESS> (talk) 00:07, 8 July 2014 (UTC)
* Audrey Hepburn was in the movie version, and Julie Andrews was in the stage version. RudolfRed (talk) 00:35, 8 July 2014 (UTC)
* And Rex Harrison was in both, in case that wasn't clear. Far as I know, soundtrack albums for both the stage and film versions are available. Side note: Andrews did all her own singing in the stage version, Harrison did all his own singing (such as it was) in both, while Hepburn sang only one song in the film, which was actually more of a recitation: the "Just You Wait" song. The rest of her songs were overdubbed by Marni Nixon. The extras on the DVD version I have, has a clip of Hepburn singing "Wouldn't It Be Loverly", and it's easy to see why they overdubbed with Marni. Hepburn could carry a tune just fine, but she didn't have the strength and range of voice they wanted. Marni did. Unfortunately, that overdubbing became public knowledge, and cost Audrey a chance at an Oscar. Julie, who had been turned away from the movie, instead won an Oscar as Mary Poppins. That's how things go in Hollywood sometimes. :) ←Baseball Bugs What's up, Doc? carrots→ 03:02, 8 July 2014 (UTC)
* I rather liked her "Loverly", but she clearly lacked enough power for "Show Me". —Tamfang (talk) 09:49, 9 July 2014 (UTC)
* To clarify further, there's My Fair Lady, the musical play; and My Fair Lady (film). ←Baseball Bugs What's up, Doc? carrots→ 03:05, 8 July 2014 (UTC)
Name for a Paraphilia
Talking to a friend over coffee, he was explaining to me that he is aroused by watching women "flip out", especially if they look angry - or if they are breaking things, smashing things, etc. At any rate, despite reading a decent amount of texts on sexology/sexual psychology, I don't think I've ever heard of this specifically, is there a name for it? Is it common/uncommon? Thanks for any help:-)Phoenixia1177 (talk) 20:26, 8 July 2014 (UTC)
* Rule 34 being what it is, "anger fetish" gives us a few hits, so that might be the best term to use. "Orgophilia" and "Thumophilia" (from the Greek ὀργὴ, "wrath", and θυμός, "indignation") might be possibilities for something more technical-sounding, but I don't think either of them have actually been used. Tevildo (talk) 20:51, 8 July 2014 (UTC)
* Not sure of a medical-sounding word, but make-up sex is pretty hot and common. Wouldn't apply to watching a video of a stranger alone, though, if that's your friend's thing. InedibleHulk (talk) 21:44, 8 July 2014 (UTC)
* Not quite right, but re: breaking things, there's Crush_fetish. I'd imagine you could get additional answers at a site such as fetlife. SemanticMantis (talk) 17:42, 9 July 2014 (UTC)
* See also Catfight. On Senfield once, they were discussing what's interesting about watching two women fight. Their conclusion was that when it's over, they might kiss. ←Baseball Bugs What's up, Doc? carrots→ 18:33, 9 July 2014 (UTC)
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WIKI
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Ultra (comics)
Ultra is the first American comic book created by Jonathan and Joshua Luna. Image Comics originally published it as an eight-issue limited series between August 2004 and March 2005 before releasing it as a single volume in both hardcover and softcover formats. The series received mostly positive reviews for both the artwork and the story. A television adaptation was attempted in 2006, but was unsuccessful and the brothers remain in talks to try again.
The main character is Pearl Penalosa, a Latina superhero in Spring City. The plot follows her and two superhero friends as they deal with celebrity and seek happy love lives after receiving predictions from a fortune teller. Traditional superhero themes such as fighting crime are treated as a background setting instead of a primary focus. Critics often drew comparisons to the television show Sex and the City.
Development
After graduating from the Savannah College of Art and Design with Bachelor of Fine Arts degrees, the Luna Brothers were inspired to create comics in mature genres by Garth Ennis's Preacher and other publications from Vertigo Comics. Jonathan had the original idea for a story about three guys and their dating life. Joshua changed the characters to women instead and added superhero and corporate aspects. Because they wanted to keep the story accessible to readers who did not grow up reading comic books, they used the superhero genre as a setting instead of a primary plot element. One theme the Luna Brothers explored was how absurd the media can be. They cited Chuck Palahniuk's Invisible Monsters as an influence.
After developing a loose plot together, Joshua wrote the full scripts and suggested layouts. Ultra was the first comic book Joshua wrote. From there, Jonathan did the pencils by hand with a mechanical pencil and inks with a Micron pen. After scanning the inked artwork and editing it where needed on a Wacom tablet, he would add the colors and letters. He worked at an average rate of one page per day. They were able to make one full issue every four weeks. The Lunas described the creation of Ultra as "organic", admitting they had a plan but saying they "figured out a lot of things as [they] were doing them". A plot synopsis and a five-page sample of the comic was submitted blindly to and accepted by Image Comics publisher Erik Larsen.
When Jonathan was brainstorming cover ideas, he knew the cover needed to "show that Pearl was this icon – everyone knew her". He based the design on Time magazine because it was "such a great fit". Later issues continued the theme by parodying other popular magazines like Rolling Stone, Maxim, and Vogue. The Lunas expanded on the magazine theme by including fake advertisements and mock-interviews with various characters in the book styled after the magazine being parodied.
Publication
The first issue was released August 11, 2004. Retailers ordered over 8,000 copies, making the issue the 171st most ordered comic for the month. These numbers happily surprised the Lunas because they were not known creators. When the final issue was released in March 2005, orders had fallen but were still close to the 8,000 mark, which is a significantly lower drop than the industry average. In May 2005, the miniseries was collected in one paperback volume. A limited hardcover edition with a print run of 300 was released at the same time, and those sold quickly. A second printing of the paperback was later released with an alternate cover design. In September 2011, a deluxe hardcover was released in an oversized format with a slipcase.
Fans of Ultra were open about liking it and sent a significant amount of correspondence to Image and the Luna Brothers. The series was intended as a finite story, but its success prompted Image to ask the creators to continue the story. Instead, they chose to move on to a different project, Girls, which began in May 2005.
Plot summary
In Spring City, Pearl Penalosa is one of several superheroes. Most superheroes, including Pearl, have public identities and are treated like celebrities. They have agents, product endorsements, and a bureaucracy that schedules their working shifts to ensure proper coverage. Because she has been single for five years after a public relationship with popular superhero Captain Steel, she has been adopted as a model of abstinence. Partly because of this image, Pearl has been nominated for "Best Heroine of the Year" in the 77th annual Superhero Awards. On Thursday night, one week before the award ceremony, Pearl is out with her friends and fellow superheroes Olivia Arancina and Jennifer Janus. At Olivia’s insistence, the three women visit a fortune teller who tells them that within seven days, Jennifer will "receive what she has given" and Pearl will "find true love". The final prediction excites Olivia and Jennifer, but Pearl dismisses it as a scam.
Pearl decides her fortune was real after a man in a restaurant gives her his phone number. Her friends help her to dress sexy for the event, which causes Pearl particular embarrassment when the paparazzi find them and begin taking pictures. Pearl and her date escape to his apartment, where they have sex. She begins telling her friends that she is in love. When she returns to work, she learns that while she was sleeping after sex, her date took several selfies with her and sold them, along with his story of what happened, to a tabloid.
When Pearl is called to assist with an attack by a super villain, she is unable to prevent the death of several police officers. Distraught, Pearl seeks solitude, but Jennifer finds her and tries to lift her spirits. Jennifer reminds Pearl about her own fortune, and claims that their two fortunes are related. Jennifer reveals her romantic feelings for Pearl and kisses her. Pearl is too shocked to respond.
Pearl receives an emergency call when another super villain attacks. During the fight, Pearl sees Olivia caught in an explosion. Believing her friend dead, Pearl attacks the villain directly and suffers serious burns to her hands and face. She faints after she subdues him. She awakens in a hospital and finds herself healed except for her hair.
Despite the terrible attack, Pearl learns the Superhero Awards will still proceed as planned. When she arrives, she is booed by the crowd and mocked for her "new haircut". One member of the audience defends her and shames the crowd for its behavior. As Pearl enters the ceremony, the crowd has begun chanting her name, but the award she was nominated for goes to Jennifer. At the after party, Jennifer tells Pearl that this award must have been her fortune.
Pearl returns to her penthouse apartment. She is visited by Captain Steel, who says he has been thinking about her recently and regrets their breakup. When he says that he still loves her and would like to have a relationship with her again, Pearl declines. The next night, she goes to a nightclub with Olivia and Jennifer. They have fun joking about the fortunes, and Pearl admits she is a little sad hers did not come true. Pearl goes to a coffee house and cries when the fortune's deadline passes without anyone talking to her. Friday morning, Pearl is leaving for work when she meets a man who is about to knock on her door. He says he works at the coffee house she visited, and that she left her wallet behind. After a conversation, Pearl and the man arrange a date.
Critical reception
The series debuted to positive reviews, with critics praising both the storytelling and the artwork. Reviewer Matthew Melikhov described Ultra as "a borderline romantic comedy featuring super heroines". Several reviewers drew comparisons to the Sex and the City television show, such as Mario Anima who dubbed the comic book "Spandex Sex in the City". The reviews at The A.V. Club and IGN noted the Luna Brothers' skill at writing recognizably real people and capturing a character's humanity. Writing for ComicsAlliance, Laura Hudson said that while many comics "deal with the idea of superheroes as modern-day celebrities", none "focus on the relentless commercialism and pitfalls of fame quite like Ultra". Anima described the internal layouts as "cinematic". Although Melikhov described Ultra as "entertaining", he went on to say that it was "probably not worth a second read".
In other media
During publication, the Luna Brothers promoted new issues on their website with animations of each issue's opening scenes. The animation work was done by their friend Giancarlo Yerkes. In 2011, they created a live-action ad to promote the deluxe hardcover.
In January 2006, a television adaptation of Ultra was announced as being in development by producer Barbara Hall for CBS. In February, Lena Headey was cast as Ultra. A pilot episode was made, but CBS chose not to carry the show. When asked about the failed pilot in a 2008 interview with The A.V. Club, Joshua said the pilot "just wasn't good". He went on to say the script was a large departure from the comic book, such as the unexplained name change from Pearl to Penny and the removal of Aphrodite and Cowgirl. He described the pilot as being Ultra in name only.
In 2007, the brothers spoke to director Stephen Hopkins about moving forward with an adaptation again, but it became stuck in development hell. The Lunas were in talks for an Ultra television project in 2011.
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Unleashing Potential Through Education: Educate Lanka's Impact on Women in Sri Lanka | HuffPost
As we mark International Women's Day on March 8 in celebration of the rights, status, achievements, and potential of women in our society, Educate Lanka looked to its own impact to reflect upon its role in unleashing the potential of the deserving poor, specifically the women, through the weapon of education. Rashmi, a grade 10 student from Gampola, Sri Lanka, comes from a single-parent household. When Rashmi's father neglected the family, her mother, Sriyani, struggled financially to make ends meet. Though she could not fulfill her dream of a proper education, Sriyani was determined to give that opportunity to her daughter. Sriyani's resilience paved way for her to become a dairy-product entrepreneur. Today, she is grateful to Educate Lanka for having taken the financial burden of her daughter's education off her shoulders over the past four years. When we met Rashmi and Sriyani in January, Sriyani shared her gratitude with teary eyes: I am grateful to Educate Lanka for giving my daughter the opportunity [to pursue an education] that I was not lucky to receive. I wish Educate Lanka existed 25 years ago so that I too could have fulfilled my dreams. Dilanthi, Educate Lanka volunteer and sponsor, visiting her student and student's mother in Medawachchiya With the inception of the country's free education system and compulsory primary education up to grade 9, Sri Lanka has boasted a 91.2 percent adult literacy rate and a 98.8 percent primary school enrollment rate, some of the highest stats in the region. These figures, however, mask the high student dropout rates, especially beyond grade 9, prominent among students from socio-economically deprived backgrounds. Among these children are thousands of promising students with the potential to be Sri Lanka's future leaders. Although a number of demand and supply-related factors contribute to this issue, poverty and cost of schooling have been the biggest impediments. Since poor families are unable to financially support their children through secondary and higher education, children from these families give up school in search for employment or household work. Most young girls who leave school either help with household chores and childcare within their families or earn an income by working in agriculture, as domestic maids, or in low-skill industries. Students from the North and East, areas that were under the war for nearly three decades, were severely affected by the conflict. They were forced out of school due to violence and displacements. Though the war ended in 2009, students from these areas continue to struggle to access education due to various socioeconomic hardships. Students need to overcome many socio-economic hardships to access quality education. Renuga, a 12th grade student from Omanthai, Vavuniya of the war-affected Northern Sri Lanka, received her scholarship in January this year when Educate Lanka extended its efforts to the region. For Renuga, who faced multiple displacements and violence during the war, the scholarship gives an opportunity to pursue her dreams. The situation my family is in is wretched. I am continuing my studies after being affected by the war. There are seven people in my family, but [with the exception of me] none of them are continuing their studies and are staying at home due to poverty... I should look after my family... My wish is to become an art teacher... I am grateful to you and thank you for supporting my education and my life... may God be with you and your family, writes Renuga appreciatively to her sponsor. Educate Lanka extended its reach to the war-ravaged North in 2013, starting from Omanthai, Vavuniya. Driven by the understanding that education is a fundamental human right, we initiated Educate Lanka as a means to provide that opportunity to students who would otherwise not be able to afford a quality education. By developing a peer-to-peer crowd-funding model, we enabled a platform for individual philanthropists, mainly from the extensive Diaspora community around the world, to give those students an opportunity with simple $10-$25 monthly scholarships, through which 100 percent of their funds reach the students. By committing to fund students through the completion of their higher education, and by providing on the ground mentoring through our community leaders, we ensure that students are given access to and are able to gain a quality education. Every month for the past five years, we have heard stories on how our efforts are making a lasting difference in someone else's life. These stories from real people are the reason for our continued passion and drive to keep pushing our limits and overcome challenges to serve those who deserve a better future. One of Educate Lanka's very first students, Sayuri, provides such an example that inspires us to continue. When Sayuri was chosen by Educate Lanka in 2007 as a grade 11 student, her father had passed away, and her mother, the only income earner in the family, was struggling to make ends meet and provide for Sayuri's education. Today, in her fifth consecutive year of Educate Lanka scholarships, Sayuri writes enthusiastically to her sponsor: The scholarship you have conferred upon me has been very beneficial... I was selected to pursue my higher education at the University of Sabaragamuwa. [My] journey would not have been a success without your support. Let me and my mother wholeheartedly and ardently say thank you for this precious opportunity you have given me. The greatest inspiration is witnessing the impact of our efforts on another person's life. Since our inception, operating on a voluntary basis, we have provided scholarships to nearly 400 students similar to Rashmi, Renuga, and Sayrui, valuing approximately Rs. 18 million (US $150,000). Among these students, almost 200 are females. It has been said that when you educate a woman, you educate a generation, and we could not agree more when we look at our own impact in Sri Lanka. Building on our track record, we are now focusing more than ever before to extend Educate Lanka's efforts to many more deserving lives. We are committed to building the next generation of leaders from underprivileged backgrounds not only in Sri Lanka, but also in other countries that could benefit by replicating our model. This post is part of a series produced by The Huffington Post and IGNITEgood in recognition of International Women's Day, on March 8.
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NEWS-MULTISOURCE
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Infinite Systems Verification Day
From Numerical Transition Systems
Jump to: navigation, search
When: Thursday, September 29th, 2016
Where: Auditorium, Ground Floor, IMAG Building
Registration: the event is free and open to the public
Travel and hotels: Grenoble local information
9:00 Welcome
9:30-10:30 Andreas Podelski (University of Freiburg) [video]
Thread Modularity on the Next Level
A thread-modular proof for the correctness of a concurrent program is based on an inductive and interference-free annotation of each thread. It is well-known that the corresponding proof system is not complete (unless one adds auxiliary variables). We introduce a hierarchy of proof systems where each level k corresponds to a new notion of thread modular- ity (level 1 corresponds to the original notion). Each level is strictly more expressive than the previous. The hierarchy can be used to prove interesting programs. We give the to our knowledge first proof of the MACH shootdown algorithm for TLB consistency. The algorithm is correct for an arbitrary number of CPUs. This is joint work with Jochen Hoenicke and Rupak Majumdar.
10:30-11:30 Joel Ouaknine (Max Planck Institute for Software Systems and Oxford University) [video]
Decision Problems for Linear Dynamical Systems
Dynamical systems, both discrete and continuous, permeate vast areas of mathematics, physics, engineering, and computer science. In this talk, we consider a selection of natural decision problems for linear dynamical systems, such as reachability of a given hyperplane. Such problems have applications in a wide array of scientific areas, ranging from theoretical biology and software verification to quantum computing and statistical physics. Perhaps surprisingly, the study of decidability and complexity questions for linear dynamical systems involves techniques from a variety of mathematical fields, including analytic and algebraic number theory, Diophantine geometry, and real algebraic geometry. I will survey some of the known results as well as recent advances and open problems.
11:30-12:30 Parosh Aziz Abdulla (Uppsala University) [video]
Automatic Verification of Linearization Policies
We consider the problem of proving linearizability for concurrent threads that access a shared data structure. Such systems give rise to unbounded numbers of threads that operate on an bounded data domain and that access dynamically allocated memory. Furthermore, proving linearizability is harder than proving control state reachability due to existentially quantified linearization points. The problem is further complicated by the presence of advanced features such as non-fixed linearization points, speculation, and helping. In this presentation, we present a framework that can automatically verify linearizability for concurrent data structures that implement sets, stacks, and queues. We use a specification formalism for linearization techniques which allows the user to specify, in a simple and and concise manner, complex patterns including non-fixed linearization points. Then, we define abstraction techniques that allow to make the size of the data domain and the number of threads finite.
14:00 Habilitation a Diriger des Recherches
Radu Iosif (Verimag) Automata and Logics for Program Verification [video]
Jury:
• Alain Finkel (LSV, ENS de Cachan) reviewer
• Parosh Aziz Abdulla (Uppsala University) reviewer
• Joel Ouaknine (Max Planck Institute for Software Systems and Oxford University) reviewer
• Ahmed Bouajjani (Universite Paris Diderot) examiner
• Andreas Podelski (University of Freiburg) examiner
• Nicolas Halbwachs (Verimag, CNRS, Universite de Grenoble Alpes) examiner
Abstract In this thesis, we present several theoretical and practical results on program verification, the main purpose being that of providing cost-efficient solutions to problems that almost always belong to undecidable classes. We appeal to logic and automata theory as they provide essentially the mechanisms to problem solving that are needed for program verification. In this respect, we investigate:
• logics for reasoning about infinite sets of program configurations, involving infinite data domains (array logics) and complex recursive data structures (separation logic), and
• automata extended with integer variables (counter machines), possibly with unbounded stacks (recursive integer programs).
We devoted special attention to the connection between logic and automata theory, by using counter machines and tree automata as effective decision procedures for array logics and separation logic, respectively. In this respect, we identified new decidable logical fragments and classes of automata and studied the complexity of their decision problems, such as, e.g. validity, reachability and termination, respectively. Most of these theoretical results have been implemented within prototype tools used to carry out experimental evaluations of their practical efficiency.
17:00 Cocktail
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ESSENTIALAI-STEM
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Dyggvi
In Norse mythology, Dyggvi or Dyggve (Old Norse "Useful, Effective" ) was a Swedish king of the House of Ynglings. Dyggvi died and became the concubine of Hel, Loki's daughter. Dyggvi was succeeded by his son Dag the Wise. According to Snorri Sturluson, Dyggvi was the nephew of Dan, the eponymous ancestor of Denmark, through his sister Drott, and was the first to be called King by his family.
Attestations
Snorri Sturluson wrote of Dygvvi's father Domar in his Ynglinga saga (1225):
About Dyggvi's mother Snorri had more to say:
In his Ynglinga saga, Snorri Sturluson included a piece from Ynglingatal composed in the 9th century:
The Historia Norwegiæ presents a Latin summary of Ynglingatal, older than Snorri's quotation:
The even earlier source Íslendingabók also cites the line of descent in Ynglingatal and it also gives Dyggvi as the successor of Dómarr and the predecessor of Dagr: ''ix Dómarr. x Dyggvi. xi Dagr''.
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WIKI
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Parameter lists in NHibernate
Occasionally I need to return a set of entites that match a collection of parameters. In SQL, I would use the “IN” clause, then manually create each parameter in ADO.NET. With NHibernate, that’s not necessary anymore. NHibernate has built-in capabilities for a collection parameter, creating all the necessary ADO.NET parameters behind the scenes.
For example, suppose my database has the following structure (from Northwind):
What I’m trying to do is to load up all Products for a certain set of Categories. My Product and Category class are nothing interesting:
public class Category
{
public int Id { get; set; }
public string Name { get; set; }
}
public class Product
{
public int Id { get; set; }
public string Name { get; set; }
public Category Category { get; set; }
}
I didn’t bother mapping all of the properties, just the ones for the classes defined above. Here are the mapping files:
<class name="Category" table="Categories">
<id name="Id" column="CategoryID" type="int">
<generator class="assigned" />
</id>
<property name="Name" not-null="true" column="CategoryName" />
</class>
<class name="Product" table="Products">
<id name="Id" column="ProductId" type="int">
<generator class="assigned" />
</id>
<property name="Name" not-null="true" column="ProductName" />
<many-to-one name="Category" column="CategoryID">
</many-to-one>
</class>
When using plain HQL, I need to use the SetParameterList method on the IQuery object:
[Test]
public void Should_get_products_by_categories_correctly_using_HQL()
{
ISession session = GetSession();
string hql = @"from Product p
where p.Category in (:categories)";
var categoriesToSearch = new[] {new Category {Id = 1}, new Category {Id = 2}};
var query = session.CreateQuery(hql);
query.SetParameterList("categories", categoriesToSearch);
var products = query.List<Product>();
products.Count.ShouldEqual(24);
}
When using the Criteria API, I’ll need to use the InExpression:
[Test]
public void Should_get_products_by_categories_correctly_using_criteria()
{
ISession session = GetSession();
var criteria = session.CreateCriteria(typeof(Product));
var categoriesToSearch = new[] {new Category {Id = 1}, new Category {Id = 2}};
criteria.Add(new InExpression("Category", categoriesToSearch));
var products = criteria.List<Product>();
products.Count.ShouldEqual(24);
}
When I execute both of these, NHibernate produces the correct IN expression for each. Unfortunately, I am ashamed to say I initially tried to create the parameter list myself. Next time, I’ll know better.
Related Articles:
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About Jimmy Bogard
I'm a technical architect with Headspring in Austin, TX. I focus on DDD, distributed systems, and any other acronym-centric design/architecture/methodology. I created AutoMapper and am a co-author of the ASP.NET MVC in Action books.
This entry was posted in NHibernate. Bookmark the permalink. Follow any comments here with the RSS feed for this post.
• Ray
Oh boy… Jimmy you not the only one… Thanks for sharing!
• Ted
Can you use parameters in an in clause? Or does it just produce something like:
SELECT * from Products
WHERE CATEGORY IN (1,2)
• http://jimmybogard.lostechies.com Jimmy Bogard
@Ted
No, it creates parameters for each value for you. I forgot to include the SQL generated in the post.
• http://www.thefreakparade.com Nathan
Any idea if there is a LINQ for NH syntax to accomplish the same thing. We’re humming along using LINQ but have to drop down to HQL for these pesky IN style queries.
• http://jimmybogard.lostechies.com Jimmy Bogard
@Nathan
Try using the “join” LINQ clause. I’m not sure if the Linq to NH developers support this use, but I’ve seen examples for other IQueryProvider implementations.
• chris
I hate asking for help on blog posts but this is so close…
From your example above, using the criteria API. How would I get a list of categories given a list of products.
Thanks for your time!
• chris
Figured it out…
needed to add a bag to the Categories
use a CreateCritera and InExpression
Thanks again!
• http://www.lostechies.com/members/bogardj/default.aspx bogardj
@chris
Good, cause I was stumped!
• Rich
Just as a heads up, there seems to be some bugs using empty lists and null lists using the SetParameterList. If you change to use Criteria, then it’ll work fine.
• http://jcallico.myopenid.com/ Javier Callico
I as well was building the IN list myself until I found your article. It works great. The generated sql for a list containing two values looks like this: ‘… where event0_.Code in (@p0 , @p1)’,@p0=N’Test’,@p1=N’Test2′
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ESSENTIALAI-STEM
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Margit Danÿ
Margit Danÿ (5 February 1906 – 22 January 1975) was a Hungarian fencer. She competed in the women's individual foil at the 1928 and 1932 Summer Olympics.
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WIKI
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CERVICAL SNAGS A BIOMECHANICAL ANALYSIS PDF
Shakakasa These factors suggest that compressive forces, whether they are due to muscle spasm, voluntary stabilizing muscular activity, or to gravity in an upright position, are likely to increase stiffness and therefore reduce accessory movement for a given gliding force. What does Whiplash mean? In the context of the spine: Skip to search form Skip to main content. In their analysis, they assumed that there were no significant horizontal compressive forces through the spine and only loadings in the sagittal plane were considered.
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Gasar Protrusions and slipped discs as phenomena originated by compression A new approach biomechanicak the global non-compensated muscular stretching Protrusions and slipped discs as phenomena originated by compression A new approach with the global non-compensated muscular stretching Authors: Sprague R The acute cervical joint lock.
In addition to its slight upward convexity in the sagittal plane, the uncinate processes have given the cervical vertebral body a marked upward concavity in the frontal plane, thus providing a saddle aa that has two axes of motion perpendicular to each other and located on opposite sides of the joint Milne ; Penning Shirley D, Lee M, Ellis E The relationship between submaximal activity of the lumbar extensor muscles and lumbar posteroanterior stiffness. Biomechanics of Joints, s and Tendons.
While there are no data to suggest the resultant joint displacement between the therapist applied superoanterior glide and the opposing forces of muscular contraction and gravity, a review of cevical cervical spine kinematics will facilitate a discussion of the possible articular effects of the chosen technique.
Biomechanical Analysis of the Deadlift aka Spinal Mechanics for Lifters Snagss Leyland Mechanical terminology The three directions in which forces are applied to human tissues are compression, tension. Preface The staff in accident and emergency departments and doctors in fracture clinics alike may at times find themselves inadequately equipped to identify the exact type of a given fracture without access. However, several assumptions related to the clinical application of cervical SNAGs require stating beforehand.
Spinal Decompression Spinal decompression is just one more tool we have to treat radiculopathy. Vertebral anatomy study guide. These factors suggest that compressive forces, whether they are due to muscle spasm, voluntary stabilizing muscular activity, or to gravity in an upright position, are likely to increase stiffness and therefore reduce accessory movement for a given gliding force.
With one thumb reinforced by the other placed on the articular pillar of the upper vertebra of the implicated functional-spinal unit FSUthe therapist applies a sustained passive accessory intervertebral movement PAIVM superoanteriorly along the facet plane. Hartman L Classification and application of osteopathic manipulative techniques.
Atlanto-Occipital Dislocation Craniovertebral Dissociation Preface The staff in accident and emergency departments and doctors in fracture clinics alike may at times find themselves inadequately equipped to identify the exact type of a given fracture without access More information. Biomechanics of Lifting and. The spine rating is inclusive of leg symptoms except for gross motor weakness, bladder or bowel dysfunction, or sexual. Clinical Science and Practice.
The normal axis of coupled motion can be seen open circle. Rivett Published in Manual therapy A sustained natural apophyseal glide SNAG is a mobilization technique commonly used in the treatment of painful movement restrictions of the cervical spine. Flatten into supracondylar ridges End in More information.
Cervical SNAGs: a biomechanical analysis Although a cervical SNAG may clinically be able to resolve painfully restricted cervical spine movement, it is difficult to explain biomechanically why a technique which first distracts opens and then compresses closes the zygapophyseal joint ipsilateral to the side ofpain, and perhaps slightly distracts the uncovertebral cleft, would be superior to a technique which distracts the articular surfaces with both accessory and physiological movement components.
Robinovitch Effect of abdominal pressure on lifting mechanics Cantilever model of lifting Forces on the lumbar More information. Common Extensor Tendon vervical. Symptoms may include pain in the cervical spine. Cervical SNAGs: a biomechanical analysis. It is acknowledged that other spinal structures, such as certain neural tissues or surrounding musculature, may play a role in the mechanism of action of cervical SNAGs, but are not considered for the purposes of this review.
Although the chosen technique could theoretically resolve these problems it is difficult to explain biomechanically why a technique which first distracts and then compresses the ipsilateral zygapophyseal joint, and perhaps slightly distracts the ipsilateral aspect of the uncovertebral cleft, would be superior to a technique which distracts the articular surfaces with both accessory and physiological movement components. Johnson M, Lucas G Value of cervical spine radiographs as a screening tool.
From This Paper Topics from this paper. Spinal pain, headache, mood, blood pressure, pulse and lung capacity are among the functions most easily More information. A Case Report Peter A. Case Report Peer review status: Unilateral application of the accessory movement is recommended by Mulliganas he suggests spinal lesions are generally unilateral. If you or a loved one have amalysis because of a negligent error during spinal surgery, you will be going through a difficult time.
Mercer S, Bogduk N The ligaments and anulus fibrosus of human adult cervical intervertebral discs. A sustained natural apophyseal glide SNAG of the cervical spine, first introduced by Mulligan inis one such procedure.
Why do we need Kinesiology? Plane View Services, Wellington Nathan Analtsis, Keller T Measurement and analysis of the in-vivo posteroanterior impulse response of the human thoracolumbar spine: British Journal of Rheumatology cervicak Spinal Decompression Spinal Decompression Spinal decompression is just one more tool we have to treat radiculopathy. However, the previous biomechanical analysis does not indicate as to why any improvement would be further enhanced by ipsilateral active movement.
Sports Medicine 15 Unit I: There remains a need for clinical trials of cervical SNAGs, perhaps including the aforementioned alternate combinations of accessory and snagss movement, in order to provide empirical evidence to support their reported clinical efficacy. The posterior part of the disc, with its uncovertebral cleft flanked by uncinate processes, therefore acts like a socket within which the superior vertebral body of the FSU rolls Penning ; Milne ; Mercer.
Clark C ed The Cervical Spine, 2nd edn. Paterson J Spinal manipulation: Most 10 Related.
INEDITO YVONNE VENEGAS PDF
Cervical SNAGs: a biomechanical analysis
Man Ther. Cervical SNAGs: a biomechanical analysis. Hearn A 1 , Rivett DA. In the manual therapy literature, the biological basis and empirical efficacy of cervical SNAGs have received scant attention. In particular, an examination of their potential biological basis in order to stimulate informed discussion seems overdue. This paper discusses the likely biomechanical effects of both the accessory and physiological movement components of a unilateral cervical SNAG applied ipsilateral to the side of pain when treating painfully restricted cervical rotation. Although a cervical SNAG may clinically be able to resolve painfully restricted cervical spine movement, it is difficult to explain biomechanically why a technique which first distracts opens and then compresses closes the zygapophyseal joint ipsilateral to the side of pain, and perhaps slightly distracts the uncovertebral cleft, would be superior to a technique which distracts the articular surfaces with both accessory and physiological movement components.
AXIS T8311 JOYSTICK PDF
Cervical SNAGs: a biomechanical analysis.
Gasar Protrusions and slipped discs as phenomena originated by compression A new approach biomechanicak the global non-compensated muscular stretching Protrusions and slipped discs as phenomena originated by compression A new approach with the global non-compensated muscular stretching Authors: Sprague R The acute cervical joint lock. In addition to its slight upward convexity in the sagittal plane, the uncinate processes have given the cervical vertebral body a marked upward concavity in the frontal plane, thus providing a saddle aa that has two axes of motion perpendicular to each other and located on opposite sides of the joint Milne ; Penning Shirley D, Lee M, Ellis E The relationship between submaximal activity of the lumbar extensor muscles and lumbar posteroanterior stiffness. Biomechanics of Joints, s and Tendons. While there are no data to suggest the resultant joint displacement between the therapist applied superoanterior glide and the opposing forces of muscular contraction and gravity, a review of cevical cervical spine kinematics will facilitate a discussion of the possible articular effects of the chosen technique.
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FIFA Is Said to Open Corruption Cases Against Caribbean Soccer Officials
Soccer’s governing body will start
corruption proceedings against more than 10 Caribbean officials
after a probe into allegations they took money from a candidate
in its presidential election, according to two people familiar
with the matter. FIFA on July 26 gave the officials from the Caribbean
Football Union 48 hours to come forward with information about a
meeting where Mohamed Bin Hammam, a one-time challenger to FIFA
President Sepp Blatter , allegedly offered envelopes stuffed with
$40,000. Bin Hammam, the former head of soccer in Asia , is
appealing the lifetime ban he was given from the sport. Zurich-based FIFA’s ethics panel will meet today and is
likely to bring the cases after more witnesses came forward to
give details of the May 9 and 10 meeting at a hotel in Port-of-
Spain, Trinidad and Tobago , according to one of the people with
knowledge of the investigation. The pair were granted anonymity
because they weren’t authorized to discuss the matter publicly. “We cannot speculate on what will happen,” FIFA said in
an e-mailed statement. Ben Spencer, a spokesman for the
Confederation of North, Central American and Caribbean
Association Football, didn’t respond to an e-mail or telephone
messages seeking comment. Bin Hammam became the highest-ranked soccer official to be
excluded from the sport on July 23. FIFA has spent a year trying
to deal with corruption allegations linked to the presidential
election as well as the choice of host for the World Cup, which
brings in $4 billion. Warner Quits One of FIFA’s vice presidents, Trinidad-based Jack Warner,
quit the sport after being suspended pending the investigation
into him and Bin Hammam. He arranged the Qatari’s meeting with
the CFU and the duo were first suspended May 29. FIFA dropped
its case against Warner, saying “the presumption of innocence
is maintained,” following his withdrawal from the sport. Warner
was also head of Concacaf, the regional body. The new cases would lead to the largest mass suspension of
officials in FIFA’s 107-year history. Six officials were
suspended in October after allegations of vote buying linked to
World Cup bidding. The inquiry has been led by former U.S. Federal Bureau of
Investigation director Louis Freeh. FIFA told the officials they would face less severe
punishment should they come forward with information on the
case. The Caribbean authorities may get lifetime bans if they
were found to be withholding information. Some of the attendees
have changed their stories about what happened, according to one
of the people. ‘Zero Tolerance’ “Truthful and complete reporting will be considered in
mitigation by the ethics committee when deciding on potential
sanctions,” FIFA said last month. “Any person who has relevant
information but does not come forward during this 48-hour period
will be subject to the full range of sanctions.” Blatter secured a fourth four-year term unopposed after Bin
Hammam, the only other candidate, withdrew. Blatter promised a
“zero tolerance” approach to fighting wrongdoing upon re-
election on June 1. Cuba was the only member of the 25-strong CFU that didn’t
send a delegate to the Trinidad meeting where Bin Hammam pitched
for votes. Officials from nine countries told investigators they
had accepted or were offered envelopes full of cash. The
remaining 15 denied any knowledge of the incident or refused to
take part in the probe. “Many cases, which look very simple, are not as simple as
they look and this one could be a complicated case,” Guido Tognoni, a former adviser to Blatter at FIFA, said in a
telephone interview. ‘Flimsy’ Evidence Bin Hammam, 62, said he’ll appeal to the Court of
Arbitration for Sport and Swiss civil courts if FIFA doesn’t
overturn his ban, which he claims is based on “flimsy”
evidence. On Aug. 4, he complained about the time taken to
publish the reasons behind his suspension. “This delay is suspicious in that it gives FIFA the time
to devise a justification for a decision that it was always
going to make anyway,” he said on his blog . “This is also
outrageous as FIFA has been quick to publicize my guilt while
holding up my opportunity to appeal.” The ethics committee will also hear a case against Lisle
Austin, a Barbados official who briefly replaced Warner as head
of Concacaf. He’s alleged to have broken FIFA statutes
concerning taking legal action in civil courts. All disputes
must be settled by governing bodies or the Swiss-based Court of
Arbitration for Sport, according to FIFA. Ryan Toohey, a
spokesman for Austin, wasn’t immediately able to comment. To contact the reporters on this story:
Tariq Panja in London at
tpanja@bloomberg.net . To contact the editor responsible for this story:
Chris Elser at
celser@bloomberg.net
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-- Shekel Loss Is Steinitz Gain as Exports Climb: Israel Overnight
Israel’s weakening shekel, the
second-worst performing currency this year in Europe , Middle
East and Africa on concern the nation may be poised to attack
Iran , will boost growth for the export-focused economy, Finance
Minister Yuval Steinitz said. The currency retreated to the lowest level in three years
against the dollar on July 26 on mounting concern that Israel’s
military may strike Iran before November elections in the U.S.
The shekel rose 0.2 percent against the dollar yesterday to 3.97
to pare its retreat this year to 3.9 percent, the biggest
decliner in the region after the Romanian Leu. The Israeli
currency was little changed today. Israel’s economic growth unexpectedly accelerated for the
first time in more than a year in the second quarter, driven by
an increase in exports and consumer spending . Overseas shipments
account for about 40 percent of gross domestic product. Bank of
Israel Governor Stanley Fischer ended a program of buying
foreign currency after doubling the central bank’s reserves to
$75.6 billion since March 2008. “We are quite happy with the current level of the
shekel,” Steinitz, 54, said in an interview in New York
yesterday. “I think that is also probably the position of
Governor Stanley Fischer because I see he is not interfering
anymore.” The Bloomberg Israel-US 25 Index (ISRA25BN) of the largest Israeli
companies traded in New York declined for a second day, falling
0.8 percent to 84.48 with Mellanox Technologies Ltd. leading the
losses. Intel, Apple Israel’s economy will grow at least 4 percent on average in
the next 10 years as global companies from Intel Corp . to Apple
Inc. invest in the country, Steinitz said. “This is significant for an already developed economy,”
he said. “ Job creation is very good since the beginning of this
year and investment in the real economy is still growing.” Apple acquired an Israeli company in January and Intel’s
investment unit said will expand its focus in the country in
July. Increasing participation of orthodox Jews and Israeli
Arabs in the labor market, government investment in education
and production of gas from the Mediterranean will also boost
economic growth in the coming years, Steinitz said. The yield on the benchmark Mimshal Shiklit 5.5 percent
bonds due January 2022 was unchanged at 4.28 percent at 9:51
a.m. in Tel Aviv. The yield slipped yesterday after jumping 12
basis points in the previous five days to 4.31 percent, the most
in two months. ‘A Lot Higher’ “The potential growth is a lot higher than 4 percent,”
Bank Hapoalim Ltd. Chairman Yair Seroussi said. “The question
is what will happen in the next year, next two years.” The shekel will trade at about the same level if the
government keeps the budget in check, he said. The currency
weakened to 3.968 a dollar today. The lender, Israel ’s second-largest bank by assets, will
probably post a return on equity of 10 percent to 12 percent
this year, said Seroussi, who is in New York as part of a
business delegation to promote investment in Israel. Hapoalim increased its middle market lending in the last
two years to 27 percent from 23 percent to diversify its
portfolio, Seroussi said. Hapoalim’s net income in the second quarter fell to 607
million shekels ($151 million) from 712 million shekels a year
ago, according to an Aug. 30 statement. Provisions for bad debt
increased to 344 million shekels in the previous quarter from
327 million shekels during the same period in 2011. Exports of merchandise and services rose 10.3 percent in
the second quarter, the Jerusalem-based Central Bureau of
Statistics said in am e-mailed statement on Aug. 16. The economy
expanded an annualized 3.2 percent compared with a revised 2.8
percent in the first three months of the year, it said. IDB’s Loss Yields on IDB Holding Corp.’s 2020 bond increased to a
record and the shares fell on Sept. 5 after its credit rating
was cut and the holding company owned by Israeli billionaire
Nochi Dankner said its second-quarter loss widened. A Tel Aviv district court has given the company 21 days to
reach an agreement with bondholders over payments, the company
said last week. The inability of IDB, which controls Cellcom Israel Ltd.
and Shufersal Ltd., to repay creditors won’t have a “dramatic”
impact on the Israeli economy and the local labor market,
Steinitz said. “The companies below are good companies and there is no
reason why they won’t continue to function,” he said. Mellanox, Allot Israel, whose population of 7.8 million is similar in size
to Switzerland ’s, has about 60 companies traded on the Nasdaq
stock market, the most of any country outside the U.S. after
China . The nation is also home to more startup companies per
capita than the U.S. Mellanox (MLNX) , the maker of technology used to transfer and
store data, slid 8.3 percent, the most in a year, to $101.65.
The shares in Tel Aviv fell 3.7 percent today to 404.3 shekels,
or the equivalent of $101.95. The shares declined after Stifel Nicolaus & Co. cut its
recommendation on the stock last week and Intel reduced its
sales forecast. Allot Communications Ltd. (ALLT) rose for a third day in New York,
climbing 0.7 percent to $27.69. The Tel Aviv shares added 1.8
percent to 110.5 shekels, or $27.86, today. The Israeli maker of technology that manages traffic on
networks may benefit from more demand for its products as Apple
Inc. is expected to show a redesigned iPhone on Sept. 12,
Matthew Robison, an analyst at Wunderlich Securities Inc. said
by phone from San Francisco yesterday. To contact the reporter on this story:
Sridhar Natarajan in New York at
snatarajan15@bloomberg.net To contact the editor responsible for this story:
Tal Barak Harif at
tbarak@bloomberg.net
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function x = posllr(elon,nlat,range) % POSLLR - Calculate position given longitude, latitude, and range. % x = posllr(elon,nlat [,range]) % % Calculates an Nx3 vector 'x' of Earth-fixed Cartesian % positions given Nx1 input vectors specifying longitude, % latitude, and range. Longitude 'elon' is specified in % east degrees and latitude in north degrees. If 'range' % parameter is omitted, Earth radius is assumed. % % P.G. Bonanni % 3/7/95 % Constants rad2deg = 180/pi; deg2rad = pi/180; % Earth radius Re = 6370; % (km) % Default range value if nargin<3, range = Re*ones(size(elon)); end % Convert to radians az = elon * deg2rad; el = nlat * deg2rad; % Cartesian position vector [x1,x2,x3] = sph2cart(az,el,range); x = [x1,x2,x3];
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ESSENTIALAI-STEM
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MATLAB Answers
0
Can I analytically solve a logarithmic equation using the symbolic toolbox?
Anik Faisal さんによって質問されました 2019 年 3 月 19 日
最新アクティビティ John D'Errico
さんによって 回答されました 2019 年 3 月 20 日
I have an equation : where A is a constant. I have tried to solve this equation for 'u' with the symbolic toolbox. I am getting the following error:
Warning: Unable to find explicit solution. For options, see help.
In solve (line 317) . Any suggestions how the equation can be solved?
syms u A
eqn=u/(log(u)+1)-A==0;
solve(eqn,u)
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1 件の回答
回答者: John D'Errico
2019 年 3 月 20 日
採用された回答
Sigh. Sorry. I typed too fast there, and I answered incorrectly. Not sure why solve does not get this.
Multiply by log(u) + 1. Valid as long as u is not 1/e.
u = A*(log(u) + 1)
Transform this using x = log(u) + 1. Then u = exp(x - 1) = exp(x)/exp(1). Our problem is now:
exp(x)/exp(1) = A*x
or
exp(x) = exp(1)*A*x
Solve seems to see how to do that.
syms x A
xsol = solve(exp(x) == exp(1)*A*x,x)
xsol =
-lambertw(0, -1125899906842624/(3060513257434037*A))
usol = exp(xsol - 1)
usol =
exp(- lambertw(0, -1125899906842624/(3060513257434037*A)) - 1)
Verify this satisfies the original problem.
vpa(simplify(subs(u/(log(u)+1)-A,u,usol)))
ans =
0.00000000000000011018891328384950189261640307115*A
It looks like solve used a floating point approximation for exp(1) in there, so we still got zero, plus some floating point trash.
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Page:Popular Science Monthly Volume 64.djvu/80
76
committees now being appointed under the new Act. The educational section of the association having been but recently added, the corresponding societies have as yet not had much opportunity for taking part in this branch of the association's work; and in view of the reorganization in education now going on all over the country your committee are of opinion that no more opportune time is likely to occur for the influence of scientific organizations to make itself felt as a real factor in national education. . ..
I believe that if these suggestions or anything like them—for some better way may be found on inquiry—are accepted, great good of science throughout the Empire will come. Rest assured that sooner or later such a guild will be formed because it is needed. It is for you to say whether it shall be, or form part of, the British Association. We in this Empire certainly need to organize science as much as in Germany they find the need to organize a navy. The German Navy League, which has branches even in our Colonies, already has a membership of 630,000, and its income is nearly 20,000l. a year. A British Science League of 500,000 with a sixpenny subscription would give us 12,000l a year, quite enough to begin with.
I for one believe that the British Association would be a vast gainer by such an expansion of one of its existing functions. Increased authority and prestige would follow its increased utility. The meetings would possess a new interest; there would be new subjects for reports; missionary work less needed than formerly would be replaced by efforts much more suited to the real wants of the time. This magnificent, strong and complicated organization would become a living force, working throughout the year, instead of practically lying idle, useless and rusting for 51 weeks out of the 52 so far as its close association with its members is concerned.
If this suggestion in any way commends itself to you, then when you begin your work in your sections or general committee see to it that a body is appointed to inquire how the thing can be done. Remember that the British Association will be as much weakened by the creation of a new body to do the work I have shown to have been in the minds of its founders as I believe it will be strengthened by becoming completely effective in every one of the directions they indicated, and for which effectiveness we their successors are indeed responsible. The time is appropriate for such a reinforcement of one of the wings of our organization, for we have recently included education among our sections.
There is another matter I should like to see referred to the committee I have spoken of, if it please you to appoint it. The British Association, which as I have already pointed out is now the chief body in the Empire which deals with the totality of science, is, I believe, the only organization of any consequence which is without a charter, and which has not His Majesty the King as patron.
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What Is Pattern-Oriented Software Architecture? - dummies
What Is Pattern-Oriented Software Architecture?
By Robert Hanmer
Part of Pattern-Oriented Software Architecture For Dummies Cheat Sheet
Understanding pattern-oriented software architecture (POSA) begins with understanding the two concepts that it comprises: software architecture and software patterns.
• Software architecture: Software architecture can mean different things, depending on your role. Developers think that it means the structure of the system being built. Testers think that it’s the shape of what they need to test. For everyone, it’s the high-level structure of the solution to a problem that the customer or client wants solved.
• Software pattern: A software pattern is a solution to a software design or coding problem that has been useful at least three times. The recurrence shows that the pattern is a common solution that works over and over again. Patterns don’t solve your problem for you, but they help you understand how to solve it. They explain the steps that you need to follow and explain the trade-offs you must balance to achieve a solution.
Putting these two concepts together, you get the high-level structure of a solution to a customer’s or client’s problem that is based on proven ideas. When you use the appropriate pattern to structure your solution, you can be confident that the basic structures of the architecture are sound, because they’ve been used before.
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Research-backed
Port Wine Stains In Babies: Causes, Symptoms, And Treatment
Port Wine Stains In Babies
Image: Shutterstock
IN THIS ARTICLE
A port-wine stain birthmark, also known as nevus flammeus, is a congenital vascular malformation of the skin. It affects three to five children per 1,000 live births and results from the concentration of dilated tiny blood vessels called capillaries.
Although it is not a cause for concern in most cases, it is good to get your baby’s port-wine stain birthmark evaluated, as approximately 15-20% of children with this type of birthmark around the eye are at risk of developing Sturge-Weber syndrome (1).
Read this post on the symptoms, complications, and treatments for port-wine stain birthmarks in babies.
Signs Of Port-Wine Stain Birthmarks In Babies
As the name suggests, port-wine stain birthmarks look like maroon wine splashed on the skin. These generally appear at birth and are often seen on the face, neck, arms, and legs. In some rare cases, they continue to grow as the child grows.
Here are a few signs that might help you identify port-wine stain birthmarks in your baby.
1. Looks flat and pink, red, or purple
2. Maybe confined to an area or cover larger areas of the body
3. Doesn’t change color when gently pressed
4. Might get darker or thicker as the child grows older
5. Is persistent and does not disappear over time (2)
Causes Of Port-Wine Stain Birthmarks In Babies
The exact cause of port-wine stain birthmarks is not known. However, it is believed to be caused due to an abnormal formation of tiny blood vessels in the skin. It is also believed that these develop during the first two to eight weeks of pregnancy (3) (4).
Complications Of Port-Wine Stain Birthmarks
Like any other birthmark, port-wine stain birthmarks are harmless and are rarely associated with any underlying issue. However, in some rare cases, this birthmark could be associated with Sturge-Weber syndrome. The condition is often characterized by symptoms such as seizures, glaucoma, cerebral cortex atrophy, headache, developmental delays, and intellectual impairments. Children who have port-wine stain birthmarks covering half of the face or more are at a higher risk of developing this condition (5) (6).
It could also be associated with Klippel-Trenaunay-Weber syndrome, a condition that affects the development of blood vessels and soft tissues (7).
Apart from the physical complications, port-wine stain birthmarks may also cause mental issues as the baby grows up. They may feel low self-esteem and can even go into depression, fearing rejection.
Diagnosis Of Port-Wine Stain Birthmark
The doctor would be able to diagnose port-wine stain birthmarks via a physical examination. But, if the birthmark is present around the eye or on the face, the doctor might monitor it. They may order tests such as X-ray, CT scan, or MRI.
Treatment For Port-Wine Stain Birthmark In Babies
Generally, port-wine stain birthmarks may not need treatment. However, if the stains cover a large area of the body, or you feel it is necessary to get them removed, laser treatment is the best available option.
Laser treatment can be started by the time your baby is six months old. Talk to your pediatrician before starting the treatment.
This birthmark tends to get dry, so it is important to apply a moisturizing cream once or twice a day (8).
Port-wine stain birthmarks are common in babies and are not a cause for concern in most cases. However, if you notice these birthmarks around your baby’s eyes or if the birthmarks are large, consult your baby’s doctor.
References:
MomJunction's health articles are written after analyzing various scientific reports and assertions from expert authors and institutions. Our references (citations) consist of resources established by authorities in their respective fields. You can learn more about the authenticity of the information we present in our editorial policy.
1. Vi Nguyen et al.; The Pathogenesis of Port Wine Stain and Sturge Weber Syndrome: Complex Interactions between Genetic Alterations and Aberrant MAPK and PI3K Activation; International Journal of Molecular Sciences (2019).
2. Birthmarks in Infants; Stanford Children’s Health
3. Port Wine Stain Birthmark; Vascular Birthmarks Foundation
4. Port-wine stain; National Institutes of Health
5. Kira Minkis, Roy G. Geronemus, and Elizabeth K. Hale; Port Wine Stain Progression: A Potential Consequence of Delayed and Inadequate Treatment?; HHS Author Manuscripts (2015).
6. Types of Birthmarks in Children; NYU Langone Hospitals
7. Port wine stains; Great Ormond Street Hospital for Children
8. Port wine stains; The Royal Children’s Hospital Melbourne
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Simon Haughton
Simon James Haughton (born 10 November 1975) is an English former professional rugby league and rugby union footballer who played as a forward in the 1990s and 2000s. He played representative level rugby league for Great Britain and England, and at club level for the Wigan Warriors and Oldham RLFC, and club level rugby union for Orrell R.U.F.C..
Early life
Haughton was born in Bingley, West Yorkshire, England, and attended Bingley Grammar School. He grew up playing rugby league for amateur club Dudley Hill, signing a professional contract with Wigan on his 17th birthday.
Club career
Haughton made his debut in November 1993 in the second round of the 1993–94 Regal Trophy, scoring a try in a 22–8 win against Whitehaven.
He appeared as a substitute in the 1995 Premiership final, scoring a try in the 69–12 win over Leeds.
Haughton played in Wigan's 25–16 victory over St Helens in the 1995–96 Regal Trophy Final at Alfred McAlpine Stadium, Huddersfield on Saturday 13 January 1996.
He played for Wigan Warriors from the interchange bench in their 1998 Super League Grand Final victory over Leeds Rhinos.
In July 2002, Haughton switched codes to sign for rugby union side Orrell. He returned to rugby league in December 2004, signing for Oldham.
International honours
Haughton was an England international and debuted for the team at the 1995 Rugby League World Cup, making four appearances during the tournament. He made two further appearances for England in 1999 against France. He was also selected for the 2000 World Cup, but withdrew from the squad.
In the 1997 post-season Haughton was selected to play for Great Britain in the Super League Test series against Australia, scoring two tries in the third and deciding match.
Post-playing
After retiring from rugby, Haughton emigrated to Australia with his family.
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2021 Republic of the Congo presidential election
Presidential elections were held in the Republic of the Congo on 21 March 2021. Incumbent president Denis Sassou Nguesso was re-elected with 88% of the vote. His main opponent, Guy Brice Parfait Kolélas, died hours after polls closed.
Electoral system
The President of the Republic of the Congo is elected for a five-year term, with the possibility of a maximum of two re-elections. In the election, only the candidate who obtains an absolute majority of valid votes is elected. If no candidate reaches that majority, the two candidates with the highest votes face a second round twenty-one days after the results are announced by the Constitutional Court.
Conduct
Telecommunications were cut off during election day at a national level, mirroring events from the 2016 elections, a situation that was condemned by international organizations such as the African Union.
Results
Guy Brice Parfait Kolélas, the opposition presidential candidate, died from COVID-19 on a plane en route to France for treatment, on the afternoon of the election. Sassou Ngessou was reelected with 88.4% of the vote.
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Digital Signal Processing/Spectral Transforms
When designing a particular filter, it is common practice to first design a Low-pass filter, and then using a spectral transform to convert that lowpass filter equation into the equation of a different type of filter. This is done because many common values for butterworth, cheybyshev and elliptical low-pass filters are already extensively tabulated, and designing a filter in this manner rarely requires more effort then looking values up in a table, and applying the correct transformations. This page will enumerate some of the common transformations for filter design.
It is important to note that spectral transformations are not exclusively used for analog filters. There are digital variants of these transformations that can be applied directly to digital filters to transform them into a different type. This page will only talk about the analog filter transforms, and the digital filter transforms will be discussed elsewhere.
Low-Pass to Low-Pass
This spectral transform is used to convert between two lowpass filters with different cutoff frequencies.
* $$z^{-1} = \frac{1}{F(\hat{z})} = $$
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Page:Cornish feasts and folk-lore.djvu/97
Legends of Parishes, etc. 85 Sometimes at the present day it is "Bucca" is calling, Bucca being the nickname in Penzance for the inhabitants of Newlyn. " Penzance boys up in a tree, Looking as wisht (weak, downcast) as wisht can be ; Newlyn 'Buccas,' strong as oak. Knocking them down at every poke." The weather at Mount's Bay is also foretold by the look of the Lizard land, which lies south : " Wlien the Lizard is clear, rain is near." The marsh on Marazion Green still exists, and not many years ago no one cared to cross it after nightfall, especially on horseback, for at a certain spot close by the marsh a white lady was sure to arise from the ground, jump on the rider's saddle, and, like the " White Lady of Avenel," ride with him pillion-fashion as far as the Red river* that runs into the sea just below the smelting- works at Chyandour, a suburb of Penzance. The last person who saw her was a tailor of this town, who died in 1840. He was commonly called " Buck Billy," from his wearing till the day of his death a pigtail, a buff waistcoat, and a blue coat with yellow buttons. Marazion, or Market-jew, which latter is a corruption of its old Cornish name, Marghaisewe, meaning a Thursday's market, is a small town exactly opposite St. Michael's Mount. Until its present church was built its mayor sat in a very high seat with his back against a window. This is the origin of the Cornish proverb : " In your own light, like the mayor of Market-jew." This mayor is jokingly said to have three privileges. The first is, " That he may sit in his own light ; " the second, " Next to the parson ; " and the third, "If he see a pig in a gutter he may turn it out and take its place."f In the churchyard of the neighbouring parish of St. Hilary is a monument to the Rev. John Penneck, M.A., who, in the early part of the last century, was Chancellor of Exeter Cathedral. His ghost is very eccentric, sometimes getting into a passion, and on these occasions raising a great storm of wind. t Marazion is no longer a Corporate town.
* A small stream coloured by running through tin mining works,
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Wilhelm T. Unge
Baron Wilhelm Theodor Unge was a military engineer who invented a telemeter and various improvements to artillery. He was born in Stockholm, Sweden, in 1845. He worked with Alfred Nobel to improve the range and accuracy of Hale rockets, by using improved propellants and launching from cannons. It is possible that one of his rockets carried the Nobel camera that made the first aerial photograph from a rocket in April 1897.
After Nobel died in 1896, Unge obtained patents for improved rockets, with some sold to several countries. In 1908 he sold his patents to Friedrich Krupp.
In 1977, Unge was inducted into the International Space Hall of Fame.
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Taste-Tested Coding
Use Kent Beck's Test-Driven Development By Example as a cookbook for your next project.
Never stop testing, and your advertising will never stop improving.
—David Ogilvy, Confessions of an Advertising Man
Ogilvy was talking about advertising (he came up with such classic ad campaigns as the guy in the eyepatch wearing Hathaway shirts, and the Maxwell House percolator in time with the music; see http://www.ogilvy.com/memorial/html/center.htm for his firm's remembrance of him), but these days, more software developers are of the same mind. I've mentioned test-driven development (sometimes called TDD) in the past, but I think it's finally time to devote a full column to it, because I recently had occasion to reread Kent Beck's Test-Driven Development By Example (Addison-Wesley, 2003).
Two Simple Rules
Beck starts out his book with a brief introduction that captures the heart of TDD in two simple rules:
• Write a failing automated test before you write any code.
• Remove duplication.
Of course, a book consisting only of an introduction isn't very salable, so he spends another 200 pages or so expanding on these notions. The first chunk of the book goes into "The Money Example", a classic illustration of how TDD works. In this particular case, the goal is to add multi-currency functionality to a Money object. Beck works in Java, but that doesn't really matter; any reasonably experienced developer should be able to follow along whether they know Java in depth or not.
Here's the general plan of action in a bit more depth:
1. Quickly add a test.
2. Run all tests and see the new one fail.
3. Make a little change.
4. Run all tests and see them all succeed.
5. Refactor to remove duplication.
Beck walks through these steps over and over again in building the Money component.
Developer Central Newsletter
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NLS/pages/main.asp?NL=
mcpmag&o=developer
.
Tester, Heal Thyself
Having finished one example, Beck turns to a second one: xUnit, this time in Python. What's xUnit? It's the generic sort of tool uses by TDD proponents to run the tests. As Beck says, "Driving a testing tool using the testing tool itself to run the tests may seem a bit like performing brain surgery on yourself." But it works, and provides another example of how to make TDD work. One suspects that the original unit-testing framework wasn't developed in such an academically pure manner, but it still makes for a good example.
Of course, by now the basic unit-testing framework (originally exposed by JUnit for Java) has been ported to many languages. My own development work these days is largely in .NET, and I often use the free .NET version NUnit to run unit tests (http://nunit.org/). There are other alternatives available as well, based on the same heritage of running small tests and showing you the results quickly. A few that I know about:
Patterns, Patterns Everywhere
In the final third of the book, Beck steps back to take a look at the patterns of TDD, and tries to draw some conclusions. This section ranges widely, from low-level tricks (how do you test an exception?) to ways to refactor your code to eliminate duplication, from which languages are good for TDD to how TDD fits in with Extreme Programming (XP). This section could have become tediously pontifical, but the author keeps things light and readable. That's in line with the whole notion of XP as being a fun way to program. Possibly Beck is making things look easier than they really are, but if so, he does it with enough humor that most readers won't really mind.
The end result? If you're like most developers, you'll be itching to try TDD by the time you reach the end of the book, if not before. And that, I suspect, is exactly what the author is hoping to accomplish.
So Try It Already
On the other hand, most software developers seem to have a hefty streak of skepticism in their makeup. I suspect this is because we've all seen and heard about far too many silver bullets that were going to make our development lives ten or a hundred times easier. Whether it's object-oriented development or fourth-generation languages (or is it fifth- or sixth-generation by now?) or UML, there's always something we can put to work to turn coding from hard work into play. What makes TDD any different?
Well, for starters, no one really claims that it will make coding any easier. In fact, it's pretty typical to start writing more code when you commit to TDD. I find that my test harnesses run up to twice as large as the code that they're testing. Of course, much of the test code is pretty routine; it consists of creating objects, invoking methods, and checking the return values. When I'm heavily into the TDD mindset, I might write a dozen tests for a new method. When I can't think of anything else to test, then the method is done, and it's time to go on to something else.
The key that makes TDD work (at least for me) is the discipline of writing the test before writing the code. That's the only way that I know of to make sure that I really write the tests. Otherwise, they tend to be left until, well, later. And later seldom (if ever) arrives. Writing the tests first means the tests get written. It also means that I think about what I'm building and how it might fail. The delay of writing the tests gives me a little more time to mentally plan, and results in better code.
The Bottom Line
Writing better code is a major benefit of TDD, but it's not the only one. I find that the most important plus to test-driven development is the sense of confidence that it gives me in my code. It's difficult to describe this feeling unless you've experienced it. By writing many fine-grained tests, and knowing that the code passes those tests, I'm sure that it meets the requirements, as embodied in the tests. This is especially critical when new requirements come up that I didn't think of when I was starting out. Surely you've been in the situation where adding a new property required tinkering with code all over the place. Scary, wasn't it? Well, with TDD, you can banish that fear forevermore.
The major problem with wholesale tinkering (whether exploratory coding or refactoring) is that it might break something unexpectedly. But if you've been doing TDD, you will have tiny tests that cover every bit of code you've written. In that case, you can make your changes and run your tests. Either they'll all pass (great!), a few will fail and you'll figure out how to fix them, or things will be horribly broken—in which case you can toss your changes out and start over. What you can avoid is the horrible uncertainty of not knowing whether things are broken or not. If you're like me, that translates into a direct productivity boost.
Erich Gamma coined a term for people who try and like TDD: He calls us "test-infected." And by now you know one of the purposes of this column is to pass on the bug. If you're using .NET, download NUnit (or one of the other tools) and give it a spin.
Ready to try TDD? Or ready to dismiss this as just more snake oil from XP proponents who don't ever tackle real projects? Let me know your experiences either way by e-mail to [email protected].com. I'll use the most interesting comments in a future issue of Developer Central.
About the Author
Mike Gunderloy, MCSE, MCSD, MCDBA, is a former MCP columnist and the author of numerous development books.
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New Strong Buy Stocks for May 18th
Here are five stocks added to the Zacks Rank #1 (Strong Buy) List today:
Carrols Restaurant Group, Inc. TAST: This restaurant company has seen the Zacks Consensus Estimate for its current year earnings increasing 55.9% over the last 60 days.
Carrols Restaurant Group, Inc. Price and Consensus
Carrols Restaurant Group, Inc. price-consensus-chart | Carrols Restaurant Group, Inc. Quote
Shake Shack Inc. SHAK: This restaurant franchise has seen the Zacks Consensus Estimate for its next year earnings increasing 550% over the last 60 days.
Shake Shack, Inc. Price and Consensus
Shake Shack, Inc. price-consensus-chart | Shake Shack, Inc. Quote
Encore Wire Corporation WIRE: This electrical building wires and cables company has seen the Zacks Consensus Estimate for its current year earnings increasing 15.6% over the last 60 days.
Encore Wire Corporation Price and Consensus
Encore Wire Corporation price-consensus-chart | Encore Wire Corporation Quote
Kennametal Inc. KMT: This company that engages in the business of tungsten carbides, ceramics, and super-hard materials and solutions for use in metal cutting and extreme wear applications has seen the Zacks Consensus Estimate for its current year earnings increasing 12.6% over the last 60 days.
Kennametal Inc. Price and Consensus
Kennametal Inc. price-consensus-chart | Kennametal Inc. Quote
DXP Enterprises, Inc. DXPE: This company that engages in distributing maintenance, repair, and operating products, equipment, and services to the energy and industrial customers has seen the Zacks Consensus Estimate for its current year earnings increasing 18.6% over the last 60 days.
DXP Enterprises, Inc. Price and Consensus
DXP Enterprises, Inc. price-consensus-chart | DXP Enterprises, Inc. Quote
You can see the complete list of today’s Zacks #1 Rank (Strong Buy) stocks here.
Zacks Reveals ChatGPT "Sleeper" Stock
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As a service to readers, Zacks is providing a bonus report that names and explains this explosive growth stock and 4 other "must buys." Plus more.
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Encore Wire Corporation (WIRE) : Free Stock Analysis Report
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To read this article on Zacks.com click here.
Zacks Investment Research
The views and opinions expressed herein are the views and opinions of the author and do not necessarily reflect those of Nasdaq, Inc.
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Ability (Fringe)
"Ability" is the fourteenth episode of the first season of the American science fiction drama television series Fringe. The plot follows the Fringe team's investigation into ZFT and David Robert Jones, who claims that Olivia is a soldier equipped with abilities to fight in an upcoming war between two parallel universes. A skeptical Olivia must discover a way to avoid unleashing an attack that causes fatal accelerated cellular growth in its victims.
The episode's teleplay was written by co-executive producer David H. Goodman from a story by executive story editors Glen Whitman and Robert Chiappetta. It was directed by Norberto Barba, his only contribution to the series. Jared Harris guest-starred as Jones, alongside actors Clark Middleton, Michael Gaston, Noah Bean, and Chance Kelly.
It first aired in the United States on February 10, 2009, on the Fox network to an estimated 9.83 million viewers, placing second in its timeslot. The episode earned a 4.1/10 ratings share among adults aged 18 to 49, meaning that it was seen by 4.1 percent of all 18- to 49-year-olds, and 10 percent of all 18- to 49-year-olds watching television at the time of broadcast. "Ability" received mixed reviews from television critics.
Plot
A newspaper vendor dies by suffocation after receiving a two-dollar bill coated in a chemical substance that causes all his orifices to close up. Walter analyzes the chemical agent and finds that the agent speeds up protein synthesis in scar tissue and accelerates cell growth. Meanwhile, Olivia postulates that the initials "ZFT" may not be of a terrorist organization but of a book, and discovers the German name, "Zerstörung durch Fortschritte der Technologie", roughly "Destruction by Advancement of Technology". Peter takes Olivia to a rare book storekeeper, Edward Markham (Clark Middleton) who gets a copy of the ZFT book from another collector. Peter returns with it to Walter's lab, learning that it is a typewritten manifesto preparing "soldiers" for an upcoming war between two universes.
Concurrently, David Robert Jones (Jared Harris) turns himself in at the FBI headquarters. Suffering from effects of being teleported out of his German prison cell by Walter's technology, he insists on only speaking to Olivia, warning that she is the only one that can stop a bomb from going off in 36 hours. Sanford Harris (Michael Gaston) instead orders Olivia to join other agents in raiding a warehouse which they believe Jones and his men used. Evidence confirms Jones had been there, but an agent dies from suffocation after finding another two-dollar bill.
Olivia convinces Harris to let her see Jones alone, attributing the agent's death to his misfire. In the interrogation room, Olivia discovers that Jones believes she is one of the soldiers in his war, having been a test subject on a Massive Dynamic nootropic drug known as "Cortexiphan" when she was a child. Jones claims that she is special, and instructs her to a remote site with a key in his possession to retrieve a package. Olivia follows his instructions, finding a package full of strange puzzles. The first puzzle is a light box containing a number of lights which Jones' instructions require her to disable with her thoughts only. Olivia, having learned from Nina Sharp that the only Cortexiphan trials were done in Ohio, far from her childhood Jacksonville, Florida home, is confident Jones is mistaken.
As Jones' condition worsens and he is brought to Walter's lab, Peter rigs the lightbox to make the lights go off automatically. Olivia performs the test in front of Jones, and he supplies her the address of the bomb. When Olivia and the FBI arrive, they find that the bomb is set to release the deadly agent across the city but can only be defused if Olivia turns off a similar array of lights as were on the puzzle. Despite faking the earlier test, Olivia is successful at disabling the lights and the bomb with her thoughts.
In the episode's epilogue, Jones, having been transferred to secured hospital, is rescued by his men, leaving a message on the wall telling Olivia she passed. Meanwhile, Walter, who has also started reading the ZFT, recognizes a unique offset letter, and finds that his own lab typewriter produces the same offset. Olivia receives a call from Nina who had further looked into the Cortexiphan trials and discovered a smaller case study that occurred at Jacksonville.
Production
The episode's teleplay was written by co-executive producer David H. Goodman based on a story by executive story editors and scientists Glen Whitman and Robert Chiappetta. It was Goodman's fifth contribution to the series and Whitman and Chiappetta's first. The episode was directed by Norberto Barba, his only directional credit with the series.
Noah Bean noted that his character Officer Kemp "meets pretty gruesome, unbelievable ends," as Kemp's face becomes covered with skin and scar tissue. To create the effect of Kemp's orifices closing, the crew used a combination of make-up and computer graphic effects. They created casts of Bean, including the front of his face, ears, back, and torso. They applied make-up over parts of his face at different stages as the scene demanded. For Olivia's unsuccessful emergency tracheotomy, the actress cut into a fake neck that Bean wore.
Guest actor Jared Harris made his third appearance of the season in "Ability". At the time, the actor had not heard whether his character would be returning, though he later appeared in the first-season finale and five fourth season episodes. Harris described his character as an "anti-hero who is fighting for the just cause" and the episode as "a page-turner... When I read it, I said, 'Ah, this is a fantastic one. I can't wait to see it.' It's directed with a lot of energy, a lot of tension. It's a good one, a really good one".
The episode featured the first of many guest appearances by actor Clark Middleton as the rare bookseller Edward Markham. In addition to Bean and Harris, the episode's guest stars included Michael Gaston as Sanford Harris, Chance Kelly as Mitchell Loeb, Kenneth Tigar as Johan Lennox, Philip LeStrange as Thomas Avery, and Michael Cerveris as the Observer.
Ratings
"Ability" was watched by an estimated 9.83 million viewers on its initial broadcast in the United States, placing in second in its timeslot behind CBS' The Mentalist. Fringe was the Fox network's fourth most watched show for the week, and received a 5.9/9 rating share among all American households. Among adults aged 18 to 49, the episode finished in fourteenth place for the week by earning a 4.1/10 ratings share, meaning that it was seen by 4.1 percent of all 18- to 49-year-olds, and 10 percent of all 18- to 49-year-olds watching television at the time of broadcast.
Reviews
Den of Geek viewed the episode positively, observing that in contrast to the previous installment, "Ability" "progresses the main plot arc in a substantial way... I’m now really interested to see what happens next, whereas last week I wasn’t that bothered." IGN's Ramsey Isler was a little more critical and rated the episode 7.8/10. He noted that though the ending with Walter "was as good as you could ask for" and enjoyed David Robert Jones as a villain, the episode had a "number of rough patches," as the middle was "paced slowly" and lacking in suspense, Peter's "handiness was again reduced to ...'that guy with connections'", and the audience was "once again subjected to the torture that is Sanford Harris". After describing the Olivia-Peter scene near the end as "tense and cleverly written," Isler concluded his review by noting references to The X-Files and hoping Jones would appear again soon.
Noel Murray from The A.V. Club graded the episode an A-, explaining he thought it must have been "satisfying" for those viewers tired of the "monster-of-the-week" storylines. Murray also enjoyed two twists: that Olivia had to shut off the lights for real, and that Walter discovers he wrote the ZFT manual at the end. Jane Boursaw of AOL TV (previously TV Squad) opined that it was a "really great episode that's probably worth another viewing to pick up more clues," while the Los Angeles Times' Andrew Hanson thought it "managed to have a couple good twists to it." Annalee Newitz of io9 praised "Ability", remarking that "overall, this was a terrific episode, and a great way to go into a show hiatus. We got a lot of payoff when we discovered why Olivia was being stalked by the ZFT weirdos, and we learned more about the Pattern than we had in a really long time."
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User:Tom Morris/RfA
Tom Morris
[ Voice your opinion on this candidate ] (talk page) ; Scheduled to end
Nomination
– nomination statement to be placed here
* Candidate, please indicate acceptance of the nomination here:
Questions for the candidate
Dear candidate, thank you for offering to serve Wikipedia as an administrator. Please answer these questions to provide guidance for participants:
* 1. What administrative work do you intend to take part in?
* A: My primary use for administrative tools would be to help with the deletion process, primarily at AfD (where I'm a fairly regular participant), but also at CSD and PROD. I answer questions on OTRS and would benefit in being able to see deleted contributions to understand exactly why pages were deleted. I'd also be interested in helping out at AIV and RFPP if they get backlogged.
* 2. What are your best contributions to Wikipedia, and why?
* A: My best contributions are probably the wide variety of wikignome tasks including lots of sister project links (to Wikinews, Commons and Wikisource), adding categories, WikiProject tagging of new articles (as part of new page patrolling), recent changes patrolling with Huggle and so on. I also do some copyediting and wikification.
* I've also made quite a few contributions to the Signpost from February through to October. From my work for Signpost, I think the best report I've done is the Wikimania report.
* I've had three articles at DYK: Timothy E. Quill, Help Me Anthea, I'm Infested and Black Bear Ranch. I've also created a few other articles which I chose not to submit to DYK: Society for Old Age Rational Suicide, Maurice Généreux, Walter Gale (schoolmaster), Religious epistemology, Skeptical theism and Sweet v Parsley. I have also expanded Dignity in Dying, specifically the 'History' and the 'Practicalities' sections. When I have time, I'd like to fix this up to be a GA.
* 3. Have you been in any conflicts over editing in the past or have other users caused you stress? How have you dealt with it and how will you deal with it in the future?
* A: I don't think I've ever been in any conflicts. I've had one or two situations where I've done something silly that I very quickly came to regret, but I very quickly apologise, learn from it and move on. I've had a few exchanges with problematic, now banned, users–but nothing that rises to the level of "stress". Generally, I take everything with a bit of humour and always try to remember that Wikipedia is not compulsory.
General comments
RfAs for this user:
* Links for Tom Morris:
* Edit summary usage for Tom Morris can be found here.
''Please keep discussion constructive and civil. If you are unfamiliar with the nominee, please thoroughly review his contributions before commenting.''
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Hem Kiry
Hem Kiry (born April 11, 1980) is a Cambodian former swimmer, who specialized in sprint freestyle events. He is a two-time Olympian (2000 and 2004), and served twice as Cambodia's flag bearer in the opening ceremony. He also held a Cambodian record of 26.48 in the 50 m freestyle from the Southeast Asian Games. Hem is currently working as a swimming coach for the Cambodia national team.
Hem made his official debut at the 2000 Summer Olympics in Sydney, where he competed in the men's 50 m freestyle. Swimming in heat two, he posted a lifetime best of 26.41 to earn a fifth spot and sixty-sixth overall by a 1.08-second margin behind winner Jamie Peterkin of Saint Lucia.
At the 2004 Summer Olympics in Athens, Hem swam for the second time in the 50 m freestyle. As part of an Olympic Solidarity program, he received a Universality place from FINA in an entry time of 27.56. He challenged seven other swimmers in heat three, including 16-year-old Chris Hackel of Mauritius. He edged out Libya's Khaled Ghezzawi to take another fifth spot by six hundredths of a second in 27.49. Hem failed to advance into the semifinals, as he placed seventieth overall out of 86 swimmers in the preliminaries.
He is a son of Hem Thon (1943–2015), who was also a swimmer. His siblings, sister Hem Raksmey and brother Hem Thon Ponloeu are also swimmers.
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Monitoring surface reactions by combined western blot-ELISA analysis.
Lin Y, Irmscher S, Skerka C (2019) Monitoring surface reactions by combined western blot-ELISA analysis. Methods Mol Biol 1834, 75-83.
Abstract
The complement system is a central part of the innate immune system. It defends the human body against infections and helps with the clearance of apoptotic particles and cellular debris. The importance of the complement system in physiology is reflected by autoreactive diseases that occur due to loss of functions of complement regulators as identified in age-related macular degeneration or gain of functions in complement convertases like C3 glomerulopathy. The chapter aims to provide methods to study complement regulation on a molecular level. Here we describe a set of in vitro assays, the combined techniques of ELISA and immunoblotting, to determine complement activation and regulation on surfaces. The methods allow to follow part of the complement activation cascade and to determine the activity of complement regulators like factor H.
Leibniz-HKI-Authors
Sarah Irmscher
Yuchen Lin
Christine Skerka
Identifier
doi: 10.1007/978-1-4939-8669-9_5
PMID: 30324437
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Lake Ikeda
Lake Ikeda (池田湖湖) is a caldera lake located 40 km south of Kagoshima city; Kyūshū island, Japan. It is perhaps best known to tourists as the location of the purported sightings of a monster named Issie, and as the largest lake on Kyūshū island with a surface area of 11 sqkm and a shoreline length of 15 km.
Deterioration
The development of the areas surrounding Lake Ikeda has caused the quality of the water to decline since 1955. Other causes include an irrigation project, developed for agricultural field and households in the area, which was initiated in 1965, for it the courses of three nearby rivers were diverted into the lake. The irrigation system has been in operation since 1982, resulting in a considerable improvement of the water quality although since the 1950s the transparency of the lake, though still ranked No. 7 in the world, has decreased from 26.8 m to approximately 5 m.
Animals
Lake Ikeda is known to harbour large eels, some six feet in length. In 1998, a benthological survey was conducted in the lake, which found that there were no zoobenthos, although two tubificid oligochaetes and a chironomid were found. The lake was already considered oligotrophic until the 1940s, but one theory for the further drop in underwater life is that the existing life in Lake Ikeda has been affected by Global Warming.
Geology
It is within the Ikeda Caldera and surrounded by its rim and associated volcanic domes.
Mythology
Lake Ikeda is important in the local Shinto folklore of the surrounding regions. Local religious tradition originally held the lake as the origin of humankind.
Issie
Issie (イッシー) is a Japanese lake monster said to lurk in Lake Ikeda. It is described as being saurian in appearance. The naming convention is analogous to "Nessie" (the Loch Ness Monster).
According to mythology, Issie was a white mare who lived together with her foal on the shore of Lake Ikeda. However, when the foal was kidnapped by a samurai and Issie was unable to find it, she jumped into the lake and her despair transformed her into a giant, saurian beast, which since then frequently surfaces, trying to find her lost child. The creature was reportedly photographed in 1978 by a man who went by the name "Mr. Matsubara". Twenty other people reportedly also saw the creature swimming in the lake in 1978; they described it as black and having two humps, each about 5 meters (16 feet) long.
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Hoosiers coach understandably too busy for a beer with a fan right now | Fox News
By Marcus Hartman Oct 10, 2015; University Park, PA, USA; Indiana Hoosiers head coach Kevin Wilson walks on the field during the third quarter against the Penn State Nittany Lions at Beaver Stadium. Penn State defeated Indiana 29-7. Mandatory Credit: Matthew O'Haren-USA TODAY Sports Indiana football coach Kevin Wilson is on the road looking of future Hoosiers, so his time is understandably limited right now. It turns out he has time to check Twitter, but social engagements will have to wait. We learned that much from a recent exchange with an Indiana football fan looking to meet up with the coach on the road. @TodayAintYoDay - No Time - Thanx 4 Invite but Times a Wasting & This Staff is on a Mission - #iufb Continue the Journey - #GoIU #BTownBlitz With National Signing Day right around the corner, the IU athletics department also offered up a video highlighting some of the things going on in Bloomington. After leading the Hoosiers to a bowl game for the first time in his tenure, Wilson recently received a lucrative contract extension. As of Friday morning, his class of 2016 had 15 known members and ranked 59th nationally by Scout.com. So far the lowest-ranked class he has signed at Indiana was 58th in his first winter on the job. The highest-ranked class was 45th in 2014. This material may not be published, broadcast, rewritten, or redistributed. 2017 FOX News Network, LLC. All rights reserved. All market data delayed 20 minutes.
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Luís de Azevedo
Luís de Azevedo (born at Carrazedo de Montenegro, in the Diocese of Braga, in Portugal, in 1573; died in Ethiopia in 1634) was a Portuguese Jesuit scholar and missionary.
Life
He became a Jesuit in 1588, and sailed for the East Indies in 1592. In 1605 he began his missionary work in Ethiopia, where he remained until his death. Azevedo was called the Apostle Agarus.
Works
He translated into Chaldaic the commentaries of Francisco de Toledo on the Epistles of St. Paul to the Romans and those of Francisco Ribera on the Epistle of St. Paul to the Hebrews; the Canonical Hours, the Office of the Blessed Virgin Mary, and other works. He is the author of a grammar of the Ethiopic language, and translated into the same tongue the New Testament, a Portuguese catechism, instructions on the Apostles' Creed, and other books of the same nature. Azevedo concentrated on the Ge'ez language, rather than Amharic, since Ge'ez was the language of literacy.
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Page:Her Benny - Silas K Hocking (Warne, 1890).djvu/184
160 nor steal either, though I can quite conceive how, in a moment of weakness, you might be tempted to do both." "But I've done neither," said Benny, with trembling lip.
For a moment Mr. Lawrence was silent, then he said—
"Look here, Benny. I left a five-pound note on the desk when I went out. I am quite certain of that—as certain as I am that I stand here at this moment. And, according to your own statement, no one but yourself has been in the office since I left, and when I come back the note is gone. What am I to think?"
"It's mighty queer, sir," said Benny, turning pale again; "but I hope you'll not think that I've took it."
"I'm afraid that I must think so."
Then there was another pause, while Benny trembled from head to foot. At length Mr. Lawrence spoke again.
"I do not wish to be hard with you, Benny," he said; "and if you will only confess that you have taken the note, I will forgive you."
"And if I was to tell a lie and say I took it, you would ask me for it at once, and I ain't got it." And Benny burst into tears.
"No, I will be more lenient still, for I know what a grief it will be to my little girl when she hears about it. If you will only confess that you have taken it, I won't even ask you to return it. But if you will not confess, I'm afraid the law will have to take its course."
Poor Benny! It was a terrible moment to him, and he tried to realize how much depended upon his answer. By
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Page:Folk-lore - A Quarterly Review Volumes 32 and 33.djvu/290
REVIEWS.
Fijian Society, or the Sociology and Psychology of the FijiANS. By Rev. W. Deane, M.A. (Syd.), B.D. (Lond.), Late Principal of the Teachers' Training College, Ndavui- levu, Fiji. London: Macmillan and Co. 1921. i6s. net.
Though several books, good in their different ways, have been written about the Fijians, notably by Commander Wilkes of the United States Exploring Expeditiqp, by the missionaries Williams, Waterhouse and Lorimer Fison, and last but not least by Sir Basil Thomson, it is not too much to say that Mr. Deane has in this book produced by far the best study yet available of the sociology and psychology — and incidentally of the folk-lore — of these Melanesian-Polynesian folk. It is true, as Mr. Deane himself points out, that he has had the great advantage of his predecessors' notes of social phenomena which the now rapidly changing circumstances in the South Sea Islands have already almost obliterated, but he could not have understood these earlier records as thoroughly as he has done, nor could he have systematized these by the light of his own very considerable experiences, had he not gone to the Fiji Islands after an anthropological training, of the modern kind, such as none of his predecessors have had, and thus with an unusual power of insight and of sympathetic understanding of the people with whom his work in Fiji brought him into very intimate relations. In short, he affords an excellent example of the fact of that anthropological training, and the sympathy which it brings, both to the missionary, as also to the administrator and the trader, and to the natives among whom the work of these lies.
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Linear Algebra - Null Space of a (Matrix|Vector Space)
1 - About
Null space of a matrix A (Written Null A) is: <MATH> \{u : A * u = 0\} </MATH>
The Null space of a matrix is a basis for the solution set of a homogeneous linear system that can then be described as a homogeneous matrix equation.
A null space is also relevant to representing the solution set of a general linear system.
As the NULL space is the solution set of the homogeneous linear system, the Null space of a matrix is a vector space.
3 - Example
• For the Matrix below, the null space includes [0, 0, 0]
<MATH> \begin{bmatrix} 1 & 2 & 4 \\ 2 & 3 & 9 \end{bmatrix} * [0,0,0] = [0,0] </MATH>
• but the null space of this matrix includes also [6,-1,-1]
<MATH> \begin{array}{rrl} \begin{bmatrix} 1 & 2 & 4 \\ 2 & 3 & 9 \end{bmatrix} * [6,-1,-1] & = & [[1, 2, 4] * [6,-1,-1],[2, 3, 9] * [6,-1,-1]] \\ & = & [1*6+ (-1)*2+(-1)*4],2*6 + (-1) *3+ (-1)*9] \\ & = & [0,0] \end{array} </MATH>
4 - Null space as a
4.1 - solution set of a homogeneous linear system
By matrix-vector dot-product definition (a and u are vectors) <MATH> \begin{bmatrix} \begin{array}{c} a_1 \\ \hline \vdots \\ \hline a_n \\ \end{array} \end{bmatrix} * u = [a_1 * u, \dots, a_m * u] </MATH>
u is in the null space of the matrix if and only if u is a solution to the homogeneous linear system <MATH> \begin{array}{c} a_1 * u = 0 \\ \hline \vdots \\ \hline a_n * u = 0 \end{array} </MATH> As the NULL space is the solution set of the homogeneous linear system, the Null space of a matrix is a vector space.
4.2 - vector space
Null space of a matrix is a vector space (see above and example):
<MATH> NULL \begin{bmatrix} 1 & 2 & 4 \\ 2 & 3 & 9 \end{bmatrix} = Span {[6,-1,-1]} </MATH>
4.3 - Matrix equation
4.3.1 - Homogeneous
4.3.2 - General
If <math>u_1</math> is a solution to the matrix equation <math>A * x = b</math> then solution set of <math>A * x = b</math> is <math>u_1 + V</math> where <math>V = Null{A}</math>
5 - Type
5.1 - Trivial
When the rows of A are linearly independent, Null A is Linear Algebra - Linear combination and the only solution is <math>u_1</math> .
Data Science
Data Analysis
Statistics
Data Science
Linear Algebra Mathematics
Trigonometry
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Prudencio Alfaro
Prudencio Alfaro Menéndez (1861 – 23 December 1915) was a Salvadoran politician who served as Vice President of El Salvador from 1895 until 1898. He later led a joint Honduran-Nicaraguan invasion of El Salvador in 1907.
Early life
Prudencio Alfaro Menéndez was born in 1861 in Jutiapa, Guatemala. His father was Manuel Alfaro and his mother was Andrea Menéndez. He attended the University of El Salvador where he completed his bachelor's degree and doctorate in the Faculty of Political and Social Sciences.
Political career
In 1885, he participated in a revolution which overthrew Salvadoran President Rafael Zaldívar, and after which, he was elected as a deputy to the Legislative Assembly of El Salvador from Ahuachapán. He opposed the government of President Carlos Ezeta, who deposed President Francisco Menéndez in 1890, and in 1894, he participated in the Revolution of the 44 which deposed Ezeta and installed Rafael Antonio Gutiérrez as president.
In the 1895 Salvadoran presidential election, Gutiérrez was the only candidate and won 61,080 votes. For Vice President, the race was between Alfaro, Carlos Meléndez, and four other politicians, and Alfaro won with 38,006 votes accounting for 62.51 percent of the vote. He assumed office on 1 March 1895.
Both Gutiérrez and Alfaro were deposed on 13 November 1898 by Tomás Regalado. Alfaro sought to regain power and fought Regalado at two battles in Ilobasco and Sensuntepeque, however, he lost both battles and fled for exile in Honduras.
Alfaro stood for election for the presidency in 1907 but only received one vote.
1907 invasion of El Salvador
On 11 June 1907, Alfaro was one of the leaders of a joint Honduran-Nicaraguan invasion of El Salvador against President Fernando Figueroa. During the invasion, another leader, Manuel Rivas, raided a bank in Acajutla for $20,000 in silver, which led to a personal disagreement between Alfaro and Rivas on how to continue the invasion. Rivas proposed that the two split control of the country, with Rivas controlling the east from San Salvador and Alfaro controlling everything west of San Salvador, however, Alfaro rejected the proposal. After Figueroa personally led an army to engage with Alfaro and Rivas, the two ordered their armies to retreat, effectively ending the War of 1907.
Later years and death
Alfaro was allowed to return to El Salvador in 1911 when Manuel Enrique Araujo became president, however, he was accused of being involved in Araujo's assassination in 1913, and again left the country. He again returned to El Salvador in 1915 when Carlos Meléndez became president.
Alfaro died in San Salvador on 23 December 1915.
Personal life
He married Carmen Castellanos.
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How to Create an Electrical Diagram Using ConceptDraw PRO
There are many of different electric circuit symbols that can be used in a circuit diagram. Knowing how to read circuit diagrams is a useful skill not only for professionals, but for any person who can start creating his own small home electronic projects. The circuit diagram shows the scheme of a location of components and connections of the electrical circuit using a set of standard symbols. It can be use for graphical documentation of an electrical circuit components.
The ability to create electrical diagrams and schematic using ConceptDraw PRO is delivered by the Electrical Engineering solution. The solution supplied with samples, templates and libraries of design elements for drawing electrical schematics, digital and analog logic, circuit and wiring schematics and diagrams, power systems diagrams, maintenance and repair diagrams for electronics and electrical engineering.
electrical diagram, electrical engineering, electrical schematic, electrical schematic symbols, electrical diagram symbols Electrical Engineering
electrical diagram, electrical engineering, electrical schematic, electrical schematic symbols, electrical diagram symbols
This solution extends ConceptDraw PRO v.9.5 (or later) with electrical engineering samples, electrical schematic symbols, electrical diagram symbols, templates and libraries of design elements, to help you design electrical schematics, digital and analog
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ESSENTIALAI-STEM
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• Schistosoma co-infection protects against brain pathology but does not prevent severe disease and death in a murine model of cerebral malaria.
Bucher, Kirsten; Dietz, Klaus; Lackner, Peter; Pasche, Bastian; Fendel, Rolf; Mordmüller, Benjamin; Ben-Smith, Anne; Hoffmann, Wolfgang H; Institute of Tropical Medicine, University of Tübingen, Tübingen, Germany. (2011-01)
Co-infections of helminths and malaria parasites are common in human populations in most endemic areas. It has been suggested that concomitant helminth infections inhibit the control of malaria parasitemia but down-modulate severe malarial disease. We tested this hypothesis using a murine co-infection model of schistosomiasis and cerebral malaria. C57BL/6 mice were infected with Schistosoma mansoni and 8-9 weeks later, when Schistosoma infection was patent, mice were co-infected with Plasmodium berghei ANKA strain. We found that a concomitant Schistosoma infection increased parasitemia at the beginning of the P. berghei infection. It did not protect against P. berghei-induced weight loss and hypothermia, and P. berghei-mono-infected as well as S. mansoni-P. berghei-co-infected animals showed a high case fatality between days 6 and 8 of malarial infection. However, co-infection significantly reduced P. berghei-induced brain pathology. Over 40% of the S. mansoni-P. berghei-co-infected animals that died during this period were completely protected against haemorrhaging, plugging of blood vessels and infiltration, indicating that mortality in these animals was not related to cerebral disease. Schistosoma mansoni-P. berghei-co-infected mice had elevated plasma concentrations of IL-5 and IL-13 and on day 6 lower levels of IFN-γ, IL-10, monocyte chemoattractant protein-1 (MCP-1) and monokine induced by IFN-γ (MIG) than P. berghei-mono-infected mice. We conclude that in P. berghei infections, disease and early death are caused by distinct pathogenic mechanisms, which develop in parallel and are differentially influenced by the immune response to S. mansoni. This might explain why, in co-infected mice, death could be induced in the absence of brain pathology.
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ESSENTIALAI-STEM
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Fianchetto
In chess, the fianchetto ( or ; "little flank") is a pattern of wherein a bishop is developed to the second of the adjacent b- or g-, the having been moved one or two squares forward.
The fianchetto is a staple of many "hypermodern" openings, whose philosophy is to delay direct occupation of the with the plan of undermining and destroying the opponent's occupied centre. It also regularly occurs in Indian defences. The fianchetto is less common in Open Games (1.e4 e5), but the is sometimes fianchettoed by Black in the Ruy Lopez or by White in an uncommon variation of the Vienna Game.
One of the major benefits of the fianchetto is that it often allows the fianchettoed bishop to become more active. A fianchettoed position, however, also presents some opportunities for the opponent: if the fianchettoed bishop can be exchanged, the squares the bishop was formerly protecting will become weak (see ) and can form the basis of an attack (particularly if the fianchetto was performed on the ). Exchanging the fianchettoed bishop should not be done lightly, therefore, especially if the enemy bishop on same-coloured squares is still on the board.
Concept
The diagram shows three different sorts of fianchetti (not from an actual game, but as examples collapsed into a single diagram). White's king bishop is in a regular fianchetto, with the knight pawn advanced one square and the bishop occupying the. This is by far the most common type of fianchetto, seen in the Sicilian Dragon, Pirc Defence, Modern Defence, Modern Benoni, Grünfeld Defence, Nimzo-Indian, and King's Indian Defence, among other openings. The regular fianchetto of both bishops by a player is called a double fianchetto.
Black's is also fianchettoed, but the knight pawn has moved forward two squares, making this a long fianchetto. The b-pawn also controls the c4-square, which is often advantageous. If White plays the King's Indian Attack 1.Nf3 2.g3, Black may play a long fianchetto to oppose White's bishop and make it more difficult for White to play a c4. A long fianchetto on the kingside is more rarely played, because it weakens the pawn shield in front of the castled position and controls a less important square. Nevertheless, Grob's Attack 1.g4 and the Borg Defence ("Grob" backwards) 1.e4 g5 are sometimes played by players such as IM Michael Basman.
White's queen bishop has moved to a3 in what is sometimes called an extended fianchetto. Rather than control the long diagonal, it takes aim at Black's f8-square. If Black moves his e-pawn, White can play Bxf8, after which Black will have to waste on artificial castling after recapturing with his king. This tactic is often seen in the Evans Gambit and gives the Benko Gambit much of its bite. Black often plays ...Ba6 in the French Defence, and in the Queen's Indian Defence if White plays g3 in order to fianchetto his own bishop (Aron Nimzowitsch's move against the classical main line).
Four fianchettoed bishops
The game Rubinstein–Nimzowitsch, Marienbad 1925, had four fianchettoed bishops, two developed knights, and two on their home squares. In this position, Nimzowitsch humorously pointed out in My System: "Each side castles now with a clear conscience, for not even the most hypermodern pair of masters can produce more than four fianchettoed Bishops!"
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WIKI
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Deciphering OPDA Signaling Components in the Momilactone-Producing Moss Calohypnum plumiforme
Front Plant Sci. 2021 May 31;12:688565. doi: 10.3389/fpls.2021.688565. eCollection 2021.
Abstract
Jasmonic acid (JA) and its biologically active form jasmonoyl-L-isoleucine (JA-Ile) regulate defense responses to various environmental stresses and developmental processes in plants. JA and JA-Ile are synthesized from α-linolenic acids derived from membrane lipids via 12-oxo-phytodienoic acid (OPDA). In the presence of JA-Ile, the COI1 receptor physically interacts with JAZ repressors, leading to their degradation, resulting in the transcription of JA-responsive genes by MYC transcription factors. Although the biosynthesis of JA-Ile is conserved in vascular plants, it is not recognized by COI1 in bryophytes and is not biologically active. In the liverwort Marchantia polymorpha, dinor-OPDA (dn-OPDA), a homolog of OPDA with two fewer carbons, and its isomer dn-iso-OPDA accumulate after wounding and are recognized by COI1 to activate downstream signaling. The moss Calohypnum plumiforme produces the antimicrobial-specialized metabolites, momilactones. It has been reported that JA and JA-Ile are not detected in C. plumiforme and that OPDA, but not JA, can induce momilactone accumulation and the expression of these biosynthetic genes, suggesting that OPDA or its derivative is a biologically active molecule in C. plumiforme that induces chemical defense. In the present study, we investigated the biological functions of OPDA and its derivatives in C. plumiforme. Searching for the components potentially involving oxylipin signaling from transcriptomic and genomic data revealed that two COI1, three JAZ, and two MYC genes were present. Quantification analyses revealed that OPDA and its isomer iso-OPDA accumulated in larger amounts than dn-OPDA and dn-iso-OPDA after wounding. Moreover, exogenously applied OPDA, dn-OPDA, or dn-iso-OPDA induced the transcription of JAZ genes. These results imply that OPDA, dn-OPDA, and/or their isomers potentially act as biologically active molecules to induce the signaling downstream of COI1-JAZ. Furthermore, co-immunoprecipitation analysis showed the physical interaction between JAZs and MYCs, indicating the functional conservation of JAZs in C. plumiforme with other plants. These results suggest that COI1-JAZ-MYC mediated signaling is conserved and functional in C. plumiforme.
Keywords: 12-oxo-phytodienoic acid; Calohypnum plumiforme; moss; oxylipin; plant hormone.
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ESSENTIALAI-STEM
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IR@PKUHSC > 北京大学基础医学院 > 细胞生物学系
学科主题基础医学
Detection of HPV DNA in esophageal cancer specimens from different regions and ethnic groups: a descriptive study
Wang, Xueqian1; Tian, Xiuyun1; Liu, Fangfang1; Zhao, Yiqiang1; Sun, Min1; Chen, Dafang3; Lu, Changdong4; Wang, Zhong4; Shi, Xiaotian4; Zhang, Qingying5; Zhang, Donghong5; Shen, Zhongying5; Li, Feng6; Harris, Curtis C.7; Cai, Hong1; Ke, Yang1,2
刊名BMC CANCER
2010-01-16
DOI10.1186/1471-2407-10-19
10
收录类别SCI
文章类型Article
WOS标题词Science & Technology
类目[WOS]Oncology
研究领域[WOS]Oncology
关键词[WOS]HUMAN-PAPILLOMAVIRUS DNA ; POLYMERASE-CHAIN-REACTION ; SQUAMOUS-CELL CARCINOMAS ; HIGH-RISK AREA ; CHINA ; LINXIAN ; ASSOCIATION ; INFECTION ; TYPE-16 ; ABSENCE
英文摘要
Background: HPV has been found repeatedly in esophageal carcinoma tissues. However, reported detection rates of HPV DNA in these tumors have varied markedly. Differences in detection methods, sample types, and geographic regions of sample origin have been suggested as potential causes of this discrepancy.
Methods: HPV L1 DNA and HPV genotypes were evaluated in 435 esophageal carcinoma specimens collected from four geographic regions with different ethnicities including Anyang in north China, Shantou in south China, Xinjiang in west China, and the United States. The HPV L1 fragment was detected using SPF1/GP6+ primers. HPV genotyping was performed using genotype specific PCR.
Results: Two hundred and forty four of 435 samples (56.1%) tested positive for HPV L1. Significant differences in detection rate were observed neither among the three areas of China nor between China and the US. HPV6, 16, 18, 26, 45, 56, 57, and 58 were identified in L1 positive samples. HPV16 and 57 were the most common types in all regions, followed by HPV26 and HPV18.
Conclusions: HPV infection is common in esophageal carcinoma independent of region and ethnic group of origin. Findings in this study raise the possibility that HPV is involved in esophageal carcinogenesis. Further investigation with a larger sample size over broader geographic areas may be warranted.
语种英语
WOS记录号WOS:000275207600001
项目编号30430710 ; 30872937 ; 2006AA2Z467 ; 2006AA02A403 ; Z09050703080902
资助机构Natural Science Foundation of China ; "863" Key Projects of National Ministry of Science and Technology ; Beijing Project on Science and Technology Commission
引用统计
被引频次：59[WOS] [WOS记录] [WOS相关记录]
文献类型期刊论文
条目标识符http://ir.bjmu.edu.cn/handle/400002259/52103
专题北京大学基础医学院_细胞生物学系
北京大学基础医学院
北京大学药学院_天然药物学系
作者单位1.Shihezi Med Sch, Shihezi 832002, Xinjiang, Peoples R China
2.Anyang Canc Hosp, Anyang 455000, Henan, Peoples R China
3.Peking Univ, Beijing Canc Hosp & Inst, Key Lab Carcinogenesis & Translat Res, Minist Educ,Sch Oncol, Beijing 100142, Peoples R China
4.Peking Univ, Dept Cell Biol, Hlth Sci Ctr, Beijing 100191, Peoples R China
5.Peking Univ, Sch Publ Hlth, Hlth Sci Ctr, Beijing 100191, Peoples R China
6.Shantou Univ, Sch Med, Shantou 515031, Shandong, Peoples R China
7.NCI, Human Carcinogenesis Lab, NIH, Bethesda, MD 20892 USA
推荐引用方式
GB/T 7714
Wang, Xueqian,Tian, Xiuyun,Liu, Fangfang,et al. Detection of HPV DNA in esophageal cancer specimens from different regions and ethnic groups: a descriptive study[J]. BMC CANCER,2010,10.
APA Wang, Xueqian.,Tian, Xiuyun.,Liu, Fangfang.,Zhao, Yiqiang.,Sun, Min.,...&Ke, Yang.(2010).Detection of HPV DNA in esophageal cancer specimens from different regions and ethnic groups: a descriptive study.BMC CANCER,10.
MLA Wang, Xueqian,et al."Detection of HPV DNA in esophageal cancer specimens from different regions and ethnic groups: a descriptive study".BMC CANCER 10(2010).
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ESSENTIALAI-STEM
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Common object creation modes
Time：2019-11-5
1. Object constructor
var obj = new Object();
obj.name = 'tom';
obj.age = 15;
obj.sayName = function() {
console.log(this.name)
}
The disadvantage of this method is obvious, that is to write a lot of code.
2. Object literal creation
var obj1 = {
name: 'tom',
age: 15,
sayName: function() {
console.log(this.name)
}
}
var obj2 = {
name: 'jock',
age: 18,
sayName: function() {
console.log(this.name)
}
}
The disadvantage of literals is that when we create multiple similar objects, it is still not flexible enough and will still generate duplicate code.
3. Factory mode
function person(name, age) {
var obj = {
name: name,
age: age,
sayName: function() {
console.log(this.name)
}
}
return obj
}
console.log(person(‘tom’, 18))
console.log(person(‘jony’, ’19’))
The problem with factory functions is that there is no specific type for the objects it creates. All objects created through factory functions are of object type
4. Constructor method
function Person(name, age) {
this.name = name;
this.age = age;
this.setName = function(name) {
this.name = name
}
}
var p1 = new Person('tom', 16);
var p2 = new Person('jony', 18);
console.log(p1)
console.log(p2)
The object code created by constructor method is simple enough, and the created object has its own class. However, when we create multiple objects at the same time, we will find that the created objects contain the same method, which is a waste of memory.
5. Constructor plus prototype
function Person(name, age) {
this.name = name;
this.age = age;
}
Person.prototype.setName = function(name) {
this.name = name
}
We extend the constructor’s method to its prototype, so there is no need to create multiple methods at the same time when creating objects.
The above is a common way to create objects that I know. I’d like to record it in this article. Please point out any mistakes!
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The use of progressbarcontrol, a progress bar control of devexpress – Taking ZedGraph as an example to add curve progress
scene WinForm control – devexpress18 download installation registration and use in vs: https://blog.csdn.net/BADAO_LIUMANG_QIZHI/article/details/100061243 When using ZedGraph to add curves, the number of curves is slower if there are many cases. So in the process of adding curve, the progress needs to be displayed, and the effect is as follows Note: Blog home page:https://blog.csdn.net/badao_liumang_qizhi […]
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ESSENTIALAI-STEM
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Petrobras Distribuidora profit soars, boosted by debt settlement
SAO PAULO, Nov 6 (Reuters) - Brazil’s leading fuel distribution company Petrobras Distribuidora SA reported a 174 percent rise in net profit in the third quarter, a filing showed late on Monday, boosted by tax and debt settlements. Petrobras Distribuidora, a unit of state-run oil firm Petroleo Brasileiro SA, posted net profit of 1.078 billion reais ($288.08 million) last quarter after booking 463 million reais in debt payments from state-run electric utility Centrais Eletricas Brasileiras SA. The company also said a settlement related to a 1.3 billion reais tax dispute with the state of Mato Grosso positively impacted its results. Shares of Petrobras Distribuidora fell 1.4 percent to 22.27 reais in mid-morning trading as the company’s operating performance was weaker than some analysts had expected. According to the statement, the company’s fuel sales by volume fell 3 percent to 10.966 million cubic meters last quarter due to Brazil’s economic slump. However, net revenues rose 21 percent to 26.455 billion reais on an increase in the average price of fuel, Petrobras Distribuidora said. Adjusted earnings before interest, tax, depreciation and amortization, a measure of operating profit known as EBITDA, fell 40 percent to 631 million reais as the effects of a truckers’ strike in May and slow economic growth weighed on its performance, Petrobras Distribuidora said. Brazil’s weak economy has affected the business overall and the market for large fuel consumers in particular, the company said. The truckers’ strike earlier this year led to a loss of diesel inventory amounting to 200 million reais in the second quarter and 38 million reais in the following one, Petrobras Distribuidora said. ($1 = 3.7420 reais) (Reporting by Ana Mano Editing by Paul Simao)
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NEWS-MULTISOURCE
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[Civ. No. 45813.
Second Dist., Div. Five.
Oct. 30, 1975.]
REA ENTERPRISES, Plaintiff and Respondent, v. CALIFORNIA COASTAL ZONE CONSERVATION COMMISSION et al., Defendants and Appellants.
Counsel
Evelle J. Younger, Attorney General, Carl Boronkay, Assistant Attorney General, and Alan Robert Block, Deputy Attorney General, for Defendants and Appellants.
Caditz & Grant, Allan M. Caditz, Mark A. Resnik, Ball, Hunt, Hart, Brown & Baerwitz, Joseph A. Ball, Charles E. Greenberg and Laurence F. Jay for Plaintiff and Respondent.
Opinion
STEPHENS, Acting P. J.
This is an appeal from an order granting the issuance of a peremptory writ of mandamus directing appellants, the California Coastal Zone Conservation Commission, etc., et al. (“State Commission”), to set aside its ruling denying a development permit to respondent, REA Enterprises, etc. (“REA”) and directing the South Coast Regional Commission (“Regional Commission”) to deliver the permit it previously had issued to REA.
The sole issue presented in this appeal involves interpretation of the California Coastal Zone Conservation Act of 1972 (“Coastal Act”) (Pub. Res. Code, Div. 18, §§ 27000-27650): Upon an appeal from a decision rendered by the Regional Commission approving a coastal development permit, does a tie vote by the State Commission constitute an affirmation of the Regional Commission’s decision, or, to say it in a different way, does a tie vote by the State Commission result in the denial of the permit?
Procedural Background
REA initiated this action pursuant to Public Resources Code section 27424 seeking judicial review of the State Commission’s decision denying REA a coastal zone development permit pursuant to section 27400 to construct a 153-unit residential condominium project adjacent to the beach in the Playa Del Rey area of the City of Los Angeles. On May 25, 1973, REA applied for a permit with the Regional Commission. Following public hearings, the Regional Commission approved the application on October 15, 1973, and issued the permit on October 30, 1973. This decision was appealed to the State Commission on October 29. 1973. by the timely filing of notices of appeal pursuant to section 27420, subdivisions (a) and (c) by Janna Lingenfelter and Ariel C. Hilton. On November 28, 1973, the State Commission conducted a public hearing in connection with the appeal pursuant to section 27423. On January 23. 1974, the State Commission voted on the appeal; the vote resulted in a tie, with six members in favor of granting the permit and six opposed. As a consequence of the tie vote, the State Commission refused to approve issuance of the permit.
REA then instituted this action in mandamus pursuant to section 27424 and Code of Civil Procedure section 1094.5. (See State of California v. Superior Court, 12 Cal.3d 237, 248 [115 Cal.Rptr. 497, 524 P.2d 1281].) This appeal followed the trial court’s ruling that the Coastal Act gives the State Commission only limited jurisdiction of an appellate nature. Applying the principle that a lower tribunal’s ruling stands upon a tie vote by the appellate body, the trial court held that the tie vote by the State Commission amounted to an affirmation of the Regional Commission’s approval and issuance of the development permit. On October 23, 1974, the court granted the peremptory writ of mandamus, directing the State and Regional Commissions to deliver the permit and directing the State Commission to set aside its decision of January 23, 1974. We do not agree.
Discussion
The California Coastal Zone Conservation Act of 1972 ("Coastal Act") was adopted by the electorate of the State of California as an initiative measure, Proposition 20, at the general election on November 7, 1972. The Coastal Act established the State Commission and six Regional Commissions, each comprised of twelve members (~ 27001, subd. (d), 27200, and 27201, subd. (e)) for the purpose of preparing for submission to the California Legislature prior to December 1, 1975, a plan for the conservation of the area described in the act as the "Coastal Zone" (defined in § 27l00).9 The Coastal Act further provides a system for controlling interim coastal development by requiring any person (~ 27105) wishing to construct any structure within 1,000 yards of the mean high tide line (~ 27104) on or after February 1, 1973, must first obtain a permit authorizing development from the appropriate Regional Corn-mission (§ 27400). The purpose of the interim permit requirement is to assure coastal development (defined in § 27103) consistent with the objectives of the Coastal Act during the interim period. (See §§ 27001, 27302, 27402, and 27403.)
The total scheme of the Coastal Act becomes clear when it is recognized that there is a chain of responsibility therein created. First, it is the responsibility of the Regional Commission to adjudicate the propriety of granting or denying a permit. This presupposes recognition of the regional effect upon the ecosystem (§ 27402). Second, when disagreement arises and a timely appeal is filed, the State Commission takes a new, unlimited look at the same request for a permit by a de novo public hearing. The State Commission is required not only to review the regional effect, but has the responsibility of determining the statewide effect of the proposed development (§ 27001). We find support for this conclusion in the expression of the Supreme Court in State of California v. Superior Court, 12 Cal.3d 237 [115 Cal.Rptr. 497, 524 P.2d 1281]. There, the court stated (at p. 245): “It is obvious from the terms of the Act that the [State] Commission is authorized to determine whether a permit should be issued. (Pub. Resources Code, § 27400 et seq.).” And (at p. 247): “Even the most cursory examination of the Act reveals that determination of whether an applicant qualifies for a permit is entrusted to the [State] Commission’s discretion. Thus, a permit may not issue unless the [State] Commission finds, for example, that the development will not have any substantial adverse environmental or ecological effect (Pub. Resources Code, § 27402, subd. (a)) or irreversibly commit coastal zone resources, and that the proposed development will enhance the environment of the coastal zone (§§ 27402, subd. (b), 27302, subds. (a), (d)). The application of these factors requires the [State] Commission to undertake a delicate balancing of the effect of each proposed development upon the environment of the coast as a predicate to the issuance of a permit.” (Italics added.) As the court in Klitgaard & Jones, Inc. v. San Diego Coast Regional Com., 48 Cal.App.3d 99, 108 [121 Cal.Rptr. 650], stated: “The Regional Commission has original jurisdiction to pass upon applications for permits. But the appeal provided by the Act, if the State Commission decides it presents a substantial issue, involves a redetermination by the State Commission of the merits of the application. Its decision might very well take into account state-wide policies, while the purview of the Regional Commission ... might be narrower.” (Italics added.)
Certainly, to carry out this responsibility, the State Commission must have unlimited adjudicatory powers (subject only to constitutional and statutory restrictions).
Specifically, section 27423, subdivision (c), provides that appeals “shall be scheduled for a de novo public hearing and shall be decided in the same manner and by the same vote as provided for decisions by the regional commissions.” (Italics added.) The manner and vote that the State Commission is required to follow in deciding the appeal is set forth in section 27400 which provides that “no permit shall be issued without the affirmative vote of a majority of the total authorized membership of the regional commission, or of the [State] Commission on appeal” (Italics added.) Furthermore, section 27224 provides that a “majority affirmative vote of the total authorized membership shall be necessary to approve any action required or permitted by this division, unless otherwise provided.” (Italics added.) This action is included in article 2 of the Coastal Act, which deals with organization of the Regional and State Commissions.
It is a well established rule of statutory construction that the word “shall” connotes mandatory action and “may” connotes discretionary action. (County of Sacramento v. Superior Court, 20 Cal.App.3d 469, 472 [97 Cal.Rptr. 771]; see Gov. Code, § 14; Bus. & Prof. Code, § 19.) Applying this rule of statutory construction to section 27423, subdivision (c), we conclude that not only is the State Commission required to conduct a de novo public hearing, but it is also required to conduct the hearing in the same manner and by the same vote as the Regional Commission. Since there are twelve authorized members of the State Commission, this would require at least seven votes for the issuance of a permit. Action was taken by the State Commission. REA did not receive the statutorily required number of votes. By failure to obtain a majority vote, the action taken by the State Commission effectuated a denial of the issuance of the development permit. It would be just as fallacious to say that a tie vote by the State Commission did not result in a denial of a permit as to say that such a tie vote at the regional level would not result in a denial of the permit. Respondent does not suggest that without a majority affirmative vote to grant the permit, the permit would be denied. The denial is action by the respective commission.
REA, however, contends that the jurisdiction of the State Commission is strictly of an appellate nature. It argues that the “de novo public hearing” language of section 27423, subdivision (c), refers only to the process by which the State Commission is required to gather evidence “lest it be argued that the State Commission is limited to reading the transcript or record of the Regional Commission and determining whether the decision appealed from is supported by substantial evidence contained in that record.” After conducting a new public hearing, REA argues that the remedies available to the State Commission are limited by section 27423, subdivision (b), to either affirming, reversing or modifying the Regional Commission’s decisions. It asserts that if the State Commission was intended to treat each case in which the State Commission granted an appeal as a de novo matter, section 27423, subdivision (b), should have been cast in the language of “grant” or “deny” rather than in the traditional appellate language of “affirm, reverse, or modify.” In support of this position, REA relies upon Administrative Code section 14000. This section provides that the filing of an appeal from a decision of the Regional Commission merely suspends rather than extinguishes the decision until final action is taken by the State Commission. Since the State Commission did not vote to reverse or modify the Regional Commission’s vote, it contends that the tie vote resulted in an affirmance of the Regional Commission’s decision which had been suspended pending a ruling.
In support of its position, REA refers to various code sections which it argues indicate that the jurisdiction of the State Commission is limited to an appellate function: Section 27420, subdivision (c), provides that the State Commission may review a Regional Commission vote only after a notice of appeal is filed within 10 working days after the decision is rendered. If a timely notice is not filed, the decision of the Regional Commission becomes final automatically. Furthermore, REA argues that the State Commission is not required to accept every case for which a timely notice of appeal has been filed; it may decline to hear any appeal which it determines, in its discretion, fails to raise any substantial issues. (§ 27423, subd. (c); Admin. Code, § 13930.) The argument is fallacious because the determination by the State Commission as to whether, it will not accept the appeal must be made “by affirmative vote of the majority of the total authorized membership of the Commission.” (Admin. Code, § 13920.) Thus an appeal (and a de novo hearing) is not assured by the filing of the notice. As previously discussed, when the appeal is before the State Commission for the de novo hearing, the Regional Commission’s grant of the permit is suspended pending action by the State Commission. The Regional Commission’s decision becomes final if the State Commission, after it accepts the appeal, fails to rule within 60 days after a timely notice of appeal is filed. (§ 27423, subd. (b).) Moreover, the category of persons who may appeal to the State Commission is limited to the initial applicant or any person who has been aggrieved by approval of the permit by the Regional Commission. (§ 27423, subd. (a); Admin. Code, §§ 13900, 13903; see also Klitgaard & Jones, Inc. v. San Diego Coast Regional Com., supra, 48 Cal.App.3d 99.)
While section 27423 might have been as clear had the terms “grant” or “deny” been used in place of the language “affirm, modify, or reverse,” we believe that the legislative intent, which must be given effect (Code Civ. Proc., § 1859), can be gleaned from section 27423, subdivision (c), and sections 27224 and 27400. We note further that the language “affirm, reverse or modify” is broader in scope than “grant or deny.” We cannot conceive of any action the State Commission might take, which would not be encompassed within this language: i.e., it could affirm (either the granting or denial of the permit); it could reverse (place in effect a contra-order of either a grant or denial), or it could modify (relating to a grant only) conditions or extent of any grant of permit. Section 27423, subdivision (c), specifically requires a de novo public hearing by the same manner and vote as the Regional Commission; sections 27400 and 27224 require an affirmative vote by the majority of the authorized members of the State Commission to grant a permit.
The key word in these sections is “affirmative.” It refers to the granting or issuance of a permit, not a denial of one. If the appeal is from a denial of a permit, at least seven pro votes are required to “reverse” the Regional Commission (i.e., grant the permit). If the Regional Commission grants a permit (as in the present case), at least seven pro votes are required to “affirm” of “modify” (i.e., grant the permit). On the other hand, if the appeal is from a denial of a permit and less than seven pro votes are forthcoming, there is no affirmative vote for the granting of the permit and the result is the same as an affirmance of the Regional Commission’s denial. However, if the appeal is from a permit which has been granted and no affirmative, majority vote is obtained, there can be no affirmance (grant of permit) of the Regional Commission’s decision. Thus, there are three methods of having a permit denied: (1) a denial of a permit by the Regional Commission and the failure to get a majority, affirmative vote to hear an appeal on the basis that it raises no substantial issue (Admin. Code, § 13920); (2) a denial by the Regional Commission and the failure to get a majority affirmative vote by the State Commission on appeal after the appeal is accepted; (3) a grant of a permit by the Regional Commission and a failure to get a majority, affirmative vote to “affirm” or “modify” by the State Commission on appeal. Administrative regulations which have been adopted by the Commissions (Admin. Code, § 13001 et seq.) dictate this construction. Section 13343 provides in pertinent part that “Votes by a Regional Commission shall only be on the affirmative question of whether the permit should be granted; i.e., a ‘yes’ vote shall be to grant a permit (with or without conditions) and a ‘no’ vote to deny.” Section 13931, which sets forth the appeal procedure, provides in pertinent part that if the State "Commission determines to hear an appeal it shall substantially follow the format and procedures prescribed in Chapters 4 and 5 of these regulations for permit matters before Regional Commissions.” Accordingly, the vote before the State Commission was “whether the permit should be granted.” (§ 13343.)
The effect of the above quoted portions of sections 13343 and 13931 makes clear that “votes by [the State Commission] shall only be on the affirmative question of whether the permit should be granted.” Therefore, the vote by the State Commission was whether or not to grant the permit, contrary to REA’s argument that the State Commission was limited by section 27423, subdivision (b), to vote either to affirm, modify, or reverse. Adoption of REA’s construction of these sections would require us to nullify the language of these sections. We are prohibited from doing so. It is a rule of statutory construction that every part of an act should be effectuated so that the resulting interpretation will give effect to the intent of the Legislature. (Mercer v. Perez, 68 Cal.2d 104, 112 [65 Cal.Rptr. 315, 436 P.2d 315]; County of Sacramento v. Superior Court, supra, 20 Cal.App.3d 469, 472.) “[A] court is prohibited from such a construction as will omit a portion of a statute. (Code Civ. Proc.. § 1858.)” (Mercer v. Perez, supra, at p. 117; Van Nuis v. Los Angeles Soap Co., 36 Cal.App.3d 222, 229 [111 Cal.Rptr. 398].) A statute must also be read and considered as a whole, and each section must be reconciled with the others and given effect. (Code Civ. Proc., § 1858; In re Bandmann, 51 Cal.2d 388, 393 [333 P.2d 339].) Thus, it is clear that we are required to construe the Coastal Act in order to effectuate all of its provisions.
Indeed, there are other cardinal rules of statutory construction which compel the same conclusion that the State Commission’s jurisdiction is not limited to merely one of an appellate nature. It is well settled that where there are two possible interpretations available, the one more in keeping with the purposes of the statute will be adopted (Moyer v. Workmen’s Comp. Appeals Bd., 10 Cal.3d 222, 230 [110 Cal.Rptr. 144, 514 P.2d 1224]; West Pico Furniture Co. v. Pacific Finance Loans, 2 Cal.3d 594, 608 [86 Cal.Rptr. 793, 469 P.2d 665]) and that where there are conflicting provisions, the one susceptible to only one meaning will control the one that is susceptible of two meanings, if the statute can thereby be made harmonious. (People v. Moroney, 24 Cal.2d 638, 643 [150 P.2d 888]; Valenzuela v. Board of Civil Service Comrs., 40 Cal.App.3d 557, 564 [115 Cal.Rptr. 103].) Since section 27423, subdivision (b), is susceptible to different interpretations, we accept the interpretation placed on the Coastal Act by the State Commission in order to harmonize the remainder of the statute. Although “final responsibility for the interpretation of the law rests with the courts” (Whitcomb Hotel, Inc. v. Cal. Emp. Com., 24 Cal.2d 753, 757 [151 P.2d 233, 155 A.L.R. 405]), great weight must be given to the administrative construction of those charged with the enforcement and interpretation of a statute. (Ralphs Grocery Co. v. Reimel, 69 Cal.2d 172, 176 [70 Cal.Rptr. 407, 444 P.2d 79].) A court will not depart from such construction unless it is clearly erroneous. (Rivera v. City of Fresno, 6 Cal.3d 132, 148 [98 Cal.Rptr. 281, 490 P.2d 793].) We cannot say that the interpretation placed by the State Commission on the Coastal Act is erroneous in view of the specific language of sections 27423, subdivision (c), 27224, and 27400.
Furthermore, there is another rule of statutory construction applicable here that a specific provision relating to a particular subject will govern in respect to that subject, as against a general provision, although the latter, standing alone, would be broad enough to include the subject to which the more particular provision relates. (See People v. Moroney, supra, at p. 643; Short Stop, Inc. v. Fielder, 17 Cal.App.3d 435, 444 [95 Cal.Rptr. 102].) In the instant case, section 27423, subdivision (c), and sections 27224 and 27400 delineate the specific procedure which the State Commission is required to follow in hearing appeals. Since section 27423, subdivision (b), is a more general provision, it is controlled by the more specific sections.
Moreover, relying on the figures submitted in appellant’s brief, the State Commission has reviewed several hundred permit applications since its inception, and in 24 of those cases the State Commission has denied a permit because of a tie vote. During this time the Legislature has amended the Coastal Act on three occasions, including a very minor change of section 27423 (Stats. 1973, ch. 1014, § 7, p. 2016). Since the Legislature must be well aware of the State Commission’s interpretation of the Coastal Act, we assume that the interpretation placed on sections 27423, 27224 and 27400 by the State Commission is expressive of the Legislature’s intent. (Ralphs Grocery Co. v. Reimel, supra, 69 Cal.2d 172, 176.)
REA next contends that this court should adopt the application of the term “de novo” as set forth in the case of Dare v. Bd. of Medical Examiners, 21 Cal.2d 790 [136 P.2d 304], wherein the court discussed the scope of judicial review in administrative mandamus proceedings. (Code Civ. Proc., § 1094.5.) To analyze this contention, we must initially determine the interpretation California courts have placed on the term “de novo.” The leading case in California on this point is Buchwald v. Katz, 8 Cal.3d 493 [105 Cal.Rptr. 368, 503 P.2d 1376]. In Buchwald, the Supreme Court affirmed its earlier decision of Collier & Wallis, Ltd. v. Astor, 9 Cal.2d 202 [70 P.2d 171], where it had construed the language of section 19 of the Private Employment Agency Law (later codified in Lab. Code, § 1700.44). In the Collier & Wallis case, the court discussed the term “de novo” as follows (at p. 205): “A hearing de novo literally means a new hearing, or a hearing the second time. (18 Cor. Jur. 486.) Such a hearing contemplates an entire trial of the controversial matter in the same manner in which the same was originally heard. It is in no sense a review of the hearing previously held, but is a complete trial of the controversy, the same as if no previous hearing had ever been held. It differs, therefore, from an ordinary appeal from an inferior to an appellate body where the proceedings of the hearing in the inferior court are reviewed and their validity determined by the reviewing court. A hearing de novo therefore is nothing more nor less than a trial of the controverted matter by the court in which it is held. The decision therein is binding upon the parties thereto and takes the place of and completely nullifies the former determination of the matter. . .. [T]he section simply gives to the party dissatisfied . with the determination of the labor commissioner a hearing of the matter . . . before the superior court. The court hears the matter, not as an appellate court, but as a court of original jurisdiction, with full power to hear and determine it as if it had never been before the labor commissioner. The act does not, therefore, in fact or in law confer appellate jurisdiction upon the superior court, but does provide a legal forum where either party to the controversy, in case he is dissatisfied with the determination of the labor commissioner, may have his rights adjudicated.”
In the present case, the language of section 27423, subdivision (c)—“Appeals . . . shall be scheduled for a de novo public hearing and shall be decided in the same manner and by the same vote as provided for decisions by the regional commissions”—is virtually identical to the language in the Collier & Wallis case—“such hearing contemplates an entire trial ... in the same manner in which the same was originally heard.” Thus, we conclude that the term “de novo” as used in section 27423, subdivision (c), in light of Administrative Code sections 13931 and 13343, contemplates not merely a new public hearing, but that all matters involved are to be decided “ ‘anew; afresh; over again.’ ” (People v. Bourdon, 10 Cal.App.3d 878, 881, fn. omitted [89 Cal.Rptr. 415].)
The Dare case, upon which REA relies so extensively, is not in point. The rules enunciated in Dare, as recently discussed in Bixby v. Pierno, 4 Cal.3d 130, 144 [93 Cal.Rptr. 234, 481 P.2d 242] and Strumsky v. San Diego County Employees Retirement Assn., 11 Cal.3d 28, 34-36 [112 Cal.Rptr. 805, 520 P.2d 29], are specifically limited to judicial review of administrative mandamus proceedings. Code of Civil Procedure section 1094.5 provides for two types of judicial review of administrative decisions. When such a decision affects a vested and fundamental right, then a full and independent review of the administrative decision is required. (Bixby v. Pierno, supra, 4 Cal.3d 130, 144.) Hence, the scope of review before a court which is reviewing a decision affecting a vested right is not an unqualified or unlimited trial de novo, but the court is to exercise an independent judgment from facts elicited from the record, as well as reviewing additional evidence where the evidence could not have been produced at the administrative hearing in the exercise of reasonable diligence, or the evidence was improperly excluded at the hearing. {Bixby v. Pierno, supra, at p. 143, fn. 10.) On the other hand, if the administrative decision does not involve or substantially affect a fundamental vested right, the trial court must still review the entire administrative record to determine whether the findings are supported by substantial evidence, and whether the agency committed any errors of law. The trial court need not look beyond the record of the administrative proceeding. {Id., at p. 144; Strumsky, supra, at p. 44.)
With respect to the limited nature of judicial review of administrative mandamus proceedings, the Dare court stated (at p. 795): “. . . . The significance of the trial designated as a trial de novo must be tested in the light of the nature and scope of the remedy in mandamus thus made available .... The scope of such a trial is not to be deemed to be the unqualified or unlimited trial de novo to which a litigant is entitled in the superior court on appeal from a justice’s court on questions of fact or on questions of both law and fact (Code Civ. Proc., sec. 976), where, justifiably or not, he may present a ‘skeleton’ case in the lower court and reserve the real showing on the merits for the trial in the superior court. And such a trial is not governed by the rules applicable to the statutory review of the action of the Board of Governors of The State bar in which this court exercises an independent judgment solely on the facts contained in the record before the board.”
The limited and qualified de novo hearing in a mandamus action partakes more of the nature of a review than of a new trial, and it is only required in those cases where a fundamental vested right is involved. Since REA does not contend it has a vested right to the development permit in the present case (Pub. Resources Code, § 27404; San Diego Coast Regional Com. v. See The Sea, Limited, 9 Cal.3d 888 [109 Cal.Rptr. 377, 513 P.2d 129]), a limited de novo hearing is not appropriate.
The case of People of St. of Cal. ex. rel. Younger v. Tahoe Reg. P. Ag. (9 th Cir. 1975) 516 F.2d 215 (cert. den. Oct. 6, 1975) is of no help to REA. That decision is based solely on interpretation of the 1968 CaliforniaNevada Compact, which created the Tahoe Regional Planning Agency (Gov. Code, § 67000 et seq.) However, two of the provisions of the compact are somewhat similar to the provisions of the Coastal Act. Article 111(g) of the compact provides in pertinent part that “a majority vote of the members present representing each state shall be required to take action with respect to any matter. . . .” Article VI(k) provides: “Whenever . . . the agency is required to review or approve any proposal . . . the agency shall take final action, whether to approve, to require modification or to reject such proposal, within 60 days after such proposal is delivered to the agency. If the agency does not take final action within 60 days, the proposal shall be deemed approved.” Following a hearing before the TRPA, a motion to approve two development projects was made, as well as a motion to deny both projects. The California members (five) all voted to deny the permit. The vote of the Nevada members was split, three in favor of granting the permit, and two against. As a result of the vote, plans were made to commence construction on the projects. California then brought suit to enjoin construction. The court denied California’s motion for a preliminary injunction, reasoning that the voting did not constitute “action” within the meaning of the compact, and that the TRPA’s failure to take action resulted in the projects being deemed approved under Article VI(k). California had argued that Article 111(g) should be interpreted to read that if a motion does not receive a positive vote from the majority of both states, then the proposal should fail. The Ninth Circuit affirmed the decision of the district court.
The present case is distinguishable from the TRPA case because Public Resources Code section 27423, subdivision (c), specifically provides that the State Commission must have a de novo hearing and decide the appeal in the same manner and by the same vote as the Regional Commission. Sections 27400 and 27224 provide that at least an affirmative vote of the majority of the State Commission is required to grant a permit.
The superior court is directed to vacate its order dated October 23, 1974, in case No. C83286 and to enter a new and different order to conform with the views expressed in this opinion.
The judgment is reversed; costs to appellants.
Hastings, J., concurred.
ASHBY, J.
I dissent.
The conclusion reached by the majority is based on two erroneous premises. The first is that upon the filing of a notice of appeal from the decision of the Regional Commission, that decision becomes a nullity. The second is that the tie vote by the membership of the State Commission constitutes action.
Stripped of its embellishments, appellant’s circular argument goes like this: The act provides that on appeal there shall be a de novo hearing in the same manner and vote as the Regional Commission hearing. A hearing de novo is a new hearing, thus the decision of the Regional Commission is a nullity. Because the Regional Commission decision is a nullity and the word “shall” is mandatory, the State Commission is required to cast at least “seven votes for the issuance of a permit.” Since there was no majority vote by the State Commission for issuance of the permit, there in effect was a denial. A denial is an action taken. Therefore neither California Administrative Code, title 14, section 14000, nor Public Resources Code section 27423, subdivision (b), applies.
Appellant’s argument is valid only if the Regional Commission’s decision becomes a nullity upon the filing of the notice of appeal. But this theory obviously disregards Administrative Code section 14000, which specifically and expressly provides that the operation and effect of the permit is merely suspended until final action is taken by the State Commission. If the permit is only suspended, then it of course does not become a nullity upon the filing of an appeal to the State Commission. It can become a nullity only if the State Commission takes action contrary to the action of the Regional Commission. Since the State Commission has plenary power to decide the appeal, it can substitute its contraiy determination for that of the Regional Commission, and, if it does, the Regional Commission action becomes a nullity. For example, the Regional Commission denies a permit and the State Commission votes to issue it or the Regional Commission issues a permit and the State Commission votes to deny it, in either situation the majority vote of the State Commission would be final action and would nullify the decision of the Regional Commission. But the decision of the Regional Commission does not become a nullity unless the State Commission takes action. (§ 27423, subd. (b).) To take action, the State Commission must have a majority vote.
Appellant’s next contention, which is inconsistent with its first contention, is that the permit is no longer suspended because the State Commission took action by its tie vote.
Appellant’s justification for its argument that a tie vote is action because it is in effect a denial cannot withstand analysis. If appellant is correct then any vote less than a majority vote is action since it also is in effect a denial. Under appellant’s theory, even the failure to vote because of the lack of a quorum would be action because it too would in effect be a denial. In other words, appellant is actually arguing that there can never be a situation in which the State Commission would take no action. This interpretation makes totally meaningless that portion of section 27423, subdivision (b), which provides that “[i]f the [state] commission fails to act within 60 days after notice of appeal has been filed, the regional commission’s decision shall become final.”
The Problem
In the instant case, appellant is urging a zoning ordinance approach to what is a use permit situation. The majority has been led into its error by appellant’s confusion of basic land-use permit procedures. This appeal involves quite a simple problem which becomes complex only when the plain meaning of the act is disregarded to reach the result urged by appellant.
The issue presented by this appeal is this: When a permit is issued by the affirmative majority vote of the Regional Commission, does a tie vote by the State Commission on appeal constitute a final action or does the decision of the Regional Commission become final.
Discussion
If effect is given to the plain meaning of the Coastal Act, no construction is necessary; but, even so, in construing legislation, its various provisions must be construed to harmonize its parts and sections so that no word, phrase, or provision is rendered unnecessary or meaningless. (Mercery. Perez, 68 Cal.2d 104, 112 [65 Cal.Rptr. 315; 436 P.2d 315]; County of Sacramento v. Superior Court, 20 Cal.App.3d 469, 472 [97 Cal.Rptr. 771]; Wemyss v. Superior Court, 38 Cal.2d 616, 621 [241 P.2d 525]; Prager v. Isreal, 15 Cal.2d 89, 93 [98 P.2d 729]; People v. Gilbert, 1 Cal.3d 475, 480 [82 Cal.Rptr. 724, 462 P.2d 580].)
The law is very clear. All permits are issued by the Regional Commission. “[A]ny person wishing to perform any development within the permit area shall obtain a permit authorizing such development from the Regional Commission. ...”(§ 27400; italics added.) In order to obtain such a permit, the application must be approved by either the Regional Commission or the State Commission. “. . . no permit shall be issued without the affirmative vote of a majority of the total authorized membership of the regional commission, or of the commission on appeal.” (§ 27400.)
The reason for the language “or of the commission on appeal” is that the situation frequently arises where the Regional Commission does not affirmatively vote to issue a permit to the applicant. Thus, in order to obtain the permit from the Regional Commission, the applicant must gain the approval of the State Commission by an affirmative vote. The procedure to be used is set forth in the act as an appeal. “An applicant. . . may appeal to the commission.” (§ 27423.) The State Commission is required to hear the appeal unless it determines that the appeal raises no substantial issue. (§ 27423, subd. (c); Cal. Admin. Code, tit. 14, § 13920.)
There are two types of appeals under the Coastal Act. (§ 27423, subd. (a); see also Cal. Admin. Code, tit. 14, § 13900.)
1. By the applicant from a denial.
2. By a person aggrieved by the issuance of a permit.
Where the applicant appeals from a denial by the Regional Commission, the applicant must receive the affirmative vote of the State Commission or no permit will be issued by the Regional Commission. This, however, is not the case before us.
The instant case involves a type two appeal. Since the applicant has already obtained its permit from the Regional Commission upon its affirmative majority vote to issue, the issuance of the permit is not dependent upon the affirmative vote of the State Commission. (§ 27400.)
Upon the filing of the appeal by a person aggrieved, the decision of the Regional Commission to issue the permit is suspended until the State Commission takes final action. “The filing of an appeal from any . . . decision of a Regional Commission granting a permit . . . shall suspend the operation and effect of such . . . decision, or permit until final action on said appeal by the Commission.” (Cal. Admin. Code, tit. 14, § 14000; italics added.)
In hearing the appeal, the State Commission conducts a full hearing not limited to the evidence before the Regional Commission. The State Commission may exercise its discretion in considering the evidence in resolving conflicts in the evidence and may affirm or substitute its own judgment for that of the Regional Commission and reverse or modify that decision.
In order to reach its conclusion that the decision of the Regional Commission is a nullity, appellant argues that the “appeal to the State Commission is not an ‘appeal’. . ., but merely the description of another forum for approval of an applicant’s permit.” Appellant bases this argument on the provisions of section 27423, subdivision (c), which provides for “a de novo public hearing . . . decided in the same manner and by the same vote as provided for decisions by the regional commissions.” (Italics added.)
Appellant seizes upon the words “de novo hearing” to bolster its argument that the decision of the Regional Commission became a nullity once the matter was appealed to the State Commission. It argues that '“[a] hearing de novo is literally a new hearing. It contemplates an entire trial of the controverted matter in the same manner in which it was originally heard. The decision therein is binding on the parties and takes the place of, and completely nullifies, the former determination of the matter....”
De novo hearings are the norm in zoning and permit matters, e.g., Russian Hill Improvement Assn. v. Board of Permit Appeals, 66 Cal.2d 34, 38 [56 Cal.Rptr. 672, 423 P.2d 824]; Lindell Co. v. Board of Permit Appeals, 23 Cal.2d 303, 313 [144 P.2d 4]; City & County of S. F. v. Superior Court, 53 Cal.2d 236, 248 [1 Cal.Rptr. 158, 347 P.2d 294]. The fact that the hearing before the State Commission is de novo does not mean that the action of the Regional Commission becomes a nullity merely because of the appeal. It means that the function of the State Commission is not limited to reviewing the record for errors or substantiality of the evidence, or merely determining whether or not the Regional Commission abused its discretion. De novo hearing means that the State Commission may hear all evidence submitted and is not limited to the evidence before the Regional Commission. It further means that the State Commission may exercise its discretion in considering the evidence resolving conflicts within its discretion and, if reasonable, substitute its judgment for that of the Regional Commission. What appellant fails to understand is that there is no inconsistency between the concept of a hearing de novo by the State Commission and the fact that the decision of the Regional Commission is merely suspended by the appeal. Where there is a de novo hearing, the determination of the permit issuing agency does not become a nullity merely because its decision was appealed. It becomes a nullity only when the appellate body makes a judgment and takes an action which is contrary to the decision of the issuing body. (See Collier & Wallis, Ltd. v. Astor, 9 Cal.2d 202 [70 P.2d 171].)
Appellant’s argument completely disregards Administrative Code section 14000 which provides: “The filing of an appeal from any order or decision of a Regional Commission granting a permit or claims of exemption, shall suspend the operation and effect of such order, decision, or permit until final action on said appeal by the Commission. ...” (Italics added.) It also disregards section 27423, subdivision (b), which provides that “[i]f the commission fails to act within 60 days after notice of appeal has been filed, the regional commission’s decision shall become final.” It is clear that the decision of the Regional Commission was not intended to be a nullity. The act is very clear that that decision is held in abeyance until a final action is taken by the State Commission.
There is no validity to appellant’s argument that “in the same manner and by the same vote as provided for decisions by the regional commissions” means that the State Commission can only grant or deny a permit and by not granting it must be denying the permit. This language merely means that the hearing procedures are the same and a majority vote is necessary for action. It does not mean that the State Commission can only “grant or deny” when an appeal is heard from the issuance of a permit. The grant or deny wording applies only to type one appeals where no permit has been issued by the Regional Commission. Where the appeal is type two, as in the instant case, the action of the State Commission as prescribed by section 27423, subdivision (b), is to “affirm, reverse, or modify the decision of the regional commission.” Where general and specific provisions are inconsistent and cannot be reconciled, the specific provision controls. (People v. Western Air Lines, Inc., 42 Cal.2d 621, 637 [268 P.2d 723]; Rose v. State of California, 19 Cal.2d 713, 723-724 [123 P.2d 505]; In re Marquez, 3 Cal.2d 625, 629 [45 P.2d 342]; Code Civ. Proc., § 1859.)
Appellant’s argument gives no effect to the portion of section 27423, subdivision (b), which provides that the “commission may affirm, reverse, or modify the decision of the regional commission.” Appellant argues that “[t]he terms are merely descriptive and should only be used to characterize a determination parallel or contrary to that of the regional commission. Certainly inquiry into the proper interpretation of a word cannot solely be guided by its legal use.” If appellant is correct in maintaining that the decision of the Regional Commission is a nullity, then section 27423, subdivision (b), has no meaning since there would be nothing for the State Commission to “affirm, reverse, or modify.”
The language which appellant so lightly dismisses is the standard wording of zoning and permit appeals provisions. For example, Government Code section 65903 authorizes the creation of boards of appeals for local agencies and provides as follows;
“A board of appeals, if one has been created and established by local ordinance, shall hear and determine appeals from the decisions of the board of zoning adjustment or the zoning administrator, as the case may be. Procedures for such appeals shall be as provided by local ordinance. Such board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision, or determination as should be made, and such action shall be final.” (Italics added.)
Appellant’s argument that the lack of a majority vote by the membership of the State Commission is action is not valid. The Attorney General made a similar argument in People of St. of Cal. ex rel. Younger v. Tahoe Reg. P. Ag., 516 F.2d 215 (9th Cir. 1975), (cert, den., 423 U.S. 888 [46 L.Ed.2d 97, — S.Ct. —]). The Ninth Circuit Court of Appeals rejected that argument. In TRPA, the applicant obtained the approval of the Nevada Tahoe Regional Planning Agency for the building of two projects. Although, as in the instant case, the TRPA was not the permit issuing authority, it had appellate authority to review the issuance of those permits. TRPA’s land use ordinance section 4.32 provided: “Administrative permits and variance permits . . . issued by the permit-issuing authority shall be subject to Agency review, and upon review of any such permit the Agency shall take final action, whether to approve, to require modification or to reject such permit within 60 days after such permit is delivered to the Agency. If the agency does not take final action within 60 days, the permit shall be deemed approved.”
The vote of the TRPA was a tie. The Attorney General argued there, as he does in the instant case, that the tie vote amounted to a denial. The Circuit Court of Appeals rejected this argument holding that:
“Under the TRPA statutory and regulatory scheme, variance and use permits must be submitted for review to the TRPA, and the TRPA has broad discretion to reject or approve on the merits each building permit request. However, the TRPA’s power of de novo review is fully exercised only when a dual majority for or against a proposal is reached.
“When a split vote is registered, the TRPA assumes a different posture, and becomes more like an appellate court than a zoning board. If an appellate court cannot agree on a majority decision, then the lower body’s decision stands affirmed—the rationale being that no ‘decision’ has been reached by the higher authority. Cf. State Department of Ecology v. City of Kirkland, 84 Wash.2d 25, 523 P.2d 1181, 1184 (1974). Similarly, in this case where no dual majority was mustered for either approval or rejection, we conclude that no ‘decision’ was ever rendered nor ‘final action’ ever taken by the TRPA. By virtue of Article VI(k) which provides in such a case that the project be deemed approved, the decision of the local permit issuing authority in effect stands affirmed {Id. at p. 219; italics aded.)
TRPA is directly in point. There as in the instant case the issuance of a permit was by a body other than the reviewing body. Secondly, the TRPA had the appellate power of de novo review as does the State Commission in the instant case. In both cases, there were tie votes and as a consequence no action was taken. Both the Tahoe Act and the Coastal Act provide that where no action is taken within the prescribed period the decision of the subordinate body becomes final.
Finally, appellant argues that its contemporaneous administrative construction of the act is entitled to great weight and should be controlling. Certainly the administrative practice of the State Commission is entitled to weight but it is not controlling in the present situation where it is so clearly not in accordance with the plain meaning of the statutes. “ ‘[A]lthough contemporaneous construction by officials charged with the administration of a statute or ordinance is given great weight, “final responsibility for the interpretation of the law rests with the courts. ‘At most administrative practice is a weight in the scale, to be considered but not to be inevitably followed.’ ” (Whitcomb Hotel v. California Emp. Com., 24 Cal.2d 753, 756-757 [151 P.2d 233, 155 A.L.R. 405], quoting from F. W. Woolworth Co. v. United States, 91 F.2d 973.) The rule of contemporaneous construction may not be applied when the wording of the statute or ordinance, as in the present case, clearly calls for a different construction. (California Drive-in Restaurant Assn. v. Clark, 22 Cal.2d 287, 294 [140 P.2d 657, 147 A.L.R. 1028].)’ (Johnston v. Board of Supervisors (1947) 31 Cal.2d 66, 74-75 [187 P.2d 686]; see also Goodwill Industries v. County of Los Angeles (1953) 117 Cal.App.2d 19, 26 [254 P.2d 877].)” (Atlantic Oil Co. v. County of Los Angeles, 69 Cal.2d 585, 599 [72 Cal.Rptr. 886, 446 P.2d 1006].)
Conclusion
The State Commission cannot take action without the vote of a majority of its membership. (Cal. Admin. Code, tit. 14, § 13152.) The tie vote resulted in a failure by the State Commission to act within 60 days after the filing of notice of appeal as prescribed by section 27423, subdivision (c), as extended by agreement of REA and appellant.
(Klitgaard & Jones, Inc. v. San Diego Coast Regional Com., 48 Cal.App.3d 99, 112 [121 Cal.Rptr. 650].) Therefore, as provided in that section, “the regional commission’s decision shall become final.”
I would affirm the judgment.
On November 13, 1975, the opinion was modified to read as printed above. Respondent’s petition for a hearing by the Supreme Court was denied December 24, 1975. Clark, J., was of the opinion that the petition should be granted.
Section 27424. “Any person, including an applicant for a permit, aggrieved by the decision or action of the commission or regional commission shall have a right to judicial review of such decision or action by filing a petition for a writ of mandate in accordance with the provisions of Chapter 2, (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure, within 60 days after such decision or action has become final.”
Section 27400. “On or after February 1, 1973, any person wishing to perform any development within the permit area shall obtain a permit authorizing such development from the regional commission and, if required by law, from any city, county, state, regional or local agency.
“Except as provided in Sections 27401 and 27422, no permit shall be issued without the affirmative vote of a majority of the total authorized membership of the regional commission, or of the commission on appeal.”
Section 27224. “The commission and regional commissions shall meet no less than once a month at a place convenient to the public. Unless otherwise provided in this division, no decision on permit applications or on the adoption of the coastal zone plan or any part thereof shall be made without a prior public hearing. All meetings of the commission and each regional commission shall be open to the public. A majority affirmative vote of the total authorized membership shall be necessary to approve any action required or permitted by this division, unless otherwise provided."
Section 27420. “(a) The commission shall prescribe the procedures for permit applications and their appeal.... _
“(c) The regional commission shall act upon an application for permit within 60 days after the conclusion of the hearing and such action shall become final after the 10th working day unless an appeal is filed within that time.”
Section 27423. “(a) An applicant, or any person aggrieved by approval of a permit by the regional commission, may appeal to the commission.
“(b) The commission may affirm, reverse, or modify the decision of the regional commission. If the commission fails to act within 60 days after notice of appeal has been filed, the regional commission's decision shall become final.
“(c) The commission may decline to hear appeals that it determines raise no substantial issues. Appeals it hears shall be scheduled for a de novo public hearing and shall be decided in the same manner and by the same vote as provided for decisions by the regional commissions.”
The Coastal Act empowers each commission to adopt any regulations or take any action it deems reasonable and necessary to carry out its provisions. (§ 27240, subd. (d).) A comprehensive code of regulations has been adopted. (Cal. Admin. Code. tit. 14, div. 5.5, § 13001 et seq. (hereinafter referred to as Admin. Code).)
At REA’s request, the State Commission extended the 60-day time period within which it was required to act. (Admin. Code, § 13931 provides in pertinent part: “The scheduling and determination of appeals shall be such as to allow final action within sixty (60) days of the date an appeal is filed, unless a request for an extension of the 60-day period is made and granted.”) (Italics added.)
Santa Rosa City R.R. v. Railway Co., 112 Cal. 436 [44 P. 733]: State, Department of Ecology v. City of Kirkland (1974) 84 Wn.2d 25 [523 P.2d 1181, 1184].
Section 27001, subdivision (d): “To create the California Coastal Zone Conservation Commission, and six regional coastal zone conservation commissions, to implement the provisions of this division.”
Section 27200. “The California Coastal Zone Conservation Commission is hereby created and shall consist of the following members:
“(a) Six representatives from the regional commissions, selected, by each regional commission from among its members.
“(b) Six representatives of the public who shall not be members of a regional commission.”
Section 27201, subdivision (e); “The South Coast Regional Commission for Los Angeles and Orange Counties shall consist of the following members:
“(1) One supervisor from each county.
“(2) One city councilman from the City of Los Angeles selected by the president of such city council.
“(3) One city councilman from Los Angeles County from a city other than Los Angeles.
“(4) One city councilman from Orange County.
“(5) One delegate to the Southern California Association of Governments.
“(6) Six representatives of the public.”
Section 27001, subdivision (b): “(b) To prepare, based upon such study and in full consultation with all affected governmental agencies, private interests, and the general public, a comprehensive, coordinated, enforceable plan for the orderly, long-range conservation and management of the natural resources of the coastal zone, to be known as the California Coastal Zone Conservation Plan.”
Section 27300: “The commission shall prepare, adopt, and submit to the Legislature for implementation the California Coastal Zone Conservation Plan.”
Section 27320, subdivision (c): “On or before December 1, 1975, the commission shall adopt the coastal zone plan and submit it to the Legislature for its adoption and implementation.”
Section 27104 provides in pertinent part: “ ‘Permit Area’ means that portion of the coastal zone lying between the seaward limit of the jurisdiction of the state and 1,000 yards landward from the mean high tide line of the sea....”
Section 27001. “The people of the State of California hereby find and declare that the California coastal zone is a distinct and valuable natural resource belonging to all the people and existing as a delicately balanced ecosystem; that the permanent protection of the remaining natural and scenic resources of the coastal zone is a paramount concern to present and future residents of the state and nation; that in order to promote the public safety, health, and welfare, and to protect public and private property, wildlife, marine fisheries, and other ocean resources, and the natural environment, it is necessary to preserve the ecological balance of the coastal zone and prevent its further deterioration and destruction; that it is the policy of the state to preserve, protect, and, where possible, to restore the resources of the coastal zone for the enjoyment of the current and succeeding generations; and that to protect the coastal zone it is necessary:
“(c) To ensure that any development which occurs in the permit area during the study and planning period will be consistent with the objectives of this division.”
Section 27302. “'Ihe coastal zone plan shall be consistent with all of the following objectives:
“(a) The maintenance, restoration, and enhancement of the overall quality of the coastal zone environment, including, but not limited to, its amenities and aesthetic values.
“(b) The continued existence of optimum populations of all species of living organisms.
“(c) The orderly, balanced utilization and preservation, consistent with sound conservation principles, of all living and nonliving coastal zone resources.
“(d) Avoidance of irreversible and irretrievable commitments of coastal zone resources."
Section 27402. “No permit shall be issued unless the regional commission has first found, both of the following:
“(a) That the development will not have any substantial adverse environmental or ecological effect.
“(b) That the development is consistent with, the findings and declarations set forth in Sections 27001 and with the objectives set forth in Section 27302.
“The applicant shall have the burden of proof on all issues.”
Section 27403. “All permits shall be subject to reasonable terms and conditions in order to ensure:
“(a) Access to publicly owned or used beaches, recreation areas, and natural reserves is increased to the maximum extent possible by appropriate dedication.
'“(b) Adequate and properly located public recreation areas and wildlife preserves are reserved.
“(c) Provisions are made for solid and liquid waste treatment, disposition, and management which will minimize adverse effects upon coastal zone resources.
“(d) Alterations to existing land forms and vegetation, and construction of structures shall cause minimum adverse effect to scenic resources and minimum danger of floods, landslides, erosion, siltation, or failure in the event of earthquake.”
Administrative Code section 13151 provides that “[ejxcept as otherwise required by Public Resources Code, section 27401, or in these regulations, actions of the [State] Commission or of a Regional Commission shall be by vote of a majority of the total authorized membership of that Commission.” Thus, this section requires a majority vote by the State Commission to grant a permit once the matter is accepted on appeal.
Throughout this opinion we utilize the term “majority” vote which was used by both parties throughout their briefs and in oral argument. Where a two-thirds vote is required (§ 27401) (which is probably the case here), the identical rationale, of course, applies and the term “two thirds” would merely be substituted for the term “majority.” Section 27401 provides:
“No permit shall be issued for any of the following without the affirmative vote of two-thirds of the total authorized membership of the regional commission, or of the commission on appeal:
“(a) Dredging, filling, or otherwise altering any bay, estuary, salt marsh, river mouth, slough, or lagoon.
“(b) Any development which would reduce the size of any beach or other area usable for public recreation.
“(c) Any development which would reduce or impose restrictions upon public access to tidal and submerged lands, beaches and the mean high tideline where there is no beach.
“(d) Any development which would substantially interfere with or detract from the line of sight toward the sea from the state highway nearest the coast.
“(e) Any development which would adversely affect water quality, existing areas of open water free of visible structures, existing and potential commercial and sport fisheries, or agricultural uses of land which are existing on the effective date of this division.”
REA argues that our construction of the act. in effect, replaces the conjunction "or” with “and” in the controlling language of sections 27400 and 27401. which reads: "No permit shall be issued without the affirmative vote of a majority [two-thirds in § 27401] of the regional commission, or of the [State] commission on appear' (italics added). REA contends that this would require both bodies to affirmatively vote to grant a permit. This argument fails to recognize that an aggrieved applicant may appeal from a denial of his application, in which case solely the State Commission may affirmatively vote to grant the permit. We believe that the controlling language quoted compels our ruling that an affirmative, majority (or two-thirds) vote by the State Commission is required to grant a permit after an appeal from a decision of the Regional Commission has been accepted. We conclude that the only reasonable construction is to construe "of the [State] Commission on appeal" to intend “of the [State] Commission [when] on appeal.” This construction is compelled by the requirement that the hearing on appeal be a de novo hearing, which we thoroughly discuss infra, at pages 612 through 614.
“§ 14000. The filing of an appeal from any order or decision of a Regional Commission granting a permit or claims of exemption, shall suspend the operation and effect of such order, decision, or permit until final action on said appeal by the Commission. Pending appeal, no- development pursuant to any such appealed from order, decision, or permit shall take place. The substance of this section shall be set forth in every such order and decision adopted and every permit issued by a Regional Commission.”
Undoubtedly, this section was enacted to provide a mechanism by which those cases which the State Commission fails to take action on within 60 days after the notice of appeal is filed are given permit effectiveness. (§ 27423, subd. (b).)
The section strongly suggests that an appeal does present a substantial issue because it requires an affirmative vote of the State Commission to determine that the appeal raises no substantial issue.
“.... we should follow the construction by those charged with the statute’s execution unless there are compelling indications that it is wrong.” (People of St. of Cal. ex rel. Younger v. Tahoe Reg. P. Ag. (9th Cir. 1975) 516 F.2d 215, 219; cert den. Oct. 6. 1975.)
Section 19 provided as follows: “In all cases of controversy arising under this act the parties involved shall refer the matter in dispute to the commissioner of labor, who shall hear and determine the same subject to an appeal within ten days to the Superior Court where the same shall be heard de novo.”
Section 1700.44 in relevant part provides as follows: “In cases of controversy arising under this chapter the parties involved shall refer the matters in dispute to the Labor Commissioner, who shall hear and determine the same, subject to an appeal within 10 days after determination, to the superior court where the same shall be heard de novo.”
The administrative appeal herein is also similar to a small claims appeal, where “[o]n appeal the action shall be tried anew.” (Code Civ. Proc., § 117j.) (See 6 Witkin, Cal. Procedure, Appeal, § 24, pp. 4041-4042.)
In TRPA, the court recognized that “the Compact and the TRPA [Tahoe Regional Planning Agency] are sui generis offsprings of a marriage between sovereign partners, each extremely reluctant to relinquish its sovereignty over a portion of its territory.” Such is not the case of the Coastal Zone Commissions. There is but one state involved—California; there is solely one purpose to achieve: to preserve the ecology of California’s natural resources.
The TRPA court recognized that “[generally, once a quorum is present, any vote by an organization on any proposal is considered ‘action.’ Thus, if there is a proposal on the floor for approval of a new méeting time; and it fails to gain a majority vote (e.g., the vote ends in a tie), ‘action’ has been taken and the proposal is considered rejected. See Robert’s Rules of Order Newly Revised § 43 (1970). Consistent with this parliamentary rule are numerous decisions by courts holding that tie votes by zoning boards or other governmental bodies have the effect of denying the proposals before them. [Citations.]” {Id, at p. 218.) (Parenthenthetically, we note that tit. 14 of the Admin. Code, § 13152 states: “Except as provided by the provisions of Division 18 of the Public Resources Code or of these regulations, or when the Commission determines otherwise, each Commission shall operate under Robert’s Rules of Order.”) The TRPA court then looked to the “provisions of the unique statutory scheme.” It concluded that “neither the statutory nor regulatory scheme requires that a proposed project gain the approval of the TRPA before it is built.” {Id., at p. 219.) The Coastal Act differs substantially from the TRPA scheme: an affirmative, majority vote of the State Commission is required for the grant of the building permit once the appeal is before that body for action.
We conclude that any seeming similarity between the TRPA case and the instant case is illusory.
Although the majority speaks of acceptance of the appeal rather than the filing of notice, the operative act is the filing of a notice of appeal, not an acceptance. The reason for this is that the State Commission must hear every appeal unless by a majority vote of its membership it declines to hear it. In other words, the State Commission does not accept appeals, it can only decline to hear them if they present no substantial issue.
“The filing of an appeal from any . . . decision of a Regional Commission granting a permit . . . shall suspend the operation and effect of such . . . decision, or permit until final action on said appeal by the Commission.” (Italics added.)
“. . . If the [state] commission fails to act within 60 days after notice of appeal has been filed, the regional commission’s decision shall become final.” (Italics added.)
Unless otherwise indicated, all section references are to the Public Resources Code.
The procedures set forth in the Coastal Act are not unique. They are based on and follow the traditional land-use procedural scheme.
BASIC LAND-USE PROCEDURES
Zoning law involves the use of land. Land use is controlled by zoning and permits. Cities and counties are legislative bodies and each has a planning commission. (Gov. Code, § 65100.) Both the planning commission and the legislative body are involved in zoning and the issuance of use permits.
1. Zoning Ordinances.
Zoning is accomplished by the enactment of a zoning ordinance which is a legislative act. (Johnston v. City of Claremont, 49 Cal.2d 826, 834-835 [323 P.2d 71]; Lockard v. City of Los Angeles, 33 Cal.2d 453, 460 [202 P.2d 38, 7 A.L.R.2d 990]; Gov. Code, § 65851.) An applicant landowner desiring to have his land zoned or the zone changed files an application with the planning commission. The planning commission holds hearings and makes a recommendation to the legislative body. The determination of the planning commission requires a majority vote. The implementation of that action requires a majority vote of the legislative body. If the legislative body fails to act by an affirmative majority vote, there is no ordinance and the application in effect is denied. (See Richter v. Board of Supervisors, 259 Cal.App.2d 99, 106 [66 Cal.Rptr. 52].
2. Use Permits.
Each type of zoning permits certain uses. Other uses may be made of the property if a permit is obtained. To obtain a permit the landowner must make application to the planning commission. (Gov. Code, §§ 65901, 65902.) A hearing is held and a decision is made by the planning commission by a majority vote to grant or deny the permit. In the absence of an appeal, the decision of the planning commission is final. Although the authority to issue the permit is with the planning commission, the legislative body has the power to review. Upon the filing of an appeal, the decision of the planning commission is suspended. The reviewing power of the legislative body is plenary and the hearings they conduct are de novo. This function is administrative rather than legislative. They can affirm, reverse, or modify the decision of the planning commission. (Gov. Code, §§ 65903, 65904.) To do so, however, they must take action. If no action is taken within the period of time specified in the ordinance, the decision of the planning commission becomes final.
One reason the State Commission was given plenary power of review is that it must consider the state-wide aspects of the permit.
Appellant’s contention is in direct conflict with the proposal submitted to the electorate. The argument in the “Detailed Analysis by the Legislative Counsel” which was submitted to the voters in November 1972 contained the following pertinent paragraph;
“4. Beginning February 1, 1973, require a permit from a regional commission for any proposed development (with specified exemptions) within the ‘permit area,’ defined, generally, as that portion of the coastal zone lying between the seaward limit of the jurisdiction of the state and 1,000 yards landward from the mean high tide line, subject to various exceptions. Provision is made for appeals to the state commission and to the courts.” (Italics added.)
An example of this standard approach in a charter jurisdiction is found in Lindell Co. v. Board of Permit Appeals, 23 Cal.2d 303 [144 P.2d 4], There a writ of mandate was sought to compel the San Francisco Board of Permit Appeals to rescind its action overruling the issuance of building permits to the petitioner and to reinstate the permit and to affirm the action of the central permit bureau in granting them. The ordinance defining the authority of board of permit appeals provided as follows:
“ ‘Any applicant for a permit... or any person who deems that his interest or property or that the general public interest will be adversely affected as the result of operations authorized by or under any permit or license granted or issued by any department, may appeal to the board of permit appeals. Such board shall hear the applicant, the permit-holder, or other interested parties, as well as the head or representative of the department issuing or refusing to issue such license or permit,... After such hearing and such further investigation as the board may deem necessary, it may concur in the action of the department authorized to issue such license or permit, or, by the vote of four members, may overrule the action of such department and order that the permit or license be granted, restored or refused.’ ” (23 Cal.2d at p. 313.)
The Supreme Court in Lindel! upheld the action of the board of permit appeals and denied the writ.
It is noted that the Attorney General did not even mention TRPA even though it was decided prior to the filing of the appellant’s reply brief.
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CASELAW
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Dichopogon
Dichopogon is a genus of perennial herbs, native to Australia and New Guinea. It is included in the genus Arthropodium by some authorities, although recognized as a distinct genus by others. In the APG III classification system, it is placed in the family Asparagaceae, subfamily Lomandroideae (formerly the family Laxmanniaceae).
The name is derived from the Greek words δίχα (dicha, "duplicate") and πώγων (pogon, "barb").
* Species
* Dichopogon capillipes (Endl.) Brittan - Western Australia
* Dichopogon fimbriatus (R.Br.) J.F.Macbr. = Arthropodium fimbriatum R.Br. - New South Wales, South Australia, Victoria, Western Australia
* Dichopogon preissii (Endl.) Brittan - Western Australia
* Dichopogon strictus (R.Br.) Baker = Arthropodium strictum R.Br. New Guinea, New South Wales, South Australia, Victoria
* Dichopogon tyleri Brittan - Western Australia
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WIKI
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Manuel A. BARALT, Lizette Pena-Aviles, and their marital partnership, Juan Gonzalez-Perez, Monserrate Canabal-Duran, and their marital partnership, Plaintiffs v. NATIONWIDE MUTUAL INSURANCE, CO., Nationwide Mutual Fire Insurance Co., Nationwide Life Insurance Co., Nationwide General Insurance Co., Nationwide Property and Casualty Insurance Co., Nationwide Group of Companies., and William P. De-Meno, Defendants
No. 95-2421 (PG).
United States District Court, D. Puerto Rico.
Feb. 23, 2000.
James D. Noel-High, McConnell Valdes, San Juan, PR, for plaintiffs.
Arturo Diaz-Angueira, Cancio, Nadal, Rivera & Diaz, San Juan, PR, for defendants.
OPINION & ORDER
PEREZ-GIMENEZ, District Judge.
After a five day trial, the jury found that Defendants Nationwide Insurance Co., Nationwide Mutual Fire, Insurance Co., Nationwide Life Insurance Co., Nationwide General Insurance Co., Nationwide Property and Casualty Insurance Co., Nationwide Group of Companies., and William P. De-Meno (“Nationwide”) discharged both Manuel A. Baralt and Juan González Pérez in violation of both the Age Discrimination in Employment Act (“ADEA”) of 1967, 29 U.S.C. § 621, et seq., and Act No. 100, P.R. Laws Ann. tit. 29, § 146, et seq. The jury also determined that Nationwide discharged Baralt and González without just cause and in violation of Act No. 80, P.R. Laws Ann. tit. 29, § 185a, et seq., awarded Plaintiffs Manuel A. Baralt, his wife Liz-ette Peña Avilés, Juan González Pérez, and his wife Monserrate Canabal Durán a total of $ 4,400,000.0o.
Defendants made several motions for judgment as a matter of law, one at the close of Plaintiffs’ case and again at the close of evidence, which the Court took under advisement. After the jury verdict, Defendants also made a motion for directed verdict, which the Court denied. Defendants now renew their motion for judgment as a matter of law. Plaintiffs filed a motion in opposition to Defendants’ Motion Requesting Judgment Notwithstanding the Verdict, or in the Aternative, Remitti-tur of the Damage and Back Pay Awards or the Celebration of a New Trial.
The Court also has in front of it motions by Plaintiffs for Attorney’s Fees (Dkt.55), for Double Indemnity under Act No. 100 (Dkt.56) and for Prejudgment Interest (Dkt.67). Defendants responded to Plaintiffs’ motions in several motions of their own. (Dkts. 66 & 76)
FACTS
The evidence, seen in the light most favorable to Plaintiffs, is as follows: Juan González Pérez (“González”) worked for Nationwide for over 28 years. Manuel Baralt worked for Nationwide for over 24 years. Nationwide fired Baralt on April 28, 1994 and fired González on May 10, 1994. Each was replaced by a younger employee. Each was escorted out of the Nationwide premises through the back door by security personnel.
Nationwide presented four reasons why González and Baralt were fired, and why age was not a factor. Nationwide first alleged that each knew of Mr. Enrique Lopez’ son’s use of a pool car. Both employees admitted such, as did virtually every other employee Nationwide interviewed. It was no secret.
Second, Nationwide alleged that Baralt and González were involved in “irregularities” surrounding a salvage car-a British Sterling. Again, the misuse was performed by Enrique Lopez and again, many employees knew of the car and its situation. González merely drove the car from Lopez’ home in Dorado back to Nationwide during business hours. Baralt knew of the ear and its whereabouts. Beyond this, it is unclear what Nationwide is alleging he did wrong.
Third, Nationwide discovered an insurance policy issued to Lopez’ family for a Plymouth Sundance. The car was purchased in Cincinnati, Ohio. Lopez called González to tell him to fill out an application for him on the car. Lopez told Gonzá-lez he was bringing the car to Puerto Rico and wanted it insured there. The application listed the principal driver as Lopez’ wife, when in fact it was his son. The car also remained in Ohio. Several employees saw and worked on the policy besides Gon-zález and ultimately it was not González’ decision whether to issue the policy. After González and Baralt were fired, the policy was renewed by Nationwide.
Fourth, Nationwide alleged that both González and Baralt interfered with an investigation by a Nationwide investigator and intimidated several employees. Additionally, Nationwide alleged that Baralt and González breached an unwritten confidentiality understanding. The jury disbelieved Nationwide’s allegations, and the Court cannot substitute its judgment for that of a jury’s when, as here, the jury’s finding is amply supported by facts.
FED. R. CIV. P. 50-JUDGMENT AS A MATTER OF LAW
I. STANDARD
Before the Court is Defendants’ Renewal of Motion for Judgment as a Matter of Law under Fed. R. Crv. P. 50(b). Rule 50(b) provides that a Rule 59 motion for a new trial may be joined with or in the alternative to the Renewal. The Court has the discretion to “allow the judgment to stand or may reopen the judgment and either order a new trial or direct the entry of judgment as a matter of law.” Fed. R. Civ. P. 50(b). Rule 50 only applies in cases tried to a jury with the power to return a binding verdict. See 9A ChaRles Alan WRIGHT & Arthur R. Miller, Federal Practice and Procedure § 2523 n. 1 (2d ed.1994) (citing Schlitt v. Florida, 749 F.2d 1482 (11th Cir.1985)).
Whether the evidence presented at trial will permit the Court to enter judgment as a matter of law is solely a question of law for the Court and the party seeking to overturn a jury verdict faces an uphill battle. See Haschmann v. Time Warner Entertainment Co. L.P., 151 F.3d 591, 599 (7th Cir.1998). See also Yesudian v. How ard Univ., 153 F.3d 731 (D.C.Cir.1998). The Court will not overturn the jury’s verdict so long as there is evidence upon which the jury properly could find a verdict for that party. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). “A trial judge may not upset the jury’s verdict merely because he or she would have decided the case differently,” Coastal Fuels of P.R. v. Caribbean Petroleum, 79 F.3d 182, 201 (1st Cir.1996), cert. denied, 519 U.S. 927, 117 S.Ct. 294, 136 L.Ed.2d 214 (1996) (quoting Velazquez v. Figueroa-Gomez, 996 F.2d 425, 427 (1st Cir.1993), cert. denied, 510 U.S. 993, 114 S.Ct. 553, 126 L.Ed.2d 454 (1993)), for it is not what the judge believes but rather what the jury “could have found.” Ramos v. Davis & Geck, Inc., 167 F.3d 727, 734 (1st Cir.1999). In its review, the Court must view the evidence in the light most favorable to the non-moving party. See Galloway v. United States, 319 U.S. 372, 63 S.Ct. 1077, 87 L.Ed. 1458 (1943); Cardona Jimenez v. Bancomercio de Puerto Rico, 174 F.3d 36, 40 (1st Cir.1999); Ramos v. Davis & Geck, Inc., 167 F.3d at 731.
A “non-moving party must submit more than a mere scintilla of evidence as to an issue on which it bears the ultimate burden of persuasion in order to resist or reverse the entry of judgment as a matter of law on that issue. See Coyante v. Puerto Rico Ports Auth., 105 F.3d 17, 21 (1st Cir. 1997).” Alvarez-Fonseca v. Pepsi Cola of P.R., 152 F.3d 17, 24 (1st Cir.1998), cert. denied, — U.S.-, 119 S.Ct. 1778, 143 L.Ed.2d 806 (1999). On the other hand, a “plaintiff need not and ‘should not be required to produce “smoking-gun” evidence before prevailing in a discrimination suit. There are many veins of circumstantial evidence that may be mined by a plaintiff to this end .... ’ Mesnick v. General Elec. Co., 950 F.2d 816, 825 (1st Cir.1991)[, cert. denied, 504 U.S. 985, 112 S.Ct. 2965, 119 L.Ed.2d 586 (1992)].” Speen v. Crown Clothing Corp., 102 F.3d 625, 635 (1st Cir. 1996), cert. denied, 520 U.S. 1276, 117 S.Ct. 2457, 138 L.Ed.2d 214 (1997). A fundamental principle to be followed is that there must be a minimum of judicial interference with the jury. 9A Chakles Alan WRIght & Arthur R. Miller, Federal PraCtice And Procedure § 2524 n. 14.
II. ADEA CLAIM
The ADEA prohibits an employer from discharging an employee because of his age. In a wrongful discharge case, such as this, the plaintiff bears the ultimate burden of proving that he would not have been fired but for his age. See Cardona Jimenez v. Bancomercio de P.R., 174 F.3d at 40 (citing Serrano-Cruz v. DFI P.R. Inc., 109 F.3d 23, 25 (1st Cir.1997)). Without direct evidence of discriminatory animus, the McDonnell Douglas burden-shifting sequence controls. See McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973); Cardona Jimenez v. Bancomercio de P.R., 174 F.3d at 40-41; Alvarez-Fonseca v. Pepsi Cola of P.R., 152 F.3d at 24.
McDonnell Douglas directs the Court to follow a three step sequence for age discrimination cases. First, the plaintiff must present a prima facie age discrimination case. This modest burden requires a showing by the plaintiff that (1) he was a member of a protected age group, i.e., he is 40 years old or older; (2) he was performing his job adequately; (3) he was fired; and (4) the employer had a continuing need for the same services, and/or he was replaced by a person with the same or similar qualifications as the plaintiff. See Cardona Jimenez v. Bancomercio de P.R., 174 F.3d at 41. Once a plaintiff meets this burden, a presumption of discrimination attaches. See Id. The employer then must articulate a “legitimate, nondiscriminatory reason” for firing the employee. Id. If the employer sets forth a legitimate, nondiscriminatory reason the presumption of discrimination vanishes and the employee must prove that the reason is a sham and that the real reason for the firing is age. See Id. The burden of persuasion remains with the employee at all times. See Id.
Defendants concede that Plaintiffs proved their prima facie case. Defendants presented its alleged non-diserimina-tory reasons for the dismissals of Baralt and González, in an attempt to satisfy phase two of the McDonnell Douglas sequence. Plaintiffs tried next to prove, and the jury believed, that Defendants alleged dismissal reasons were a sham. Looking at the facts in a light most favorable to Plaintiffs, the Court thus accepts the following to be true: (1) Plaintiffs made out a prima facie case; (2) Defendants presented its reasons for the dismissals; and (3) the reasons were a sham or not valid.
Defendants incorrectly state that a defendant need not have a legitimate reason for termination; “they don’t have to be valid reasons, they just have to be nondiscriminatory reasons.” Tr. at 305. Defendants cannot fire an employee and go back and create a non-discriminatory reason to justify its actions. Worse yet, a defendant may not plan in advance to fire an employee while all the while dismissing him due to age. The key component is that an employer fired an employee due to age, but the reason articulated must be legitimate. The jury was entitled to find that Defendants’ reasons were not valid or not legitimate.
If Defendants’ reasons are legitimate or valid, the remaining issue under the McDonnell Douglas sequence is whether Plaintiffs provided enough evidence for the jury to find that age was the real reason why Nationwide fired Baralt and González. Baralt and González were allegedly fired because of “irregularities.” But these “irregularities” were caused by Enrique Lopez, the boss of both Baralt and González (as well as the other three cabinet members Blanca Robles, Rafael Gonzalez and Luis Flores Diepa). Defendants’ own witness, a former cabinet member, testified that any adverse action against Lopez could cost a board member his or her job:
Q: So at no point did you personally inform [sic] anyone in Columbus, Ohio that Mr. Lopez was acting improperly by keeping in his house a salvage car?
A: Neither [sic] by me or any of the other cabinet members of the cabinet because it would [sic] have adversely affected our jobs.
Tr. at 335. The cabinet members followed the orders of their boss, Mr. Enrique Lopez, and simply had no authority to contradict Mr. Lopez’ instructions. Tr. at 339. Nationwide attempted to pass Lopez’ wrongdoing on to Baralt and González. The cabinet members all acting similarly and were treated differently. The jury performed their duty as fact finders and disbelieved the Defendants proffered reasons.
If the jury rejects the employers’ reasons for dismissal as a pretext for age discrimination, the Court is not free to resurrect those same reasons for other purposes. See Lindsey v. American Cast Iron Pipe Co., 810 F.2d 1094, 1098 (11th Cir.1987). Furthermore, the same witness for Defendants testified that Nationwide had a national retirement plan to cut payroll throughout the entire country. See Dkt. 80, at 16; Tr. at 326-27.
Q: Isn’t it a fact that the national retirement plan [of Nationwide] became a complement of Nationwide’s efforts to cut the payroll in t[he] Puerto Rico operation?
A: I would say no bec[aus]e this retirement plan was implemented throughout the nation.
Tr. at 326-27. The jury could have found that Nationwide had a retirement plan to cut payroll implemented throughout the nation; Nationwide headquarters fired Baralt and González without valid reasons; and that retirement plan was implemented to help or force older employees to retire.
“The jury heard both sides and the jury spoke. That is all there is to say about age discrimination liability in this case. There were clearly two sides to this case. The jury believed [Baralt and González] and [their] evidence; it did not believe [Nationwide].” Wilson v. Monarch Paper Co., 939 F.2d 1138, 1146 (5th Cir.1991).
An employee fired in violation of ADEA is entitled to back pay he or she would have earned from the date of the wrongful discharge until trial, less any severance amounts and mitigation. See, e.g., Buchholz v. Symons Mfg. Co., 445 F.Supp. 706 (E.D.Wis.1978). The duty to mitigate means an employee must, with reasonable diligence, attempt to secure a comparable position. See id. Although some courts have allowed compensatory damages under ADEA, see id., the general rule is they are not awarded without a finding of “willfulness” on the part of an employer. The Court expressly ruled that no willfulness was present in this case.
The jury awarded Baralt and González $900,000.00 as back pay under ADEA, a sum the Court affirms at this time. Therefore, for the reasons stated above, Defendants motion for judgment as a matter of law is DENIED and Plaintiffs’ award for back pay under ADEA is upheld.
III. ACT NO. 100 CLAIM
There are significant differences in the burden of proof requirements under the ADEA and Act No. 100. As stated above, under the ADEA the plaintiff bears the ultimate burden of proving that he would not have been fired but for his age. See Cardona Jimenez v. Bancomercio de P.R., 174 F.3d at 40 (citing Serrano-Cruz v. DFI P.R. Inc., 109 F.3d at 25.) McDonnell Douglas shifts only the burden of production once a plaintiff establishes a prima facie case. Once the defendant produces a legitimate, nondiscriminatory reason the burden shifts back to the plaintiff. The burden of persuasion remains with the plaintiff at all times under the ADEA.
The sequence under Act No. 100 differs in a slight, yet important, fashion. “Under Act No. 100 ... once the employee triggers the [Act No. 100]’s protections by showing that his discharge ... was not justified, the employee enjoys a presumption that he or she has been the victim of discrimination and the burdens of both production and persuasion shift to the employer.” Ramos v. Davis & Geek, Inc., 167 F.3d at 734 (citing Alvarez-Fonseca v. Pepsi Cola of P.R., 152 F.3d at 27, in turn citing Ibanez Benitez v. Molinos de P.R., 114 P.R. Off. Trans. 58 (1983)). Act No. 100 is thus friendlier to plaintiffs than the ADEA and an employer under Act No. 100 must prove by a preponderance of the evidence, that the discharge was not motivated by a “discriminatory age animus.” Ramos v. Davis & Geek, Inc., 167 F.3d at 734; Alvarez-Fonseca v. Pepsi Cola of P.R., 152 F.3d at 27.
The same facts may support a finding under both Act No. 100 and the ADEA. The jury found Defendants violated Act No. 100 and awarded them $2,500,-00.00 in compensatory damages. For the reasons stated above, Defendants motion for judgment as a matter of law is DENIED and the jury’s award of $2,500,-000.00 is upheld.
IV. ACT NO. 80 CLAIM
“There is no question that Act No. 80[, 29 L.P.R.A. § 185a,] is the exclusive remedy for wrongful discharge in Puerto Rico.” Weatherly v. International Paper Co., 648 F.Supp. 872, 875 (D.P.R.1986). See also Prudential-Bache Secs., Inc. v. Tanner, 72 F.3d 234, 239 (1st Cir.1995); Vargas, et al. v. Royal Bank of Canada, et al, 604 F.Supp. 1036, 1039 (D.P.R.1985). Act No. 80 is a remedial statute that mandates payment to an employee when that employee is wrongfully discharged. See L.P.R.A. § 185a. Act No. 80 provides in part:
Every employee in commerce, industry or any other business or place of employment designated hereinafter as the establishment, in which he works for compensation of any kind, under contract without a fixed time, who is discharged from his employment without good cause shall be entitled to receive from his employer, in addition to the salary he may have earned:
(a) the salary corresponding to one month as indemnity;
(b) an additional progressive indemnity equivalent to one week for each year of service.
29 L.P.R.A. § 185a.
In enacting Act No. 80, the “legislature sought to strike a balance between the freedom of choice inherent to an employer and the social need to do away with arbitrary terminations of employment.” Vargas, 604 F.Supp. at 1039 (citing Secretario Del Trabajo v. I.T.T., 108 D.P.R. 536, 540-41, 1979 WL 59121 (1979), citing in turn a report prepared by the Civil Rights Commission, August of 1959). Act No. 80 provides for dismissal compensation for employees-at-will fired without “just cause.”
Dismissal compensation is an important event of social justice due to man as a factor of production, insofar as he, as a worker, is a minor participant of the fruits of the enterprise, and is not entitled to the liquidation of dividends, benefits, or accrued interests in the worthy task of earning, with his effort, the daily bread he shares with his family and for whom the act of saving is a mere dream devoured by privation. When unemployment dooms a human being and his family to hunger or to indignity, we must be very demanding before depriving him of the protection he has gained through our social legislation. Only a very serious offense would justify the suspension of modest relief directed to support a family in the transition to a new job without becoming a burden for the State. There must be a very clear justification to dismiss him from his job without giving this minimal payment for his years of service which represent his only asset to the structure of production: his energy, his intellectual and physical capacity during his most fruitful years, in short, his health which time deteriorates.
Secretario Del Trabajo v. I.T.T., 8 P.R. Off. Trans, at 573-74.
“ Absent an express contract to the contrary, an employee hired for an indefinite term is terminable at the will of the employer without notice.’ ” Hopgood, et al. v. Merrill Lynch, Pierce, Fenner & Smith, et al., 839 F.Supp. 98, 109-110 (D.P.R.1993), aff'd, 36 F.3d 1089 (1st Cir. 1994) (quoting Weatherly v. International Paper Co., 648 F.Supp. at 875). Puerto Rico courts have not recognized a right for at-will employees to sue for wrongful discharge outside of the remedies given under Act No. 80 for discharge without cause. See Hopgood, 839 F.Supp. at 109-110; Alvarado Morales v. Digital Equipment Corp., 669 F.Supp. 1173, 1184 (D.P.R.1987), aff'd, 843 F.2d 613 (1st Cir. 1988). Because Baralt and González were at-will employees, any claim for wrongful discharge (excluding age discrimination, etc.) is covered under Act No. 80, the exclusive remedy under Puerto Rico law. Id. at 1183-84.
Section 185b defines “just cause” as:
(a) That the worker indulges in a pattern of improper or disorderly conduct.
(b) The attitude of the employee of not performing his work in an efficient manner; or of doing it belatedly and negligently or in violation of the standards of quality of the product produced or handled by the establishment.
(c) The employee’s repeated violations of the reasonable rules and regulations established for the operation of the establishment, provided a written copy thereof has been opportunely furnished to the employee.
(d) Full, temporary or partial closing of the operations of the establishment.
(e) Technological or reorganization changes as well as changes of style, design or the nature of the product made or handled by the establishment, and changes in the services rendered to the public.
(f) Reduction in employment made necessary by a reduction in the anticipated or prevailing volume of production, sales or profits at the time of the discharge.
29 L.P.R.A. § 185b. However, § 185b advises that a “discharge made by the mere whim of an employer or without cause relative to the proper and normal operation of the establishment shall not be considered as a discharge for good cause.” Id.
Whether Baralt and González were fired over single incidents or patterns of behavior shapes the Court’s decision-making process. As the terms “pattern,” “performing,” and “repeated” infer, Act No. 80 does not encourage dismissal as the penalty for a first offense. See Secretario Del Trabajo, 8 P.R. Off. Trans. 568, 542-43 (1979). However, “dismissal for the first or single offense, when the intensity of the offense requires it in order to protect the good operation of the enterprise and the safety of its employees,” is not out of the question. Id. See also Vargas, 604 F.Supp. at 1040. The Supreme Court of Puerto Rico has also held that the incompetence and failure of a supervisor to control situations in the workplace can rise to the level of “just cause.” Narvaez v. The Chase Manhattan Bank, 120 D.P.R. 731 (1988).
Here, the jury found for Plaintiffs under Act No. 80. As discussed above, the jury had the responsibility to weigh and judge the evidence and it is not for this Court to re-weigh or re-judge these issues unless the jury was biased or other impediments occurred to have prevented a fair, impartial trial. Because the trial was fair, and no showing of any bias was presented by Defendants, and for the reasons stated above, Defendants motion for judgment as a matter of law is DENIED.
FED. R. CIV. P. 59 REMITTITUR
The Court has the discretion to order a new trial or a new trial limited to the issue of damages if it finds the jury award excessive. See FED. R. CIV. P. 59. However, the Court is not free to set aside the jury’s verdict merely because it might have awarded a different amount of damages:
the Court has considered that although the question of excessiveness of a jury award falls squarely within the discretionary powers of this Court, the Court cannot arbitrarily substitute its judgment for that of the jury. Bryant v. Mathis, [] 278 F.2d 19 [(D.C.Cir.1960)]. More so, when as here, the amount awarded includes unspecified compensation for pain and suffering. Rivera v. Rederi A/B Nordstjernan, 456 F.2d 970 (1st Cir.1972)[, cert. denied, 409 U.S. 876, 93 S.Ct. 124, 34 L.Ed.2d 128 (1972) ]. Where damages are unliqui-dated and there can be no fixed measure of mathematical certainty, this Court would be reluctant to overturn a jury award even if it would have awarded less had the case been tried without a jury. Werthan Bag Corp. v. Agnew, 202 F.2d 119 (6th Cir.1953); Devlin v. Safeway Stores, Inc., 235 F.Supp. 882 (D.C.N.Y.1964).
The profound insight and discernment generally displayed by jurors as to the proper measure of damages for personal injuries cannot be treated lightly. Absent a showing that the jury was improperly motivated by passion, prejudice or sympathy, or a showing that the jury’s award was so grossly excessive and unreasonable so as to “shock the conscience,” the assessment of damages made by a jury cannot be substituted by the Court.
See Cabassa v. American Union Transp., 58 F.R.D. 200, 204 (D.P.R.1972) (Toledo, J.). In the event the Court’s conscience is “shocked,” the Court may reduce the award to the highest amount the jury might have awarded. See Conjugal Partnership v. Conjugal Partnership, 798 F.Supp. 892 (D.P.R.1992), aff'd by Jones & Jones v. Pineda & Pineda, 22 F.3d 391 (1st Cir.1994).
Here, there can be no such stupefaction as to the awards for Baralt and González; there was ample evidence from which the jury could find damages in the stated amounts. However, the Court agrees with the Defendants that Plaintiffs Peña and Canabal’s awards are grossly exaggerated given the lack of evidence introduced at trial. After a thorough review of the record, the Court reduces Plaintiffs Peña and Canabal’s awards to $100,000.00 each under Rule 59. Defendants’ motion for a new trial is likewise DENIED.
ATTORNEY’S FEES & DOUBLE INDEMNITY UNDER ACT NO. 100
I. ATTORNEY’S FEES
Plaintiffs requested attorney’s fees be awarded them under Act No. 100. (Dkt.55) Both Act No. 100 and ADEA allow a prevailing plaintiff to recover attorney’s fees. Plaintiffs are a prevailing party in this ease. See Farrar v. Hobby, 506 U.S. 103, 113 S.Ct. 566, 121 L.Ed.2d 494 (1992). Plaintiffs have the burden of “establishing an accurate and reliable basis for an award of attorney’s fees, Hensley v. Eckerhart, 461 U.S. 424, 437, 103 S.Ct. 1933, 76 L.Ed.2d 40[] (1983), and [] the district court has wide discretion in making a fee award determination.” Philipp v. ANR Freight Sys., Inc., 61 F.3d 669, 675 (8th Cir.1995), reh’g en banc denied, 1995 U.S.App. LEXIS 28274 (8th Cir. Oct. 11, 1995).
The Supreme Court of Puerto Rico has determined that “ordinarily, the amount that the attorney of a prevailing worker may receive under an Act No. 100 claim shall be twenty-five (25%) of the base compensation awarded to the worker.” Lopez-Vicil v. ITT Intermedia, Inc., 97 J.T.S. 104, 1250, 1254 (1997). “In other words, the reward is 25% of the compensatory damages award before the award is doubled.” Ramos, et al. v. Davis & Geck, et al., 976 F.Supp. 108, 109 (D.P.R.1997), aff'd by 167 F.3d 727 (1st Cir.1999) (citing Lopez Vicil v. ITT Intermedia. Inc., 97 J.T.S. 104, at 1250 (June 26, 1997)). On the other hand, the1 Lodestar method in determining attorney’s fees in generally used under ADEA.
Beyond acknowledging that Plaintiffs are entitled to attorney’s fees in this case, the Court will refrain from deciding the exact amount due to them until after Plaintiffs have turned in clear, accurate and reliable records. At that time the Court may award attorney’s fees based upon Act No. 100’s 25% suggestion, ADEA’s lodestar method, or a combination of the two.
II. DOUBLE INDEMNITY
Plaintiffs also requested the grant of double damages under Act No. 100. See 29 L.P.R.A. § 146(a); (Dkt.56); Sanchez v. Puerto Rico Oil Co., 37 F.3d 712, 724-25 (1st Cir.1994). As the doubling of the award is punitive in nature, it has been held that there is no conflict in doubling the award. See Sanchez, 37 F.3d at 725. The doubling of base compensatory damages under Act No. 100 is not discretionary. Therefore, the Court orders the base compensatory damages under Act No. 100 be doubled. As such, Plaintiff Baralt is entitled to $2,000,000.00 under Act No. 100 and $500,000.00 back-pay under ADEA. Plaintiff González is entitled to $2,500,-000.00 under Act No. 100, as well as $400,-000.00 back pay award under ADEA.
PREJUDGMENT INTEREST
Plaintiffs have requested an award of prejudgment interest. An award of prejudgment interest is within the discretion of the court. See de Leon Lopez v. Corporacion Insular de Seguros, et al., 742 F.Supp. 44, 48 (D.P.R.1990), aff'd, 931 F.2d 116 (1st Cir.1991). See also Newell Puerto Rico, Ltd. v. Rubbermaid Inc., 20 F.3d 15 (1st Cir.1994); Philipp v. ANR Freight Sys., Inc., 61 F.3d at 675-76. Puerto Rico Rule of Civil Procedure 44.3(b) allows for prejudgment interest if a defendant acts rashly, more commonly referred to as obstinate, during the litigation. See Ramos v. Davis & Geck, 167 F.3d at 734 (citing Dopp v. Pritzker, 38 F.3d 1239, 1252 (1st Cir.1994), in turn citing De Leon Lopez v. Corporacion Insular de Seguros, 931 F.2d 116, 126-27 (1st Cir.1991)). In the case of damage awards, a plaintiff is entitled to legal interest on the sum awarded from the date of filing of the complaint through that of the judgment. See P.R.R. Civ. P. 44.3(b).
The Court does not believe that Defendants acting obstinately during trial. At the end of trial the Court congratulated each side for a well-tried case. See Ramos v. Davis & Geck, 167 F.3d at 734. Moreover, at the close of Plaintiffs’ case-in-chief, Plaintiffs abandoned their libel and slander claim. If Plaintiffs had not abandoned the claim, the Court would have, for Plaintiffs introduced no evidence on the subject. The Court declines the invitation by Plaintiff Pot to call Defendant Kettle black and denies Plaintiffs’ request for prejudgment interest.
CONCLUSION
For the reasons stated above, Defendants motion for judgment as a matter of law is DENIED. Furthermore:
(1) The Court upholds the jury’s award of $900,000.00 for back-pay under ADEA.
(2) The Court upholds the $2,500,000.00 award under Act No. 100.
(3) Pursuant to Act No. 100 claim, the compensatory damages award is hereby doubled to $5,000,000.00.
(4) The Court reduces Plaintiff Lizette Peña-Avilés’ and Plaintiff Monser-rate Canabal-Durán’s awards to $100,000.00.
(5) The jury’s verdict regarding Act No. 80 is upheld.
(6) Defendants’ request for a new trial is DENIED.
(7) Plaintiffs’ motion for prejudgment interest is DENIED.
The Court will reserve judgment on the amount of an attorney’s fees award pending the introduction of Plaintiffs of accurate and reliable information regarding that subject.
IT IS SO ORDERED.
. The jury awarded $1,500,000.00 to Gonzá-lez for compensatory damages and $400,-000.00 to him in back pay. The jury also awarded González1 wife, Monserrate Canabal Durán $500,000.00 in compensatory damages. Baralt was awarded $1,000,000.00 for compensatory damages by the jury as well as $500,000.00 for back pay. Baralt’s wife, Liz-ette Peña Aviles was awarded $500,000.00 in compensatory damages.
. Defendants have made a renewed motion for judgment as a matter of law. While the title judgment notwithstanding the verdict, or its Latin abbreviation, JNOV, standing short for judgment non obstante veredicto, is no longer used in F.R. Civ. P. 50, Courts are to consider such a mistake as "merely formal.” Lopez was the boss of González and Baralt. He ordered that his son be permitted to take the pool car home each night to prevent its theft or damage. The practice stopped when a fence was completed around Nationwide's property.
. If knowledge were enough for dismissal, why were some employees spared while others dismissed. Such behavior is questionable. Nationwide implies, without coming out and explicitly saying it, that González and Baralt’s inaction is actionable. But this places the employee between a rock and a hard place; rat on your boss and risk being fired, say nothing and risk being fired. The jury was charged with drawing this line and the Court can see no reason to redraw it.
. Although the jury instructions were far from clear on damages, the it is a legal impossibility to give compensatory damages under the ADEA. Compensatory damages are only available under Act No. 100 in this case.
. There can be no award under both Act No. 100 and Act No. 80 if the Act No. 100 award exceeds the Act No. 80 award. In that case, the latter is excluded by the former.
. In computing attorney's fees, the Court may consider: (1) the time and labor required, (2) the novelty and difficulty of questions, (3) the skill required to perform the legal services properly, (4) the preclusion of other employment by the attorney because of his acceptance of the case, (5) the customary fee, (6) whether the fee is fixed or contingent, (7) any time limitations imposed by the client or circumstances, (8) the amounts involved and the ■results obtained, (9) the experience, reputation and ability of the attorneys, (10) the “undesirability” of the case, (11) the nature and length of the professional relationship with the client, and (12) the awards in other similar cases. Of course, this list not exclusive.
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CASELAW
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User:AP295
Live free or die.
My Essays. Each is a work in progress, but all feedback is welcome. I had labeled two or three of them "complete", but I would not consider any of them to be truly "finished". Instead, I've just moved the very rough ones to userspace.
* A compendium of doublespeak, stock phrases, non-answers and excuses
* Socialism/A Doylist Perspective on National Debt
* User:AP295/drafts/An Essay on Civilian Firearm Ownership
* Policy and Standards for Critical Discourse
* Propaganda Laundering
* Ritual and the Subversion of Choice
* Should the public be forced to take vaccines?
* User:AP295/drafts/Bipartisan fraud
* The Derelict Mass Media of America
* The Parody of Debate
* The Parody of Discourse
An RfC I started on metawiki. As you can plainly see, all of my replies are relevant and appropriate, yet I was indefinitely blocked for replying to others.
The subjects these essays address are important and frequently misrepresented or distorted by mass media. Most of them concern mass media and government. They may seem polemical, but the general argument I'm making here is a morally serious one. I invite you to consider which principles a free nation must prioritize and defend when necessary, to consider what sort of society we want for ourselves. Do we value liberty, self-respect and common decency, or are we content to tolerate an unaccountable "leadership" and debauched culture? Eventually I intend most of the above to be part of a single page in mainspace, perhaps entitled doylist essays or something to that effect. I'd also like to make a college-level course on linear algebra, mathematical logic, or functional programming after I'm done writing these critical essays and polemics. I invite you to read them and also to offer any comments, questions, concerns and critique you may have on the discussion pages.
Below are some notes and ideas for essays and other work. If and when they become sufficiently developed, I will move them out of userspace and into a resource. I've always thought it would be good to have a co-author, so have a look and let me know on my talk page if you're interested.
Notes, ideas, and very rough drafts
E Prime looks very interesting. I may translate some of my essays, though not fully. With E-prime one would think more about verbs and probably use the passive voice less, but it seems silly not to use "is" in some instances, such as when one defines something. Making an effort to use the active voice and choose more specific verbs seems to improve my writing and thinking. I've started to make a serious effort toward breaking these habits and I'm certain that it will begin to feel more natural if I persist. I'll probably at some point write an article on the language problem itself, which I have wanted to do for a long time but felt I didn't have a sufficiently firm understanding of the problem. Many of my essays touch upon different aspects of this and it would be better to have one single essay that covers this properly, which I can then reference. AP295 (discuss • contribs) 23:26, 25 May 2024 (UTC) Some notes: Rather than avoiding "to be" and its various forms altogether, I try to reserve them. (I had to consciously stop myself from writing "to be reserved in using them"). For instance (and I mentioned this earlier on some or other talk page, I think during a conversation with DP) in the example on Wikipedia's page comparing "The cat is Garfield":"I call my cat Garfield", neither really seem appropriate. Here I would say "The cat's name is Garfield", because one has the prerogative to name their own cat. By and large, however, "to be" and its variants are grossly overused in the media the media grossly overuse "to be" and its variants and thus impress this habit upon the public. It takes some effort to break the habit, I find. I only know English, and I often wonder whether this issue appears in other languages. I suspect that someone my age or younger would not easily avoid this habit unless they were conscious of it, yet anyone could do so if they made an effort. At least some of the bad habits Orwell points out in his excellent essay "Politics and the English Language" depend upon this overuse of "to be" (and variants). He does advise the reader to prefer the active voice (all of his recommendations are good), and he also notices the concerning reduction in the range of verbs, but seems to miss that much of this depends upon the abuse or overuse of "to be" forms. At some point I shall try to refactor the above essays and eliminate "to be" forms where appropriate. It has greater significance than I realized. Most of my essays use "to be" forms rather extensively and it will require work to fix them. AP295 (discuss • contribs) 20:01, 29 May 2024 (UTC)
I'm generally rather critical of political media that does not put some emphasis on actionable goals. I have not formally studied propaganda or rhetoric so take this paragraph for what it's worth and well salted. I believe one feature of "propaganda" is the degree to which it motivates the subject to socially organize or at least take some action. In other words, you could divide propaganda into "agitprop" and "filler". The former is propaganda as most people think of it. It could be entirely honest or it could be dishonest, but the point is that encourages people to take direct action. On the other hand, the latter exists to do just the opposite; to discourage any sense of necessity or obligation on the subject's part or to limit that perception. The latter probably accounts for most political propaganda in the USA today. By nature and necessity, such propaganda must be somewhat abstract (if not irrelevant). I think most people could recognize that it's nonsense if they were in the habit of reasoning abstractly and applying those abstractions, rather than following instructions and taking bogus abstractions at face value. I've always thought formal logic should be part of secondary education curricula. The prussian education system teaches people to be good workers and soldiers, to accept instructions and carry them out. Public secondary and primary education gives one a very procedural way of thinking and expressing oneself; formulaic, mechanical, pavlovian, rote, whatever you want to call it. Useful abstractions are not impressed upon the student in general. Likewise, political filler is presented in the abstract. Concrete, actionable objectives are always either absent or futile. If two politicians run against each other but both are obliged to the same benefactor, then it really doesn't matter which one is elected. Each one might run on quite a different "platform" yet neither actually threaten the status quo. Of course a media network can propagandize and fearmonger against one while a second media organization favors the other. A great fuss can be made about each one's scandalous affairs or the policies they differ on, giving all the appearance of democracy and a free press. In the end, one gets elected and to some extent fulfills their promises, but obviously the purpose of this is to reduce political activism to nothing more than a futile exercise. You can see how easily filler is disguised as agitprop; the subject may be actually be encouraged or motivated to vote participate in rallies, protests, etc. It would look exactly like agitprop, but the propagandist (by which I mean the organization they act on behalf on, not just an individual) has no preference either way. To them it's all the same if you vote for candidate A, candidate B, or simply stay home. However inclined or disinclined toward activism the subject is, the propagandist intends that they get their fill but ultimately do not accomplish much. The propagandist's goal is to undermine the public interest. This is obvious when you consider that, were propagandist simply looking out for the public, they could simply appeal to the public truthfully on that basis. Rather, this is a method of deception. AP295 (discuss • contribs) 04:10, 28 May 2024 (UTC)
I assert that LISP is by far and away the most powerful, versatile, sensibly designed, simplest and most edifying type of programming language that exists or ever will exist. It has existed since the fifties. The grammar is dead simple. Processing lisp code with lisp is trivial. It has a more powerful macro system than any other language, allowing the user to extend the language however they please. LISP can represent various structures and recursive definitions in an extremely natural way. It encourages a functional approach, which is the right way to think about programming even if you go on to use some other model. It has arbitrary precision arithmetic. There's much more that I'm forgetting. Sadly I have not used it in some time. I learned scheme in a class on classical AI with an excellent professor, god rest his soul. In working on each assignment, I gradually began to realize just how natural and powerful the language was. Problems practically solved themselves. Since then I use it whenever I have the choice, which sadly isn't very often. I probably have more experience with coding python. While python's not terrible the first time I used it I thought to myself, this is just a bastardized lisp with gross, needlessly complex syntax/grammar. My initial impression remains unchanged. I will say that python has a larger collection of third-party libraries, many of which are very good. If I'm entirely honest though, the only language I really enjoy writing is lisp. Occasionally one hears or reads comments like "python doesn't get in the way" or "it just gets out of your way". I think these are fair statements, but it does say something about one's expectations when they're intended as complements. One should expect a bit more from their tools than merely not being an active nuisance or obstruction. Anyway, maybe I'll expand on this at some point, but if you want to take my word for it, give it a try. Why don't more people use lisp if it's so great? You got me, I haven't any idea. It's been around since the fifties and it's not as though people don't know about it. Apparently scheme was common in academia and computer science curricula but I doubt that anyone at my university teaches it anymore. The professor I learned it with was a genuine intellectual. Such people seem less common than perhaps they were in the past. At any rate be warned, if you learn it and end up using it for a project or two, you will be spoiled for life. Going back to something else is like owning a Ferrari yet never being allowed to drive it. I was going to include specific recommendations but I don't want it to seem too promotional, even though it's all FOSS. Just search around and you will probably find something that suits you. I ping me from your talk page if you really want a recommendation.
A perfect example of abstract sophistry can be found in this Jones' video, ostensibly a critique of "neoliberalism". . Even if much of it is true, so what? What is one supposed to do about it? Which specific institutions are to be held accountable? They even talk about some of Milton Friedman's work but fail entirely to identify monetary policy as a practical target for reform, i.e. something the public can potentially change and in doing so solve several of the problems they're bemoaning. Instead it's the usual story about -isms and -ists. That video checks every box; the words 'liberalism', 'neoliberalism', 'communism', 'capitalism', 'facism', 'totalitarianism', 'calvinism', 'feudalism', each being mentioned at least once according to the transcript. The problem here is that it does not identify any actionable objective or solution. AP295 (discuss • contribs) 05:43, 24 May 2024 (UTC)
Wikimedia syntax examples so I can remember them: Permalink: Special:Permalink/X where X is the oldid. Inter-wiki link: Title of article
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User:Hamalsudip
My contribution (I have added in brief about Nepal capacity in electricity generation) (top) Natural gas (I have added briefly the status of natural gas in Nepal) (top)
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Page:A Voyage of Discovery and Research in the Southern and Antarctic Regions Vol 1.djvu/203
] accuracy; the result has most fully justified my confident expectations. Mr. Scott, mate of the Terror, and Mr. Dayman, of the Erebus, were appointed as his assistants, and a marine from each ship completed the establishment of the observatory.
In order that a more complete comparison might be instituted between the observations at Hobart-town and those to be made in more southern stations to be visited by the Expedition, the expanded system of observation we had hitherto used was to be continued by Lieutenant Kay; but as these periods of exact comparison occurred so seldom, and seemed to me scarcely sufficient to detect many of the curious phenomena that might be expected to present themselves on more frequent comparisons of even shorter intervals, I considered it advisable to arrange that one additional hour of continued observation should be made every night; and the time selected for this purpose was that most favourable for seeing the aurora, which has been known to exercise so powerful an influence on the magnetometers, and most suited for watching its several phases. I especially directed the attention of Lieutenant Kay and his assistants, during our absence, to notice the frequency, direction, form, altitude, and all the changes in the appearance of auroræ, as they would also have formed, had we been so fortunate as to have found a place in which to pass a winter in the Antarctic regions, circumstances of corresponding and continual observation, and perhaps serve to account for many irregularities that might appear in the summer
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BRIEF-Altice FY group adjusted EBITDA 6,671 mln euros, up 17.6 pct YoY
March 15 (Reuters) - Altice NV : * FY group revenue 17,495 million euros ($19.43 billion), down 0.1 pct YoY * FY group adjusted EBITDA 6,671 million euros, up 17.6 pct YoY * FY group adjusted EBITDA margin expanded by 5.8 percentage points to 38.1 pct * For 2016 expects an improving trend in Altice Group revenue on a consolidated basis (under the current group perimeter at constant currency). * For 2016 expects mid-single digit growth in group adjusted EBITDA and operating free cash flow growth flat to slightly down reflecting accelerated investments * Overall in Q4 Altice Group added 270,000 postpaid mobile customers and 130,000 fiber broadband customers Source text for Eikon: Further company coverage: ($1 = 0.9005 euros) (Gdynia Newsroom:)
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NEWS-MULTISOURCE
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US STOCKS SNAPSHOT-Wall Street climbs as banks bounce
NEW YORK, Sept 30 (Reuters) - Wall Street rallied on Friday, lifted by a surge in Deutsche Bank shares and financial stocks after concerns eased about the health of the German bank. The Dow Jones industrial average rose 164.63 points, or 0.91 percent, to 18,308.08, the S&P 500 gained 17.09 points, or 0.79 percent, to 2,168.22 and the Nasdaq Composite added 42.85 points, or 0.81 percent, to 5,312.00. (Reporting by Chuck Mikolajczak; Editing by Nick Zieminski)
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Page:Electra of Euripides (Murray 1913).djvu/88
72 Not far now shall it be,
The sacrifice God asks of me and thee.
The bread of Death is broken, and the knife
Lifted again that drank the Wild Bull's life:
And on his breast Ha, Mother, hast slept well
Aforetime? Thou shalt lie with him in Hell.
That grace I give to cheer thee on thy road;
Give thou to me—peace from my father's blood! [She follows her mother into the house.
Lo, the returns of wrong.
The wind as a changèd thing
Whispereth overhead
Of one that of old lay dead
In the water lapping long:
My King, O my King!
A cry in the rafters then
Rang, and the marble dome:
"Mercy of God, not thou,
"Woman! To slay me now,
"After the harvests ten
"Now, at the last, come home!"
O Fate shall turn as the tide,
Turn, with a doom of tears
For the flying heart too fond;
A doom for the broken bond.
She hailed him there in his pride,
Home from the perilous years,
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Suimenkul Chokmorov
Suimenkul Chokmorov (Сүймөнкул Чокморов, Süymönqul Çoqmorov; Суйменкул Чокморов; 9 November 1939 – 26 September 1992) was a Kyrgyz film actor born in Chong-Tash village, Kirghiz SSR (now Kyrgyzstan). In 1964 he graduated from the Leningrad Academy of Arts and later taught painting and composition at the Arts School of Frunze. In 1977 he was a member of the jury at the 10th Moscow International Film Festival.
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5 Strategies for Working with High Loads in MySQL
MySQL is a proven and very powerful technology. Including for building systems with a large load. Even Facebook uses MySQL to manage huge amounts of data. Let’s consider the main strategies for building loaded systems based on MySQL.
Optimization and indexes
First of all, make sure you are using all the standard database features. Correct work with indexes will give huge performance gains. Hundreds and even thousands of times. Freeing up resources for other tasks. Today, the cost of hard drives is constantly decreasing, and speed requirements are constantly increasing.
Immediately after installing MySQL, do not forget to optimize the main parameters. The default setting is very basic and geared towards modest hardware and tight preservation requirements.
dbForge Studio for MySQL, tables
DbForge is a great service that helps you choose the right tools for MySQL and shows you how to use it. Tables are an integral part of any database. If you are a MySQL database administrator or developer, it is very important to keep a close eye on all processes and changes in all database objects. Among other commonly used commands, SHOW TABLES allows you to get all the tables at your fingertips.
Working with MySQL tables – choosing the type of tables, view table in mysql, creating, deleting, renaming, copying tables, working with table columns – all these are basic operations when working with tables. Tables greatly facilitate the work with the database.
How to populate tables in MySQL?
To add data to a database in MySQL, the INSERT command is used, which has the following formal syntax: ? After the INSERT INTO expression in parentheses, you can specify a list of columns separated by commas to which data should be added, and at the end, after the word VALUES, in parentheses, the values to be added for the columns are listed.
Caching
A very popular performance optimization technique is caching.
Replication
While replication can help handle the load, it’s best not to use it. It must be remembered that along with scaling, you will always have an issue of accessibility. If the replica that helps serve requests goes down, what happens to the system?
On the other hand, the replica just allows you to provide high availability. One approach looks like this:
Use master-slave replication for each database server.
The application always works only with the master.
If the master fails, the application switches to the slave.
At this time, we are raising a broken server and turning it into a slave
Sharding
Sharding is the principle of database scaling when data is divided across different servers.
• Vertical sharding
It should be used first. This is a simple distribution of tables across servers. For example, you put the “users” table on one server and the “orders” table on another. In this case, the groups of tables on which “Joins” are performed must be located on the same server.
• Horizontal sharding
This type of sharding should be used as the next step. At this stage, very large tables that no longer fit on one server are divided into parts and placed in different parts of them on different servers. This complicates the logic of the application, but the world has not yet come up with better scaling mechanisms.
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ESSENTIALAI-STEM
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Cameron's Books and Magazines
Cameron's Books and Magazines, or simply Cameron's, was Portland, Oregon's oldest used bookstore and one of the largest vintage magazine dealers in the United States The business opened in 1938.
Originally slated to close in November 2019, owner Crystal Zingsheim announced in April 2021 that the store was closing for good on April 24, 2021. The final day of business was April 24, 2021, as planned.
The Portland government intervened to prevent eviction of Zingsheim from the venue, which would have led to the loss of remaining unsold stock. With assistance from the local government and several local organizations, remaining stock of books and periodicals were relocated to the upper floors of the Portland Union Station, where Zingsheim set up a non-profit organization dedicated to distribution of materials to schools. The material has also provided period style and content for historical accuracy in portraying the past.
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HLA-A19
HLA-A19 (A19) is a human leukocyte antigen HLA-A serotype that may recognize the A29, A30, A31, A32, A33, and A74 serotypes. While these haplotypes are found all over the globe, their combined frequencies are higher in Sub Saharan Africa; frequencies tend to decline away from Africa.
Clinical significance
HLA-A19 has been implicated in a number of diseases, including renal cell carcinoma, Kaposi's sarcoma, vitiligo, and others; antibodies to HLA-A19 were recorded in 86% of infertile men and 92% of infertile women.
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Page:The three colonies of Australia.djvu/392
370 expect it. Encamped in a most beautiful and romantic valley, on the banks of a deep creek, with large waterholes—which some fanciful individuals of our party imagined might be the retreats of the far-famed bunyip. Honeysuckle, mimosa, and eucalyptus were the most common trees, and formed beautiful groves. Five miles.
GRASS TREES.
"16th.—Crossed two very bad creeks; met a great number of drays; crossed box hill and stringy bark ranges; the latter always dreary-looking. Witnessed some beautiful scenery; hills rising over hills, covered with grass and shady trees; the valleys enamelled with flowers. Passed Morrison's station—a beautiful place. Ascended the Dividing Range. Granite in large masses begins to appear; quartz predominates in this to a very unusual extent, and this fact may probably throw some light on the richness of the Victoria gold-fields. The rocks are ofttimes of very peculiar forms, and in remarkable situations; large masses of tons weight, and quite round, lying on top of one another; the least effort being sufficient to remove them, and send them headlong down the mountain. The ranges are very low, and in fact the whole country is remarkably level; a circumstance which is contrary to one's
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GeoLog
uncertainty
Geosciences Column: Using tall trees to tot up tropical carbon
Forests in the tropics account for about half the above-ground carbon on Earth and as the trees grow older they are capable of storing more and more. In fact, their carbon-storing potential is so large that they are increasingly being viewed as a means of mitigating climate change. Take, for example, the United Nations effort to reduce degradation and deforestation by assigning value to forest carbon. But programmes like this can only operate if we can calculate forest carbon stocks effectively.
The first step is to suss out a tree’s dimensions. Biomass directly relates to tree height and trunk diameter, so if you know these two details you can work out the amount of carbon stored in a particular tree. This calculation owes its ease to a lot of hard-collected data on tree dimensions and biomass, which, when combined, produces a neat relationship between the two.
Tropical forest in Martinique. (Credit: Wikimedia Commons user Fameme)
Tropical forest in Martinique. Credit: Wikimedia Commons user Fameme)
You can calculate tree height using a tape measure or using LIDAR. LIDAR, short for Light Detection and Ranging, uses a laser to measure the distance to an object by analysing the amount of light reflected back to a detector. Whether you’re using the high tech method or the tape, you’ll always need a little trigonometry. With a quick calculation you can use the distance to the tree base, the distance to the tree top, and the angle from where you’re standing to the top of the tree to work out its height. There are other ways to work this out if you fancy conducting a garden experiment with your smartphone .
But what if you wanted to work out the biomass of not one tree, ten or a hundred, but an entire forest of them? Trekking your way through the trees to measure each in turn would take an unimaginably long time, not to mention that, by the time you finish, the trees you started with will have grown, changed and increased their biomass to boot.
Is there a more practical method? Yes! Satellites are also capable of using LIDAR to estimate tree height remotely – data can be used to calculate the amount of carbon contained in a tropical forest.
Forest canopy in Peru. (Credit: Geoff Gallice)
Forest canopy in Peru. (Credit: Geoff Gallice)
The method is a treat for the budding biogeoscientist. Here’s how it works:
1. Head out to your favoured forest and use your field skills to measure the height and diameter of 100 or so trees. This means you can ground-truth your measurements and apply them to the rest of the forest.
2. Scoop up some satellite data on tree height.
3. Use the relationship between height and biomass that you gathered from trees in the field to find the biomass of the rest of the forest.
A group of scientists, led by Maria Hunter, set out to understand the uncertainty in these measures of biomass. Provided you have your 100 or so local trees as a reference, the biggest uncertainty lies in determining their height. A whole host of uncertainties enter here: from the method used to grab the data to the obstacles that cause you to both over- (in the case of tape measures) or under- (in the case of LIDAR) estimate the height of a tree. Some of these uncertainties can cause major problems for tree height estimation, particularly when the tree is unusually tall.
Despite these difficulties, Hunter found that values for forest biomass were still rather good. This is because many measurement errors cancel each other out when applying the results to a large area. What’s more, since the majority of trees are not unusually tall, their contribution to biomass determining difficulties are relatively small, leading to an overall error in biomass estimates of approximately 6%. Not too bad at all.
By Sara Mynott, EGU Communications Officer
Reference
Hunter, M. O., Keller, M., Victoria, D., and Morton, D. C.: Tree height and tropical forest biomass estimation, Biogeosciences, 10, 2013.
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PELLETIZATION OF Anthracophyllum discolor FOR WATER AND SOIL TREATMENT CONTAMINATED WITH ORGANIC POLLUTANTS
Rubilar, O; Elgueta S.; Tortella, G; Gianfreda, L; Diez, MC
Abstract
Pellets of the white-rot fungus Anthracophyllum discolor with activated carbon and sawdust (complex pellets) were formulated for the degradation of lignin in water and the bioremediation of soil contaminated with pentachlorophenol (PCP). The complex pellets were formed by a center of activated carbon and sawdust surrounded by fungal mycelium, whereas simple pellets consisting of only mycelium were hollow spheres. Degradation of lignin was performed in an airlift reactor at initial lignin concentration of 1000 mg L-1 and the fungal pellets were re-used two times in batch operations. Complex pellets degraded lignin by 87 and 72% in the first and second cycle, respectively, and they were significantly more effective than simple pellets. In addition, complex pellet showed higher manganese peroxidase activity in the reactor. For the bioremediation of soil contaminated with PCP (150 mg kg-1 of soil) the pellets were added to soil surface. PCP degradation in soil with complex pellets was 85% at 28 days of bioaugmentation, being higher than in soil with simple pellet. A fungus growth was also observed only in soil with complex pellet. Sawdust and activated carbon appear to be suitable carriers of A. discolor for degradation of organic pollutants in wastewater and soil.
Más información
Título según SCOPUS: Pelletization of anthracophyllum discolor for water and soil treatment contaminated with organic pollutants
Título según SCIELO: PELLETIZATION OF Anthracophyllum discolor FOR WATER AND SOIL TREATMENT CONTAMINATED WITH ORGANIC POLLUTANTS
Título de la Revista: Revista de la ciencia del suelo y nutrición vegetal
Volumen: 9
Número: 3
Editorial: Sociedad Chilena de la Ciencia del Suelo
Fecha de publicación: 2009
Página de inicio: 161
Página final: 175
Idioma: en
URL: http://www.scielo.cl/scielo.php?script=sci_arttext&pid=S0718-27912009000300001&lng=en&nrm=iso&tlng=en
DOI:
10.4067/S0718-27912009000300001
Notas: SCIELO, SCOPUS
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Hendro Scholtz
Hendro Scholtz (born Bethlehem, Free State, 22 March 1979) is a former South African rugby union player and currently the head coach at Varsity Cup side.
Career
He was first included in the squad in 1999 and remained at the team until 2010. He had a short spell at the during the 2001 Super 12 season, but played for the Cheetahs' Super Rugby team the from the following season. This also culminated in a call-up to the Springboks and he was included in the team for the 2003 Rugby World Cup.
He played for the until 2005, when Super Rugby expansion lead to the and each getting entry into the tournament, with Scholtz playing for the latter.
After more than a decade at the, he had short spells in Europe at Agen and Rovigo before returning home to South Africa.
He was a surprise call-up to the team in 2012, coming out of semi-retirement to represent them in the 2012 Currie Cup Premier Division.
In 2013, he was appointed as an assistant coach at.
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Twice Upon a Time (The Kingston Trio album)
Twice Upon a Time is a live album by the American folk music group The Kingston Trio, recorded in 1966 and released in 2008 (see 2008 in music).
History
After deciding to disband after a final tour, the trio recorded numerous performances in order to release a final live album. Their current label, Decca Records, declined to release Once Upon a Time. It wasn't until 1969 that it was eventually released on Tetragrammaton Records. This compilation consists of recordings from their final performances at the Sahara Tahoe hotel.
The set list is nearly identical to Once Upon a Time. A bonus video in included.
Reception
The Allmusic review commented on the similarity with Once Upon a Time and noted the minor differences between the two releases and concluded this release was for "die-hard collectors only."
Track listing
* 1) "Introduction" – 0:38
* 2) "Hard Travelin'" (Woody Guthrie) – 2:21
* 3) "Intro to M.T.A." – 2:55
* 4) "M.T.A." (Bess Lomax Hawes, Jacqueline Steiner) -2:58
* 5) "Intro to Where I'm Bound" – 0:46
* 6) "Where I'm Bound" (Tom Paxton) – 3:01
* 7) "They Call the Wind Maria" (Alan Jay Lerner, Frederick Loewe) – 3:46
* 8) "Intro to The Merry Minuet" – 0:14
* 9) "The Merry Minuet" (Harnick) – 2:20
* 10) "Intro to Hanna Lee" – 0:17
* 11) "Hanna Lee" (Stan Jones, Richard Mills) – 2:51
* 12) "Greenback Dollar" (Hoyt Axton, Kennard Ramsey) – 3:00
* 13) "Intro to Thirsty Boots" – 5:18
* 14) "Thirsty Boots" (Anderson) - 4:51
* 15) "Rovin' Gambler/This Train" (Samuel F. Omar) – 1:57
* 16) "Intro to Tom Dooley" – 1:04
* 17) "Tom Dooley" (Alan Lomax, Frank Warner) – 3:00
* 18) "Intro to Reuben James" – 1:16
* 19) "Reuben James" (Woody Guthrie) – 2:51
* 20) "Intro to Goodnight Irene" – 0:28
* 21) "Goodnight Irene" (Lead Belly, Alan Lomax) – 2:41
* 22) "Intro to Hit and Run" – 1:22
* 23) "Hit and Run" (John Stewart) – 2:16
* 24) "Intro to Where Have All the Flowers Gone" – 0:16
* 25) "Where Have All the Flowers Gone?" (Pete Seeger, Joe Hickerson) – 3:07
* 26) "Intro to Little Maggie" – 2:01
* 27) "Little Maggie" (Traditional) – 2:28
* 28) "Intro to The Spinnin' of the World" – 0:50
* 29) "The Spinnin' of the World" (Stewart) – 2:12
* 30) "Intro to Scotch and Soda" – 1:38
* 31) "Scotch and Soda" (Dave Guard) – 2:13
* 32) "Intro to When the Saints Go Marching In" – 0:46
* 33) "Saints Go Marching In" (Traditional) – 5:25
* 34) "Tomorrow Is a Long Time" (Bob Dylan) (video)
Personnel
* Bob Shane – vocals, guitar
* Nick Reynolds – vocals, tenor guitar, conga
* John Stewart – vocals, banjo, guitar
* Dean Reilly – bass
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William Tayleur
William Tayleur (10 September 1803 – 5 November 1873) was an English Liberal politician who sat in the House of Commons from 1832 to 1835.
Tayleur was the son of John Tayleur of Buntingsdale and his wife Penelope Pearson, daughter of Thomas Pearson of Tottenhall, Staffordshire. He was Deputy Lieutenant of Shropshire and was High Sheriff of Shropshire in 1827.
At the 1832 general election Tayleur was elected Member of Parliament for Bridgwater. He held the seat until 1835.
Tayleur died at the age of 70.
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Pattern of Cystoid Macular Edema in Erbil
1Muhsen Ahmmed Ali Al-jubouri, 2 Ahmed Kareem Joma
1M.B.Ch.B. H.D.Ophthalmology,Kirkuk General Hospital,
2Kirkuk, Iraq, M.B.CH.B. F.I.C.M.S. (Ophth) I.C.O, Hawler Medical University, College of Medicine, Erbil, Iraq
* Corresponding author:1muhsen_mw@yahoo.com, 2ahmedeye66@yahoo.com
DOI: https://doi.org/10.32441/kjps.03.01.p6
287 Downloads
ABSTRACT:
Cystoid Macular Edema (CME) in its various forms can be considered one of the leading causes of central vision loss in the developed world. It is not a disease itself, It represents a common pathologic sequel of the retina and occurs in a variety of pathological conditions such as, diabetic retinopathy, central or branch retinal vein occlusion, intraocular inflammation and following cataract extraction. This study was done to investigate the pattern of CME in patient attending Erbil Teaching Hospitals.
This is a hospital base prospective study that included 61 patients (75 eyes) conducted at Erbil Teaching Hospital and Rigor Teaching Hospital for six months. All patients underwent a comprehensive assessment including medical and ophthalmic history and detailed ophthalmic examination including slit lamp examination, intraocular pressure measurement (IOP), Best corrected visual acuity (BCVA), dilated fundus examination and Optical Coherence Tomography (OCT) examination.
It was found that of the 61 patients 32 (52.5%) were females and 29 (47.5%) were males. The mean age (56.4±10.8) years. Out of the 75 eyes included in the study, 41 eyes (54.66%) had diabetic retinopathy, 10 (13.34%) eyes had CME following cataract operation (Irvine-Gass syndrome), 8 eyes (10.67%) had BRVO, 6 eyes (8%) were had CRVO, 5 eyes (6.66%) had Age related Macular Degeneration, 3 eyes (4%) with uveitis, and 2 (2.67%) had Retinitis Pigmentosa. The average macular thickness was (415.6± 107).
It was concluded that diabetic retinopathy is the most common predictive factor of CME, followed by cataract surgery. CME is more severe in diabetic retinopathy, CRVO and after cataract surgery.
Keywords: Cystoid Macular Edema, diabetic retinopathy, cataract surgery, retinal vascular diseases.
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ESSENTIALAI-STEM
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Are Semaglutide Injections FDA Approved? Get the Facts from Enhanced Aesthetics & Wellness
are semaglutide injections fda approved
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Are Semaglutide Injections FDA Approved? Get the Facts from Enhanced Aesthetics & Wellness
Are semaglutide injections FDA approved? Enhanced Aesthetics & Wellness provides the answers and expert care you need.
What are Semaglutide Injections?
Semaglutide injections are a type of medication used to manage type 2 diabetes and aid in chronic weight management. This injectable drug mimics the effects of the hormone GLP-1 (glucagon-like peptide-1), which helps regulate blood sugar levels and appetite. By enhancing the body’s natural ability to release insulin, semaglutide injections help control blood glucose levels and support weight loss efforts.
Definition and Purpose
Semaglutide is a GLP-1 receptor agonist, primarily used to treat type 2 diabetes by improving glycemic control. It also promotes weight loss by reducing hunger and increasing feelings of fullness. The purpose of semaglutide injections is to offer an effective solution for those struggling with high blood sugar levels and obesity, helping them achieve better health outcomes.
Mechanism of Action
Semaglutide works by stimulating the GLP-1 receptors in the body, which enhances insulin secretion and inhibits glucagon release, leading to lower blood sugar levels. Additionally, it slows gastric emptying and reduces appetite, making it easier for individuals to adhere to a reduced-calorie diet and lose weight. This dual action on both blood glucose and weight makes semaglutide a powerful tool in managing type 2 diabetes and obesity.
Benefits of Semaglutide Injections
The benefits of semaglutide injections extend beyond blood sugar control and weight loss. Patients using semaglutide often experience significant improvements in HbA1c levels, reduced risk of cardiovascular events, and better overall metabolic health. These injections can also lead to improved quality of life, as patients gain better control over their diabetes and weight-related issues.
Common Uses
Semaglutide injections are commonly prescribed for individuals with type 2 diabetes who have not achieved adequate control with oral medications. They are also used for weight management in adults with obesity or overweight with at least one weight-related condition, such as hypertension or dyslipidemia. The versatility of semaglutide makes it suitable for a broad range of patients seeking better health outcomes.
Potential Side Effects
While semaglutide is generally well-tolerated, some patients may experience side effects. Common side effects include nausea, vomiting, diarrhea, and constipation. These symptoms are usually mild and tend to diminish over time. It is important to discuss any persistent or severe side effects with a healthcare provider to ensure safe and effective use of the medication.
Suitability for Different Patients
Semaglutide injections are suitable for many patients, but not everyone. Individuals with a history of medullary thyroid carcinoma or multiple endocrine neoplasia syndrome type 2 should avoid this medication. It is also important for patients to undergo a thorough medical evaluation to determine if semaglutide is appropriate for their specific health needs and conditions.
FDA Approval of Semaglutide Injections
The FDA approval of semaglutide injections marks a significant milestone in diabetes and weight management treatments. This approval signifies that the medication has undergone rigorous testing and evaluation to ensure its safety and effectiveness for patients. At Enhanced Aesthetics & Wellness, we emphasize the importance of using FDA-approved treatments to provide our clients with the highest standard of care.
FDA Approval Process
The FDA approval process involves several stages, including preclinical studies, clinical trials, and a thorough review of the drug’s safety and efficacy data. Semaglutide underwent extensive testing in multiple clinical trials, demonstrating its benefits for managing type 2 diabetes and aiding in weight loss. The FDA’s rigorous standards ensure that only safe and effective treatments are made available to the public.
Semaglutide’s Approval History
Semaglutide was first approved by the FDA for the treatment of type 2 diabetes in 2017. Following its success in managing blood sugar levels, further studies were conducted to evaluate its potential for weight loss. In 2021, the FDA approved semaglutide for chronic weight management, making it a versatile medication for both diabetes control and obesity treatment.
Significance of FDA Approval
FDA approval is crucial as it provides assurance that a medication is both safe and effective. For patients, this means they can trust that semaglutide has been thoroughly evaluated and meets high standards for medical treatments. At Enhanced Aesthetics & Wellness, we prioritize FDA-approved treatments to ensure our clients receive the best possible care with proven results.
Clinical Trials and Evidence
Clinical trials for semaglutide included thousands of participants and spanned several years. These studies showed significant improvements in glycemic control and substantial weight loss in patients using semaglutide. The evidence from these trials supports its use as an effective treatment for both diabetes and obesity, providing a strong foundation for its FDA approval.
Safety and Efficacy
The safety profile of semaglutide is well-established, with most side effects being mild and transient. Its efficacy in lowering blood sugar levels and promoting weight loss is well-documented, making it a reliable choice for managing these conditions. At Enhanced Aesthetics & Wellness, we closely monitor our patients to ensure they experience the full benefits of semaglutide while minimizing any potential risks.
Misconceptions about FDA Approval
There are several misconceptions about FDA approval, one being that all approved medications are free from side effects. While FDA approval ensures safety and efficacy, it does not mean that a medication is without risks. It’s important for patients to have realistic expectations and to consult with healthcare providers to understand the benefits and potential side effects of any treatment.
Enhanced Aesthetics & Wellness: Your Source for Semaglutide Injections
Enhanced Aesthetics & Wellness is committed to providing top-tier medical treatments, including FDA-approved semaglutide injections. Our clinic is dedicated to helping clients achieve their health and wellness goals through personalized care and cutting-edge treatments. With our experienced team and state-of-the-art facilities, we ensure the highest standards of service.
Expertise in Weight Management
At Enhanced Aesthetics & Wellness, our team has extensive experience in managing weight loss and metabolic health. We understand the challenges associated with weight management and provide comprehensive solutions tailored to each client’s unique needs. Our expertise in semaglutide therapy allows us to offer effective and safe weight loss treatments.
Personalized Treatment Plans
We believe that each patient is unique and deserves a customized approach to their health and wellness. Our personalized treatment plans for semaglutide injections are designed to meet the specific needs and goals of each client. By tailoring our approach, we ensure that patients receive the most effective and supportive care possible.
Success Stories
Many clients have achieved significant health improvements with semaglutide injections at Enhanced Aesthetics & Wellness. Our success stories include individuals who have managed their diabetes more effectively and achieved their weight loss goals. These testimonials highlight the transformative impact of our treatments and the dedicated care we provide.
Professional Staff
Our team at Enhanced Aesthetics & Wellness is led by Nurse Practitioner Sherry Cipollini, APRN, FNP-BC. With a strong background in family and aesthetic medicine, Sherry and her team are committed to delivering high-quality care. Our professional staff is trained to administer semaglutide injections safely and effectively, ensuring the best outcomes for our clients.
State-of-the-Art Facilities
Enhanced Aesthetics & Wellness boasts state-of-the-art facilities equipped with the latest medical technology. Our clinic is designed to provide a comfortable and welcoming environment for all patients. We use advanced equipment to ensure precise and efficient treatments, enhancing the overall experience for our clients.
How to Get Started
Getting started with semaglutide injections at Enhanced Aesthetics & Wellness is simple. Begin by scheduling a consultation with our team to discuss your health goals and medical history. We will conduct a thorough assessment to determine if semaglutide is the right option for you. Once approved, our staff will guide you through the treatment process, providing support every step of the way.
Conclusion
Choosing Enhanced Aesthetics & Wellness for your semaglutide injections ensures you receive top-quality care from a dedicated team of professionals. Our FDA-approved treatments are designed to help you achieve better health outcomes, whether you’re managing diabetes or aiming for significant weight loss. Don’t wait to take control of your health.
Summary of Key Points
Semaglutide injections offer effective management for type 2 diabetes and aid in weight loss. FDA approval assures their safety and efficacy, making them a reliable treatment option. Enhanced Aesthetics & Wellness provides these injections with a focus on personalized care and exceptional service.
Why Choose Enhanced Aesthetics & Wellness
Our clinic stands out for its expertise in weight management, personalized treatment plans, and professional staff. With state-of-the-art facilities and a commitment to patient success, Enhanced Aesthetics & Wellness is the best choice for your semaglutide treatment.
Contact Enhanced Aesthetics & Wellness
Take the first step towards better health with semaglutide injections at Enhanced Aesthetics & Wellness. Contact Enhanced Aesthetics & Wellness Today.
Check out our 5-star Google Reviews
For reviews and testimonials, visit our Enhanced Aesthetics & Wellness Reviews.
To Book An Appointment
Please visit our Patient Portal.
FAQs
Q: What exactly are semaglutide injections, and how do they work?
A: Semaglutide injections help manage weight and control diabetes by mimicking the effects of the hormone GLP-1, which regulates blood sugar levels and appetite.
Q: Are semaglutide injections FDA approved?
A: Yes, semaglutide injections are FDA approved for managing type 2 diabetes and for chronic weight management in adults with obesity or overweight with at least one weight-related condition.
Q: Who can benefit from semaglutide injections?
A: Individuals with type 2 diabetes or those seeking effective weight management can benefit from semaglutide injections. A healthcare provider can determine suitability based on health history and goals.
Q: What are the common side effects of semaglutide injections?
A: Common side effects include nausea, vomiting, diarrhea, and constipation. These symptoms are usually mild and tend to diminish over time.
Q: How can I get started with semaglutide injections at Enhanced Aesthetics & Wellness?
A: Schedule a consultation with our team to discuss your health goals and medical history. We will assess your suitability for semaglutide and guide you through the treatment process.
More To Explore
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ESSENTIALAI-STEM
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Apple Back to School Offer: Free Beats Headphones with Mac - Analyst Blog
Close on the heels of its third quarter results, Apple Inc.AAPL has announced its new back-to-school promotion. Until Sep 18, Apple will offer Beats Solo2 headphones with the purchase of selected Mac models. The offer is valid for student and people who are part of the educational field like teachers, administrators, employees at a public or private K-12 school, or parents of students at a higher-education institution. Eligible customers have to buy a new iMac, Macbook, Macbook Pro, Macbook Air or Mac Pro model to avail the offer. However, Mac mini computers or Macs that have been refurbished do not qualify for the free gift.
We believe the new promotional offer is intended to push Mac sales, especially in given the global weakness that the PC market is seeing.
For Apple, Mac continues to defy industry trends with unit growth of 9%, generating revenues of $6 billion, up 9% from last year. On the other hand, the global PC market prediction remains muted with an estimated 4.9% decline in 2015, according to International Data Corporation (IDC). This could be largely due to the fact that the U.S. PC market has been picking up this year (contrary to rest of the world), following stagnation in the past years (thanks to growing demand for PC and Console based games). As the U.S. remains a key market for Apple products, it is much likely to support Mac sales going forward.
It is noteworthy that despite significant popularity, Apple does not figure in the list of the top five PC sellers across the world.
So it's not surprising that the current promotional strategy is only limited to the U.S., where Apple has an established presence. Hence, we believe it is intended to increase the popularity of its newly acquired Dr. Dre's Beats headphones. The company spent $3 billion on its musical venture and acquired Beats Electronics in May 2014.
While Beats headphones remain the flagship product for Beats Electronics, Apple also got its hands on Beats' $10 a month streaming service. Given its aggressive marketing, promotion by celebrities such as Ellen DeGeneres and partnerships with AT&T T , Beats Music should gain popularity.
Attracting users to Beats products will eventually lead them to its music streaming services. For now, we think it is a win-win situation for Apple customers and the company itself. The promotional offer will drive Mac sales going forward, which is one of the top three products for the company in terms of sales and revenues.
Apple currently has a Zacks Rank #2 (Buy).Other stocks in this sector include Yelp Inc. YELP with a Zacks Rank #2 and Changyou.com Ltd.CYOU with a Zacks Rank #1 ( Strong Buy).
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Zacks Investment Research
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.
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NEWS-MULTISOURCE
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bo-peep
Noun
* 1) The act of looking out suddenly, as from behind a screen, so as to startle someone (as by children in play), or of looking out and drawing suddenly back, as if frightened.
* 2) * 1881, Geneva Gazette - Jul 8, 1881, page 2, "Official Paper Of The Village"
* They have not employed spies, nor been voluntary or involuntary witnesses of misdeeds or played "bopeep" through key-holes or from step-ladders through transom windows, upon the privacy of their political adversaries.
* 1) Any whistling frog.
* 2) Sleep.
* 1) Sleep.
Derived terms
* / bo-peepers
Verb
* 1) To play the game of bo-peep; to peek out suddenly.
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WIKI
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Talk:2007 Serbian parliamentary election
Remove
I removed this huge part from the article, from the SPO section:
''Srećković announced the grand Sunday "Europe live" action in which 30 Serbian peasants will be dispatched to Slovenia, to learn from the experienced Slovene agriculture to benefit the Serbia's village on its path to the European Union; he said that Slovenia is way ahead of Serbia in economic sense. The next step in the campaign is the sending of several Kragujevac's Zastava manufacturers to the Czech "Skoda" to learn from its business partnership with the German "Volkswagen". And finally, 10 top Serbian students will be led by SPO to Brussels, the seat of EU. Vice-president Srđan Srećković closed by stating that the aims of SPO are European principals & standards, as well as EU membership.''
''On November 19 2006 the "Europe live" campaign; 30 peasants visiting Slovenia, started. A conference for journalists was held by the party's vice-presidents Vlajko Senić and Srđan Srećković, SPO director President of the Executive Committee Aleksandar Čotrić and President of the party's president of the Committee for Agriculture Željko Radošević.''
I don`t think such insipid announcments of pre-election gimmicks have a place in an encyclopedia article. Lets make it look more proffesional not a laughing stock by quoting the complete content of every obscure press conference.
Voting in Kosovo?
The article indicates that 40+ percent of voters in Kosovo cast ballots. Have polling places been set up there? Are the main Kosovar Albanian parties participating in the election? --Jfruh (talk) 21:20, 21 January 2007 (UTC)
* No, only the Serbs vote. The Albanians have been boycotting for 17 years AND complaining about the lack of representation they have.--Hadžija 23:03, 21 January 2007 (UTC)
* That's a little one-sided; two of the four Albanian parties did participate. (The other two also wanted to, initially, but then went back on that.) — Nightst a llion (?) 23:40, 21 January 2007 (UTC)
* 40+% of the voters in the voter`s registry voted. Albanians of Kosovo don`t sign in into voters registires since they maintain they are not citizens of Serbia. The two Albanian parties that took part in the election represent and campaign only among the Albanians from within Central Serbia itself (chiefly in the Preševo valley and larger cities).
* What about having a whole section on the Albanian/Kosovo situation viz-à-viz the elections? This could cover the ongoing boycott of elections by Kosovar Albanians but that those Preševo valley Albanian parties have taken part and also what this means for the turnout figutes in Kosovo where there is low voter registration. Bondegezou 16:35, 22 January 2007 (UTC)
Democratic party slogan colour
The party name for Democratic Party of Serbia/New Serbia currently appears in the slogan section on my browser as black on black. Could somebody please change either the background or text colour so that there is more contrast. Eclecticology 00:24, 22 January 2007 (UTC)
* I changed the text color, better now I believe. // Laughing Man 05:13, 22 January 2007 (UTC)
Albanian
I've read that the DSS lost one seat and one Albanian will get into parliament instead. Has anyone got more details? — Nightst a llion (?) 22:36, 22 January 2007 (UTC)
* After all votes but those from abroad have been counted the Albanian coalition stands with 1 MP, but it is DS who now stands at 64 instead of previously projected 65. http://www.b92.net/info/vesti/index.php?yyyy=2007&mm=01&dd=22&nav_category=418 —The preceding unsigned comment was added by <IP_ADDRESS> (talk) 02:23, 23 January 2007 (UTC).
* Could someone please update the results table with the final results? Thanks! — Nightst a llion (?) 06:37, 23 January 2007 (UTC)
External links modified
Hello fellow Wikipedians,
I have just added archive links to 1 one external link on Serbian parliamentary election, 2007. Please take a moment to review my edit. If necessary, add after the link to keep me from modifying it. Alternatively, you can add to keep me off the page altogether. I made the following changes:
* Added archive https://web.archive.org/20070129102214/http://edition.cnn.com:80/2007/WORLD/europe/01/22/serbia.election.eu.reut/ to http://edition.cnn.com/2007/WORLD/europe/01/22/serbia.election.eu.reut/
Cheers.—cyberbot II Talk to my owner :Online 10:08, 19 February 2016 (UTC)
External links modified
Hello fellow Wikipedians,
I have just added archive links to 1 one external link on Serbian parliamentary election, 2007. Please take a moment to review my edit. If necessary, add after the link to keep me from modifying it. Alternatively, you can add to keep me off the page altogether. I made the following changes:
* Added archive http://web.archive.org/web/20070929122146/http://www.b92.net/eng/news/politics-article.php?yyyy=2007&mm=01&dd=22&nav_category=90&nav_id=39190/ to http://www.b92.net/eng/news/politics-article.php?yyyy=2007&mm=01&dd=22&nav_category=90&nav_id=39190/
Cheers.—cyberbot II Talk to my owner :Online 05:11, 25 March 2016 (UTC)
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WIKI
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Talk:Měnggǔ
(moved from Ménggǔ)
Are the tone-markings correct? WP has "Měnggǔ". - -sche (discuss) 11:56, 3 October 2011 (UTC)
* Měnggǔ is correct. <IP_ADDRESS> 11:58, 3 October 2011 (UTC)
* In fact, our own entry for 蒙古 has Měnggǔ, which makes this error hard to explain. - -sche (discuss) 12:03, 3 October 2011 (UTC)
* Probably due to the tone sandhi in Standard Chinese: third tone + third tone -> second tone + third tone. So Měnggǔ and Ménggǔ are homophones. <IP_ADDRESS> 12:05, 3 October 2011 (UTC)
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WIKI
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5-over-1
5-over-1 or over-1s, also known as a one-plus-five or a podium building, is a type of multi-family residential building commonly found in urban areas of North America. The mid-rise buildings are normally constructed with four or five wood-frame stories above a concrete podium, usually for retail or resident amenity space.
The name derives from the maximum permissible five floors of combustible construction (Type III or Type V) over a fire-resistive Type I podium of one floor for "5-over-1" or two floors for "5-over-2", as defined in the United States-based International Building Code (IBC) Section 510.2. Some sources instead attribute the name to the wood framing of the upper construction; the International Building Code uses "Type V" to refer to non-fireproof structures, including those framed with dimensional lumber.
The style of buildings originated with the work of architect Tim Smith in Los Angeles, who took advantage of a change in construction code allowing the use of fire-retardant treated wood (FRTW) to construct buildings up to five stories. From this he saw that what became the "Five-Over-One" model would bring the construction costs down substantially, making a 100-unit affordable housing project financially viable.
The style took root in New York and other dense cities in the American Northeast following the revisions in the 2000 IBC edition, and it exploded in popularity in the 2010s, following a 2009 revision to IBC, which allowed up to five stories of wood-framed construction.
Description
The first recorded example of 5-over-1 construction is an affordable housing apartment building in Los Angeles built in 1996. The wood-framed 5-over-1 style is popular due to its high density and relatively lower construction costs compared to steel and concrete. 5-over-1 buildings often feature secure-access interior hallways with residential units on both sides, which favors a U, E, C, or right-angle building shape. The exteriors of 5-over-1 buildings often contain flat windows, rainscreen cladding, and Hardie board cement fiber panels.
These buildings are also sometimes called a Wrap or Texas Doughnut, which describes a multifamily building which is wrapped around a parking garage in the center. This style is common in areas with higher parking mandates.
Criticism
The 5-over-1 style of buildings are often criticized for their high fire risk when under construction, as well as their architectural blandness. Some cities and jurisdictions have considered additional regulations for multi-story wood-framed structures. After an under construction apartment complex burned to the ground in downtown Waltham, Massachusetts in 2017, the city council voted 14–0 to request that the state reevaluate the building code for 5-over-1 buildings. The borough of Edgewater, New Jersey, introduced a resolution calling on the state of New Jersey to enact stricter fire safety regulations for wood-framed buildings following a large fire that occurred in the wood-framed Avalon at Edgewater apartments in 2015.
The 5-over-1 style of apartment buildings are also associated with gentrification, due to the popularity of the building style in neighborhoods affected by development-induced displacement. However, new housing at market rates (which may include 5-over-1-style buildings) has been shown to loosen the market for lower-quality housing, making it a possible anti-displacement tool.
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WIKI
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Governor Blanco
Governor Blanco may refer to:
* Kathleen Blanco (1942–2019), Governor of Louisiana
* Ramón Blanco, 1st Marquess of Peña Plata (1833–1906), 109th Governor General of the Philippines from 1893 to 1896 and Governor of Cuba from 1879 to 1881
* Víctor Blanco (governor) (fl. 1820s–1840s), 4th Governor of Coahuila y Tejas from 1826 to 1827
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WIKI
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Asha Bage
Asha Bage (born July 28, 1939) is a Marathi writer of short-stories and novels. She has published 7 novels, 13 collections of short stories, and two collections of literary works. She is famous for writing about the experiences and emotions of the middle-class Marathi women.
Her novel Bhoomi based on the 2004 Tsunami devastations in India earned her the Sahitya Akademi Award for Marathi for the year 2006. She also received the Janasthan Puraskar from Kusumagraj Pratishthan in Nashik which is given to litterateurs for their contribution to the field of Marathi literature. In 2004, she was chosen as the president of the first Lekhika Sammelan (Women Writers' Conference) organized by the Vidarbha Sahitya Sangh.
Early life and education
Asha Bage was born to Waman Deshpande and Kusum Deshpande in Nagpur.
She attended New English High School in Mahal, Nagpur. Later, she attended Lady Amrutbai Daga College in Nagpur where she obtained the Master of Arts degree in Marathi and Music.
Short Stories
* Marwa (1984)
* Attar (1986)
* Pooja (1989)
* Chandan (1993)
* Mandav (1993)
* Anant (1994)
* Darpan (1997)
* Nisatlele (1999)
* Rutuvegale (1999)
* Pani (2003)
* Paulvatevaral Gaon (2005)
* Pratidvandvi (2005)
Novels
* Manasvini (1979)
* Zumbar (1984)
* Utsav (1994)
* Tridal (1994)
* Dharmakshetre-Kurukshetre (1996)
* Setu (2000)
* Bhoomi (2004)
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WIKI
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[OpenAFS] Compressed source code...
Rodney M Dyer rmdyer@uncc.edu
Sun, 17 Jul 2005 16:07:07 -0400
I made a couple of comments the other day about the web page, but that
thread had a life of its own and has now changed direction. I thought it
would be better to start another one that is specific to my question.
In the original thread on the web page I commented that clicking on the
"openafs-1.3.85-src.tar.bz2" actually causes the IE browser to download it
as "openafs-1.3.85-src.tar.tar". This is strange, but even more strange is
the fact that I can't do anything with the resulting file like I was able
to in the past.
In previous code releases we used to be able to download the file as
"openafs-1.3.85-src.tar.gz", which the IE browser would save as
"openafs-1.3.85-src.tar.tar". I could then rename the "...tar.tar" to
"...tar.gz" and get the WinZip tool to uncompress it. Now it seems I can't
get WinZip to do anything with the file at all. Renaming the file to
"...tar.gz", or "...tar", or "tar.bz2", or no rename at all and WinZip
throws an error.
I Google'd and found this http://filext.com/detaillist.php?extdetail=BZ2
about ".bz2". WinZip doesn't understand this file type so it didn't
install a MIME Type info into Windows. I suppose I can install WinRAR
personally, but our group doesn't own a license for it.
Did OpenAFS.org need to change the compress type from "gz" to "bz2" for
some reason? I would rather see the most common compressed type that all
uncompressors can use. Does OpenAFS.org need a license to use ZIP?
Rodney
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ESSENTIALAI-STEM
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DONALD E. MULES v. MARYLAND RACING COMMISSION
[No. 718,
September Term, 1975.]
Decided March 3, 1976.
The cause was argued before Orth, C. J., and Powers and Moore, JJ.
William F. C. Marlow, Jr. and W. Stanwood Whiting, with whom was Edward C. Covahey, Jr. on the brief, for appellant.
Josef E. Rosenblatt, Assistant Attorney General, with whom were Francis B. Burch, Attorney General and Jon F. Oster, Deputy Attorney General on the brief, for appellee.
Note: Certiorari denied, Court of Appeals of Maryland, May 25,1976.
Orth, C. J.,
delivered the opinion of the Court.
STATEMENT OF THE CASE
The Federal Proceedings
On 18 December 1974, in the United States District Court for the District of Maryland, Donald E. Mules was found guilty by a jury of six violations of the laws pertaining to controlled dangerous substances. Motions for arrest of judgment, for judgment of acquittal, and for a new trial were filed on 26 December and denied, upon hearing, on 20 March 1975. Mules was thereupon sentenced to a total term of imprisonment for three years. He noted an appeal to the United States Court of Appeals for the Fourth Circuit. The judgments were affirmed in a per curiam opinion filed 19 January 1976. United States v. Mules, 532 Fed. 2d 752. In the usual course, the mandate will issue twenty-one days from the date of the decision, with thirty days thereafter permitted to petition the Supreme Court of the United States for writ of certiorari. Fed. R. App. P. 41 (a) and (b); Rules of Supreme Court, rule 22.
The State Proceedings
The federal proceedings had a collateral effect. For over two decades Mules had been licensed to practice veterinary medicine in Maryland. Agricultural Art. § 2-301 through § 2-313. For some years he specialized in equine veterinary medicine. The Maryland Racing Commission (Commission) was created and established by the General Assembly as part of the Department of Licensing and Regulation. Its jurisdiction, supervision, powers and duties, subject to the power and authority of the Secretary of Licensing and Regulation, extend to all persons, associations and corporations conducting any meeting in Maryland whereat horse racing shall be permitted for any stake, purse or reward. Code, art. 78B, § 1. The Commission has “full power to prescribe rules, regulations and conditions under which all horse races shall be conducted within the State of Maryland.” Code, art. 78B, § 11 (a). Under that power, it duly adopted, pursuant to Code, art. 41, § 9, rules governing thoroughbred racing. Commission Rule <IP_ADDRESS> provides:
“No Veterinarian shall be allowed to practice at the race track of any Racing Association under the jurisdiction of the Commission until such Veterinarian shall have obtained a license from the Commission. Such license must be applied for and issued annually. Such license may be revoked or suspended, for cause, by the Commission.”
Mules was first issued a license by the Commission on 13 April 1967 to practice veterinary medicine at the various race tracks in this State. Thereafter, the Commission issued him a license for each calendar year through 1974.
The Proceedings Involving the Stewards
Code, art. 78B, § 5 (b) requires that there be three Stewards at every race meeting. Commission Rule <IP_ADDRESS> grants the Stewards the power and imposes on them the duty to regulate and govern the conduct of all. . . persons attendant on horses during, before and after races.” Commission Rule <IP_ADDRESS> provides:
“If the Stewards shall find that any person licensed by the Commission has violated any of the Rules and Regulations of the Commission or has been involved in any improper turf practice, they may exclude such persons from the grounds, or any portion of such grounds, of the association conducting the meeting or the grounds of any other association under the jurisdiction of the Commission or by suspension from acting or riding during the meeting, or for a period not exceeding 20 days after the meeting, or by fine not exceeding $200, or by both; and, if they consider necessary, any further punishment or additional fine, they shall promptly refer the matter to the Commission.”
At the time the convictions of Mules were rendered in the federal court, a meet was being held at Laurel. On 21 December 1974, after the convictions in the federal court but before the imposition of sentence thereon, the Stewards at the Laurel meet ordered that Mules be suspended because of the federal convictions and denied him the privileges of the grounds during the suspension. Mules could have appealed to the Commission. Commission Rules <IP_ADDRESS>-1-2-3-4. He filed, however, an action in the Circuit Court for Baltimore County, Equity No. 82051, to enjoin the Stewards from denying him access to the race tracks in Maryland or from otherwise interfering with his practice of veterinary medicine, until final determination of the federal criminal proceedings. On 9 January 1975, the Circuit Court for Baltimore County denied the request for an injunction. The chancellor found that the Stewards had “inherent power” under the Commission Rules to control those who have access to the tracks, including a licensed veterinarian “if the actions of such person have or tend to have an adverse effect on the conduct of racing in the State.” He concluded that, in the circumstances, the Stewards could suspend Mules during the current meeting and for 20 days thereafter. The current meeting at Laurel ended 1 January 1975. Thus, the suspension was effective for 20 days after that date. The chancellor cautioned: “It is imperative, however, that the Maryland Racing Commission set a prompt hearing for the purpose of affording Dr. Mules an opportunity to present his case.”
The Proceedings Involving the Commission
The opportunity for Mules to present his case to the Commission came through his application to practice as a veterinarian at the tracks during the year 1975. Question 6 of the application asked: “Have you ever been denied a license to work as a veterinarian by any Commission or Racing Association?” Mules struck out the words “by any Commission or Racing Association”, placed a check mark in the box designating “Yes”, and inscribed: “By Stewards at Laurel Race Course.” He explained, “Having been found guilty in U. S. District Court for the District of Md. Dec. 18, 1974.”
Commission Rule <IP_ADDRESS> provides:
“The Commission may refuse to issue or renew a license or may suspend or revoke a license issued pursuant to this section if it shall find that the applicant, or any person who is a partner, agent, employee or associate of the applicant, has been convicted of a crime in any jurisdiction, or is associating or consorting with any person or persons who have been convicted of a crime or crimes in any jurisdiction or jurisdictions, or is consorting or associating with, or has consorted with bookmakers, touts or persons of similar pursuits, or has himself engaged in similar pursuits, or is financially irresponsible, or has been guilty of or attempted any fraud or misrepresentation in connection with racing, breeding, or otherwise, or has violated or attempted to violate any lav/ with respect to racing in any jurisdiction or any rule, regulation or order of the Commission, or shall have violated any rule of racing which shall have been approved or adopted by the Commission, or has been guilty of or engaged in similar related or like practices.”
On 13 January 1975, the Commission held a hearing on the application. See Commission Rule <IP_ADDRESS>. After testimony was received and argument heard, Commissioner Carle A. Jackson, according to the transcript of the proceedings, moved that “we deny the application of Dr. Mules and deny him the privileges of the grounds.” The motion was seconded by Commissioner Donald S. Levinson and a vote was taken. Commission Chairman J. Newton Brewer, Jr. said: “The record will show that Commissioners Jackson, Brewer and Levinson voted to deny Dr. Mules his license.” A document entitled “Findings of Fact and Order”, hereinafter referred to as “Commission Opinion”, is reproduced in the Joint Record Extract. It apparently was taken from a xerographic copy of a document attached to the Petition filed by Mules pursuant to Maryland Rule B2, § e. Alleged to be labelled “Exhibit #1” but actually labelled “Exhibit A”, it is made a part of the Petition. The document ends with an “Order” reading: “It is the day of January 1975, ORDERED by the Maryland Racing Commission that the application for a veterinarian’s license of Donald Elmer Mules be denied and that he be denied the privileges of the grounds.” Not only is the date incomplete, but the document is not subscribed, although there are lines for the signatures of the three Commissioners and the Secretary. There is no executed original or copy of an executed original of this document in the record transmitted to us.
The Appeal Proceedings in the Circuit Court for Baltimore County
On 17 January 1975 Mules filed an Order of Appeal in the Circuit Court for Baltimore County, requesting that the Clerk “Please enter an Appeal from the decision of the Maryland Racing Commission dated January 13, 1975 in the above-captioned matter.” Md. Rule B2, § a. He filed a petition as required by Md. Rule B2, § e, setting forth the action appealed from, the error committed by the Commission in taking its action, and the relief sought. The action appealed from was the refusal of the Commission to issue him a license to practice veterinary medicine for 1975 at the Maryland Race Tracks, and the denial of access to the Tracks. The errors alleged to have been committed by the Commission were basing its action on the conviction of him of a crime when he had not been convicted of a crime within the meaning of Commission Rule <IP_ADDRESS>, and basing its action on his guilt of or attempting “any fraud or misrepresentation in connection with racing, breeding, or otherwise . . .” under that Rule. The relief sought was the reversal of “the ruling of the Maryland Racing Commission denying [him] access to the Maryland Race Tracks and further denying [his] application to practice veterinary medicine at the Maryland Race Tracks for the calendar year 1975.”
The appeal was heard by the Circuit Court for Baltimore County starting on 23 May 1975. It continued intermittently thereafter. On 21 July the court filed an opinion and order. The order read: “The decision of the Maryland Racing Commission dated January 13, 1975, is affirmed; the court costs shall be paid by the appellant, Dr. Mules.” Mules noted an appeal to the Court of Special Appeals from that judgment.
ISSUES FOR DECISION
Although, as we have indicated, the copies of the Commission Opinion in the record before us are not complete as they lack a date and the signatures of the Commissioners, it is manifest from the opinion of the court below that it was completely satisfied that the Commission had made the findings of fact and issued the order on 13 January 1975 as set out in the Commission Opinion. In any event, it is clear that the Commission refused to issue Mules a License for 1975 and that it denied him the “privileges of the grounds.”
The position of Mules has been consistent at all levels. Its essence is that the Commission cannot take action against him on the basis of the federal court convictions until those convictions have become final. It seems that he considers “final” in accordance with the formula enunciated in Linkletter v. Walker, 381 U. S. 618 (1965), where the Court said, at 622, note 5: “By final we mean where the judgment of conviction was rendered, the availability of appeal exhausted, and the time for petition for certiorari had elapsed . . . .”
When Mules attacked the action of the Stewards in suspending his license by seeking to enjoin them from denying him access to the tracks or from otherwise interfering with his practice of veterinary medicine, it was on the ground that measures against him were precluded until final determination of the criminal proceedings. At the hearing before the Commission, Mules’ attorney, as pointed out in the Commission Opinion, “argued at length that the Commission should construe those references in its Rules to a ‘conviction of a crime’ to mean conviction after exhaustion of all appellate remedies.” At the appeal proceedings before the Circuit Court for Baltimore County, as noted by the court in its opinion, Mules maintained “that he should be permitted to continue his practice at the Maryland Tracks until he has exhausted his appeals from his criminal conviction.” On the appeal before this Court, he presents the question:
“Under Rule <IP_ADDRESS> of the Maryland Racing Commission which purports to allow the exclusion of any licensee of the Commission from the race tracks of this State upon ‘conviction of a crime,’ was it proper to bar the appellant, a veterinarian, from the tracks, upon the verdict and judgment in the United States District Court, where the appellant pursued a prompt and timely appeal therefrom?”
He argues that the action of the Commission was improper pending appellate determinations.
As consistent as Mules’ position have been the decisions thereon below. The chancellor in the injunction proceeding remarked: “I might add that in my judgment the fact that the case has not yet gone through the appellate procedures does not affect the fact that Dr. Mules has been convicted of a crime, which in and of itself shows he is not worthy of access to race tracks.” The Commission, in making its determination said: “While the Rules of Racing do not define ‘conviction of a crime’, -. . . the Commission’s broad discretionary powers permit it to conclude that a finding of guilt by a jury in the United States District Court meets the definition of a ‘conviction of a crime’.” Although pointing out that “the Commission’s powers to refuse to issue a license may be based on grounds other than conviction of a crime”, the Commission made clear that the basis of its action was the convictions. It declared: “In summary, the Commission believes that Dr. Mules’ conviction in the United States District Court is sufficient cause for the Commission to refuse to grant him a license in the exercise of its broad discretionary powers to control all aspects of racing.” It later repeated this view: “[I]t is the Commission’s conclusion that Dr. Mules’ conviction in the United States District Court is sufficient cause to deny his application for a veterinarian’s license.” The judge on appeal below was of like mind. Observing that the Commission concluded that the finding of guilty by a jury in the federal court met the definition of “a conviction of a crime” as used in the Rules, he said: “A fortiori is this true when, as the evidence now shows, the verdict of the jury of ‘guilty’ was converted into a judgment of conviction and sentence.” The issue of what is meant by “conviction of a crime” in the contemplation of the Commission Rules is now before us.
The question is, does the phrase “has been convicted of a crime in any jurisdiction”, as used in Commission Rule <IP_ADDRESS>, contemplate that the provisions of the Rule may be invoked: (1) upon the entering of a verdict of guilty by a court or jury in a criminal action; or (2) upon the imposition of sentence on a verdict of guilty; or (3) upon the exhaustion of all direct appeal rights, that is when the judgment of conviction and sentence becomes final under the Linkletter formula.
The Mootness of the Case
The question whether the Commission was wrong in refusing to license Mules for the year 1975 would ordinarily be moot because it involves a license for a year which has ended. Comrs. of Vienna v. Phillips Co., 207 Md. 12, 19-20 (1955). We believe, however, that the circumstances here provide a justification for a conclusion of nonmootness. We adopt the rationale of Roe v. Wade, 410 U. S. 113 (1973). In Roe an action was brought for declaratory and injunctive relief respecting Texas criminal abortion laws which were claimed to be unconstitutional. The action was instituted by Jane Roe, unmarried and pregnant, who alleged that she was unable to obtain a legal abortion in Texas. The record did not disclose that she was pregnant at the time of the district court hearing or when the opinion and judgment were filed, and the rule in federal cases was that an actual controversy must exist at stages of appellate or certiorari review and not simply at the date action is initiated. It was suggested that the case had become moot because Jane Roe and all other members of her class were no longer subject to any pregnancy which existed when the action was filed. The Court said, at 125:
“But when, as here, pregnancy is a significant fact in the litigation, the normal 266-day human gestation period is so short that the pregnancy will come to term before the usual appellate process is complete. If that termination makes a case moot, pregnancy litigation seldom will survive much beyond the trial stage, and appellate review will be effectively denied. Our law should not be that rigid. Pregnancy often comes more than once to the same woman, and in the general population, if man is to survive, it will always be with us. Pregnancy provides a classic justification for a conclusion of nonmootness. It truly could be ‘capable of repetition, yet evading review’.”
The denial of a license to Mules could certainly be “capable of repetition, yet evading review,”'on the point he presents. If he applies for a license for 1976, and the application is denied, and he exercises his appellate rights, that denial may also become moot by the passage of the calendar year before appellate determinations. But even if we did not think that a conclusion of nonmootness was justified, we would be constrained to express our opinion in the issue. The Court of Appeals did so in Comrs. of Vienna v. Phillips Co., supra, despite the mootness of the case due to the fact that it involved a license for a year which had ended, “because of the continued vitality of the question and of the controversy and because the ordinance continues in force.” 207 Md., at 19. The question and controversy here have continued vitality and the relevant Rules continue in force. We shall look at the merits of the issue.
DECISION
The Commission refused to consider Mules’ convictions “in the simple terms of a failure in character or personal habits,” and declined to accept his suggestion that they were mere technical violations of the law. It noted that its concern “for the scrupulous and exact management of narcotic drugs is amply illustrated in its rules. . . .” It said that it “must view seriously the fact that these violations of, federal statutes involved the mismanagement and deceit in connection with a narcotic drug.” See note 10, supra. It considered “the failure to keep accurate records on a controlled substance such as cocaine as a serious breach of the standards that it requires of a veterinarian practicing at tracks under its jurisdiction.” It pointed out that it “has a continuing concern for the strict regulation and record keeping for all controlled substances that may be administered to thoroughbred horses.” The Commission therefore believed that although its Rules did not define “conviction of a crime”, “the import of the Rules when viewed with the Commission’s broad discretionary powers permit it to conclude that a finding of guilty by a jury in the United States District Court meets the definition of a ‘conviction of a crime’.” The court below on appeal was in complete agreement. We are also. We find that “conviction of a crime in any jurisdiction”, as used in Commission Rule <IP_ADDRESS>, contemplates that the Rule may be invoked upon the entering of a verdict of guilty in a criminal action in a court of competent jurisdiction.
“Horse racing is an endeavor and undertaking that necessarily must be the subject of intensive, extensive and minute regulation.... It exists only because it is financed by the receipts from controlled legalized gambling which must be kept as far above suspicion as possible, not only to sustain and profit the racing fraternity but to feed substantial, although by today’s standards relatively few, millions to the State’s revenues. Not surprisingly the legislature has given the Commission full power to control racing.” Jacobson v. Md. Racing Comm’n., 261 Md. 180, 183 (1971). One of the ways the Commission controls racing is through its Rules. It may make such rules generally regulating all matters pertaining to horse racing, and regulating the conduct of all persons, individuals, associations, or corporations, holding or conducting horse race meetings within Maryland, and the conduct of all owners, trainers, jockeys, jockeys’ agents, grooms, or other persons, including veterinarians, who participate in racing at the meetings. Commission Rule <IP_ADDRESS>. The manifest object of the Rules is to insure that horse racing “may be conducted fairly, decently and clean . . . .” Mahoney v. Byers, 187 Md. 81, 84 (1946).
In making our determination of the meaning of “convicted of a crime”, we are strongly persuaded by the view of the Commission. Not only is the general rule that courts are not permitted to substitute their judgment for the expertise of those persons who constitute the administrative agency from which the appeal is taken, Grosman v. Real Estate Comm’n., 267 Md. 259, 265 (1972), and see Code, art. 41, § 252 (d), but the authority of the Commission to construe its own Rules is compatible with the full power the General Assembly bestowed upon it to control horse racing. Further, it is patent that the interpretation adopted by the Commission is not only consistent with, but essential to, its function and duty to see that horse racing is conducted fairly, decently and cleanly. The nature of the crime here, as the Commission believed, clearly could bear a direct and substantial relationship to horse racing. To permit a person to practice veterinary medicine at the tracks, after being found guilty of such a crime, during the protracted period of time it takes to exhaust appellate procedures would be contrary to the public interest. We find support for the view that “conviction of a crime” is satisfied upon the rendering of a verdict of guilty in the Rules themselves. Commission Rule <IP_ADDRESS>, sets out in full in note 9 supra, recognizing the need for prompt action to preserve the integrity of horse racing, provides that when a person subject to the jurisdiction of the Commission “is formally charged with violation of . . . any criminal statute of this or any other State, the Commission may suspend him until the charge has been tried, dismissed or otherwise disposed of.” Unless the charge is dismissed or otherwise disposed of, the suspension is authorized until the person is “tried” thereon. If “conviction of a crime” required exhaustion of all appeal remedies, there would be a vacuum between the trial resulting in a verdict of guilty and the “conviction.” During that period the suspension would not be in effect, and the Commission would be powerless to act. Patently, this was not the intent of the Rules.
Mules also claims that <IP_ADDRESS> of the Commission Rules is “void per se with respect to the phrase ‘convicted of a crime’, for overbreadth and vagueness” and that the application to him was “unauthorized, unreasonable, and invalid” because the misconduct attributed to him “was unrelated to the conduct of horse racing.” We have indicated that the Commission found that the crimes of which he was convicted were very much related to the conduct of horse racing and particularly so with respect to a veterinarian licensed to treat horses at the tracks. As the Commission pointed out, its concern was manifest from its Rules concerning controlled substances and medication and treatment of horses at the meetings. We are in full accord with the belief of the Commission. We find that the misconduct of Mules was related to the conduct of horse racing, and that the application of <IP_ADDRESS> to him was not, for that reason, unauthorized, unreasonable and invalid.
As to <IP_ADDRESS> being void per se with respect to “convicted of a crime” for overbreadth and vagueness, we note initially that the Court of Appeals has determined that, “except in rare instances, [the doctrine of vagueness] is applicable only in criminal cases.” Maryland National Capital Pk. & Pln’g. Comm’n. v. Rockville, 272 Md. 550, 559 (1974). The Court said:
“The constitutional requirement of definiteness is violated by a criminal statute that fails to give a person of ordinary intelligence fair notice that his contemplated conduct is forbidden by the statute. . . . [N]o man shall be held criminally responsible for conduct which he could not reasonably understand to be proscribed, [emphasis added]” 272 Md. at 559, quoting U. S. v. Harriss, 347 U. S. 612, 617 (1954).
The Court of Appeals noted that in the rare instance of a civil statute held to be unconstitutionally vague, what had been imposed was the “ ‘exaction of obedience to a rule or standard which was so vague and indefinite as to really be no rule or standard at all.’ ” Small Co. v. American Sugar Ref. Co., 267 U. S. 233, 239 (1925) quoted in 272 Md. at 559.
In any event, <IP_ADDRESS> is not vague as applied to Mules. He was convicted of specific offenses, serious in nature, and related to the proper conduct of horse racing. He cannot maintain that some other veterinarian, who has been convicted of a mere traffic offense, could be refused a license to practice at the tracks. In other words, the application of the Rule is constitutional as to Mules, and he may not attack it on the ground that as applied to others under other circumstances, it might be unconstitutional. The Supreme Court expressed it thus in Broadrick v. Oklahoma, 413 U. S. 601, 610 (1973):
“Embedded in the traditional rules governing constitutional adjudication is the principle that a person to whom a statute may constitutionally be applied will not be heard to challenge that statute on the ground that it may conceivably be applied unconstitutionally to others, in situations not before the Court.”
Or, as Mr. Justice Holmes said: “If there is any difficulty ... it will be time enough to consider it when raised by someone whom it concerns.” United States v. Wurzbach, 280 U. S. 396, 399 (1930). See United States v. Raines, 362 U. S. 17, 21-22 (1960). We have announced our accord with this principle and applied it. Colburn v. Colburn, 20 Md. App. 346, 354 (1974); Minner v. Minner, 19 Md. App. 154, 158 (1973). Mules supplies no valid reason to depart from it.
The scope of judicial review of actions of administrative agencies is delineated in Code, art. 41, § 255 (g). It contains eight reasons why a decision of an agency may be reversed or modified. None apply so as to give occasion to reverse or modify the decision here. The court below was right in affirming it.
Order of 21 July 1975 of the Circuit Court for Baltimore County affirmed; costs to be paid by appellant.
. The United States v. Dr. Donald E. Mules, DVM, DEA Registrant #AM 1531309, Criminal Docket No. 74-0336-N.
. Mules was charged under an eight count indictment and found guilty of the offenses presented in the 1st, 2nd, 4th, 6th, 7th and 8th counts: failing to keep and furnish complete and accurate records for cocaine as required by Title 21, U. S. Code, § 828 (a) (c) (2); failing to keep on a current basis accurate records for dispensing cocaine in violation of Title 21, U. S. Code, § 827 (a) (3) (b); knowingly and willfully making false and fraudulent representations to an agent of the Drug Enforcement Administration in violation of Title 18, U. S. Code, § 1-001; knowingly and intentionally furnishing fraudulent material information in the form of records required to be kept under Title 21, U. S. Code, § 843 (a) (4); and omitting material information from the record required to be kept under Title 21, U. S. Code, § 827 (a) (3) in violation of Title 21, U. S. Code, § 843 (a) (4).
. The docket entry under date of 24 March 1975 reads:
“Judgment: That the Defendant is hereby committed to the custody of the Attorney General or his authorized representative for imprisonment for a period of One (1) Year as to each of Counts Nos. 1 and 2, Imprisonment for a period of Three (3) Years as to each of Counts Nos. 4, 6, 7 and 8. Said sentence as to Counts Nos. 1, 2, 4, 6, 7 and 8 to run concurrently, making a total term of imprisonment of Three (3) Years; Upon a Jury Verdict of ‘Not Guilty’ as to each of Counts Nos. 3 and 5, a Judgment of Acquittal is entered by the Court, Order (Northrop, C. J. — Dated March 20, 1975)”
. Formerly Code, art. 43, §§ 150-157. For what “practice of veterinary medicine” includes and does not include, see Agricultural Art. § 2-301 (f) and (g).
. Maryland Agency Rules, .09 (Department of Licensing and Regulation) .10 (Maryland Racing Commission), hereinafter referred to as “Commission Rule”.
. The propriety of the equity proceedings is not before us.
. The Order was captioned: “Maryland Racing Commission v. Donald E. Mules, D.V.M.”
. Mules sought to stay the action of the Commission. His motion to that effect was denied by the Circuit Court for Baltimore County upon hearing on 10 February 1975. Md. Rule B6, § a.
. It is not clear what is meant by “privileges of the grounds.” Mules apparently construes it as denying him access to the tracks for he so complains in the Petition filed with his appeal to the Circuit Court. Commission Rule <IP_ADDRESS> reads:
“When any person subject to the jurisdiction of the Commission is formally charged with violation of the racing rules or any criminal statute of this or any other State, the Commission may suspend him until the charge, has been tried, dismissed or otherwise disposed of. When a person subject to the jurisdiction of the Commission is convicted of a criminal offense, in this or any other State, or the United States, the Commission may rule him off.”
Whether the Commission intended to “rule him off’, denying Mules any and all access to the tracks, or whether it intended to deny him merely the privileges of the grounds insofar as such privileges were necessary to the practice of veterinary medicine by him, was not established. In any event, Mules presents no question as to Commission Rule <IP_ADDRESS> in the appeal before us.
. The Commission expressed its evaluation of Dr. Mules’ testimony:
“The gist of Dr. Mules’ testimony before the Commission conveyed the highly technical nature of the crimes with which he was charged and found guilty in the United States District Court. However, the Commission must view seriously the fact that these violations of Federal statutes involved the mismanagement and deceit in connection with a narcotic drug. The Commission's concern for the scrupulous and exact management of narcotic drugs is amply illustrated in its rules and, therefore,' the Commission cannot view Dr. Mules’ conviction in the simple terms of a failure in character or personal habits.”
. For a discussion of mootness as applied in the judicial decisions of this State, see State v. Siegel, 13 Md. App. 444, 471-472 (1971), affirmed 266 Md. 256 (1972). We said, 13 Md. App. at 472, n. 29:
“The dismissal by courts of moot cases had been grounded at times on constitutional limitations of power. At other times they accept as a rule of decision governing the exercise of jurisdiction that a case which is moot will not be decided. In Lloyd [v. Supervisor of Elections, 206 Md. 36 (1954)] at 43 the Court found it unnecessary to decide whether its practice in dismissing appeals which were moot as to the parties, was because of a constitutional lack of power or whether it was the application of a rule of decision. It seems that the point is still left open. Board of Education v. Montgomery County, 237 Md. 191, 195; Board of Public Welfare v. Myers, 224 Md. 246, 251.”
. A pseudonym.
. When the Department of Licensing and Regulation was created as a principal department of the State government, Code, art. 41, § 221(a), the Maryland Racing Commission was included within it, Code, art. 41, § 221A (a). Section 221A (b) of art. 41 provided that the Department shall not have a board of review and that § 3C of the article, requiring that appeals from decisions of departments or agencies included within a department be heard by such a board, was inapplicable. Therefore, any party aggrieved by a final decision of the Commission is, by Code, art. 41 § 255 (a), entitled to judicial review as provided by § 255. But see, Code, art. 78B, § 10, as to licenses for the holding of a racing meeting. Proceedings for review shall be instituted in the circuit court of the county or in the Baltimore City Court, as the case may be, either where any party resides or has a principal place of business, § 255 (b). Review of any final judgment of those courts may be obtained by appeal to the Court of Special Appeals. Code, art. 41, § 256; Courts Art. § 12-308. Mules followed this course.
. See, for example, subsections .04, .05 and .08 of Commission Rule 09.10.11 and subsections .02, .04, .06, .10, and .10-1 of 09.10.46.
. In Comptroller v. Rockhill, Inc., 205 Md. 226, 234 (1954), the Court said:
“There are several different classes of administrative rules. Some are legislative rules, which receive statutory force upon going into effect. Others are interpretative rules, which only interpret the statute to guide the administrative agency in the performance of its duties until directed otherwise by decisions of the courts. Some rules are merely rules of procedure. Others implement the statute by stating the policy by which the agency will be governed in the exercise of its authority.”
We think that the Commission Rules are by nature legislative rules which received statutory force upon going into effect.
. We observe that the authority of the Commission to refuse to issue or renew a license under Commission Rule <IP_ADDRESS> is discretionary. Thus, the nature of the crime of which an applicant is convicted may be considered by the Commission.
. “Racing indeed is not ‘a strictly private business’.” Greenfeld v. Md. Jockey Club, 190 Md. 96, 104 (1948). “The state has at least two substantial interests to be served. It has a humanitarian interest in protecting the health of the horse, and it has a broader and more weighty interest in protecting the purity of the sport, both from the standpoint of protecting its own substantial revenues derived from taxes on legalized pari-mutuel betting and protecting patrons of the sport from being defrauded.” Hubel, et al. v. The West Virginia Racing Commission, 513 F. 2d 240, 243 (4th Cir., 1975.)
. State v. Rappaport, 211 Md. 523 (1957), on which Mules heavily relies, held that a person whose sentence had been suspended after a verdict of guilty in a New York criminal proceeding had not been convicted for purposes of Code, art. 33, § 193. Rappaport does not compel a decision contrary to that which we have reached in the circumstances of the instant case.
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CASELAW
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Analyze HDX Bandwidth
This script measures the bandwidth of a given active HDX session, and breaks down the bandwidth consumption into the most useable ICA virtual channels. The output shows the bandwidth usage in kbps (kilobits per second) of each virtual channel and the total session. This version shows only the session output (download), and not the upload.
Version 1.2.27
Created on 2016-06-26
Modified on 2016-06-27
Created by Matan Nataf
Downloads: 1638
The Script Copy Script Copied to clipboard
<#
.SYNOPSIS
This script shows th network bandwidth used by a given HDX session.
.DESCRIPTION
This script measures the bandwidth of a given active HDX session, and breaks down the bandwidth consumption into the most useable ICA virtual channels.
The output shows the bandwidth usage in kbps (kilobit per second) of each virtual channel and the total session.
This version shows only the session output (download), and not the upload.
.PARAMETER
This script has 3 parameters:
ServerName - The target server that the script should run on.
SessionName - the name of the session from the ControlUp Console(e.g. ICA-TCP#1, ICA-CGP#2)
UserName - the user name from the console. (e.g. controlup\matan).
The 2 parameters create the session name like the Get-Counter command requires.
.EXAMPLE
./AnalyzeHDXbandwidth.ps1 "ICA-TCP#2" "controlup\matan" "cuxen65ts03"
.OUTPUTS
A list of the measured virtual channels with the bandwidth consumption in kbps.
.LINK
See http://www.ControlUp.com
#>
#Defininig all the paramerters from the console
$originalSession = $args[0].ToString().Replace("#" , " ")
if($originalSession.StartsWith("RDP")){
Write-Host "This is an RDP session, Please re-run the script against an HDX session"
exit 1
}
$username = $args[1].ToString().Split("\")
$servername = $args[2]
#######################
#defining the correct session name to the Get-Counter command session naming convenstion
$correctUserName = $username[1]
$sessionname = "$originalSession ($correctUserName)"
$Samples = 10
$queries = Get-Counter -ComputerName $servername -Counter "\ICA Session($sessionname)\Output ThinWire Bandwidth","\ICA Session($sessionname)\Output Audio Bandwidth", "\ICA Session($sessionname)\Output TWAIN Bandwidth","\ICA Session($sessionname)\Output COM Bandwidth","ICA Session($sessionname)\Output Drive Bandwidth", "\ICA Session($sessionname)\Output Printer Bandwidth" , "\ICA Session($sessionname)\Output Clipboard Bandwidth", "\ICA Session($sessionname)\Output Session Bandwidth" -SampleInterval 1 -MaxSamples $Samples
$ThinWire = 0
$Audio = 0
$TWAIN = 0
$COMPORT = 0
$Drive = 0
$printer = 0
$ClipBoard = 0
$total = 0
foreach($querie in $queries){
$ThinWire += $querie.CounterSamples[0].CookedValue
$Audio += $querie.CounterSamples[1].CookedValue
$TWAIN += $querie.CounterSamples[2].CookedValue
$COMPORT += $querie.CounterSamples[3].CookedValue
$Drive += $querie.CounterSamples[4].CookedValue
$printer += $querie.CounterSamples[5].CookedValue
$ClipBoard += $querie.CounterSamples[6].CookedValue
$total += $querie.CounterSamples[7].CookedValue
}
Write-Host "__________________________________________________________________________"
Write-Host "Average Download Bandwidth for session: .::$sessionname::."
Write-Host "--------------------------------------------------------------------------"
$ThinWire = $ThinWire / $Samples / 1024
$rounded = [math]::Round($ThinWire)
Write-Host "Thinwire Bandwidth`t`t:" $rounded "kbps"
$Audio = $Audio / $Samples / 1024
$rounded = [math]::Round($Audio)
Write-Host "Audio Bandwidth`t`t`t:"$rounded "kbps"
$TWAIN = $TWAIN / $Samples / 1024
$rounded = [math]::Round($TWAIN)
Write-Host "TWAIN Devices Bandwidth`t`t:"$rounded "kbps"
$COMPORT = $COMPORT / $Samples / 1024
$rounded = [math]::Round($COMPORT)
Write-Host "COM Port Bandwidth`t`t:"$rounded "kbps"
$Drive = $Drive / $Samples / 1024
$rounded = [math]::Round($Drive)
Write-Host "Drive Bandwidth`t`t`t:"$rounded "kbps"
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ESSENTIALAI-STEM
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Charles B. ERWIN, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee, v. Stephen C. Coggin; William G. Pintner; James Barry Light; Hartsell B. Light, Jr., Third Party Defendants.
No. 08-1564.
United States Court of Appeals, Fourth Circuit.
Argued: Sept. 23, 2009.
Decided: Jan. 13, 2010.
ARGUED: Emma Claire Merritt, Tuggle, Duggins & Meschan, PA, Greensboro, North Carolina, for Appellant. Christine Durney Mason, United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: J. Nathan Duggins, III, Tuggle, Duggins & Meschan, PA, Greensboro, North Carolina, for Appellant. John A. DiCicco, Acting Assistant Attorney General, Kenneth L. Greene, United States Department of Justice, Washington, D.C.; Anna Mills S. Wagoner, United States Attorney, Greensboro, North Carolina, for Appellee.
Before MOTZ, Circuit Judge, HAMILTON, Senior Circuit Judge, and Irene M. KEELEY, United States District Judge for the Northern District of West Virginia, sitting by designation.
Affirmed by published opinion. Judge MOTZ wrote the majority opinion, in which Judge KEELEY joined. Senior Judge HAMILTON wrote a dissenting opinion.
OPINION
DIANA GRIBBON MOTZ, Circuit Judge:
This appeal arises from the district court’s imposition of personal liability on Charles Erwin for payroll withholding taxes owed by GC Affordable Dining, Inc. (“GCAD”). Erwin owned a one-third interest in GCAD and served as a GCAD corporate officer and director, and, on behalf of GCAD, selected business sites, hired and fired employees, and negotiated and personally guaranteed loans and other contracts for the company. The district court held as a matter of law that Erwin (1) was responsible for payment of these taxes and (2) willfully failed to pay them. Erwin challenges both holdings on appeal. For the reasons that follow, we affirm.
I.
Over the last 25 years, Erwin, a North Carolina entrepreneur, has owned or operated at least 60 restaurants. In June 1994, Erwin joined with three other North Carolina businessmen — Geoffrey Grenert, Stephen Coggin, and John Miracle — to form GCAD, a franchisee of Golden Corral Franchising System, Inc. (“Golden Corral”). GCAD eventually opened and operated five Golden Corral restaurants.
At GCAD’s founding, Erwin and Grenert each owned one third of the corporate stock; Coggin and Miracle each owned one sixth of the stock. Shortly thereafter, Grenert left the enterprise; eventually, Miracle sold his interest in GCAD to Mark Cole. But at all times, Erwin retained at least a one-third interest in the company.
In addition to owning all of the corporate stock in GCAD, Erwin and his partners served as its directors and officers. Coggin served as president, Miracle (and later Cole) as vice president, and Erwin as vice president, secretary, and treasurer. The partners hired two managers to oversee day-to-day operations, payroll, and accounting.
In early 1995, Erwin and his partners— along with their wives — personally guaranteed construction and operating lines of credit with First Union Bank for GCAD. Erwin and his partners also secured a construction line of credit for a corporation, Tiffany, LLC, which they established as a flow-through real estate holding company for GCAD. Tiffany leased or purchased land and equipment for the restaurants; GCAD, in turn, leased the land and equipment from Tiffany.
Erwin participated in selecting sites for the restaurants and signed lease-related documents for all restaurant locations on behalf of both Tiffany and GCAD. Erwin also personally guaranteed rent payments on at least four of the leases, and personally guaranteed lines of credit from food vendors for the benefit of the GCAD restaurants.
Despite early profits, the GCAD restaurants soon began to lose money. In January 1997, Erwin and his partners decided to fire one of the original day-to-day managers and consolidate operations under the other. Erwin expressly acknowledged his “involve[ment]” in both decisions. During 1997, Erwin conferred at least weekly with Coggin regarding GCAD’s affairs. Moreover, Erwin and his partners met monthly during 1997, and at least quarterly in 1998, to discuss GCAD matters. In an effort to improve business, Erwin also visited the GCAD restaurants and met with store managers during 1997 and 1998.
Unfortunately, business did not improve. GCAD had a negative operating cash flow of $2 million by the end of 1997, and thus had difficulty paying its creditors. In early 1998, Erwin and Coggin negotiated a payment plan to settle GCAD debts owed to one food vendor, LoPresti, with whom Erwin had personally guaranteed GCAD’s line of credit.
During this period, Erwin and his partners decided to replace the remaining original manager with William Pintner, a seasoned Golden Corral employee. On a weekly basis, Pintner and Erwin discussed sales figures and strategies to increase profits. Early in Pintner’s tenure, he recommended that the partners fire their accountant and hire Barry and Buddy Light (the “Light brothers”) to handle accounting and payroll for GCAD; the partners followed this advice.
Despite these efforts, GCAD continued to lose money. In December 1998, Erwin and his partners learned that the Light brothers had failed to pay the entire quarterly payroll tax withholdings for the third quarter of 1998. The partners made a capital call for approximately $150,000 and wired the money to the Light brothers with instructions. Erwin, who contributed $95,000 of the $150,000, testified that he personally instructed the Light brothers “that absolutely under no circumstances whatsoever were [the Light brothers] ever to be late with any taxes.” Despite Erwin’s admonition, the Light brothers failed to pay in full the payroll taxes for the fourth quarter of 1998.
Coggin testified that in late 1998, he and Erwin also sent the Light brothers $50,000 for additional payment to the favored food vendor, LoPresti, and instructed the Light brothers not to pay the rent because Erwin and Coggin themselves would handle the rent payments directly. Erwin never testified to the contrary.
Also in late 1998, Erwin became involved in negotiations — which became final in May 1999 — to release GCAD from obligations under one of its leases. The landlord, seeking to terminate the lease to accommodate another party, agreed to wire $1.65 million to CNL American Properties Fund, Inc. (“CNL”), a company financing GCAD’s restaurant building and equipment, to cover rents GCAD owed CNL on that and other leases. At that time GCAD — and Erwin as personal guarantor — owed CNL substantial rental payments.
GCAD’s financial condition continued to worsen throughout 1999, and GCAD did not pay in full its withholding taxes for the first three quarters of that year. In August 1999, Erwin and his two partners learned of this latest delinquency. In December 1999, the partners made another capital contribution of $50,000 to help cure these deficiencies, but GCAD never paid the taxes in full. Nevertheless, Erwin and his partners continued to employ the Light brothers.
In February 2000, Erwin and his partners finally fired the Light brothers. After doing so, Erwin decided to take control of GCAD accounting functions, including payroll. He moved GCAD’s financial operations from Ohio to the North Carolina offices of his solely owned company, Chelda. After that time, GCAD remained current on its payroll withholding payments. In late 2000, Erwin became the 100 percent owner of GCAD; shortly thereafter he dissolved the corporation. Between August 1999 and the close of business in 2000, the GCAD restaurants generated approximately $5 million in sales revenue. Rather than paying the outstanding 1998 and 1999 tax deficiencies, however, GCAD continued to pay rent and supplier expenses. Erwin acknowledged that, pursuant to his direction, GCAD paid its landlord and suppliers rather than the IRS; he maintained that GCAD did so because this was the only way to remain in business.
Following the demise of GCAD, the IRS assessed tax deficiencies against Erwin in the amount of the unpaid payroll withholding taxes owed by GCAD. Erwin paid a portion of the assessed amounts and then brought this action against the United States to recover those amounts. The Government counterclaimed for $264,579, the amount of GCAD’s unpaid deficiencies from the fourth quarter of 1998 and the first three quarters of 1999, plus interest. The United States subsequently filed third-party complaints against Coggin, Pintner, and the Light brothers.
The parties filed cross motions for summary judgment. The district court, adopting the recommendation of the magistrate judge, denied Erwin’s motion and granted the Government’s. The court also granted the Government’s motions to issue a final judgment against Erwin and stay the proceedings against Coggin, Pintner, and the Light brothers pending the outcome of Erwin’s anticipated appeal.
Erwin timely noted this appeal.
II.
The Internal Revenue Code requires employers to withhold social security and federal excise taxes from their employees’ wages. See 26 U.S.C. §§ 3402(a), 3102(a) (2006); Plett v. United States, 185 F.3d 216, 218 (4th Cir.1999). The employer holds these monies in trust for the United States. 26 U.S.C. § 7501(a) (2006). Accordingly, courts often refer to the withheld amounts as “trust fund taxes”; these monies exist for the exclusive use of the government, not the employer. See Plett, 185 F.3d at 218. Payment of these trust fund taxes is “no[t] excusefd]” merely because “as a matter of sound business judgment, the money was paid to suppliers ... in order to keep the corporation operating as a going concern — the government cannot be made an unwilling partner in a floundering business.” Collins v. United States, 848 F.2d 740, 741-42 (6th Cir.1988).
The Code “assure[s] compliance by the employer with its obligation ... to pay” trust fund taxes by imposing personal liability on officers or agents of the employer responsible for “the employer’s decisions regarding withholding and payment” of the taxes. Slodov v. United States, 436 U.S. 238, 247, 98 S.Ct. 1778, 56 L.Ed.2d 251 (1978) (interpreting 26 U.S.C. § 6672 (2006)). To that end, § 6672(a) of the Code provides that “[a]ny person required to collect, truthfully account for, and pay over any tax ... who willfully fails” to do so shall be personally liable for “a penalty equal to the total amount of the tax evaded, or not ... paid over.” 26 U.S.C. § 6672(a). Although labeled as a “penalty,” § 6672 does not actually punish; rather, it “brings to the government only the same amount to which it was entitled by way of the tax.” Turnbull v. United States, 929 F.2d 173, 178 n. 6 (5th Cir.1991) (internal quotation marks omitted).
Personal liability for a corporation’s trust fund taxes extends to any person who (1) is “responsible” for collection and payment of those taxes, and (2) “willfully fail[s]” to see that the taxes are paid. Plett, 185 F.3d at 218; O’Connor v. United States, 956 F.2d 48, 50 (4th Cir.1992). Once the Government assesses a taxpayer for this liability, the taxpayer has the burden of proof at trial on both elements of § 6672 liability. See O’Connor, 956 F.2d at 50.
But we review de novo a district court’s grant of summary judgment to the Government, resolving all disputed facts in favor of the taxpayer. See O’Connor, 956 F.2d at 50. Of course, to defeat summary judgment, the taxpayer (like any other litigant) must identify an error of law or a genuine issue of material fact; the taxpayer cannot create a material fact by reliance on conclusory allegations or bare denials. See Fed.R.Civ.P. 56(c), (e); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); see also Bouchat v. Balt. Ravens Football Club, Inc., 346 F.3d 514, 522 (4th Cir.2003). Moreover, a material fact is one “that might affect the outcome of the suit under the governing law.” Anderson, 477 U.S. at 248, 106 S.Ct. 2505.
“[I]n the absence of disputed material facts, summary judgment represents a favored mechanism to secure the ‘just, speedy, and inexpensive determination’ ” of taxpayer liability under § 6672. Plett, 185 F.3d at 223 (quoting Fed.R.Civ.P. 1); see also Barnett v. IRS, 988 F.2d 1449, 1454 & n. 10 (5th Cir.1993) (stating that, although the facts in a § 6672 analysis are critical, “extensive caselaw ... narrowly constrains a factfinder’s province in § 6672 cases,” and noting that for this reason “countless courts have found responsibility [for purposes of § 6672] as a matter of law”).
With these principles in mind, we turn to Erwin’s contention that the district court erred in holding, as a matter of law, that Erwin (1) was a person responsible for the payment of GCAD’s withholding taxes, and (2) willfully failed to pay those taxes. We consider each argument in turn.
III.
Although the Code defines a responsible person as one “required to collect, truthfully account for, and pay over any tax,” 26 U.S.C. § 6672(a) (emphasis added), the Supreme Court has interpreted this language to apply to all “persons responsible for collection of third-party taxes and not ... [only] to those persons in a position to perform all three of the enumerated duties.” Slodov, 436 U.S. at 250, 98 S.Ct. 1778. Thus, the Code deems anyone required to “collect” or “account for” or “remit” taxes a “responsible person” for purposes of § 6672. See Plett, 185 F.3d at 219.
More than one person may be held responsible for a corporation’s payroll taxes. Indeed, “[t]he term ‘responsible person’ is broad and may include many individuals connected with a corporation.” O’Connor, 956 F.2d at 50; see also Barnett, 988 F.2d at 1455 (“[T]here usually are ... multiple responsible persons in any company.”). Assessing whether a “person has the statutorily imposed duty to make the tax payments” constitutes the “key element” in determining responsible person status. O’Connor, 956 F.2d at 51. “This duty is considered in light of the person’s authority over an enterprise’s finances or general decision making[,] ... [and] is generally found in high corporate officials charged with general control over corporate business affairs who participate in decisions concerning payment of creditors and disbursement of funds.” Id. (citation omitted).
Titular authority alone does not establish responsible person status. Rather, the proper inquiry focuses “on substance rather than form.” Id. “The substance of the circumstances must be such that the officer exercises and uses his authority over financial affairs or general management, or is under a duty to do so, before that officer can be deemed to be a responsible person.” Id. Put another way, the essential inquiry is whether a person has significant, but not necessarily exclusive, authority over corporate finances or management decisions. See Plett, 185 F.3d at 222; see also Kinnie v. United States, 994 F.2d 279, 283-84 (6th Cir.1993).
We have developed a non-exhaustive list of factors to consider in determining whether “the substance of the circumstances” establishes responsible person status under § 6672. Thus, we examine whether the employee (1) served as an officer or director of the company; (2) controlled the company’s payroll; (3) determined which creditors to pay and when to pay them; (4) participated in the corporation’s day-to-day management; (5) had the ability to hire and fire employees; and (6) possessed the power to write checks. Plett, 185 F.3d at 219; see also O’Connor, 956 F.2d at 51. No single factor controls; rather, we consider the “totality of the circumstances.” See Vinick v. United States, 205 F.3d 1, 8 (1st Cir.2000); see also Barnett, 988 F.2d at 1455; O’Connor, 956 F.2d at 51.
In this case, the undisputed facts demonstrate that Erwin was a “responsible person” for § 6672 purposes with respect to GCAD’s payroll taxes. While not every Plett factor so indicates, most do. Moreover, the totality of the circumstances conclusively establishes that Erwin had the “effective power” to pay the taxes owed by GCAD. Barnett, 988 F.2d at 1454.
As to the first factor, it is undisputed that Erwin founded and served as an officer of GCAD. In fact, Erwin continually served as secretary, treasurer, vice-president, and director of the corporation throughout its existence and, at all times, owned at least a one-third interest in GCAD. Although Erwin asserts that he acted as a mere “passive investor!] who contributed capital and [only] held the title[s] to protect his interest in the venture,” the evidence establishes that in fact his involvement in GCAD was substantial. Erwin was the only GCAD owner with any experience in the restaurant business, and he himself acknowledged in deposition his active involvement in corporate decisions.
With respect to the second factor, although Erwin and his two partners did not directly manage GCAD’s payroll, they exercised substantial supervisory authority over the management team — Pintner and the Light brothers — who did control payroll. Moreover, Erwin conceded that he participated in setting financial policy for GCAD and, on occasion, directed payment of GCAD’s withholding taxes. See Kinnie, 994 F.2d at 284 (stating that a taxpayer need not “always exercise his powers” to remain responsible for seeing that withholding taxes are paid, and “may not escape liability by delegating the task of paying over the taxes to someone else”).
Furthermore, within months of learning of GCAD’s tax deficiencies, Erwin took complete control of GCAD’s financial operations, which establishes his authority to do so. Erwin himself had no doubt as to his authority over the company’s payroll, testifying that, had he learned of the Light brothers’ failures to remit payroll withholding taxes during the first quarter of 1999, “a lot of things would have happened differently.” Erwin testified that he would have taken remedial action at that time, noting that “as soon as [he] did find out” about the deficiencies, “[he] did bring all the accounting back to [his] office.” Although Erwin did not seize control of GCAD during the tax periods at issue here, his subsequent exercise of authority over all of GCAD’s financial operations certainly “cast[s] light on” the question of whether he was “a responsible person” during those periods. Vinick, 205 F.3d at 11 n. 8.
With respect to the third factor, the undisputed facts demonstrate that Erwin, along with Coggin, indeed determined, on more than one occasion, which GCAD creditors to pay and when to pay them. In January 1998, Erwin and Coggin negotiated a payment plan with a food vendor, LoPresti, to pay debt owed by GCAD on a line of credit, which Erwin had personally guaranteed. Later in that same year, Erwin and Coggin infused $50,000 into GCAD, directing more payments to LoPresti and (according to Coggin and undisputed by Erwin himself) took over the rent payments to CNL, a GCAD landlord whose rent payments Erwin had also personally guaranteed. Moreover, from December 1998 through May 1999, Erwin, along with Coggin, negotiated a buy-out of one of GCAD’s leases, which resulted in an additional payment of $1.65 million to CNL to cover rent owed on that and other leases.
Thus, during the tax periods at issue, Erwin actively negotiated substantial payments to GCAD creditors on lines of credit and loans, some of which he had personally guaranteed. Erwin’s personal guarantees of these lines of credit and other debts do not alone establish his status as a responsible person. But the undisputed evidence that Erwin negotiated payments to these preferred creditors offers additional strong support for the conclusion that he “use[d] his authority over financial affairs” of GCAD. O’Connor, 956 F.2d at 51. In this way, he again acted as a “responsible person” for purposes of § 6672 during the tax periods in question.
GCAD’s dealings with the IRS further demonstrate Erwin’s control over the company’s financial priorities. In December 1998 and again in December 1999, Erwin and his partners infused capital into GCAD and explicitly directed the Light brothers to use that money to pay back taxes. Erwin testified that he personally instructed the Light brothers to stay current with GCAD’s payroll withholdings. Erwin also testified that in 2000, when GCAD had significant revenues, he made the business decision to keep the restaurants’ doors open by paying the landlord and suppliers instead of paying the back taxes that GCAD owed from previous years.
As to the fourth factor, Erwin did not play the most active role in the day-today management of the corporation during the relevant tax periods; rather he delegated much day-to-day authority to others. But, of course, “delegation will not relieve one of responsibility.” Purcell v. United States, 1 F.3d 932, 937 (9th Cir.1993); see also Kinnie, 994 F.2d at 284. Moreover, the undisputed facts establish that Erwin did involve himself in the company’s general decision making and never was, as he claims, a mere passive investor. Cf. O’Connor, 956 F.2d at 51-52 (finding question of fact as to responsible person status when “passive investor” did not exercise authority in managing the company, did not dictate the financial decisions of the company, and had no authority to do so).
Erwin helped to choose sites for the corporation’s restaurants, negotiated and signed leases and other contracts on behalf of the corporation, personally guaranteed lines of credit and rent payments for the corporation, met with its restaurant managers, and involved himself in negotiating payment plans and buy-outs with corporate creditors. Thus, albeit to a lesser extent than others, Erwin participated in the day-to-day management of the corporation.
Consideration of the fifth factor — hiring and firing power — also demonstrates that Erwin was a “responsible person” for § 6672 purposes. Erwin himself acknowledged that he was involved in the hiring and firing of both sets of accountants and of all upper-level management. Indeed, in early 2000 Erwin took full control of the company’s operations and ultimately made the decision to close GCAD. Of course the latter conduct did not occur during the tax periods in issue, but it is nonetheless relevant in establishing that Erwin was a consistently active presence in important personnel decisions at GCAD during its entire existence.
With respect to the sixth factor, we agree with Erwin that the record does not demonstrate that he had check-writing authority for GCAD during the relevant tax periods. Although this factor weighs in favor of Erwin, we must consider it in the “totality of the circumstances.” See Vinick, 205 F.3d at 8; see also Barnett, 988 F.2d at 1455; O’Connor, 956 F.2d at 51. Those circumstances include inter alia Erwin’s exercise of authority over GCAD’s finances by directing certain payments to privileged creditors during the tax periods in question, and taking over GCAD’s day-to-day financial operations and exercise of ultimate check-writing authority immediately after the tax periods in question. Taken together, the undisputed facts of the case clearly evidence that during the relevant tax periods Erwin had the power to exercise check-writing authority had he chosen to do so. Compare Plett, 185 F.3d at 222 (finding “financial control ... indisputably in the hands of [the taxpayer]”), with Vinick, 205 F.3d at 11 (explaining that determining responsibility goes to “the central question of power” and emphasizing that “[a]t no time did [the taxpayer] exercise any decision-making authority over which creditors [the corporation] paid”).
Although in some cases questions as to responsible person status under § 6672 cannot be resolved at summary judgment, see, e.g., O’Connor, 956 F.2d at 51-52, in this case they surely can. Given the undisputed facts here, we can only conclude that the Government demonstrated Erwin’s responsible person status as a matter of law.
We note that other courts have reached precisely the same conclusion in considering similar facts. See, e.g., Jefferson v. United States, 546 F.3d 477, 481 (7th Cir.2008) (holding board president responsible person as a matter of law because he secured loans and directed past payment of taxes for the corporation, reviewed financial reports, and had check-signing authority); Thosteson v. United States, 331 F.3d 1294, 1299-1300 (11th Cir.2003) (holding corporate officer and stockholder a responsible person as a matter of law even though he had “limited check writing authority, up to only $750, without a countersignature”); Taylor v. IRS, 69 F.3d 411, 417 (10th Cir.1995) (holding corporate director and officer a responsible person as a matter of law because he “possessed sufficient control over corporate finances, had authority to borrow funds and write checks and thereby had the ‘effective power’ to pay the taxes” (quoting Barnett, 988 F.2d at 1454)); Greenberg v. United States, 46 F.3d 239, 243-44 (3d Cir.1994) (holding in-house controller a responsible person as a matter of law even though he took instructions from the controlling stockholder and “feared for his job were he to independently issue a check for the [tax] delinquency”); Kinnie, 994 F.2d at 284 (holding corporate vice president and fifty-percent shareholder a responsible person as a matter of law because he had check-signing authority, hired an accountant to review the books, and eventually took control of the business); Mazo v. United States, 591 F.2d 1151, 1156 (5th Cir.1979) (holding corporate stockholders, officers, and directors responsible persons as a matter of law even though others handled all day-to-day operations and prepared all corporate checks).
Erwin’s contention that others in the company may have been just as, or even more, responsible for GCAD’s failure to remit payroll taxes during the tax periods in issue does not free him from § 6672 liability. For § 6672 imposes liability on “all responsible persons, not just ... the most responsible person.” Turnbull, 929 F.2d at 178. Erwin’s own admissions conclusively demonstrate that he was a responsible person for § 6672 purposes during the relevant tax periods.
To summarize, Erwin admitted that at all times he owned at least one third of the stock of this closely-held corporation and served as its secretary, treasurer, vice president, and director. Erwin admitted that he signed loan documents and leases on behalf of the corporation, thus evidencing that he shared responsibility for establishing the corporation’s financial policy. Erwin admitted that he approved restaurant site selection and regularly reviewed sales data. Erwin admitted holding quarterly meetings with his partners and weekly telephone calls with the general manager to discuss the restaurants. Erwin admitted that he directed or negotiated payments to certain favored creditors to reduce GCAD debt, which he had personally guaranteed. Erwin admitted that he hired and fired upper-management employees, including GCAD’s accountants. Finally, although Erwin delegated many of the day-to-day financial responsibilities of the corporation to others, he admitted that he infused capital into GCAD and admonished the Light brothers, over whom he had significant control, to stay current with the company’s tax obligations.
In short, the undisputed facts — indeed Erwin’s own admissions — demonstrate, as a matter of law, that Erwin was a responsible person under § 6672 during the relevant tax periods.
IV.
Having found Erwin a “responsible person,” we turn to whether he “willfully” failed to collect, account for, or remit payroll taxes to the United States. Plett, 185 F.3d at 219. This inquiry focuses on whether Erwin had “knowledge of nonpayment or reckless disregard of whether the payments were being made.” Id. (quoting Turpin v. United States, 970 F.2d 1344, 1347 (4th Cir.1992)). A responsible person’s intentional preference for creditors other than the United States establishes willfulness as a matter of law; such an intentional preference occurs when the responsible person knows of or recklessly disregards an unpaid deficiency. Id.; Turpin, 970 F.2d at 1347.
By the end of 1998, Erwin knew that GCAD had financial difficulties. Indeed, in December 1998 Erwin made a special capital contribution to pay a tax delinquency from a prior quarter. At that time, Erwin also admonished the Light brothers to make timely payments in the future, but he did not monitor the situation personally to ensure future payment, nor did he advise the Light brothers to implement additional internal controls.
Although Erwin’s lack of oversight in all likelihood contributed to the Light brothers’ failure to remit payroll taxes for the fourth quarter of 1998 and the first three quarters of 1999, the record, viewed in the light most favorable to Erwin, does not support a finding — as a matter of law— that prior to August 1999 Erwin had actual knowledge that the Light brothers continually failed to pay GCAD’s payroll taxes. Thus, whether Erwin acted willfully during this time, as a matter of law, depends on whether he acted with “reckless disregard” of GCAD’s tax obligations. See Turpin, 970 F.2d at 1347.
Erwin claims that he thought that the Light brothers would obey his instruction to stay current with GCAD’s tax obligations, that Coggin was monitoring the Light brothers, and that the Light brothers were professionals with experience accounting for Golden Corral restaurants in the past. Arguably, a fact finder fully crediting this testimony might conclude that Erwin’s actions, although negligent, did not rise to the level of recklessness. See id. at 1347 n. 4 (“Mere negligence in failing to ascertain facts regarding a tax delinquency ... is insufficient to constitute willfulness under [§ ] 6672(a).” (internal quotation marks omitted)).
Even assuming, however, that Erwin did not act willfully prior to learning of the full extent of the tax deficiencies in August 1999, his conduct after that point unquestionably evidences willfulness as a matter of law. During the third quarter of 1999, GCAD paid just a fraction of its payroll tax liability. Although Erwin and Coggin each made capital contributions to cover the deficiency in December 1999, GCAD still owed over $100,000 for that quarter alone and had not satisfied deficiencies from 1998 and the first two quarters of 1999. The record does not conclusively reveal the extent of Erwin’s actual knowledge at this point in time, but certainly demonstrates that by that time he was on notice that GCAD owed substantial payroll taxes to the IRS. Yet Erwin and his partners continued to rely on the Light brothers to address the problem for several more months. Erwin’s failure to assess and remedy the payroll tax deficiencies immediately upon learning of their existence in August 1999 constitutes unreasonable willful conduct. Cf. id. at 1350 (noting the relevance of responsible person’s immediate action to address deficiencies upon learning of them). This is particularly so given that, at Erwin’s direction, GCAD paid other creditors during this period. Thus, Erwin is liable for any outstanding third-quarter 1999 deficiencies. See Plett, 185 F.3d at 219.
Moreover, following the lead of every other circuit to consider the question, we adopt the rule that when a responsible person learns that withholding taxes have gone unpaid in past quarters for which he was responsible, he has a duty to use all current and future unencumbered funds available to the corporation to pay those back taxes. See, e.g., Thosteson, 331 F.3d at 1300-01; United States v. Kim, 111 F.3d 1351, 1357 (7th Cir.1997); Honey v. United States, 963 F.2d 1083, 1089 (8th Cir.1992); Mazo, 591 F.2d at 1157. Pursuant to this rule, as of August 1999, Erwin had a duty to use all unencumbered funds to reduce GCAD’s tax liability from the prior quarters.
The record demonstrates that GCAD generated several million dollars in gross receipts after August 1999 and paid rent and food vendors with those funds instead of paying the IRS. (Erwin does not contend that any creditor held a security interest in these funds superior to the IRS’s interest. See Honey, 963 F.2d at 1090.) Accordingly, we hold that, by preferring GCAD’s other creditors to the IRS, Erwin willfully failed to remit GCAD’s payroll taxes for the fourth quarter of 1998 and the first three quarters of 1999.
V.
For the reasons set forth above, the judgment of the district court is
AFFIRMED.
HAMILTON, Senior Circuit Judge,
dissenting:
Because I believe a reasonable fact-finder, viewing the evidence in the light most favorable to Erwin and drawing all reasonable inferences from such evidence in his favor, could find that he was not a responsible person under 26 U.S.C. § 6672, I would vacate the judgment in favor of the Government and remand for trial. Accordingly, I respectfully dissent.
I.
We review the district court’s grant of summary judgment de novo. Blaustein & Reich, Inc. v. Buckles, 365 F.3d 281, 286 (4th Cir.2004). A motion for summary judgment should be granted “if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.” Fed. R.Civ.P. 56(c)(2). In determining whether a genuine issue of material fact exists in this case, precluding the entry of summary judgment in favor of the Government, we must view the evidence in the light most favorable to Erwin and draw all reasonable inferences from such evidence in his favor. Edell & Assocs., P.C. v. Law Offices of Peter G. Angelos, 264 F.3d 424, 429, 435—36 (4th Cir.2001). We may not make credibility determinations or weigh the evidence. Id. at 435. And although we should review the record as a whole, we must disregard any evidence favorable to the Government as the moving party that a jury would not be required to believe. Id. at 436. See also Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 151, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000). “That is, [we] should give credence to the evidence favoring the nonmovant as well as that evidence supporting the moving party that is uncontradicted and unimpeached, at least to the extent that the evidence comes from disinterested witnesses.” Reeves, 530 U.S. at 151, 120 S.Ct. 2097 (internal quotation marks omitted).
II.
Mindful that in determining § 6672 liability, “the ‘crucial inquiry is whether the person had the “effective power” to pay the taxes — that is, whether he had the actual authority or ability, in view of his status within the corporation, to pay the taxes owed,’ ” Plett v. United States, 185 F.3d 216, 219 (4th Cir.1999), I will focus on the application of the Plett factors to the record evidence as we must view such evidence at the summary judgment stage.
I agree with the majority opinion that the first Plett factor, which asks whether the party upon whom the Government seeks to impose responsible person liability under § 6672 served as an officer or director of the company, cuts in favor of the Government. During the four quarters at issue, Erwin served as vice-president, secretary, and treasurer of GCAD, and served on its board of directors.
However, contrary to the majority opinion, I conclude that the second Plett factor, which asks whether Erwin controlled the company’s payroll, cuts in favor of Erwin. The evidence shows that Erwin did not control GCAD’s payroll during the four tax quarters at issue. First, the record contains a sworn statement by Erwin that he had no control over GCAD’s payroll. Second, there is no evidence that Erwin personally oversaw GCAD’s payroll. Third, the undisputed evidence shows that for all four quarters at issue, a professional accounting and tax service was in charge of GCAD’s payroll, including collecting with-holdings and paying such withholdings to the Government. And although Erwin did participate in the decision to hire such professional accounting and tax service, this circumstance is a far cry from controlling GCAD’s payroll functions.
Moreover, the fact that Erwin and the other shareholders infused capital into GCAD with instructions that the Light Brothers catch up the back withholding taxes, merely establishes that Erwin and the other shareholders did not want to see their investment in GCAD go down the drain because the corporation was not current in paying its federal withholding taxes. Accordingly, such infusions and instructions, which Erwin admitted during his deposition, are not inconsistent with Erwin’s later sworn statement that he had no control over GCAD’s payroll. Similarly, Erwin’s seizure of control over GCAD’s payroll functions after the tax periods at issue and after he learned of the payroll withholding delinquencies for those periods reasonably suggests that Erwin decided to become the responsible person under § 6672 from then forward in order to protect his substantial investment. Contrary to the majority opinion, such conduct does not require an inference that Erwin was a responsible person under § 6672 for the tax periods in question.
Moving on to the third Plett factor, such factor cuts in favor of Erwin. Specifically, a reasonable jury could find that Erwin had limited decision-making authority about which creditors to prefer. For the most part, any creditor preferences made by Erwin during the tax periods at issue were made with infusions of investor capital. The record also contains the sworn statement of Erwin that, prior to October 1999, he had limited, to no decision-making ability, about which creditors of GCAD to prefer.
When the evidence is viewed through the proper summary judgment lens, the fourth Plett factor also cuts in favor of Erwin. Specifically, the record shows that he did not participate in the day-to-day operations of GCAD. First, the record contains the sworn statement of Erwin that, prior to October 1999, he had no responsibility for the day-to-day management of GCAD. Moreover, the evidence in the record supports the reasonable inference that, during the four quarters at issue, with the exception of all aspects of accounting and payroll, Pintner was solely responsible for the day-to-day operations of GCAD. Indeed, “Pintner came to GCAD upon the recommendation of various corporate officers of Golden Corral who presented him as a seasoned operator of the Golden Corral concept.” (J.A. 1077). The evidence supports the reasonable inference that, during the four quarters at issue, the Light Brothers were solely responsible for all aspects of accounting and payroll, including financial reporting to Pintner and, by extension, the GCAD shareholders. While Erwin’s activities on behalf of GCAD, for example, the negotiation of leases and the choosing of site locations for the restaurants, show that he was more than a passive investor, they do not establish that he participated in the day-to-day operations of GCAD. Moreover, the fact that Erwin reviewed GCAD’s sales figures on a weekly basis can support the reasonable inference that he did so to monitor the status of his investment. It does not require the inference, as the majority suggests, that Erwin participated in GCAD’s day-to-day management.
The fifth Plett factor, which asks whether Erwin had check writing authority, also favors Erwin. The evidence is undisputed that Erwin did not possess the power to sign checks during the four quarters at issue, nor was he a signatory on any of GCAD’s bank accounts during such quarters. The focus of this factor is whether the individual at issue possesses check-writing authority, because the lack of such authority suggests that he is not a responsible person under § 6672.
Finally, the sixth Plett factor, which asks whether Erwin had the ability to hire and fire employees cuts both ways. On the one hand, the undisputed evidence shows that Erwin substantially participated in the hiring and firing decisions with respect to GCAD’s top management, including hiring the Light Brothers. On the other hand, the evidence shows that Erwin did not participate at all in routine personnel decisions.
Examining the Plett factors in toto, in my considered opinion, Erwin has proffered sufficient evidence to stave off the Government’s motion for summary judgment. More specifically, when the evidence in this case is viewed in the light most favorable to Erwin, and all reasonable inferences are drawn in his favor, a reasonable fact finder could find, under the totality of the circumstances, that Erwin was not a responsible person with respect to GCAD’s withholding taxes for the last quarter of 1998 and the first three quarters of 1999 — ie., Erwin did not have the effective power to pay those taxes during those quarters.
My view is substantially supported by the First Circuit’s decision in Vinick v. United States (Vinick II), 205 F.3d 1, 9 (1st Cir.2000), which is not cited by either party. In Vinick II, the Government assessed a nearly $50,000 penalty against Arnold Vinick (Vinick) pursuant to § 6672. Id. at 5. The assessment alleged failed withholding payments for the last three quarters of 1989 and the first two quarters of 1990 with respect to Jefferson Bronze, Inc. (Jefferson Bronze). Id.
Vinick paid a small portion of the penalty and filed a claim for a refund. Id. at 6. After the Government denied the claim, Vinick sued for a refund. Id. The Government counterclaimed for the balance due and moved for summary judgment. Id. at 6. The district court granted summary judgment for the Government, and Vinick appealed. Id. The First Circuit reversed and remanded for further proceedings. Vinick v. Comm’r of IRS (Vinick I), 110 F.3d 168 (1st Cir.1997). Following a bench trial, the district court again ruled in favor of the Government by finding Vinick to be a responsible person. Vinick II, 205 F.3d at 6. The First Circuit reversed again, holding that Vinick was not a responsible person under § 6672 as a matter of law. Vinick II, 205 F.3d at 15.
Vinick was a CPA in private practice and a former IRS employee. Id. at 4. In 1981, he and two other persons (Letterman and Mayer) formed Jefferson Bronze for the purpose of operating a foundry. Id. The three men, who each owned one-third of Jefferson Bronze’s stock, personally guaranteed the Small Business Administration loan used to start-up the business and pledged their homes as collateral. Id. Letterman became president, Vinick became treasurer, and Mayer became the day-to-day manager of the foundry. Id. Soon after its formation, Jefferson Bronze began a long period of financial difficulties. Id.
The remaining relevant facts are as follows: (1) throughout the history of Vinick’s involvement in the corporation, he never gave up his accounting practice and never had an office at Jefferson Bronze; (2) although Vinick had check-writing authority on Jefferson Bronze’s checking accounts, he never signed checks prior to the company’s filing for Chapter 11 bankruptcy; (3) Vinick prepared Jefferson Bronze’s quarterly employment tax returns; (4) in 1983, Letterman fired Mayer, Letterman and Vinick acquired Mayer’s share of the corporation, and each became a half owner of Jefferson Bronze; (5) Vinick hired Ronald Ouellette (Ouellette) as the new manager; (6) Ouellette ran the office and the foundry, and his wife worked part-time as the bookkeeper and signed the company checks and payroll returns; (7) Vinick occasionally would visit the Ouellette home to collect information needed to complete the quarterly returns, and after their preparation, Vinick would return the completed, unsigned forms to the Ouellette home; (8) usually once a month, Vinick would discuss with Ouellette the financial condition of the corporation and would stress to him the need to pay the taxes; (9) during Ouellette’s tenure as manager, Jefferson Bronze’s financial troubles continued, with Jefferson Bronze failing to timely pay the withholding taxes due; (10) regardless, Jefferson Bronze always filed its tax returns on time; (11) at some point, Letterman and Vinick obtained a $35,000 loan for Jefferson Bronze, which they secured with personal guarantees; (12) in 1985, Vinick negotiated with an Internal Revenue Service revenue officer a payment plan for the taxes Jefferson Bronze owed, and relayed the terms of the plan to Ouellette, who complied with the plan’s requirements; (13) after Jefferson Bronze completed payment of these taxes, it experienced no further tax delinquency until Letterman took over as manager; (14) in January 1988, Letterman decided on his own to take over as the day-to-day financial manager of the corporation (Ouelette continued as the foundry manager for non-financial matters); (15) Letterman’s wife then took over as office manager and bookkeeper; (16) during this time, Vinick continued to collect the financial information, to prepare the quarterly tax returns, and to leave them for Letterman to sign; (17) while he also continued to advise Letterman to pay the corporation’s taxes, Vinick became less involved in the financial affairs of the corporation as Letterman’s role increased; (18) in May 1988, Letterman and Vinick successfully negotiated a refinancing of Jefferson Bronze’s Small Business Administration loan with a private bank, including signing the note in their individual and corporate capacities; (19) additionally, Vinick pledged his home as collateral on the refinancing; (20) around March 1989, Jefferson Bronze became delinquent on such note, prompting Letterman and Vinick to discuss the financial future of Jefferson Bronze with the bank’s vice president; (21) from April 1989 to June 1990, during Letterman’s tenure as manager and prior to Vinick’s ever having signed a company check, Jefferson Bronze again fell behind in its withholding tax obligations; (22) by July 1990, Jefferson Bronze had filed for Chapter 11 bankruptcy; and (23) a year later the bank foreclosed on the note, with Jefferson Bronze finally closing its doors shortly thereafter.
After applying virtually the same factors as we outlined in Plett to the facts just set forth, the First Circuit held that “Vinick as a matter of law was not a responsible person within the meaning of 26 U.S.C. § 6672(a).” Vinick, 205 F.3d at 15. Significant to the First Circuit’s holding, were the following facts: (1) at no time did Vinick exercise any decision-making authority over which creditors Jefferson Bronze paid; (2) during the quarters in question, Vinick had no involvement in the day-to-day operations of Jefferson Bronze; (3) during the quarters in question, although Vinick had check-signing authority, he signed no checks and lacked access to the checkbook; and (4) although Vinick participated in the decision to hire the general manager, he was not involved in the routine hiring and firing of employees. In sum, the First Circuit concluded that while Vinick “may have been more than a mere passive investor in the corporation,” the evidence did not establish that he “possessed actual, exercised authority over the company’s financial matters, including the duty and power to determine which creditors to pay,” and therefore, “as a matter of law he cannot be a responsible person.” Id. at 14-15.
While I do not suggest here that, under the facts of the present case, Erwin, as a matter of law, cannot be a responsible person under § 6672, I do believe that, based on the evidence in this case, a reasonable jury could find that that he is not a responsible person under § 6672. The facts in Vinick are substantially similar to the facts in the present case. Like Vinick, Erwin was a one-third shareholder in the corporation and personally guaranteed loans for the corporation. Like Vinick, Erwin held the title of the corporation’s treasurer. Like Vinick, Erwin received financial information about the corporation from the general manager and stressed the need to keep payroll taxes current to the person responsible for actually paying such taxes. Like Vinick, Erwin participated in the hiring and firing decisions with respect to top management, but did not with respect to routine personnel decisions. Like Vinick, Erwin took actions to catch up back withholding taxes from time periods different from the ones in question (ie., Vinick negotiated a payment plan with the Internal Revenue Service, while Erwin contributed capital with an order to use the money to catch up the back withholding taxes). Finally, like Vinick, Erwin did not participate in the day-to-day operations of the corporation.
In sum, I recognize that this is a close case. However, for the reasons just set forth, I believe the scale tips in favor of Erwin at the summary judgment stage.
III.
In conclusion, I would hold the district court erred in holding that the responsible person inquiry cuts in favor of the Government on summary judgment. Accordingly, I would not reach the willfulness element and would vacate the judgment in favor of the Government and remand for trial.
. In his original IRS claim, Erwin did not acknowledge his service as treasurer of GCAD. In deposition, however, he conceded that he had held that position.
. Pintner testified in deposition that he spoke to Erwin daily regarding sales and the performance of individual stores, and that Erwin visited the stores every month or two. Pintner further testified that Erwin directed the payment of GCAD’s bills. As to the latter claim, in deposition, Erwin neither admitted nor expressly denied Pintner’s testimony, testifying only, "I can’t say whether I ever [directed payment of bills]. I know it was not a practice.”
. See generally C.T. Drechsler, Annotation, Construction, Application, and Effect, with Respect to Withholding, Social Security, and Unemployment Compensation Taxes, of Statutes Imposing Penalties for Tax Evasion or Default, 22 A.L.R.3d 8, § 4 & Supp. (1968) (collecting cases in which courts have found responsibility for § 6672 purposes as a matter of law); Edward A. Nolfi, Annotation, When Are Persons Other Than Owners, Directors, Officers, and Employees Potentially Liable for Penalties Under IRC § 6672 (26 U.S.C.A. § 6672), Concerning Failure to Collect and Pay Over Tax, 84 A.L.R. Fed. 170, §§ 3-31 & Supp. (1987) (same).
. In deposition, Erwin maintained that the Light brothers withheld information, making it difficult to monitor GCAD's finances. It is undisputed, however, that Erwin had the authority to demand financial information and to fire the Light brothers, as he ultimately did.
. Notably, Erwin’s involvement in the regular affairs of the company increased when Pintner came on board in early 1998, as Erwin went from communicating monthly with the prior manager to having weekly discussions with Pintner regarding sales figures. Cf. Vinick, 205 F.3d at 5 (noting taxpayer, deemed not to be a responsible person, became less involved in the affairs of the corporation during the non-payment periods).
. Erwin mistakenly places heavy reliance on O'Connor, in which the taxpayer, although a fifty-percent owner of the corporation, did not dictate any of the company’s financial decisions or set its financial policy, did not decide which creditors should be paid, did not participate in any of the company’s operational management, and did not hire or fire employees. See O’Connor, 956 F.2d at 51. Rather, in stark contrast to Erwin’s active role in GCAD, the taxpayer in O'Connor merely provided the operational cash for the company and received periodic financial reports. Id. Our friend in dissent (who authored O’Connor) does not similarly contend that O'Connor assists Erwin.
Rather, the dissent heavily relies on Vinick, a First Circuit case that Erwin never cites. Given that Vinick’s corporate involvement primarily occurred outside of the tax periods in question and decreased significantly during the relevant periods, when his partner unilaterally took control of the company’s day-today financial management, the First Circuit held Vinick was not a responsible person. In contrast, the undisputed facts here demonstrate Erwin was actively involved in GCAD's financial affairs and general management decision making throughout the corporation's entire existence. Notably, unlike Vinick, Erwin directed or negotiated payments to corporate creditors to reduce debts he had personally guaranteed. That Erwin ultimately took complete control of the corporation’s finances after the tax periods in question does exactly what Vinick acknowledged such evidence could do, i.e. "cast light on [his] status as a responsible person” during those tax periods, 205 F.3d at 11 n. 8, because it demonstrates his authority, at all times, to dictate financial decision making. Erwin even admitted at deposition that had he learned of the tax deficiencies earlier, he would have taken remedial action at that time.
. Despite making these and other admissions in deposition, Erwin maintains that we must accept as true his contradictory averments in a later-filed affidavit, in which he claims in conclusory fashion that during the tax periods at issue he had no role in managing GCAD or any control over its financial affairs. Reply Br. at 2. The dissent also appears to embrace this view, relying on Erwin's later "sworn statement” as creating an asserted factual dispute with Erwin's prior sworn deposition testimony. Such reliance is misplaced; “[i]t is well established that '[a] genuine issue of fact is not created where the only issue of fact is to determine which of the two conflicting versions of [a party's] testimony is correct.’ ” Halperin v. Abacus Tech. Corp., 128 F.3d 191, 198 (4th Cir.1997) (quoting Barwick v. Celotex Corp., 736 F.2d 946, 960 (4th Cir.1984)); accord Waste Mgmt. Holdings, Inc. v. Gilmore, 252 F.3d 316, 341 (4th Cir.2001); S.P. v. City of Takoma Park, Md., 134 F.3d 260, 273 n. 12 (4th Cir.1998) (noting that a party’s "later denial” of earlier "statements does not create a genuine issue of a material fact”).
. Erwin raises a putative "reasonable cause” defense, arguing that GCAD had to use gross receipts to pay rent and vendors in order to stay operational. Courts that have recognized this defense have limited it to situations in which circumstances outside a taxpayer’s control have thwarted his reasonable efforts to protect trust funds, and have not applied it in situations where the taxpayer made a conscious decision to pay other creditors. See, e.g., Thosteson, 331 F.3d at 1301 (citing Logal v. United States, 195 F.3d 229, 233 (5th Cir.1999)); see also Greenberg, 46 F.3d at 244 ("It is no defense that the corporation was in financial distress and that funds were spent to keep the corporation in business with an expectation that sufficient revenue would later become available to pay the United States.”). Thus, even were we to conclude that a "reasonable cause” defense to § 6672 liability exists, such a defense would not protect Erwin under these facts.
. Indeed, even the majority recognizes that "Erwin and his two partners did not directly manage GCAD's payroll.” Ante at 321.
. As the record evidence must be viewed at the summary judgment stage, Erwin gave no deposition testimony that is inconsistent with his later sworn statement that he had "no responsibility for the day-to-day management of” GCAD. (J.A. 1081). Accordingly, reliance on such statement in the mix of evidence carrying Erwin’s burden in successfully opposing the Government’s summary judgment motion is not misplaced as suggested by the majority. Ante at 325 n. 7.
. I note that the majority opinion mentions that Pintner testified in deposition that he spoke to Erwin daily regarding sales figures and the performance of individual stores. See ante at 317-18 n. 2. Because this testimony is inconsistent with Erwin’s testimony that he only spoke with Pintner about such matters on a weekly basis, Pintner’s version cannot be considered in assessing the propriety of the Government’s summary judgment motion. Edell & Assocs., P.C., 264 F.3d at 429.
. For purposes of clarity, I note that Plett itself lists check-writing authority as the fifth of six factors serving as indicia of the requisite authority to pay a company's payroll taxes, while the majority opinion in the present cases lists it as the sixth factor.
. The majority opinion lists this as the fifth Plett factor.
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CASELAW
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Milward
Milward may refer to:
* Milward (name), list of people with the name
* Milward Patch, patch in the United States
* Henry Milward & Sons, English manufacturer
* Tasker Milward Voluntary Controlled School, secondary school in Haverfordwest, Pembrokeshire, South West Wales
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WIKI
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Refactored Telegram
It’s all just ones and zeros under the cover
Building Sets from Maps
In the various Go projects that I work on, there have been times when I have needed to store items in a set. Many languages have a set implementation that is usable right out of the box. Unfortunately, Go is not one of them; but a set can be created quite easily using Go’s map type. Here is the technique I use to do so.
In this example, we’ll build a type that uses a “backing map” to hold a set of strings. The set elements will actually be stored in the map as keys. This means that string will be used as the key type in this example, but given that maps in Go can accept almost any type1, this technique will work for most other types you may need sets for.
The approach we will be using is one based on key presence, namely that an element is a member of the set if it is also a key in the map. This means that we’re only interested in the map keys; we’re not interested in what the associated value of those key are. Because of this, the value type shouldn’t matter, and one way to indicate this is to use the empty struct as the value type.
With our types decided upon, we can defined our set type as the following:
type StringSet map[string]struct{}
We can now implement the operations for our set. For the use cases I tend to encounter, I’m usually only interested in the following operations:
• Adding an element to the set,
• Testing the presence of an element within the set, and,
• Remove an element from the set.
These can be implemented as methods on our set type. For example, adding a string element to the set can be done by adding it as a key to the map, with an empty struct value:
func (s StringSet) Put(val string) {
s[val] = struct{}{}
}
Similarly, for testing whether the set contains an element, we can simply check that the backing map has that element as a key:
func (s StringSet) Has(val string) bool {
_, hasVal := s[val]
return hasVal
}
Finally, to remove an element from the set, we simply delete the key from the backing map:
func (s StringSet) Remove(val string) {
delete(s, val)
}
Adding additional operations, like iterating over the elements of the set or returning the set cardinality, is quite trivial. These have been left as an exercise to the reader.
Using bool as the value type
A slight variant of this technique that I have used a few times is to use bool as the value type. This has some nice features, like using the single-result index operator to determine set membership (so long as the map value for a key is always set to true):
func (s StringSetWithBoolValueType) Put(val string) {
s[val] = true
}
func (s StringSetWithBoolValueType) Has(val string) bool {
return s[val]
}
The only downside of this approach is that it does not convey the use of key presences to determine set membership as clearly as the empty struct. It may also allow the set to grow without bounds if an element is “removed” by simply setting the value to false. These can all be mitigated through the use of comments thought, so the choice of which technique to use will probably boil down to taste.
I’ve found that this technique works pretty well in most cases where I’ve needed a set. It also works well in other languages that don’t have native set implementations, like JavaScript and Lua (in fact, Lua was the language that I’ve first encountered this technique).
I’m hopeful that when generics are finally added to Go, this technique would work even better, especially when you consider that it would no longer be necessary to implement completely new types for each set you need.
This technique will not work in all circumstances, such as cases when the elements need to be preserved in a particular order; but it’s one that I find useful, and I tend to consider it first when I need to use a set.
1. Maps cannot accept functions, slices, or other maps as key types, as per the Language Specification ↩︎
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ESSENTIALAI-STEM
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Putin says hopes line can be drawn under Skripal poisoning at chem watchdog meeting
April 3, 2018 / 7:16 PM / Updated 16 minutes ago Putin says hopes chemical watchdog meeting can put end to Skripal row Denis Pinchuk 3 Min Read
ANKARA (Reuters) - Russian President Vladimir Putin said on Tuesday he hoped a planned meeting of the global chemical weapons watchdog would help to defuse a major diplomatic row triggered by the poisoning of a former Russian double agent in England. Russian President and Presidential candidate Vladimir Putin speaks during a meeting with supporters at his campaign headquarters in Moscow, Russia March 18, 2018. Yuri Kadobnov/POOL via Reuters
Britain has blamed Russia for the poisoning of Sergei Skripal and his daughter Yulia with a military-grade nerve agent in the English city of Salisbury on March 4. Moscow denies any involvement and has accused London of whipping up anti-Russian hysteria in the West.
The Skripal case has plunged East-West relations into their worst crisis since the Cold War, with Britain and its allies expelling around 130 Russian diplomats and Moscow responding with its own expulsions.
At Moscow’s request, the Organisation for the Prohibition of Chemical Weapons (OPCW) will hold a special session on Wednesday in the Netherlands on the Salisbury poisoning.
“We have raised 20 questions for discussion (at the meeting). I hope that during this discussion a final line on what has happened will be drawn,” Putin told a news conference during a visit to the Turkish capital Ankara.
Moscow has said it wants to take part in the official British investigation into the poisoning.
“We are interested in a full-fledged investigation. We want to be allowed into this investigation and we count on receiving relevant materials as the issue involves citizens of the Russian Federation,” Putin said. NOVICHOK
Earlier on Tuesday, the head of Britain’s military research centre said it had so far been unable to tell whether the nerve agent, identified as Novichok, had been produced in Russia.
“I want to add that according to international experts’ data there are around 20 countries capable of producing such neuro-paralytic substances,” Putin said.
British counter-terrorism police say they believe Skripal, 66, and his 33-year-old daughter were poisoned with Novichok - an agent first developed by the Soviet military - that had been left on the front door of their home in Salisbury.
Putin, who won another six-year term in a presidential election last month, said he had learnt about the poisoning via the media and had been surprised by the pace of what he called an anti-Russian campaign unleashed by Britain.
Putin’s spokesman, Dmitry Peskov, told reporters in Ankara that Britain’s version of who was responsible for the poisoning “will not be confirmed anyway because it is impossible to confirm it”.
“Indeed this is a long story, the insanity has gone too far,” Peskov added. Reporting by Denis Pinchuk in Ankara; Additional reporting by Anthony Deutch in Amsterdam; Writing by Andrey Ostroukh; Editing by Mark Heinrich
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NEWS-MULTISOURCE
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Talk:Aleteia
Info from WP French Wikipedia
Catholic, multilingual new service, has professional editorial staff, publishies online only, news, but also commentary, lifestyle, and spiritual material. Info cam be added from WP in French Wikipedia.E.M.Gregory (talk) 11:25, 7 August 2016 (UTC)
Questions about referencing as an authoritative source
Can we cite work coming from here (specifically https://en.wikipedia.org/w/index.php?title=Shroud_of_Turin&action=edit§ion=11 ), I would like to update the radiocarbon dating to note that WAXS dating has been performed once successfully and though other tests are needed in order to replicate the findings that it was found that the shroud to be from around ~A.D. 57 <IP_ADDRESS> (talk)
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WIKI
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Communauté d'agglomération d'Hénin-Carvin
The Communauté d'agglomération of Hénin-Carvin is the communauté d'agglomération, an intercommunal structure, centred on the cities of Hénin-Beaumont and Carvin. It is located in the Pas-de-Calais department, in the Hauts-de-France region, northern France. It was created on 1 January 2001. Its seat is Hénin-Beaumont. Its area is 112.1 km2. Its population was 126,509 in 2018, of which 25,917 in Hénin-Beaumont.
Composition
The communauté d'agglomération consists of the following 14 communes:
* 1) Bois-Bernard
* 2) Carvin
* 3) Courcelles-lès-Lens
* 4) Courrières
* 5) Dourges
* 6) Drocourt
* 7) Évin-Malmaison
* 8) Hénin-Beaumont
* 9) Leforest
* 10) Libercourt
* 11) Montigny-en-Gohelle
* 12) Noyelles-Godault
* 13) Oignies
* 14) Rouvroy
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WIKI
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POTS Treatment & Information in Dallas, TX
What is Postural Orthostatic Tachycardia Syndrome (POTS)?
POTS is an dysautonomia condition with a cardinal and prominent symptom of abnormal increase in heart rate upon standing up, along with a variety of other symptoms.
POTS is POTS because of the orthostatic intolerance, most often from the tachycardia.
POTS has 3 causes. Neurogenic or neuropathic. In this one, the sympathetic nervous system is lagging in how quickly it can squeeze the blood vessels in the legs or how completely, but enough to keep you from passing out by increasing heart rate. This is an under performance of the sympathetic nervous system, not an high sympathetic tone. This is the most common non-long covid cause.
In hyperadrenergic POTS, its basically an inappropriate adrenal dump of norepinephrine and epinephrine. This causes tachycardia due to the these plus hypertension. This is from a high sympathetic tone.
In hypovolemic POTS, there is not enough blood in blood vessels to maintain the volume for circulation.
Symptoms:
• Tachycardia – A rapid heart rate is a hallmark symptom of POTS. The heart rate may increase by at least 30 beats per minute (or reach a heart rate of over 120 beats per minute) within 10 minutes of standing up or assuming an upright posture.
• Orthostatic intolerance – Symptoms that occur when standing up or being in an upright position. These may include lightheadedness, dizziness, feeling faint, or a sensation of blood pooling in the lower extremities.
• Fatigue – Persistent or excessive fatigue that is not alleviated by rest and can be debilitating.
• Palpitations – Awareness of the heartbeat, irregular heart rhythms, or a pounding sensation in the chest.
• Exercise intolerance – Difficulty with physical exertion, leading to increased heart rate, fatigue, and sometimes a significant decline in overall function.
• Cognitive and Mental health symptoms
• Brain fog
• difficulty concentrating or thinking clearly
• memory problems
• anxiety
• depression
• Gastrointestinal symptoms – Nausea, bloating, abdominal pain, and changes in bowel habits.
• Headaches – Frequent headaches, including migraines, are commonly reported by individuals with POTS.
• Sleep disturbances – Poor sleep quality, insomnia, or excessive daytime sleepiness individuals with POTS
• Temperature regulation issues – Fluctuations in body temperature, intolerance to heat or cold, excessive sweating, or a decreased ability to sweat.
Diagnosis
• Low blood pressure is NOT a feature of POTS.
• Diagnosing POTS is done with a tilt table test. These are typically available with cardiologists and some neurologists. With POTS, tilt table testing typically reproduces the clinical symptoms in association with a heart rate increase ≥30 beats/min or a maximum heart rate ≥120 beats/min within the first 10 minutes; these changes are not associated with hypotension.
• POTS is diagnosed only when orthostatic hypotension is ruled out and when there is no acute dehydration or blood loss. Orthostatic hypotension (OH) is a form of low blood pressure: 20mm Hg drop in systolic or a 10mm Hg drop in diastolic blood pressure in the first three minutes of standing upright.
Treatments
• Increasing blood volume – increase hydration/IV therapy – 0.9% normal saline infusions
• Increase salt / electrolyte oral intake
• Helping the kidneys retain sodium (e.g., fludrocortisone)
• Reducing heart rate or blocking the effect of adrenal hormones on the heart – beta blockers and Corlanor (ivabradine)
• Increasing blood vessel constriction (e.g., midodrine)
• Compression garments
• Erythropoietin (Epogen)
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ESSENTIALAI-STEM
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-- Russia Equity Movers: Federal Grid, Surgut, Transneft, Uralkali
The 30-stock Micex Index (INDEXCF) tumbled 1.3
percent to 1,415.38 by the close in Moscow. The following were among the most active equities in the
Russian market today. Stock symbols are in parenthesis. OAO MRSK Holding (MRKH RX) dropped 2.9 percent to 1.771
rubles, the most in a week. Federal Grid Co. (FEES RX) slid 1.3
percent to 23.67 kopeks. Vedomosti reported that President
Vladimir Putin ’s economic council will discuss limiting annual
tariff increases today. OAO Surgutneftegas (SNGS RX) fell 1.1 percent to 27.153
rubles. OAO Tatneft (TATN) dropped 2.6 percent to 192.12
rubles, the biggest decline since July 11. OAO Transneft (TRNFP
RX) retreated 1.9 percent to 50,540 rubles. Oil producers
declined as crude oil retreated 1.5 percent to $91.25 in New
York , sliding from a nine-week high. OAO Uralkali (URKA RX) rose 1.1 percent to 272.67 rubles,
the highest level since Sept. 21. The world’s largest potash
producer climbed to the highest level in ten months on bets the
worst U.S. drought in a half-century will increase demand for
the fertilizer. To contact the reporter on this story:
Ksenia Galouchko in Moscow at
kgalouchko1@bloomberg.net To contact the editor responsible for this story:
Gavin Serkin at
gserkin@bloomberg.net
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NEWS-MULTISOURCE
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Obstructive Sleep Apnea (OSA)
Loud or irregular snoring, pauses in breathing, excessive sleepiness, and frequent urination at night are all symptoms of obstructive sleep apnea. Sleep apnea occurs when breathing stops completely or airflow is severely reduced. During sleep, the muscles in the throat become more relaxed. In obstructive sleep apnea, the person's airway collapses. Arousals from sleep occur when the brain tells the body to wake up and breath. A person with OSA may not remember waking up, but experiences sleepiness during the day because of the repeated disturbances.
Aging, excess weight, family history, and narrow airway anatomy all increase the chances of having OSA. OSA is a fairly common problem, but can have serious health risks. Overnight sleep studies are performed to diagnose sleep apnea. Continuous Positive Airway Pressure (CPAP) and Bi-Level therapy are effective forms of treatment for sleep apnea.
For additional information about OSA, see the Whitney Sleep Center Resources page.
Sleep News
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ESSENTIALAI-STEM
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How to use the Intel® Energy Profiler in Intel® System Studio
Introduction
Intel® System Studio now contains an energy and power profiler called Intel® Energy Profiler. Using the Intel Energy Profiler allows you to collect sleep state, frequency and temperature data that lets you find the software that is causing unwanted power use. This article provides an overview of the Intel® Energy Profiler.
Background
Two key indicators that effect how much power your system is using are CPU Sleep states and CPU Frequency.
• CPU Sleep states (C-States)
• CPU Sleep states indicate during what intervals your CPU is asleep. The main goal of CPU Sleep states is to show when the system is sleeping, what sleep state it was in and what woke up the system. The higher the sleep state the lower the power usage.
• CPU Frequency (P-states)
• CPU’s also have the ability to change the core clock frequency, power usage will be higher the greater the frequency.
The following diagram shows how these c-states and p-states inter-relate.
Depending on your Android target you will need to use a different collector:
• Silvermont, Haswell systems
• socwatch collector
• Clovertrail+
• wuwatch
• Other embedded linux* systems.
• amplxe-cl
The remainder of this article will focus on how you can collect C-state and P-state data for your system and visualize this data using Intel® VTune™ Amplifier for Systems using socwatch.
Socwatch
SoC Watch (aka SoCWatch) is a command line tool for monitoring system behaviors related to power consumption on Intel® architecture-based platforms. It monitors power states, frequencies, wakeups, and various other metrics that provide insight into the system’s energy efficiency.
The following diagram shows how socwatch can be used.
Installation
SoCWatch is currently intended for Android-based systems. See the release notes for detailed system requirements.
It is possible that your Android based system already had the socwatch kernel modules integrated into the system. If this is not the case then see the section marked “Building the kernel module”.
Make sure your host is connected to the target via adb before running the install script.
1. After unzipping the SoCWatch package on your host system, run the socwatch_android_install.sh script on a Linux host or from a Cygwin window on a Windows host. Run the socwatch_android_install.bat file from a Windows host.
socwatch_android_install.sh or socwatch_android_install.bat
The script installs the socwatch executables to the /data/socwatch directory on the target by default. Use the –d option to select a different install directory and the –s option to define a specific Android* device if multiple devices are connected to the host via adb.
2. Using the adb command, start a shell with root privileges.
> adb root
> adb shell
3. Navigate to the directory containing the driver.
> cd /lib/modules
4. Load the driver.
> insmod SOCWATCH1_*.ko
5. Confirm the driver is loaded.
> lsmod
6. When necessary, type rmmod SOCWATCH1_2 to unload the driver.
Building the Kernel Module
If the SoCWatch device driver is not pre-installed in the OS image, you will need to build it.
1. Copy the socwatch_android.zip file to the host system used to build the Android* kernel.
2. Extract the contents with the command:
> tar xvzf socwatch_android.zip The socwatch_android directory is created.
3. cd into the socwatch_android/socwatch_driver directory.
4. Execute the build_driver script with the command: > sh ./build_driver –k <kernel-build-dir> where <kernel-build-dir> is replaced with the local Android* lib/modules directory produced while building the Android* kernel. The –k switch is optional and is not required if the DEFAULT_KERNEL_BUILD_DIR value is properly set in the build_driver script.
Collecting data on your system
cd /data/socwatch
. ./setup_socwatch_env.sh
To collect c-state and p-state data on your system run the following socwtach command.
>./socwatch –-max-detail –f cpu-cstate –f cpu-pstate –t 60 –o ./results/test
This command will run for 60 seconds and create a files called test.sw1 and test.csv located in results directory.
To view the colelcted data you need to copy the files back to your host system using adb.
> adb pull /data/socwatch/results/test.csv c:\results
> adb pull /data/socwatch/results/test.sw1 c:\results
To import these files into VTune Amplifier for Systems run the following commands, from the windows prompt:
1. First run the amplxe-vars.bat file in the VTune Amplifier install directory.
2. Run amplxe-runss.exe -import-socwatch-data test.sw1 C:\results\test
This will create a results directory called test in C:\results. You can open this result directory using the following command:
amplxe-gui.exe C:\results\test
Frequency summary:
Sleep state summary:
Para obter informações mais completas sobre otimizações do compilador, consulte nosso aviso de otimização.
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ESSENTIALAI-STEM
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Five tips for driving a stick shift car
April 14th, 2021 by
If you’re the proud owner – or soon to be proud owner – of a stick shift car, then you know that driving a car with a manual transmission is very different from driving a car that’s automatic. It requires a certain level of finesse if you want to have a safe, efficient drive time AND avoid costly repairs and maintenance on your Clermont Toyota. We’re here to help (as always), and we’ve gathered a few quick tips from our expert sales team and service techs to help you handle your stick shift car as efficiently as you can.
stick shift car
What you need to know about driving a stick shift car
When you drive a car with a manual transmission – i.e., a stick shift – it means that you’re actually shifting for the car using a clutch pedal and shifter. If you drive an automatic, the car does all the shifting for you (all you have to do is push the gas and brake pedals). While a manual transmission car might sound more tedious since you have to do the shifting work, it actually has a ton of perks. Stick shift cars tend to be cheaper to buy, more fuel-efficient, and they’re definitely more exciting to drive as you have full control over your acceleration and RPMs.
However, stick shift cars also allow for more repairs if you damage the clutch, gears, shifter, etc. That’s why it’s critical that you know how to handle one of these Clermont Toyotas – check out our tips below.
Tip #1: Pull the parking brake.
When you park your stick shift car, you’ll shift it into neutral before you turn it off. This means that your car can roll (you’d be surprised that it’ll even roll on a flat surface sometimes). Be sure to pull your parking brake so it doesn’t roll out of your parking spot and into another vehicle or building.
Tip #2: Always use your clutch pedal.
You should always, always, always remember to push in your clutch pedal before shifting gears in a stick shift car. The clutch allows the gears to smoothly shift and if you try to shift without using it, you can do damage to your car’s gears and engine. Always use the clutch first, then shift. Similarly, you’ll want to use the clutch when you brake to avoid stalling out as your vehicle slows down and experiences lower RPMs.
Tip #3: Shift into neutral when you stop.
Some drivers like to keep their manual transmission cars in first gear at stoplights so they’re ready to hit the road immediately when the light turns green. Some even use the clutch pedal to rock their car back and forth at stoplights. However, it’s in your best interest to shift into neutral when you’re waiting at a light. This will ensure that you avoid damaging your gears and engine over time.
Tip #4: Don’t fight against your RPMs.
You need to work with your RPMs rather than fight them if you want to avoid stalling out, overheating, and damage to your Clermont Toyota’s parts. Don’t throw your car into a low gear if your RPMs are high – gradually work. your way down. Additionally, if you’re in a high gear, don’t slam the gas pedal to accelerate quickly (this can cause overheating). Instead, shift to a lower gear and use your gas in combination to speed up.
Tip #5: Take your hand off the shifter when you’re not shifting.
Try not to rest your hand on your shifter if you’re not actively shifting – this just puts unnecessary weight and stress on this important car part and can do damage over time.
Get answers to all of your stick shift questions today
Have questions? Call Toyota of Clermont today. We’re open seven days a week at (352) 404-7000 and we’re conveniently located at 16851 State Road 50, just off the Florida Turnpike.
Posted in Uncategorized
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ESSENTIALAI-STEM
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John I, Duke of Saxony
John I (1249 – 30 July 1285) ruled as duke of Saxony from 1260 until 1282.
John was the elder son of Duke Albert I of Saxony and his third wife Helen, a daughter of Otto the Child. John and his younger brother Albert II jointly ruled the Duchy of Saxony after the death of their father Albert I in 1260. In 1269, 1272, and 1282 the brothers gradually divided their land within the three territorially unconnected Saxon areas (one called Land of Hadeln around Otterndorf, another around Lauenburg upon Elbe and the third around Wittenberg), thus preparing a partition. As part of this arrangement John I became Burgrave of Magdeburg in 1269. In the imperial election in 1273, Albert II represented the jointly ruling brothers.
In 1270, John married Ingeborg Birgersdotter of Småland (*c. 1253–30 June 1302*, Mölln), a daughter or grandchild of Birger jarl. They had eight children, among them the following:
* Helen (c. 1272–1337), married firstly to Count Günther IX of Schwarzburg-Blankenburg (*?–1289*), secondly to Adolph VI, Count of Holstein-Schauenburg
* Elisabeth (c. 1274– before 1306), married to Valdemar IV, Duke of Schleswig
* John II (c. 1275–22 April 1321)
* Eric I (1280/1282–1359/1361)
* Albert III (c. 1281–October 1308)
* Sophia (died on 13 December 1319), prioress in Plötzkau
John I resigned in 1282 in favour of his three minor sons Eric I, John II and Albert III. Later John I entered the Franciscan monastery in Wittenberg, becoming its warden (guardian), which position he held until he died. John I's sons and their uncle Albert II continued the joint rule in Saxony. John died in Wittenberg.
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WIKI
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