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reliv/white-rat
A whitelisting library for PHP that supports deep arrays
0.2.0 2018-07-05 19:03 UTC
This package is auto-updated.
Last update: 2022-05-11 09:38:38 UTC
README
A whitelisting library for PHP that supports deep arrays
Installation
composer require reliv/white-rat
Use
To use as a stateless service:
use Reliv\WhiteRat\Filter;
$filter = new Filter();
$rules = /* White-list rules go here; see further explanation below */;
// Optional safety check; throws an exception if $rules is not valid
$filter->validate($rules);
$subject = [/* Data to be filtered */];
$filteredSubject = $filter($subject, $rules);
To pre-compile a reusable filter as an invokable whitelist:
use Reliv\WhiteRat\Whitelist;
$whitelist = new Whitelist([
/* White-list rules go here; see further explanation below */
/* The rules will be validated upon construction */
]);
$subject = [/* Data to be filtered */];
$filteredSubject = $whitelist($subject);
Whitelist Rules
Whitelist rule sets are designed to closely mirror the structure of the data they are applied to. A rule set takes the form of an array that is a mix of associative and indexed values, although the order of indexed values is irrelevant. When a value is indexed, it must be a string. When it is associative, it must be either an array or a boolean. Each string, whether it is a key or a value, correlates with a key in the data.
If a string appears as an indexed value, the correlating key in the data, including all fields below it, are whitelisted.
If a string appears as a key, and the value is a boolean, it indicates whether the associated data is whitelisted or not.
If a string appears as a key, and the value is an array, this indicates a more specific whitelist rule for sub-keys of the associated data. Whitelisting rules then proceed recursively.
It is also possible to whitelist indexed arrays. To do this, create an array within in array, where the sub-array is the only child of its parent and is an indexed child. This looks like a set of double brackets, and we refer to it as the "double-array."
Whitelist rules are validated upon construction of the whitelist. An exception of type Reliv\WhiteRat\WhitelistValidationException will be thrown if there are any problems detected in the rules given, and the path to the rule and an explanation of the error will be provided.
By default, no fields are whitelisted and all data will be filtered out, leaving you with an empty array. However, any fields present in the whitelist but absent in the data being filtered are ignored in the whitelist. This means its safe to whitelist optional data.
Examples
$whitelist = new Whitelist([
'foo',
'bar' => true,
'bob' => false,
'baz' => [
'flip' => true,
'flop' => [ ['flummox'] ],
'quux',
]
]);
$data = [
'foo' => 'FOO!',
'bar' => 'BAR!',
'bob' => 'BOB!',
'baz' => [
'flip' => 'FLIP!',
'flop' => [
['flimsy' => 111, 'flummox' => 222],
['flummox' => 333, 'flopsy' => 444]
]
]
]
$result = $whitelist($data);
var_dump($result);
Output:
array(3) {
["foo"] => "FOO!"
["bar"] => "BAR!"
["baz"] => array(2) {
["flip"] => "FLIP!"
["flop"] => array(2) => {
array(1) => {
["flummox"] => int(222)
}
array(1) => {
["flummox"] => int(333)
}
}
}
}
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ESSENTIALAI-STEM
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Talk:Optima, Oklahoma
How did the town/lake get its name?
Source: https://www.okhistory.org/publications/enc/entry?entry=OP004 — Preceding unsigned comment added by <IP_ADDRESS> (talk) 18:14, 25 March 2024 (UTC)
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WIKI
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Author kulikjak
Recipients ezio.melotti, kulikjak, vstinner
Date 2021-03-30.10:12:50
SpamBayes Score -1.0
Marked as misclassified Yes
Message-id <1617099171.12.0.60018679663.issue43667@roundup.psfhosted.org>
In-reply-to
Content
I forgot to mention: this affects Oracle Solaris. I tested this on SmartOS, and I cannot reproduce it there as it seems that they are using Unicode representation for all locales. Based on the documentation, this might also affect other systems as well (e.g. HP UIX specifically says: 'These values may not be compatible with values obtained by specifying other locales that are supported'), but it's hard to tell without testing that.
This one liner breaks with ValueError: character U+30000069 is not in range [U+0000; U+10ffff] if the issue is present:
python3.7 -c 'import datetime; import locale; locale.setlocale(locale.LC_ALL,"es_ES.ISO8859-1"); datetime.date(2001, 1, 3).strftime("%a")'
History
Date User Action Args
2021-03-30 10:12:51kulikjaksetrecipients: + kulikjak, vstinner, ezio.melotti
2021-03-30 10:12:51kulikjaksetmessageid: <1617099171.12.0.60018679663.issue43667@roundup.psfhosted.org>
2021-03-30 10:12:51kulikjaklinkissue43667 messages
2021-03-30 10:12:50kulikjakcreate
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ESSENTIALAI-STEM
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Page:Aboriginesofvictoria02.djvu/36
20 dialect of the tribe, that word thenceforth is never used, or certainly not again resumed until the dead person is forgotten by all but near relatives. In this manner the dialects are in time slightly altered.
Again, new words and phrases would be introduced, and some peculiar modes of expression arise, in consequence of a son-in-law being prohibited from speaking to or using the name of his mother-in-law. A man with two or three wives would not seldom be placed in some difficulty; and if possessed of more than ordinary capacity, might, in extricating himself, make perhaps no trifling additions to the vocabulary.
A powerful man—a warrior, a priest, or a dreamer—would in like manner, even if he did not coin new words, greatly influence the mode of speech in his tribe. His peculiarities would be imitated by the young persons, and perhaps new substantives would be woven into verbs, and new suffixes given to parts of speech.
Indeed it is surprising that there should be a sameness in the structure of the languages throughout Australia, and no greater diversity in words. Having no signs or symbols whereby a word or a sentence could be fixed, without having direct communication with each other; and some tribes, though not far distant, being altogether separated, and being influenced by different physical aspects, different forms of vegetation, and different climates—it is astonishing that the original tongue from which the existing languages and dialects have proceeded is yet vital, and exhibits its character and method in so many almost unvarying aspects throughout such an immense tract.
The well-known call Coo-ee, used when the natives hail each other in the bush, is universally adopted by colonists, and this speaks strongly in its favor. It would be difficult, indeed, to utter any other sound which would be as clear and as soft, as significant, and be carried as far in the forest as this call.
The drumming or droning noise made by the men when engaged in the corrobboree, and the grunting sounds they utter, are appropriate to their action.
When a warrior is speaking, and he is interrupted, he cries ''Wau-h! Wau-h'' has a number of different meanings, varying with the tone in which it is uttered. It has as many meanings as "Hear! hear!" in our assemblies. Those words may be spoken scornfully, or encouragingly, or—and this happens with Wau-h—when nothing else can be said. The native of Australia is not wanting in skill when engaged in argument, and his Wau-h, like our "Hear! hear!" is often used to disconcert an opponent.
Waugh! is also equivalent to "Behold!" "Look out!" "Hollo!" "Stop!"
When the natives express satisfaction, or when anything strange is presented to their view, they cry Ko-ki! If strongly impressed by a startling statement, they say Kanti!—equal to "My word!" and when they wish to express their acquiescence they say Naa!
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WIKI
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Page:The Sources of Standard English.djvu/38
Rh former is our one relic of the Passive voice. The Imperative in Sanscrit was, in the Singular, nama, in the Plural, namata, answering to the Old English nim and nimath. The Infinitive was nam-anaj-a (the Greek nem-enai), which we had pared down into nim-an more than a thousand years ago. The Active Par­ticiple was nama-nt, which runs through most of the daughters of the Aryan Tongue, and which kept its ground in the Scotch Lowlands until of late years, as ‘ridand’ instead of our corrupt word ‘riding.’ The San­scrit and English alike have both Strong and Weak Passive Participles; the former ending in na, the latter in ta, as stîr-na-s, strew-n.
Sanscrit, yuk-tas Greek, zeuk-tos Latin, junc-tus English, yok-ed (in Lowland Scotch, yok-it).
Those who choose to write I was stopt instead of stopped, may justify their spelling by a reference to the first three forms given above. But this form, though admissible in the Passive Participle, is clearly wrong in the Active Perfect, I stopped, as we shall see farther on.
In the Aryan Speech there were a few Verbs which had lost their Presents, and which used their old Per­fects as Presents, forming for themselves new weak
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WIKI
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Long Jump is a sport in which the performer exercises his strength and stamina. This sport is also known as broad jump. In this tutorial, we will discuss about various techniques and tactics that will help an athlete to achieve success in long jump.
Long Jump is a track-and-field event in which an athlete is required to jump to a distance as far as possible from a given take-off point. Among all the athletes, the person who covers a maximum distance is usually declared as winner. The sport is played under both men and women categories.
The traces of this sport lead us to ancient Greece. It was then played as Olympics pattern. The presence of this sport at that time was believed to be due to its usefulness in warfare. However, the practice methodology was completely different from what we see today. In those days, players used to take-off after running a short distance only. In addition, they were supposed to carry a weight known as halters to give them momentum while swinging forward.
In the late 1800, United States and Europe added this sport into their sport events and soon in 1896 it was introduced in modern Olympics for the first time. However, during this period, the use of halters were completely eliminated. In 1928, Olympics was organised in Holland in which women took part for the first time. Soon after that event, the International Association for Athletic Federation (IAAF) was formed to govern this sport.
In Long Jump, an athlete has to jump as far as possible from the take-off point. Landing is generally done on a sand pit. For more comfort, the land is filled with silicon sand. The run-up before the jump is also limited.
The runway for this sport should have a length of 40 metres and width of 1.22 metres. There is a take-off board present before the landing area. It has the length of 1.22 metres whereas width and depth are 20cm and 10 cm respectively. From at least one metre from the landing area, there should be plasticine to record the athlete’s footfaulted prints. It is generally white in color.
The landing area should be filled with silicon sands. The length of the field from the takeoff point to the end should be at least 10 metres, whereas its width should be of 2.75 metres.
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FINEWEB-EDU
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Addictions And Auriculotherapy
Several alternative therapies for addictions have revealed incredible potentials, including a couple of Traditional Chinese Methods (TCM) methods, acupuncture in Palm Harbor and auriculotherapy (auricular acupuncture). These two treatments have been used for centuries to preserve and regain health. Today, auriculotherapy is used to address current drug problems such as like crack, heroin, and cocaine, heroin as well as the perennial problems of cigarette and alcohol addiction. When this method is administered to patients, they often manifest fewer relapses with no tangible adverse side effects. It’s a bit ironic that people in the Western deem TCM as a type of “alternative therapy” when it has been used by countless numbers of people for thousands of years!
Auriculotherapy is based on the principle that the auricle or outer ear is made up of acupuncture points that when stimulated, produces corresponding health benefits to some of the body organs. It is the stimulation of the external ear to determine and treat illnesses in other areas of the body. The outer or external ear is oftentimes compared to an upside-down fetus, with the feet represented as the top of the auricle and the head, the lower lobe of the ear,while the rest of the fetus’s body,represented as the rest of our body.
Current uses of this technique are founded on the work of French Doctor Paul Nogier who practiced in the 1950s. The Chinese government feted Dr. Nogier by giving him the title “Father of Modern Ear Acupuncture.”
However, it was an American psychiatrist named Michael Smith,who laid the groundwork and use of this technique in the realm of chemical dependency. In 1987, he came up with an auriculotherapy protocol to treat drug and alcohol addiction, which was first used in the Lincoln Hospital in New York. The protocol was modified to concentrate on court-related referrals. Dr. Smith helped establish the court monitoring system and drug court treatment of Miami and has counseled many other programs all over the country. He based this on the model used by the Lincoln Hospital. Most importantly, Dr. Smith also established the NADA protocol created by the National Acupuncture Detoxification Association.
Addictions and Auriculotherapy
Auriculotherapy treats addictions by using certain auricle points associated with dependencies. These points are stimulated with laser, electro-stimulation, acupressure, needles, magnets, seeds/pellets, or acupressure. The therapy is performed by various practitioners, including psychotherapists, acupuncturists, physical therapists, nurses, chiropractors, naturopaths, and medical physicians. One of the greatest aspects of auriculotherapy or acupuncture is that they are safe enough to be used on “high risk” patients. Pharmacologic therapies are usually curtailed by the physical conditions of the patient like high blood pressure and pregnancy. Auriculotherapy and acupuncture can be conducted affordably and effectively on a wide range of people.
The West barely knew anything about acupuncture let alone, auricular acupuncture until the early 70s. The NIH (National Institutes of Health)in 1997 issued a statement recommending the therapy for several illnesses. The WHO or World Health Organization has listed more than 40 health problems, including addictions, which acupuncture can treat.
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ESSENTIALAI-STEM
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I created a small script to parse text/gemini files to HTML (to be able to add them to Wallabag). If you are interested, it's here: git.oscarbenedito.com/osf/file
It works well with pipes so you can download files and parse them easily from the command line, for example:
echo -ne "gemini://example.com/path/to/f" | ncat --ssl example.com 1965 | tail -n +2 | ./gemini-to-html.py
will output the HTML content (assuming the gemini header is "20 text/gemini").
Follow
You can create a shell function to make it simpler:
gmi() {
address=${1#gemini://}
domain=${address%%/*}
echo -ne "gemini://$address\r\n" | ncat --ssl $domain 1965 | tail -n +2 | /path/to/gemini-to-html.py
}
And then call "gmi example.com/path > file.html". You can also add additional checks for the gemini response code if you want 😃.
Sign in to participate in the conversation
Fosstodon
Fosstodon is an English speaking Mastodon instance that is open to anyone who is interested in technology; particularly free & open source software.
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ESSENTIALAI-STEM
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Restricted open-shell Hartree–Fock
Restricted open-shell Hartree–Fock (ROHF) is a variant of Hartree–Fock method for open shell molecules. It uses doubly occupied molecular orbitals as far as possible and then singly occupied orbitals for the unpaired electrons. This is the simple picture for open shell molecules but it is difficult to implement. The foundations of the ROHF method were first formulated by Clemens C. J. Roothaan in a celebrated paper and then extended by various authors, see e.g. for in-depth discussions.
As with restricted Hartree–Fock theory for closed shell molecules, it leads to Roothaan equations written in the form of a generalized eigenvalue problem
* $$\mathbf{F} \mathbf{C} = \mathbf{S} \mathbf{C} \mathbf{\epsilon}$$
Where F is the so-called Fock matrix (which is a function of C), C is a matrix of coefficients, S is the overlap matrix of the basis functions, and $$\epsilon$$ is the (diagonal, by convention) matrix of orbital energies. Unlike restricted Hartree–Fock theory for closed shell molecules, the form of the Fock matrix is not unique. Different so-called canonicalisations can be used leading to different orbitals and different orbital energies, but the same total wavefunction, total energy, and other observables.
In contrast to unrestricted Hartree–Fock (UHF), the ROHF wave function is a satisfactory eigenfunction of the total spin operator - $$\mathbf{S}^2$$ (i.e. no Spin contamination).
Developing post-Hartree–Fock methods based on a ROHF wave function is inherently more difficult than using a UHF wave function, due to the lack of a unique set of molecular orbitals. However, different choices of reference orbitals have shown to provide similar results, and thus many different post-Hartree–Fock methods have been implemented in a variety of electronic structure packages. Many (but not all) of these post-Hartree–Fock methods are completely invariant with respect to orbital choice (assuming that no orbitals are "frozen" and thus not correlated). The ZAPT2 version of Møller–Plesset perturbation theory specifies the choice of orbitals.
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WIKI
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Overton v. Cheek
THIS case was brought up by writ of error from the Circuit Court of the United States for the district of West Tennessee.
Mr. Davidge moved to dismiss the writ for the following reasons, which motion was opposed by Mr. Gillet.
In this cause, a transcript of the record was filed in the office of the clerk of this court on the eighteenth day of February, 1858, and the cause was thereupon docketed. No writ of error was returned with the transcript; nor has any writ of error, in a legal sense, ever been returned. But on the twenty-seventh day of December, 1859, a paper was filed in the clerk's office, in form of a writ of error, but without the seal of the Circuit Court, whose proceedings are to be re-examined, and without an authenticated transcript of the record annexed to and returned with it, as required by the judiciary act.
By reference to the transcript, it will appear that the judgment of the Circuit Court was rendered on the sixteenth day of April, 1857. At the ensuing term of this court, the transcript was filed. The paper filed in the clerk's office purports to have been issued by the clerk of the Circuit Court on the seventeenth day of April, 1857, and it is returnable to this court on the first Monday of December, 1857. It does not appear ever to have been filed in the Circuit Court. There is no citation.
It is submitted—
1. That in order to give jurisdiction to this court, the writ of error must be under the seal of the Circuit Court, whose clerk is authorized to issue it. Act of Congress of May eighth, 1792, sec. 9; (1 Statutes at Large, 278.)
2. That the writ of error must be returned at the ensuing term. If a term intervene, the objection is fatal.
Hamilton v. Moore, 3 Dallas, 371.
Steamer Virginia v. West et al., 19 Howard, 182.
Villalobos v. United States, 6 Howard, 81.
United States v. Carey, ib., 106.
3. That there must be annexed to, and returned with, the writ, an authenticated transcript of the record. Without the writ, the transcript is filed without authority of law; and a writ of error without the record of the court to be reviewed, or reasons for not returning it, is not returned. Here the writ of error comes back as it went out. There is no return, and hence no jurisdiction.
4. The writ does not appear to have been filed in the Circuit Court.
Brooks v. Norris, 11 Howard, 204.
5. There was no citation, and no legal evidence of the waiver of the citation. The transcript filed does show that the citation was waived; but that transcript is not legally before this court, not having been returned in obedience to process.
6. That the transcript was not returned in conformity with law and the rules of this court.
Mr. Justice McLEAN delivered the opinion of the court.
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WIKI
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Dergi makalesi Açık Erişim
Development and characterization of dual sensitive poly(N,N-diethyl acrylamide) grafted alginate microparticles
Isiklan, Nuran; Altinisik, Zeynep
Temperature and pH dual sensitive materials have attracted much interest in the fields of tissue engineering and drug delivery. In this study, a novel temperature and pH dual sensitive poly(N,N-diethyl acrylamide) grafted alginate (A-g-PDEA) microparticles were developed for 5-fluorouracil (5-FU) delivery. The structures of 5-FU loaded A-g-PDEA microparticles were characterized by FTIR, DSC, SEM, and XRD analyses. The effect of PDEA grafting percentage, temperature and pH on the swelling ratio and the release of 5-FU was explored. The obtained results displayed that the 5-FU release was controlled by both the temperature and pH of the medium. Furthermore, A-g-PDEA microparticles demonstrated a sustained release of 5-FU compared to free 5-FU. Moreover, the 5-FU release and swelling ratio of A-g-PDEA microparticles decreased with the increase in grafting percentage, crosslinking time and 5-FU/copolymer ratio. All the results indicated that A-g-PDEA microparticles are promising candidates for the sustained and controlled delivery of drugs.
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ESSENTIALAI-STEM
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Global Underground 015: Uruguay
Global Underground 015: Darren Emerson, Uruguay is a DJ mix album in the Global Underground series, compiled and mixed by Darren Emerson. The mix is a retrospective look at a set at the La Morocha club in Punta del Este, Uruguay.
A popular techno and deep house DJ for many years in his own right, Darren Emerson's global profile had gone stellar with the huge success of Underworld, particularly following their chart-bothering re-release of Born Slippy. While making this mix out in Uruguay, on an afternoon stroll along the beach, Darren dropped the bombshell to GU's Andy that he was thinking of leaving the band. Andy tried to persuade him otherwise - at least until the album was out - but his mind was made up and the story was soon to break in the dance media anyway. Darren's departure was a big shock to his fans, but it made his debut GU mix one of his first public statements after the decision. As such, it became symbolic of his solo intent.
It's a bold and tasty showcase of Emerson the club DJ, taking GU into deeper techno territory than it had gone before, while still joining the dots in terms of progression and an expansive musical vision. The prog purists of the day, who were still enraptured by the recent Digweed and Sasha GU mixes, were a little fazed by this one. However, Darren holds his own superbly over both CDs, introducing the likes of Speedy J and Dave Clarke to new ears.
Disc one
* 1) The Orb - "A Huge Ever Growing Pulsating Brain That Rules From the Centre of the Ultraworld" – 7:31
* 2) Holy Ghost - "Twister" – 4:34
* 3) Trevor Rockcliffe - "Take a Chance" – 4:10
* 4) HALO & Hipp E - "Funk Your Body" – 3:29
* 5) Chaser - "Tall Stories" – 5:32
* 6) Combustible - "Carnival" – 4:56
* 7) Bert Dunk - "Groove Y'all" – 4:11
* 8) Meeker - "Save Me" – 6:09
* 9) Saints & Sinners - "Pushin' Too Hard" – 7:23
* 10) Deetron - "Decipher Language" – 5:55
* 11) Speedy J - "Rise" – 4:41
* 12) Dave Angel - "Rematch" – 3:57
* 13) Ron Trent - "Altered States" – 7:51
Disc two
* 1) Paul Jacobs - "Soul Grabber Part 3" – 4:02
* 2) David Duriez - "Plastic Music" – 2:00
* 3) Genetic Grooves - "Cloud 99" – 1:45
* 4) Aaron Carl - "Dance Naked" – 6:44
* 5) Freelance Science - "Can U Feel Tha Funk" – 4:09
* 6) Lil' Louis & the World - "French Kiss" – 4:54
* 7) Sixteen B - "It Doesn't Have to End" – 4:18
* 8) Anti Trance Terrorists - "Pig Jam" – 2:41
* 9) Dave Clarke - "The Compass" – 4:34
* 10) Christian Smith - "Mojito" – 1:51
* 11) Pascal F.E.O.S. - "I Can Feel That" – 6:34
* 12) Plastic Avengers - "Chukus Mahunkus" – 2:01
* 13) Sound Stream - "Let's Break" – 4:39
* 14) Reaver - "Electrophonic" – 4:47
* 15) Westbam - "Mr. Peanut" – 3:33
* 16) Changing Shape - "M" – 3:06
* 17) Paul Rutherford - "Get Real" – 5:54
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WIKI
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Dezfuli dialect
Dezfuli (local names: دزفولی, dezfuli, or دسفیلی, desfili) is a Persian dialect spoken in Dezful in the province of Khuzestan in Iran. It constitutes a language with the Shushtari dialect, which is spoken in Shushtar, the adjacent city. The main difference between Dezfuli and Shushtari is in vowel pronunciation.
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WIKI
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Actions of prostaglandin E1 on lipopolysaccharide-evoked responses in vivo and in vitro following resuscitated trauma
Ronald M. Stewart, Timothy C. Fabian, Mary P. McGinty, Matthew J. Fabian, Kenneth G. Proctor
Research output: Contribution to journalArticlepeer-review
7 Scopus citations
Abstract
Prostaglandins of the E series (PGE1, PGE2) have well-described immunosuppressive (antiinflammatory) as well as vasodilator (pro-inflammatory) actions. The net effect on an acute inflammatory response would depend on the dose, timing, and site of action. Egg phosphatidyl liposomes are novel drug delivery vehicles that can alter the in vivo disposition of PGE1. The purpose of this study was to explore the therapeutic potential of PGE1, with or without liposome encapsulation, on the systemic inflammatory response evoked by endotoxin following trauma. Anesthetized pigs received a soft tissue injury + hemorrhage, and fluid resuscitation after 1 h. In one series, whole blood was incubated with PGE1 (0, 40, or 200 μg/mL) and Escherichia coli endotoxin (LPS; 0, 1, 5, or 10 μg/mL) in vitro and neutrophil CD18 adherence receptor density was measured with immunomonitoring. In another series, LPS (5 μg/kg) was administered 3 days following trauma to animals pretreated with either phosphate-buffered saline (PBS) + PGE1 (62 ng/kg/min × 40 min, 2.5 μg/kg total, n = 8), PBS (n = 12), liposomes alone (Lipo, n = 10) or liposome-encapsulated PGE1 (Lipo + PGE, n = 7). This PGE1 dose had minimal effects on blood pressure in baseline conditions. Hemodynamics, cell differential counts, plasma cortisol, and plasma tumor necrosis factor (TNF) were measured for 3 h post-LPS. LPS in vitro caused a dose-related increase in neutrophil CD18 expression that was not altered by < 200 μg/mL PGE1 before or after trauma. LPS in vivo increased pulmonary vascular resistance and heart rate and both were blunted by PGE1: .73 ± .14 vs. .40 ± .06 mmHg/mL/min/kg, PBS vs. PBS + PGE1, p = .0167 and 128 ± 7 vs. 93 ± 9 beats/min, PBS vs. PBS+PGE1, p = .0020, respectively. In addition, stroke index (and therefore cardiac efficiency) was improved with PGE1 + PBS vs. PBS (p = .0024). These cardiovascular effects were eliminated when PGE1, was liposome encapsulated. Plasma TNF was increased to 300-600 pg/mL following LPS and there was no effect of PGE1 or liposomes, but the LPS increased plasma cortisol to 7.8 ± .8 vs. 4.0 ± 1.0 μg/100 mL for PBS vs. PBS + PGE1 (p = .0732) and 8.5 ± 2.1 vs. 2.9 ± 1.1 μg/100 mL for Lipo vs. Lipo + PGE1 (p = .0131). Conclusions are as follows: 1) PGE1 reduced the LPS-evoked cortisol increase and improved cardiac function, but had no detectable effect on the evoked TNF spike or neutropenia; 2) Liposome encapsulation eliminated the cardiac, but not the cortisol-lowering, effect; 3) the relative lack of PGE1 on LPS-evoked acute inflammation could reflect a desensitization to its immunosuppressive actions. Alternatively, the results are consistent with the interpretation that PGE1 is not a primary regulator for acute inflammation, but is rather one of a myriad of pro- and anti-inflammatory factors that balance the process.
Original languageEnglish (US)
Pages (from-to)307-314
Number of pages8
JournalShock
Volume3
Issue number4
DOIs
StatePublished - Apr 1995
ASJC Scopus subject areas
• Emergency Medicine
• Critical Care and Intensive Care Medicine
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Dive into the research topics of 'Actions of prostaglandin E1 on lipopolysaccharide-evoked responses in vivo and in vitro following resuscitated trauma'. Together they form a unique fingerprint.
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ESSENTIALAI-STEM
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Once Upon a Girl
Once Upon a Girl is a 1976 American pornographic live-action/animated fantasy comedy film produced and directed by Don Jurwich, and co-written by Jurwich and Joel Seibel. It was done by a group of animators, former employees of Walt Disney Productions and Hanna-Barbera, according to the director in an interview included with the DVD release.
Plot
A lewd old lady claiming to be Mother Goose (Hal Smith) has been put on trial for obscenity due to telling the "true versions" of famous fairy tales. Her evidence is presented as a collection of pornographic animated shorts, those of Jack and the Beanstalk, Cinderella, and Little Red Riding Hood.
Cast
* Hal Smith – Mother Goose (live action segments) / Giant / Additional voices
* Frank Welker – Jack / Fairy Godmother / Prince / Additional voices
* Richmond Johnson
* Carol Piacente
* Kelly Gordon
Home media
On November 14, 2006, Severin Films released Once Upon a Girl on DVD, featuring the uncut version, as Severin surrendered the original X rating for an unrated video release.
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WIKI
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Episode #301
Rendering the Final Image
Series: Camera Capture and Detection
15 minutes
Published on September 8, 2017
This video is only available to subscribers. Get access to this video and 549 others.
In this episode we take the captured image and run the perspective correction filter on it in order to turn a skewed rect back into a flat rectangle. We then display the image on the screen for a few seconds as a preview mechanism.
Episode Links
Perspective Correction
private func perspectiveCorrect(_ image: CIImage, rectFeature: CIRectangleFeature) -> CIImage? {
let perspectiveFilter = CIFilter(name: kCIPerspectiveCorrection)!
perspectiveFilter.setValue(image, forKey: kCIInputImageKey)
let corners = [
(rectFeature.topLeft, "inputTopLeft"),
(rectFeature.topRight, "inputTopRight"),
(rectFeature.bottomRight, "inputBottomRight"),
(rectFeature.bottomLeft, "inputBottomLeft"),
]
for (point, key) in corners {
let vector = CIVector(cgPoint: point)
perspectiveFilter.setValue(vector, forKey: key)
}
guard let correctedImage = perspectiveFilter.outputImage else { return nil }
return correctedImage
}
Displaying the image on screen
private func displayImage(ciImage: CIImage) {
guard let cgImage = ciContext.createCGImage(ciImage, from: ciImage.extent) else {
fatalError()
}
let image = UIImage(cgImage: cgImage, scale: UIScreen.main.scale, orientation: .up)
let imageView = UIImageView(image: image)
imageView.frame = view.bounds
imageView.backgroundColor = UIColor(white: 0, alpha: 0.8)
imageView.contentMode = .scaleAspectFit
imageView.alpha = 0
view.addSubview(imageView)
UIView.animate(withDuration: 0.3) {
imageView.alpha = 1
}
DispatchQueue.main.asyncAfter(deadline: .now() + 2) {
UIView.animate(withDuration: 0.3, animations: {
imageView.alpha = 0
}, completion: { completed in
imageView.removeFromSuperview()
self.detectRectangles = true
})
}
}
Fixing the rotation of the image
Running the application, we can see that if we capture the image, it is displayed in a rotated fashion. To fix this, we can chain another filter to our perspective correction method in order to rotate the image to the proper orientation.
let extent = correctedImage.extent
let transformFilter = CIFilter(name: kCIAffineTransform)!
/*----*
| |
*----*/
var transform = CGAffineTransform(translationX: extent.midX, y: -extent.midY)
transform = transform.rotated(by: -.pi/2)
transform = transform.translatedBy(x: -extent.midX, y: extent.midY)
transformFilter.setValue(correctedImage, forKey: kCIInputImageKey)
transformFilter.setValue(transform, forKey: kCIInputTransformKey)
return transformFilter.outputImage
This episode uses Xcode 9.0-beta3, Swift 4.
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ESSENTIALAI-STEM
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Packaging A HotCocoa Application
01 February 2010
← Home
HotCocoa is a thin, idiomatic Ruby layer that sits above Cocoa and other frameworks. HotCocoa used to be included in MacRuby but is now managed as a separate gem. Developing a HotCocoa application with TextMate and Terminal is a lightweight and expressive alternative to using Xcode and Interface Builder and I encourage everyone to give it a shot. Now that HotCocoa is hosted on GitHub forking and sending pull requests is probably the easiest way for a lot of people to contribute to the MacRuby ecosystem.
Getting Started
Getting started with HotCocoa from the Terminal is a breeze:
sudo macgem install hotcocoa
hotcocoa demo
cd demo
macrake
These commands will install HotCocoa, create a skeleton demo application and launch the application, which should look something like this:
Distribution
Packaging up a HotCocoa app for distribution is also dead simple:
macrake deploy
This task will copy the entire MacRuby Framework, including the HotCocoa gem, into the application bundle ready for download as a self-contained app.
When I was packaging up Stopwatch for download I decided to not include the standard library and cut down the size of the app from around 150MB to 30MB. This turned out to be harder than I expected. Rubygems is part of the standard library and since HotCocoa is now a gem I had to embed HotCocoa into the app without requiring Rubygems. Here are the two rake tasks that unpack HotCocoa and embed MacRuby in the application without the standard library:
task :unpack do
`macgem unpack hotcocoa` unless File.directory? "hotcocoa-0.5.1"
end
task :embed => [:clean, :unpack, :build] do
`macruby_deploy --no-stdlib --embed "#{AppConfig.name}.app"`
end
We also need to make sure HotCocoa is added to the application bundle by adding it to the sources in config/build.yml
name: Stopwatch
load: lib/application.rb
version: "1.0"
resources:
- resources/**/*.*
sources:
- lib/**/*.rb
- hotcocoa*/lib/**/*.rb
agent: true
And finally, require HotCocoa at the top of lib/application.rb
require File.join(File.dirname(__FILE__), '..', 'hotcocoa-0.5.1', 'lib', 'hotcocoa')
So now embedding MacRuby & HotCocoa without the standard library is as simple as running:
macrake embed
All zipped up the entire application is around 10MB.
Building
I also made a small modification to the HotCocoa application builder so that Stopwatch could run as an agent in the background. When I was trying to build my forked version of the HotCocoa gem I got this nasty error:
macgem build hotcocoa.gemspec
ERROR: While executing gem ... (IOError)
not opened for reading
not opened for reading (IOError)
A workaround for this is to use the MRI gem command for building and then macgem for installing:
gem build hotcocoa.gemspec && sudo macgem install hotcocoa-0.5.1.gem
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Mechanism of spontaneous polarization transfer in high-field SABRE experiments
Stephan Knecht, Alexey S. Kiryutin, Alexandra V. Yurkovskaya, Konstantin L. Ivanov
Результат исследования: Научные публикации в периодических изданияхстатьярецензирование
17 Цитирования (Scopus)
Аннотация
We propose an explanation of the previously reported SABRE (Signal Amplification By Reversible Exchange) effect at high magnetic fields, observed in the absence of RF-excitation and relying only on “spontaneous” polarization transfer from parahydrogen (pH2, the H2 molecule in its nuclear singlet spin state) to a SABRE substrate. We propose a detailed mechanism for spontaneous polarization transfer and show that it is comprised of three steps: (i) Generation of the anti-phase Î1zÎ2z spin order of catalyst-bound H2; (ii) spin order conversion Î1zÎ2z→(Î1z2z) due to cross-correlated relaxation, leading to net polarization of H2; (iii) polarization transfer to the SABRE substrate, occurring due to NOE. Formation of anti-phase polarization is due to singlet-to-T0 mixing in the catalyst-bound form of H2, while cross-correlated relaxation originates from fluctuations of dipole–dipole interactions and chemical shift anisotropy. The proposed mechanism is supported by a theoretical treatment, magnetic field-dependent studies and high-field NMR measurements with both pH2 and thermally polarized H2.
Язык оригиналаанглийский
Страницы (с-по)74-81
Число страниц8
ЖурналJournal of Magnetic Resonance
Том287
DOI
СостояниеОпубликовано - 1 февр. 2018
Fingerprint
Подробные сведения о темах исследования «Mechanism of spontaneous polarization transfer in high-field SABRE experiments». Вместе они формируют уникальный семантический отпечаток (fingerprint).
Цитировать
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Skip to main content
Using HTML5's PageVisibility API
Today I stumbled upon the PageVisibility API introduced in HTML5, which gives developers an opportunity to improve the performance of a web page and to better the user experience. Whenever a user opens a new tab or navigates to another tab, the behavior of the current page from which user navigated can be controlled using this API. Consider a webmail client that is trying to look for new mails every two seconds, if a user opens a new tab or minimizes the browser window then retrieving mails every two seconds would expend resources, whilst the user is not actively viewing the page. Here the PageVisibilty API would come handy and would allow developers to alter the behavior of the web page.
The specification introduces the interface - DocumentVisibility. It includes the attributes 'hidden' and 'visibilityState'. The hidden attribute of the document object (document.hidden) returns true if the user selects another tab or when the browser window is minimized. It returns false when the same document is selected by the user. The visibilityState attribute is used to indicate the state of the page - hidden, visible and preview (marked as optional in the spec).
To be notified when the document becomes hidden or when it becomes visible again one can listen to the 'visibilitychange' event. The example below calculates the number of seconds the user was not active on the page:
<!DOCTYPE HTML>
<html>
<head>
<script type="text/javascript">
timer = 0;
function onLoad(){
document.addEventListener("visibilitychange",stateChanged);
document.addEventListener("webkitvisibilitychange", stateChanged);
document.addEventListener("msvisibilitychange", stateChanged);
}
function stateChanged(){
console.log(document.webkitVisibilityState);
if(document.hidden || document.webkitHidden || document.msHidden){
//new tab or window minimized
timer = new Date().getTime();
}
else {
alert('You were away for ' + (new Date().getTime()-timer)/1000+ ' seconds.')
}
}
</script>
</head>
<body onLoad="onLoad()">
</body>
</html>
Browser support:
Chrome and IE-10 (surprisingly) have implemented this specification. However, as observed in the above code, they have provided their own prefixes to the attributes and the event listener. On Chrome, the attributes are named webkitHidden and webkitVisibilityState. On IE, it is msHidden and msVisibilityState. Similarly the event is named webkitvisibilitychange and msvisibilitychange.
Uses:
The PageVisiblity API can be used to notify the page when the user is not interacting with it. On receiving this notification, the client can stop polling for new data. Also, when the user selects the page, a notification can be sent to indicate that the user is active and new data can be fetched from the server. This API would also come handy where the web page is rendering some animation effects. It would make sense to stop the animation when the user is not viewing the page. When the user selects the page, a welcome back message can be displayed and the animation effect can be started.
Comments
1. Thanks a bunch! That's exactly what I was looking for, I've googled HTML5's PageVisibility APIand found your post and browsed your blog a little bit. It is amazing, you did you stopped posting?
Maura, family tree maker
ReplyDelete
2. I'm glad that this post helped you. I've been posting on HTML5 APIs, please see
http://www.sagarganatra.com/search/label/HTML5
ReplyDelete
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Quotas and limits
This document lists the quotas and limits that apply to Cloud Router.
To change a quota, see requesting additional quota.
A quota restricts how much of a particular shared Google Cloud resource your Cloud project can use, including hardware, software, and network components.
Quotas are part of a system that does the following:
• Monitors your use or consumption of Google Cloud products and services.
• Restricts your consumption of those resources for reasons including ensuring fairness and reducing spikes in usage.
• Maintains configurations that automatically enforce prescribed restrictions.
• Provides a means to make or request changes to the quota.
When a quota is exceeded, in most cases, the system immediately blocks access to the relevant Google resource, and the task that you're trying to perform fails. In most cases, quotas apply to each Cloud project and are shared across all applications and IP addresses that use that Cloud project.
Many products and services also have limits that are unrelated to the quota system. These are constraints, such as maximum file sizes or database schema limitations, which generally cannot be increased or decreased, unless otherwise stated.
Quotas
This table covers important quotas per project. For other quotas, see the Cloud Console Quotas page.
Item Quota Notes
Cloud Routers per project Quota Regardless of quota, each network is limited to five Cloud Routers per region. See Limits.
Limits
The following limits for Cloud Router apply to Virtual Private Cloud (VPC) networks. Unless otherwise stated, these limits cannot be increased.
Item Limit Notes
Maximum number of Cloud Routers per combination of VPC network and region 5 If you have sufficient project quota, you can create up to five Cloud Routers in a given VPC network and region.
Maximum number of BGP peers for each Cloud Router in a given VPC network and region 128 The BGP peer can be a Cloud VPN tunnel using dynamic routing or a VLAN attachment for Dedicated Interconnect or Partner Interconnect.
For a given Cloud Router, maximum number of subnet route advertisements per BGP session No restriction Cloud Routers do not have a limit for the number of subnet routes they can advertise. The number of subnet routes are determined by the number of subnets, which are controlled by VPC network quotas and limits.
For a given Cloud Router, maximum number of custom route advertisements per BGP session 200 If the custom route advertisements are identical for all BGP sessions on a Cloud Router, this limit represents the total number of unique custom route advertisements for the Cloud Router. In this case, each session receives the same set of custom route advertisements.
Maximum number of unique destinations for learned routes that can be applied to subnets in a given region by all Cloud Routers in the same region 100
For both limits on the maximum number of unique destinations for learned routes:
Routes are grouped by unique destinations. Routes with identical destinations but different next hops only count as a single destination. Routes with identical destinations and identical next hops also only count as a single destination.
For networks in global dynamic routing mode, it is possible to reach one of the maximum number of unique destination limits without reaching the other. When either of the limits has been reached, you can experience intermittent connectivity issues when the routes are dropped. For details, see the learned route example.
For more information about these limits, including metrics that you can use to understand your current limits and usage, see Check quotas and limits in Troubleshooting.
If you need to increase either of these limits, contact your Google Cloud sales team.
Only applicable to VPC networks in global dynamic routing mode:
Maximum number of unique destinations for learned routes that can be applied to subnets in a given region by Cloud Routers from different regions
100
Learned route example
The following examples illustrate the route dropping behavior that you can encounter when the regional or global limit is exceeded.
Suppose you have Cloud Routers in the us-east1 region and Cloud Routers in the us-west1 region in the same VPC network, and global dynamic routing is enabled. The Cloud Routers in each region learn a set of routes for 100 unique destinations. For the purpose of this example, the Cloud Routers in each region don’t learn any of the same destinations.
Regardless of which Cloud Routers learn the routes within each region, each region’s regional limit is exhausted because 100 of 100 unique destinations are learned by the Cloud Routers in each region. The global limits for both regions are exhausted because the Cloud Routers in each region import 100 unique destinations from the Cloud Routers in the other region. If the example VPC network used regional dynamic routing, the global limits in each region would not apply because the regional dynamic routing mode does not propagate learned custom dynamic routes from one region to another.
Exceeding a region’s regional limit
Suppose your on-premises router that's connected to a Cloud Router in us-west1 advertises a new route with a 101 destination. Cloud Routers in the us-west1 region pick the routes for 100 of the 101 unique destinations following a deterministic order. The routes that use these selected (100 unique) destinations are made available to resources in the us-west1 region. Those same routes are made available to other regions, subject to each other region’s global limit.
Exceeding a region’s global limit
When 101 unique destinations are learned by Cloud Routers in the us-west1 region, routes for 100 of those 101 unique destinations from us-west1 are made available to resources in the us-east1 region, because the us-east1 region’s global limit can only accept 100 unique destinations.
Suppose that you create a Cloud Router in a third region, us-central1, in the same VPC network. Suppose that the new Cloud Router learns 10 unique destinations from its BGP peer. Although the us-central1 region’s regional destination limit has not been exceeded, the us-central1 region’s global unique destination limit has been exceeded because a total of 200 unique destinations are provided by the other two regions (100 from us-east1 and a different 100 from us-west1). In each region, the deterministic route order selects routes for no more than 100 unique destinations from other regions, as indicated in the following table.
Region Unique destinations local to the region
(usage of region’s regional limit)
Unique destinations from other regions
(usage of region’s global limit)
us-west1 101 received. 100 of the 101 are considered according to the deterministic route dropping. Only the 100 selected prefixes are advertised to remote regions. 110 received (100 from us-east1, 10 from us-central1). 100 of these 110 are considered according to the deterministic route dropping.
us-east1 100 received. All 100 are considered and advertised to remote regions. 110 received (100 from us-west1, 10 from us-central1). 100 of these 110 are considered according to the deterministic route dropping.
us-central1 10 received. All 10 are considered. 200 received (100 from us-west1, 100 from us-east1). 100 of these 200 are considered according to the deterministic route dropping.
Although the us-central1 region’s global limit is exceeded, its regional quota can accept routes whose next hops are in the us-central1 region.
Deterministic route dropping behavior
Cloud Router implements a deterministic route dropping behavior so that, as long as the same prefixes are received in each region, a consistent set of routes are made available to resources within that region. This consistency is preserved when Cloud Router tasks restart. If a limit is exceeded, Cloud Router drops prefixes according to a predictable algorithm regardless of when the routes were learned or the MED values of these routes. A new route can cause a previously learned route to be dropped by the algorithm.
As shown in exceeding a region’s global limit, the deterministic dropping behavior is applied independently to each region’s regional limit and each region’s global limit. The set of 100 unique prefixes that are not dropped in each region due to reaching each region’s global limit (the last column) is not guaranteed to be the same.
Avoiding route dropping
During route dropping, you lose connectivity for the prefixes that are dropped. To avoid route dropping, monitor each region’s regional and global prefix usage by using Cloud Monitoring or Cloud Logging, and make sure not to advertise more unique destinations than each limit.
Consider aggregating prefixes (for example, by aggregating prefixes into a prefix of smaller length) to reduce the number of unique destinations. If aggregating prefixes isn’t possible, contact your Google Cloud Sales team to discuss alternative options.
Managing quotas
Cloud Router enforces quotas on resource usage for various reasons. For example, quotas protect the community of Google Cloud users by preventing unforeseen spikes in usage. Quotas also help users who are exploring Google Cloud with the free tier to stay within their trial.
All projects start with the same quotas, which you can change by requesting additional quota. Some quotas may increase automatically based on your use of a product.
Permissions
To view quotas or request quota increases, Identity and Access Management (IAM) principals need one of the following roles.
Task Required role
Check quotas for a project One of the following:
Modify quotas, request additional quota One of the following:
Checking your quota
Console
1. In the Cloud Console, go to the Quotas page.
Go to Quotas
2. To search for the quota that you want to update, use the Filter table. If you don't know the name of the quota, use the links on this page instead.
gcloud
Using the gcloud command-line tool, run the following command to check your quotas. Replace PROJECT_ID with your own project ID.
gcloud compute project-info describe --project PROJECT_ID
To check your used quota in a region, run the following command:
gcloud compute regions describe example-region
Errors when exceeding your quota
If you exceed a quota with a gcloud command, gcloud outputs a quota exceeded error message and returns with the exit code 1.
If you exceed a quota with an API request, Google Cloud returns the following HTTP status code: HTTP 413 Request Entity Too Large.
Requesting additional quota
To increase or decrease most quotas, use the Google Cloud Console. Some quotas can't be increased above their default values.
For more information, see the following sections of Working with quotas:
Console
1. In the Cloud Console, go to the Quotas page.
Go to Quotas
2. On the Quotas page, select the quotas that you want to change.
3. At the top of the page, click Edit quotas.
4. Fill out your name, email, and phone number, and then click Next.
5. Fill in your quota request, and then click Done.
6. Submit your request. Quota requests take 24 to 48 hours to process.
Resource availability
Each quota represents a maximum number for a particular type of resource that you can create, if that resource is available. It's important to note that quotas do not guarantee resource availability. Even if you have available quota, you can't create a new resource if it is not available.
For example, you might have sufficient quota to create a new regional, external IP address in the us-central1 region. However, that is not possible if there are no available external IP addresses in that region. Zonal resource availability can also affect your ability to create a new resource.
Situations where resources are unavailable in an entire region are rare. However, resources within a zone can be depleted from time to time, typically without impact to the service level agreement (SLA) for the type of resource. For more information, review the relevant SLA for the resource.
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Initial stage of flat plate impact onto liquid free surface
Alessandro Iafrati, Alexander A. Korobkin
Research output: Contribution to journalArticlepeer-review
50 Citations (Scopus)
Abstract
The liquid flow and the free surface shape during the initial stage of flat plate impact onto liquid half-space are investigated. Method of matched asymptotic expansions is used to derive equations of motion and boundary conditions in the main flow region and in small vicinities of the plate edges. Asymptotic analysis is performed within the ideal and incompressible liquid model. The liquid flow is assumed potential and two dimensional. The ratio of the plate displacement to the plate width plays the role of a small parameter. In the main region the flow is given in the leading order by the pressure-impulse theory. This theory provides the flow field around the plate after a short acoustic stage and predicts unbounded velocity of the liquid at the plate edges. In order to resolve the singular flow caused by the normal impact of a flat plate, the fine pattern of the flow in small vicinities of the plate edges is studied. It is shown that the initial flow close to the plate edges is self-similar in the leading order and is governed by nonlinear boundary-value problem with unknown shape of the free surface. The Kutta conditions are imposed at the plate edges, in order to obtain a nonsingular inner solution. This boundary-value problem is solved numerically by iterations. At each step of iterations the “inner” velocity potential is calculated by the boundary-element method. The asymptotics of the inner solution in both the far field and the jet region are obtained to make the numerical algorithm more efficient. The numerical procedure is carefully verified. Agreement of the computed free surface shape with available experimental data is fairly good. Stability of the numerical solution and its convergence are discussed.
REFERENCES
Original languageEnglish
Pages (from-to)1214-1227
Number of pages14
JournalPhysics of Fluids
Volume16
Issue number7
DOIs
Publication statusPublished - 2004
Cite this
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Need private packages and team management tools?Check out npm Teams »
mu2
0.5.21 • Public • Published
Mu - a fast, streaming Node.js Mustache engine
Warning: This version is not API compatible with 0.1.
Install
I have had some issues with my npm auth and got it in a bit of a rut, so for now you have to:
npm install mu2
Issues
Currently mu does not support changing the tag form ({{ }} to say <% %>).
Usage
There are a few ways to use mu 0.5. Here is the simplest:
var mu = require('mu2'); // notice the "2" which matches the npm repo, sorry..
mu.root = __dirname + '/templates'
mu.compileAndRender('index.html', {name: "john"})
.on('data', function (data) {
console.log(data.toString());
});
Here is an example mixing it with the http module:
var http = require('http')
, util = require('util')
, mu = require('mu2');
mu.root = __dirname + '/templates';
http.createServer(function (req, res) {
var stream = mu.compileAndRender('index.html', {name: "john"});
stream.pipe(res);
}).listen(8000);
Taking that last example here is a little trick to always compile the templates in development mode (so the changes are immediately reflected).
var http = require('http')
, util = require('util')
, mu = require('mu2');
mu.root = __dirname + '/templates';
http.createServer(function (req, res) {
if (process.env.NODE_ENV == 'DEVELOPMENT') {
mu.clearCache();
}
var stream = mu.compileAndRender('index.html', {name: "john"});
util.pump(stream, res);
}).listen(8000);
API
mu.root
A path to lookup templates from. Defaults to the working directory.
mu.compileAndRender(String templateName, Object view)
Returns: Stream
The first time this function is called with a specific template name, the
template will be compiled and then rendered to the stream. Subsequent
calls with the same template name will use a cached version of the compiled
template to improve performance (a lot).
mu.compile(filename, callback)
Returns nil
Callback (Error err, Any CompiledTemplate)
This function is used to compile a template. Usually you will not use it
directly but when doing wierd things, this might work for you. Does not
use the internal cache when called multiple times, though it does add the
compiled form to the cache.
mu.compileText(String name, String template, Function callback)
Returns nil
Callback (err, CompiledTemplate)
Similar to mu.compile except it taks in a name and the actual string of the
template. Does not do disk io. Does not auto-compile partials either.
mu.render(Mixed filenameOrCompiledTemplate, Object view)
Returns Stream
The brother of mu.compile. This function takes either a name of a template
previously compiled (in the cache) or the result of the mu.compile step.
This function is responsible for transforming the compiled template into the
proper output give the input view data.
mu.renderText(String template, Object view, Object partials)
Returns Stream
Like render, except takes a template as a string and an object for the partials.
This is not a very performant way to use mu, so only use this for dev/testing.
mu.clearCache(String templateNameOrNull)
Clears the cache for a specific template. If the name is omitted, clears all cache.
Install
npm i mu2
DownloadsWeekly Downloads
38,509
Version
0.5.21
License
MIT
Last publish
Collaborators
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Using - Maple Help
Online Help
All Products Maple MapleSim
Home : Support : Online Help : Getting Started : Tasks : worksheet/help/usingtasks
Using Tasks
This help page describes how to insert and run tasks in the Maple worksheet.
Important: Many tasks use equation label references. To use these tasks, equation labels must be displayed. If your equations labels are disabled, enable them first. For information on equation labels, see the Using Equation Labels help page.
To use a task, complete the following three steps.
Select a Task
Insert the Task into the Worksheet
Specify Parameters and Run the Task
Select a Task
Maple tasks can be previewed in two ways:
1.
From the Tools menu, select Tasks, and then Browse. The Task Browser opens and displays a list of tasks.
2.
From the Help menu, select Maple Help. The Help Navigator opens. Expand the Tasks folder in the left pane under Table of Contents to see the available tasks.
The tasks are sorted by subject to help you quickly find the desired task. In the Task Browser or Help Navigator, you can view tasks without inserting them into your worksheet.
Insert the Task into the Worksheet
There are three ways to insert a task into a worksheet using the Help Navigator or Task Browser.
1.
Click Copy Task to Clipboard.
2.
Click Insert Default Content.
3.
Click Insert Minimal Content.
•
Copy Task to Clipboard copies all content within the task, which you can paste into a worksheet.
•
Insert Default Content inserts the content specified by the Task content to insert setting. See Controlling the Default Content Setting.
•
Insert Minimal Content inserts only the commands.
•
If the Insert into a New Worksheet option is selected, Maple opens a new worksheet containing the task when you click Insert Default Content or Insert Minimal Content.
•
(In the Task Browser dialog only) The Display task markers option allows you to see which parts of a task will be inserted by clicking each of the buttons described above. See Creating Tasks for a description of the highlighting conventions.
You can also insert a previously inserted task into the current worksheet without browsing the list of tasks. From the Tools menu, select Tasks, and then the name of the task. Maple inserts the default content. See Controlling the Default Content Setting.
Variables
Before inserting a task, Maple checks whether the task variables have assigned values in your worksheet. If any task variable is assigned, the Task Variables dialog opens to allow you to modify the names. Maple uses the new variable names for all variable instances in the inserted task.
To specify that the Task Variables dialog be displayed every time you insert a task, so that you can always modify the variable names, use the Options Dialog.
1.
Open the Options Dialog.
2.
On the Display tab, in the Show task variables on insert drop-down menu, select Always. This option can also be set to Never.
See Options>Display.
Controlling the Default Content Setting
By default, some of the content displayed in the browse view of the task is not inserted. To change the content-insertion level, use the Options Dialog.
1.
Open the Options Dialog.
2.
On the Display tab, in the Task content to insert drop-down menu, select one of:
- All Content to insert all task content.
- Standard Content to insert the title and description as well as the commands, but not the references.
- Minimal Content to insert only the commands that perform the task.
See Options>Display.
Specify Parameters and Run the Task
In tasks, parameters are marked as placeholders. Update the parameter values as required.
Note: To navigate between placeholders in the worksheet, press the Tab key.
After updating any parameters, perform the task by, for example, running the commands or clicking buttons in the task.
See Also
Creating Assignments Using Maple T.A. Tasks
Creating Tasks
Maple Tasks
Options>Display
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ESSENTIALAI-STEM
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List of low-emissions locomotives in North America
The following is a list of diesel-electric locomotives that meet or exceed EPA Tier 2 locomotive emissions regulations, sorted by builder. This is a non-exhaustive list of locomotives in North America. Furthermore, green/clean energy is an always developing sector and that more locomotives may be added to the list, while some will no longer meet current standards.
Brandt Road-Rail
Brandt Road-Rail is a company that mainly produces road–rail vehicles, especially railcar movers and maintenance of way equipment.
In addition, in 2006, it also built a single prototype genset locomotive.
Motive Power and Equipment Solutions
Motive Power and Equipment Solutions was a locomotive manufacturer and rebuilder active in Greenville, South Carolina from 1999 until 2022. This company is not to be confused with MotivePower.
Vehicle Projects
In 2009, a company called Vehicle Projects, in cooperation with BNSF Railway, rebuilt one Railpower GG20B locomotive into a prototype hydrogen-powered locomotive, called an HH20B.
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WIKI
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Madurai Central Prison
Madurai Central Prison is located in Madurai, India. The prison complex occupies 31 acre. It is authorised to accommodate 1,252 prisoners.
History
The prison was built in 1865.
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WIKI
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Flooding woes add to trade war stress in 'Trump country' farm belt
COLUMBUS, Neb./CHICAGO (Reuters) - Nebraska grain farmer Ryan Ueberrhein was barely breaking even after the U.S.-China trade war pushed prices for his soybean crop to a decade low. Then the nearby Elkhorn River burst its banks as flooding swept across the U.S. farm belt. Uberrhein’s farm was left covered in debris after the roiling water receded. He has mounting debts. And he is worried that President Donald Trump may not be able to strike a trade deal with China that would end tariffs on U.S. soybean exports - and allow him to sell whatever grain is left intact at a better price. Frustration is building across farm country at what feels like a never-ending season of bad news. The trade war “keeps damaging us,” said Ueberrhein, 34, of Valley, Nebraska, who voted for Trump. “What the president is doing, we stand by him, but ... we can’t keep getting hit just because a deal can’t be made quickly.” U.S. Trade Representative Robert Lighthizer and Treasury Secretary Steven Mnuchin are set to arrive in China this week for another round of trade talks with their Chinese counterparts. The two sides have yet to agree on many core issues. Farmers who spoke to Reuters remained supportive of Trump. Soybean exports to China hit a four-year low in February because of the trade war. China is the biggest buyer of U.S. soybeans, which are the largest single U.S. agricultural export. A near halt in exports has hit a rural economy already struggling after years of oversupply cut farm incomes by 50 percent in the past five years. Debt in the agrarian economy has hit levels last seen during the U.S. farm collapse of the 1980s. The Nebraska Rural Response Hotline, which provides support to farmers and ranchers, has received a record number of calls about financial distress, said John Hansen, president of the Nebraska Farmers Union. Calls about suicide and depression were up, too, he said. The latest piece of bad news came on March 11, when the Trump administration released its 2020 budget and proposed a 15 percent cut for the U.S. Department of Agriculture, calling its subsidies to farmers “overly generous.” It did not matter to farmers, who helped vote Trump into office, that the budget will not pass muster with Democrats who control the House of Representatives, Hansen said. Some farmers took the proposed cut to subsidies for crop insurance as an insult. “How many times do you have to kick us when we’re down?” he said. That insurance is crucial to Richard Oswald, who farms near Phelps City, Missouri. The flood has already swallowed his childhood home, many of his fields and more than 20,000 bushels of corn. His four grain bins have burst, after water-logged corn expanded and split open. “If our government and leaders can’t step up and start to lead, we’re done for,” he said. For years, Oswald paid extra for flood insurance. He hoped that government talk of investing in improving U.S. infrastructure would come through - and bolster the levees and dams throughout the Midwest. But this year, as the trade war dragged on, he dropped the policy to reduce expenses. So he will get no insurance money for the lost corn, Oswald said. A few days ago, one of his lenders called. Oswald didn’t have to pay the loan right away, the lender said, but he would have to repay it sooner or later. “Help needs to come from Congress, but Congress is so divided, I don’t know what’s going to happen,” Oswald said. Trump approved a disaster declaration for Nebraska on Thursday, making federal funding available in nine counties that bore the brunt of the recent floods. On Saturday, he approved one for flood-affected counties in Iowa. Greg Ibach, a USDA under secretary, is touring the damage in Nebraska, and Bill Northey, another under secretary, will head to Iowa, agency officials told Reuters. U.S. Senator Chuck Grassley of Iowa said the farm belt states would need more aid, suggesting a separate relief bill to offer compensation to farmers for livestock killed in the floods and grains in storage that will have to be destroyed. “The United States government has always been the insurance of last resort,” Grassley said in a phone interview on Friday. Nebraska Governor Pete Ricketts put agricultural flood damage for the state at nearly $1 billion. Iowa officials are projecting losses of at least $1.6 billion, with at least $214 million in damage to the agriculture sector. Iowa Governor Kim Reynolds said her state would need assistance beyond what is granted through disaster declarations. Farmers, meanwhile, are staring at waterlogged fields and expecting more floods. The U.S. National Oceanic and Atmospheric Administration said last week that the flooding would worsen in coming weeks as snow on the ground melts and water flows downstream. Iowa farmer Dave Newby said the standing water in his fields was already threatening his planned start to corn in mid-to-late April. Newby, like many farmers, had been looking to boost his corn plantings this year because such a large volume of soybeans had been left unsold because of the trade war. The same was the case in nearby Nebraska. Parts of flooded farmland remained under water and farmers had yet to assess the damage the piled-up sand, silt and debris caused to soil. Almost all said planting will likely be delayed, which could lead to lower yields. “Normal planting would take place around May 1, but I doubt we will make it,” said Kendal Sock, a cattle and corn farmer in Genoa. “I wish they’d get this trade deal done, like now.” Reporting by Humeyra Pamuk and P.J. Huffstutter; Additional reporting by Mark Weinraub and Tom Polansek in Chicago and Jarrett Renshaw in New York; Editing by Caroline Stauffer, David Gaffen, Simon Webb and Leslie Adler
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NEWS-MULTISOURCE
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Fuld-Gilad-Herring Academy of Competitive Intelligence
The Fuld-Gilad-Herring Academy of Competitive Intelligence is an educational organization bringing professional training to the field of competitive intelligence (CI). Established in 1996, the academy has expanded its training to thousands of managers from 58 countries and six continents at its campuses in Cambridge, MA and Brussels, Belgium. The academy is the only CI-dedicated institution to be externally accredited by the International Accreditors for Continuing Education and Training (IACET). It grants the Competitive Intelligence Professional (CIP) certification based on a 9-course program, including a course in ethics and a pioneering course in business war gaming. To be certified, managers must complete the required coursework and pass a certification exam. To accommodate managers whose main interest is in using CI tools and managers working as CI professionals, the academy offers two levels of certification: a basic CIP-I, and an advanced CIP-II. The academy is currently the largest training institute in its field.
Competitive Intelligence Standards
On March, 2011, the board of the professional association in the field of competitive intelligence, Strategic and Competitive Intelligence Professionals (SCIP) voted to adopt the academy's CIP program as its official global certification program to help create standards in the field of strategic and competitive intelligence. The certification was renamed SCIP-CIP certificate conferred by ACI.
History
The history of the academy tracks closely the history of the field of competitive intelligence which has risen in importance during the 1980s with the increase in global competitive pressures and the spread of Internet search engines which made information more accessible. In 1986, the Society of Competitive Intelligence Professionals (SCIP) was founded in Washington, DC to serve as the professional association for academics, practitioners and consultants in CI. During the next decade, organizations experimented in acquiring and using CI with little discipline and no consistent results. For example, as a survey by the academy showed, one of CI's main objectives, avoiding strategic surprises, was not being accomplished in many large companies. Three early developers of the Society banded together to create a standard of training and performance in the field. They were: Leonard Fuld, whose book, Competitor Intelligence, was the first best seller on the subject, Ben Gilad, whose book The Business Intelligence System created the benchmark for setting up a corporate CI function, and Jan Herring who was the founding director of the first competitive intelligence function created in 1982 at Motorola Corp. Together with the growth of SCIP, the creation of the academy accelerated greatly the formalization and acceptance of CI functions and positions across global companies, with some estimating that 97% of Fortune 500 corporations today have at least one CI analyst in each of their larger business units.
Competition
As the field continued to evolve, several organizations in recent years have joined the academy in offering training programs in competitive intelligence, mostly as an extension of other degree programs, among them Mercyhurst College Institute for Intelligence Studies in PA (an extension of a government intelligence program), Simmons College in MA (part of Library and Information studies), and the University of Denver in CO (part of a graduate degree in information management). Other programs include the Ecole de Guerre Economique in France and Institute for Competitive Intelligence in Germany. Entry level courses are also offered by the Society of Competitive Intelligence Professionals.
Student body
The functional distribution of the academy's alumni body covers managers and professionals from competitive and market intelligence functions, marketing, market research, business development, strategic planning, research scientists and development engineers. Though the typical trainee is a manager at a Global Fortune 500 company, past participants included some unusual representatives from the Catholic Church, various governments' defense agencies, farmer cooperatives, national economic development boards, and a cabinet minister.
Faculty
* Leonard M. Fuld
* Michael Sandman, B.S. (Clark University), MA, M.B.A. (Cornell University)
* Dr. Helen Rothberg, PhD, MPhil. (City University of New York), M.B.A. (City University of New York at Baruch College), associate professor at Marist College School of Management
* Jan Herring, BSc. (University of Missouri)
* Ashish Nanda, A.M. (Harvard University), PhD (Harvard Business School), associate professor at the Harvard Law School
* Jules Schwartz, PhD (Harvard Business School), former dean and a professor emeritus of Boston University School of Management, former faculty member Wharton School
* Ben Gilad, former strategy professor at Rutgers University School of Management
* Jay Paap, PhD (MIT Sloan), has held faculty positions at Sloan and Indiana University
* Dan Mulligan, M.A. (USMA Westpoint), Assistant Professor at the Mercyhurst College Institute for Intelligence Studies
Advisory board
The academy's advisory board includes executives from US-based Intel, Procter and Gamble, Genentech, Blue Cross Blue Shield, Microsoft, Fidelity and Wyeth corporations, as well as Europe-based Shell, Roche, TetraPak and Orange, and Mexico-based Cemex.
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WIKI
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- Questions arose again on the reasons for the decline of the ancient Maya civilization
- Claims in new research – those people had many ways to eat even in drought
- It was told earlier that the decline of Maya civilization was due to drought.
Ancient Maya civilization Scientists have rejected the drought theory about the fall of. It was previously claimed that the destruction of food sources due to drought in Central America started the decline of the Maya civilization. Now scientists have analyzed the diet of the Maya civilization and found that they had more than 50 such plants that could be eaten at that time. In the ninth century, these plants were able to survive in spite of several years of continuous drought.
The Maya civilization originated around 2600 BC. This civilization flourished in Central America for about 3000 years and reached its peak between AD 250 and 900. The people of the Maya civilization had the only fully developed written language of pre-Columbian America. These people were also rich in highly advanced art and architecture as well as mathematical and astronomical systems.
Question on the old theory that led to the decline of the Maya civilization
Now a new study is raising questions about the theory that the Maya civilization ended due to drought. However, even new researchers do not know what was the reason for the extinction of this civilization. The new study was carried out by University of California archaeologist Scott L. Fedic and plant physiologist Luis S. Santiago. They claim that even if parts of the Maya civilization were affected by extreme drought, many plant species would have survived.
It is not possible to end hunger of 1 crore population.
The study, published in the Proceedings of the National Academy of Sciences, found plant species most susceptible to drought could have been transported from less affected areas across the vast Maya kingdom. The region extended from central Mexico to Honduras, Guatemala and northern El Salvador. It is estimated that the total population of these people during the height of Maya civilization was 10 million.
56 species were still present
Santiago said that even in the most extreme drought conditions, 56 species of edible plants were present. We also have no evidence of extreme drought at that time. There is no doubt that at the end of the ninth century, southeastern Mexico and the Yucatan Peninsula of northern Central America experienced many years of drought. Some scholars believe that the drought resulted in starvation and the end of civilization.
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FINEWEB-EDU
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Going Gluten-free Eases Celiac Symptoms
Some people go gluten-free by choice. People with celiac disease, however, go gluten-free out of medical necessity.
“Once you have an accurate diagnosis of celiac, the treatment is a lifetime commitment to stay away from gluten,” says Wilson P. Pais, MD, MBA, FACP, FRCP, gastroenterologist at Saint Francis Medical Center. “You have to make a lot of changes to the way you eat. Basically, cut out everything wheat-based like bread and beer.”
Pais Wilson_MG_8689Celiac disease is an overactive immune system response to gluten, which is found in wheat. When celiac patients consume gluten, their intestines become inflamed and unable to absorb nutrients. In addition to pain, the disease can cause nutritional deficiency, osteoporosis and anemia.
Switching to a gluten-free diet helps reverse the condition. “Once patients see the difference, they stick to a gluten-free diet even though it is inconvenient,” says Pais.
For more information, visit www.sfmc.net/dev-2015 or call 573-331-3000.
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ESSENTIALAI-STEM
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Page:Catholic Encyclopedia, volume 14.djvu/516
TARRAGONA
4G0
TARRAGONA
Pope John XIII to confer the title of Archbishop of Tarragona on Bishop Att6n of Vich, although he never was called Archbishop of Tarragona but of Ausona.
The Bishop of Vich, Berengarius of Rosanes, peti- tioned Pope Urban II for permission to promote a crusade for the reconquest of Tarragona. Count Berenguer Ram6n II (the Fratricide) succeeded in taking the city and made it a fief of the Holy See. The pope, in recognition of the efforts of the Bishop of Vich, conferred on him the palhum as Archbishop of Tarragona, transferring to him all rights to the city and its churches which had previously belonged to the Holy See. The new bishop, however, was to remain in possession of the Church of Vich. A similar con- cession was granted to St. Olegarius, Bishop of Bar- celona, who was permitted to retain possession of his former Church until he had obtained complete and peaceful possession of that of Tarragona, of which he had been named Archbishop. It was not until 1116 that Tarragona was definitively recon- quered by Rani6n Berenguer III (the Great). Bishop Be- renguer had died in 1110, after having as- sisted, in 1096, at the Council of Nimes convoked by Urban II. His .successor in the See of Tarragona St. Olegarius, ha been a canon reg\ilar at St. Rufus in Pro- vence, later an abbot, and then Bishop of Barcelona. To him is due the restorat ion of the metropolitan authority of Tarra- gona. In 1117 Count Ram6n Berenguer III con- ferred on him the government of the city that he might endeavour to recolonize it, which work he carried on with great zeal. He assisted at the coun- cils of Toulouse and Reims (1109), of the Lateran (1123), and of Clermont (1130), and accompanied the Count of Barcelona as pontifical legate in the war which terminated in the imposition of a tribute upon Tortosa and Lcrida. The Norman Robert Burdet also joined the forces of the Count of Barcelona, established himself in Tarragona and obtained domin- ion over a great part of the city. The consequent dissensions among his sons led to the murder by them of Archbishop Hugo de Cervell6n 22 April, 1171. On the death of St. Olegarius (G March, 1137), Gregory, Abbot of Cuxana, succeeded him in the vacant See of Tarragona, and was the first incum- bent of that see to receive the title of archbishop.
The dissensions between the archbishops and the kings, on account of the jurisdiction over Tarragona granted to the bishops who had begun its resettle- ment, continued during the time of Alfonso II, who bestowed the city as a doWTy on his wife. Dona Sancha, and of Pedro IV (the Ceremonious), who, after forcibly seizing the dominions of the arch- bishop, repented in his last illness and restored to St. Tecla, patroness of the city, all that he had unjustly acquired. By special privilege of the pope, all the kings of Aragon were crowned at Saragossa by the archbi.shop of Tarragona, until the metropolitan See of Sargossa was re-established. When Jaime I, a child of si.x years, took the oath, the Archbishp of Tarragona, Don .\spargo Barca, carried him in his arms. Although lie was far advanced in years, he wished to accompany the king in his expedition to conquer Majorca, and when Don Jaime refused his
consent, he contributed a thousand marks in gold and twelve hundred armed men. In 1242 a provin- cial council was convoked at Tarragona to regulate the procedure of the Inquisition and canonical pen- ances. In 1312 a provincial council was assembled in the Corpus Christ i Chapel of the cathedral cloister, to pass sentence on the Templars, whom it declared innocent. Don Pedro Zagarriga, Archbishop of Tarragona, was one of the arbitrators at Caspe. One of the most celebrated prelates of Tarragona, Don Antonio Agustin (d. 1586), a native of Saragossa, was an eminent jurisconsult and numismatist. He put an end to the struggles referred to in "Don Quixote", between the Narros and Cadells factions, which had disturbed the peace of Catalonia.
The cathedral, it is believed, was begun by St. Olegarius. The edifice is solid and elegant, com- bining the Romanesque, Arabic, and Gothic styles of architecture, producing a very original and unique effect. Its facade is composed of three sections, and the ground plan, in the form of a Latin cross, has three naves and a wide transept. In the right nave is the chapel of St. Tecla, patroness of the city, begun in 1760 under the direc- tion of Don Jos6 Prats and finished in 1776. Thebaptisnial font is a magnificent marble basin found in the ruins of the palace of Augustus. The chapter house, celebrated for the councils held there, has a Byzantine door and a notable dome. .4s late as the fifteenth century the ca- thedral had not yet been completed, as the sculp- tor, Pedro Juan, did not begin work on the mam altar until 1426. The choir was not finished until 1493. The chapel of the Blessed Sacrament, the organ, built by the cura of Tivisa, Don Jaime Amig6, the stained glass, etc. date from the sixteenth century.
Among the buildings worthy of mention are the Churches of San Pablo and Santa Tecla, the convent of the Poor Clares, near the walls, that of Santa Teresa, and the church of the Capuchins, the parish church of the port. The former Convent of San Francisco has been converted into government offices and a second- ary school, the Jesuit college turned into barracks, their church, however, having been restored to them. The convent of the Dominicans is now the town hall, and the convents of the Mercedarians and Carmelites turned over to military uses. The archiepiscojial palace is situated on the site of the ancient capitol, one tower of which still remains. The palace was rebuilt by Don Romualdo Mon y Valarde (1815-19). Near the sea, in the Roman amphitheatre, is the edi- fice called ('( Milagro (the Miracle), which belonged to the Knights Templar. It was afterwards used by the Trinitarian Fathers, and has since been converted into a ijenitentiary. The remains of many Roman buildings are to be found at Tarragona; the waUs, the cajiitol, or citadel, the forum, the palace of Augustu.s, called the house of Pilate, the circus or amphi- theatre, the aqueduct, known as the Puente del Di- ablo, the so-called tower, or sepulchre, of the Scipios, the arch of Sura, or of Bara, and the Aurelian Way. There is also a good archa-ological museum. The concil- iar seminary of San Pablo and SantaTecla w.a,s founded in 1570 by the cardinal archbishop, Caspar de Cervan-
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WIKI
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The Transitional Constitution of the Republic of the Sudan (2005)/PART FOUR
Composition of the National Legislature
83 (1) There shall be established a National Legislature composed of the following two chambers:
(a) The National Assembly and
(b) The Council of States.
(2) The National Legislature shall conduct its business as prescribed in this Constitution in joint sittings of the two Chambers, chaired by the Speaker of the National Assembly and deputized by the Speaker of the Council of States.
(3) Vote count shall be separate for each Chamber and governed by the quorum specified in this Constitution.
(4) Each Chamber shall sit separately to conduct its business as prescribed in this Constitution.
(5) The National Legislature, as well as each of its Chambers, shall make its own internal regulations.
Composition of the National Assembly
84 (1) The National Assembly shall be composed of members elected in free and fair elections.
(2) The National Elections Law shall determine the number of members and composition of the National Assembly.
Composition of the Council of States
85 (1) The Council of States shall be composed of two representatives from each state, elected by the state legislature in accordance with the National Elections Law and regulations set forth by the National Elections Commission.
(2) Abyei Area shall have two observers at the Council of States, elected by Abyei Area Council.
Eligibility for Membership of the National Legislature
86 (1) The candidate for membership of either Chamber of the National Legislature shall:-
(a) be a Sudanese,
(b) be at least twenty-one years of age,
(c) be of sound mind,
(d) be literate,
(e) not have been convicted during the previous seven years of an offence involving honesty or moral turpitude.
(2) Membership of the National Assembly shall not be combined with representation at the Council of States.
(3) Members of Southern Sudan Assembly or Executive, Governors and members of state legislatures or executives, shall not be eligible for membership of the National Legislature while occupying any of the aforementioned positions.
(4) Representation at the Council of States shall not be combined with membership of the National Council of Ministers.
Lapse of Membership of the National Legislature
87 (1) Membership of the National Legislature shall lapse by a resolution passed by the appropriate Chamber in any of the following cases:
(a) mental infirmity or physical incapacity,
(b) conviction for an offence involving honesty or moral turpitude,
(c) absence from one full session of the appropriate Chamber without permission or acceptable excuse,
(d) announcement of his/her written resignation in the appropriate Chamber,
(e) change of political affiliation, identity or party on which he/she was elected to the National Assembly,
(f) relief by the appropriate state legislature by a decision supported by two-thirds of its members in the case of representatives at the Council of States,
(g) assumption of the office of minister in the Government of Southern Sudan, Governor or state minister,
(h) death.
(2) Upon vacation of the seat of a member or representative, his/her successor shall be elected in the appropriate manner prescribed by this Constitution within a period of ninety days.
Seat of the National Legislature
88 (1) The National Legislature shall convene at the seat of the National Assembly. However, the two Speakers may agree, for exceptional reasons, to convene a sitting of the National Legislature elsewhere.
(2) The National Assembly shall convene at its seat in Omdurman; however its Speaker may exceptionally call it to convene elsewhere.
(3) The Council of States shall have its seat in Omdurman, however, it may also hold sessions in the Capital City of Southern Sudan or of any state, as may be decided by its Speaker or the majority of the representatives.
Oath of Member of the National Legislature
89 To assume his/her functions, every member of the National Legislature shall take the following oath before the appropriate Chamber:
“I…….......….....having been elected as Member of the National Assembly / Representative at the Council of States, do hereby swear by Almighty God that I will bear faith and allegiance to the Republic of the Sudan and its people; that I will obey and, respect the Constitution of the country and abide by the law; and that I will faithfully and conscientiously discharge my duties as a member of the National Legislature and serve the people to the best of my ability; and God is my witness”.
Term of the National Legislature
90 The term of each Chamber of the National Legislature shall be five years commencing from the date of its first sitting.
Functions of the National Legislature
91 (1) The National Legislature represents the will of the people and shall foster national unity, exercise national legislative functions, oversee the National Executive, and promote the decentralized system of government.
(2) Without prejudice to the generality of sub-Article (1) above, the National Legislature shall convene for the following purposes to:-
(a) amend this Constitution and approve amendments affecting the Comprehensive Peace Agreement that are presented by its signatories in accordance with Article 224 of this Constitution,
(b) discuss addresses by the President of the Republic,
(c) authorize annual allocation of resources and revenues, in accordance with Article 110 of this Constitution,
(d) reconsider a bill which has been rejected by the President of the Republic under Article 108 (2) herein,
(e) promulgate the Southern Sudan Referendum Act provided for in Article 220 (1) herein,
(f) approve declaration of war,
(g) confirm declaration of state of emergency or termination thereof,
(h) impeach the President of the Republic or the First Vice President,
(i) perform any other function determined by this Constitution or law.
(3) The National Assembly shall be competent to:
(a) assume legislation in all national powers, subject to sub-Article (5) (b),
(b) approve plans, programmes and policies relating to the State and society,
(c) approve the annual national budget,
(d) ratify international treaties, conventions and agreements,
(e) oversee the performance of the National Executive,
(f) adopt resolutions on matters of public concern,
(g) summon national ministers to present reports on the executive performance of the government in general or of specified ministries or particular activities,
(h) interrogate, at will, national ministers about their performance or the performance of their ministries and may recommend to the President of the Republic, in a subsequent sitting, the removal of a national minister, if he/she is deemed to have lost the confidence of the National Assembly.
(4) The Council of States shall be competent to:
(a) initiate legislations on the decentralized system of government and other issues of interest to the states and pass such legislations with two-thirds majority of all representatives,
(b) issue resolutions and directives that may guide all levels of government in accordance with the provisions of Articles 24, 25 and 26 of this Constitution,
(c) approve by two-thirds majority of all representatives, the appointment of the Justices of the Constitutional Court,
(d) approve, by a two-thirds majority, national legislation referred to in Article 5 (3) (a) of this Constitution or initiate national legislation which will provide for such necessary alternative institutions, according to Article 5 (3) (b) of this Constitution, as appropriate,
(e) supervise the National Reconstruction and Development Fund,
(f) decide on objections by states referred to it by the National Petroleum Commission according to the provisions of Article 191 (4) (d) of this Constitution,
(g) request statements from national ministers concerned regarding effective implementation of the decentralized system and devolution of powers.
(5) While sitting separately to transact business that falls within its competence, each Chamber shall observe the following rules:-
(a) any bill on a matter falling within the competence of either Chamber, shall be tabled in that Chamber,
(b) a bill passed by the National Assembly shall be referred to a standing Inter-Chamber Committee for scrutiny and decision on whether it affects the interests of the states. Should the Committee decide that the bill affects the interest of the states, the bill shall be referred to the Council of States,
(c) should the Council of States introduce any amendments in the referred bill, by a two-thirds majority of the representatives or pass it as is, the bill shall be sent to the President of the Republic for his/her assent without being returned to the National Assembly,
(d) no Chamber shall discuss any business of which the other Chamber is seized, until it is finally referred to it.
Immunity of Members of the National Legislature
92 (1) Except where he/she is caught in the act of crime, no criminal proceedings shall be initiated against a member of the National Legislature; neither shall any measure be taken against his/her person or belongings without permission from the Speaker of the appropriate Chamber.
(2) In case the member or representative is charged with a serious crime the appropriate Chamber may waive the immunity of the accused member or representative.
Sessions of the National Legislature
93 (1) Each Chamber of the National Legislature shall hold its first sitting upon convocation by the President of the Republic within thirty days following the official declaration of the results of the elections. The first sitting shall be chaired by the eldest of the members/ representatives present.
(2) Without prejudice to Article 58(2) (d), each Chamber shall determine the commencement and closure dates of its sessions.
(3) Either Chamber may convene an emergency or extraordinary session on the request of half of its members or representatives or upon call from the President of the Republic.
Officers of the National Legislature
94 (1) Each Chamber shall have a Speaker and Deputy Speakers to be elected from among its members at the first sitting.
(2) The Speaker shall preside over sittings of his/her Chamber, control order and supervise the administrative affairs thereof. He/she shall represent the Chamber inside and outside the Sudan.
(3) Each Chamber of the National Legislature shall elect its leaders, chairpersons and members of the specialized committees and any other committee as may be determined by the internal regulations.
(4) The Speaker shall, upon approval of his/her Chamber, appoint a Secretary General for the Chamber; who shall not be a member or a representative. The Secretary General shall be responsible for preparing the sessions of the Chamber and running its administrative affairs under the supervision of the Speaker.
(5) The National Assembly may consider broad inclusiveness in the apportionment of its positions.
Committees of the National Legislature
95 (1) Each Chamber, in accordance with its internal regulations, shall have standing specialized committees and ad hoc committees.
(2) The two Chambers may form inter-chamber standing or ad hoc committees for specific matters that are of concern to the two Chambers.
Regulations of the National Legislature
96 (1) Each Chamber of the National Legislature shall, on the initiative of its Speaker, make regulations for the conduct of its business.
(2) The National Legislature shall make internal regulations on the initiative of the Speakers of the two Chambers.
Quorum
97 (1) The ordinary quorum for the sittings of the National Assembly shall be more than half of the members; however, internal regulations may provide for a reduced quorum that may not apply for the final presentation of bills.
(2) The quorum for the sittings of the Council of States shall be more than half of the representatives.
Publicity of Sittings of the National Legislature
98 The sittings of the National Legislature and either of the two Chambers shall be open to the public; their proceedings shall be published and may also be broadcast. However, the National Legislature or either Chamber, may decide according to its internal regulations that certain deliberations take place in camera.
Passing Legislative Resolutions
99 Resolutions of the National Legislature and either Chamber shall, whenever possible, be taken by unanimity or consensus. Alternatively, resolutions shall be passed by simple majority of those present, save in cases where this Constitution provides otherwise.
Prerogative of Members of the National Legislature
100. Members of the National Legislature shall freely and responsibly express their opinions, subject only to the provisions of the regulations of the appropriate Chamber. No legal proceedings shall be initiated against any member, nor shall he/she be accountable before any court of law only by reason of views or opinions that he/she may have expressed in the course of performing his/her duties.
Address by the President of the Republic
101 The President of the Republic may personally or by a message address the National Legislature or any of its Chambers. The National Legislature shall accord priority to such request over any other business. The President of the Republic may also request the opinion of the National Legislature on any subject.
Addresses by the Two Vice Presidents and Statements by National Ministers and Governors
102 (1) Any of the two Vice Presidents of the Republic or the President of the Government of Southern Sudan may request to address either Chamber of the National Legislature. The concerned Chamber shall provide an opportunity for hearing such address as promptly as possible.
(2) A national minister may request to deliver a statement before either Chamber of the National Legislature, whereas a Governor may request to make a statement before the Council of States.
Addressing Questions by Members of the National Legislature
103 Members of the National Legislature may, in either Chamber, within the competence of that Chamber and subject to its regulations, address questions to a national minister on any subject relating to his/her duties; the said minister shall provide the appropriate Chamber with a prompt reply.
Requesting Statements
104 Subject to the regulations of the concerned Chamber, either Chamber of the National Legislature or any of its committees may request a national minister to deliver a statement on any matter of concern.
General Summons
105 (1) The National Assembly or any of its committees may summon any public official or any person, other than the President of the Republic and the two Vice Presidents to testify before it, give opinion to the Assembly or any of its committees.
(2) Inquiry on any matter that falls within the direct responsibility of the National Executive may only be made after notifying the President of the Republic.
Tabling of Bills
106 (1) The President of the Republic, the Presidency, the National Council of Ministers, a national minister or a committee of the National Legislature may table a bill before either Chamber of the National Legislature subject to their respective competences.
(2) A member of the National Legislature may table a private bill before the Chamber to which he/she belongs on a matter that falls within the competence of that Chamber.
(3) A private member bill shall not be tabled before the appropriate Chamber save after being referred to the concerned committee to determine whether it involves an issue of important public interest.
Procedures for Presentation and Consideration of Bills
107 (1) Bills presented to either Chamber of the National Legislature shall be submitted for the first reading by being cited by title and thereby deemed to be tabled with the appropriate Chamber. The bill shall then be submitted for a second reading for general deliberation and approval in principle. Should the bill be passed in the second reading, there shall be a third reading for deliberation in detail and introduction of, and decision upon, any amendment. The bill shall then be submitted in its final form for the final reading, at which stage the text of the bill shall not be subject to further discussion and shall be passed section by section and then passed as a whole.
(2) After the first reading, the Speaker shall refer the bill to the appropriate committee which shall make a general evaluation report for the purpose of the second reading. The committee shall also present a report on the amendments that the committee might or might not have endorsed in the third reading; the Speaker may also refer the bill once again to the appropriate committee to prepare a report on the final drafting in preparation for the final reading.
(3) The Speaker or the appropriate committee, may seek expert opinion on the viability and rationale of the bill; an interested body may also be invited to present views on the impact and propriety of the bill.
(4) The Chamber may by a special resolution, decide on any bill as a general committee or by summary proceedings.
Assent of the President of the Republic
108 (1) Any bill approved by the National Legislature shall not become law unless the President of the Republic assents to it and signs it into law. If the President withholds assent for thirty days without giving reasons, the bill shall be deemed to have been so signed.
(2) Should the President of the Republic withhold assent to the bill and give reasons within the aforementioned thirty days, the bill shall be re-introduced to the National Legislature to consider the observations of the President of the Republic.
(3) The bill shall become law if the National Legislature again passes it by a two-thirds majority of all the members and representatives of the two Chambers; the assent of the President of the Republic shall not be required for that bill to come into force.
Provisional Orders
109 (1) Should the National Legislature not be in session, the President of the Republic may, on an urgent matter, issue a provisional order having the force of law; however, such provisional order shall be submitted to the appropriate Chamber of the National Legislature as soon as it is convened. Where the National Legislature ratifies the provisional order as it is, it shall be promulgated as law, but where the same is rejected by either Chamber or where the parliamentary session ends without it being ratified, the provisional order shall lapse with no retrospective effect.
(2) Notwithstanding sub-Article (1) above, the President of the Republic shall not make any provisional order on matters affecting the Comprehensive Peace Agreement, the Bill of Rights, the decentralized system of government, general elections, annual allocation of resources and financial revenues, penal legislations, international conventions or agreements altering the borders of the State.
(3) Every law which was repealed or amended pursuant to a provisional order that later lapsed, shall revive into force as it is, starting from the date when the provisional order lapsed.
(2) The National Assembly may delegate to the President of the Republic the power to ratify international conventions and agreements while the National Assembly is not in session; however, such ratified conventions or agreements shall not be subject to subsequent ratification by the National Assembly and shall be deposited before the National Assembly as soon as it is convened.
Allocation of Resources and Revenues Bill
110 The President of the Republic shall cause to be presented to the National Legislature, before the beginning of the financial year, a bill of the allocation of resources and revenues in accordance with the provisions of this Constitution. The National Legislature shall convene to approve that bill.
National Budget Bill
111 (1) The President of the Republic shall cause to be presented to the National Assembly before the beginning of the financial year the bill on the general budget of the State, including a general evaluation of the economic and financial situation of the country, detailed estimates of proposed revenues and expenditure for the forthcoming year compared to those of the previous financial year, a statement of the general budget, any reserve funds, transfers thereto or allocations therefrom, explanations of any special budgets or financial estimates, policies or measures to be taken by the State in the financial and economic affairs within the framework of the general budget.
(2) The President of the Republic shall cause to be submitted to the National Assembly proposals of total expenditure entered into the budget as an appropriation bill and proposals for taxes, fees and other levies as well as borrowing, investment or State saving bonds as financial bills.
(3) The National Assembly shall adopt the general budget bill, chapter by chapter including schedules, and it shall adopt the total appropriation bill. Where the law is passed, detailed estimates as specified in the general budget shall not be exceeded save by a supplementary law. Surplus funds over revenue estimates and funds out of the legal reserve shall not also be spent save by a supplementary appropriation law.
Private Member Financial Bills
112 No member of the National Assembly shall, outside the context of the deliberations of the draft general budget, present any private financial bill that entails abolition, remittance or alteration of any tax, fee or other public revenue source or appropriation or levy upon public funds other than service fees or pecuniary penalties.
Provisional and Supplementary Financial Measures
113 (1) Notwithstanding the provisions of Article 109 (2) above, the President of the Republic may wherever he/she deems it appropriate for public interest, make a presidential order having the force of law, providing that the imposition of any tax, or fee or the amendment thereof shall come into force, pending submission of a bill requiring the same to the National Assembly. When that financial bill is adopted or rejected, the force of the presidential order shall cease without the rejection or amendment of the bill having retrospective effect.
(2) Where the procedure of adopting the general budget and the appropriation bill is delayed beyond the beginning of the financial year, expenditure shall continue pending adoption of the general budget, in accordance with the estimates approved for the previous year, as if the same has been appropriated by law for the new year.
(3) Whenever new circumstances occur or a matter of public concern proves not to have been satisfactorily addressed by the general budget, the President may during the financial year cause to be submitted a financial bill, a supplementary appropriation or an allocation out of the reserve funds, to which shall apply the same provisions set out in respect of the general budget bill.
Final Accounts
114 The President of the Republic shall cause to be presented to the National Assembly during the six months following the end of the financial year, final accounts for all revenues and expenditure as are set forth in that year, as well as expenditure withdrawn from the reserve funds; the Auditor General shall present his/her report on such accounts to the National Assembly.
Delegation of Powers of Subsidiary Legislation
115 The National Legislature or any of its Chambers may, by law, delegate to the President of the Republic, the National Council of Ministers or any public body, the power to make any subsidiary regulations, rules, orders or any other subsidiary instrument having the force of law; provided that such subsidiary legislation shall be tabled before the concerned Chamber and be subject to adoption or amendment by a resolution of that Chamber in accordance with the provisions of its regulations.
Validity of the Proceedings of the National Legislature
116. No court or other authority shall call into question the validity of any proceedings of the National Legislature or any of its Chambers on the basis of violation of its internal regulations. A certificate duly signed by the appropriate Speaker shall be deemed to be conclusive evidence of the validity of the said proceedings.
Composition of National Legislature Prior to Elections
117 (1) Pending elections, the National Assembly shall be composed of four hundred and fifty members who shall be appointed by the President of the Republic in consultation with the First Vice President, according to the seventy percent and thirty percent north/south ratio, as follows:-
(a) The National Congress Party shall be represented by fifty two percent (forty nine percent for Northerners and three percent for Southerners),
(b) Sudan People’s Liberation Movement shall be represented by twenty eight percent (twenty one percent for Southerners and seven percent for Northerners),
(c) Other Northern political forces shall be represented by fourteen percent,
(d) Other Southern political forces shall be represented by six percent.
(2) Until the elections are held, the representatives of states at the Council of States and observers of Abyei Area shall be appointed by the President of the Republic after consultation within the Presidency and, in the case of Southern Sudan, on the recommendation of the President of Government of Southern Sudan after consultation with state institutions.
Interim Provisions for Tenure of the National Legislature
118 (1) Should the outcome of the referendum on self-determination confirm unity, the National Legislature shall complete its tenure in accordance with the provisions of this Constitution.
(2) In the event of a vote for secession by the people of Southern Sudan, the seats of the members and representatives of Southern Sudan in the National Legislature shall be deemed to have fallen vacant and the National Legislature, being so reconstituted, shall complete its tenure to the next elections.
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WIKI
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Nginx access_log log analysis and configuration
V Records 2,028 Views No comment
Foreword:
Through the log, you can know the user’s address, which parts of your website are most popular, the user’s browsing time, and targeted optimization for most users’ browsers.
Nginx’s logs are divided into: access log and error log
The access log records user information, page views, and user browsers, ips, and other access information.
Error log is to log the server error log
Log_format log format syntax
Log_format name (format name) format style (that is, what kind of log content you want to get)
Example
error log
hxff and htci are just for easy distinction. You can fill in any mark that you can distinguish, or ignore it at all.
From the above we can see a few pieces of information:
1. User client IP address. Such as: 1.1.1.1 in the above example
2. Access time. For example: [13/Oct/2018:21:17:20 -0600] in the above example
3. Access the port. Such as: 127.0.0.1: 9000 in the above example
4. Response time. Such as: 0.007 in the above example
5. Request time. Such as: 0.007 in the above example
6. User location code (country code). Such as: US (United States) in the above example
7. The host of the requested url address (target url address). Such as: nginxer.com in the above example
8. Request method (GET or POST, etc.). Such as: GET in the above example
9. Request the url address (remove the host part). For example: /www/wwwroot/test.html in the above example
10. Request status (status code, 200 means success, 404 means the page does not exist, 301 means permanent redirection, etc., the specific status code can find relevant articles on the Internet, no longer repeat). Such as: “200” in the above example
11. Request page size, default is B (byte). Such as: 2888 in the above example
12. The source page, from which page to the page, the professional name is called “referer”. For example: “http://a.com” in the above example
13. User browser language. For example: “es-ES, es;q=0.8” in the above example
14. Other information of the user’s browser, browser version, browser type, etc. For example: “Mozilla/5.0 (Windows NT 6.1) AppleWebKit/537.11 (KHTML, like Gecko) Chrome/23.0.1271.97 Safari/537.11”
In fact, the format of the nginx access log is not static and can be customized.
This article was first published by V on 2018-10-14 and can be reprinted with permission, but please be sure to indicate the original link address of the article :http://www.nginxer.com/records/nginx-access_log-log-analysis-and-configuration/
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ESSENTIALAI-STEM
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Talk:Cameron Kashani
Contested deletion
This page is not unambiguously promotional, because... subject is a female entrepreneur who was the founder of the first co-working space in Los Angeles. --Editwriter212 (talk) 20:34, 20 July 2017 (UTC)
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WIKI
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Enos Kagaba
Enos Iragaba Kagaba (born 1954, Kibuye Prefecture) is a Rwandan businessman who, in 2001, was arrested at the Minneapolis-Saint Paul International Airport when he attempted to gain entry into the United States.
Arrest and Gacaca courts
He was initially charged with fraud and attempting to enter the country under false identity. Once the Immigration and Customs Enforcement's Human Rights Violators and Public Safety Unit (HRVPSU) became aware that Rwanda had issued an international arrest warrant against Kagaba for actions of genocide during the 1994 war in Rwanda, genocide charges were also added. A removal order was then issued.
This was the first incidence in the United States of a removal order for the accusation of genocide. The United States used 18 U.S.C. §2340a to establish jurisdiction over Kagaba. This statute granted jurisdiction over an alleged offender if he: a) is a national of the United States OR b) is present in the United States (regardless of whether he or the victims(s) are/were U.S. nationals).
In October 2011 he was sentenced to life imprisonment for his important role in the Rwandan genocide.
COVID-19 pandemic
In March 2021, he and the others were vaccinated and Kagaba showed his gratitude to the government, thanking it for thinking about them.
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WIKI
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The Game (Crispy album)
The Game is the debut and only studio album by Danish Eurodance trio Crispy, released on 17 June 1998. Five single were released from the album: "Kiss Me Red", "Licky Licky", "Love Is Waiting" and "Calendar Girl" in 1998, and "Mr. Dinosaur" in 1999.
The Game was recorded and mixed in Denmark, Sweden and Germany. Several versions of the album were released, the most common being the release of 12 tracks. The album also featured a Japanese version that contained four unreleased tracks, including "Bad Girls" and "Happy King".
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Page:Sacontala (Jones 1870).djvu/100
98
Ward. What our sovereign imagines, cannot possibly have happened; since the hermitage has been rendered secure from evil by the mere sound of his bowstring. The pious men, whom the king's benevolence has made happy, are come, I presume, to do him homage.
Cham. This way, respectable strangers; come this way.
Sárn. My friend Sáradwata, there sits the king of men, who has felicity at command, yet shows equal respect to all: here no subject, even of the lowest class, is received with contempt. Nevertheless, my soul having ever been free from attachment to worldly things, I consider this hearth, although a crowd now surround it, as the station merely of consecrated fire.
Sárad. I was not less confounded than yourself on entering the populous city; but now I look on it, as a man just bathed in pure water, on a man smeared with oil and dust, as the pure on the impure, as the waking on the sleeping, as the free man on the captive, as the independent on the slave.
Priest. Thence it is, that men, like you two, are so elevated above other mortals.
Sac. [Perceiving a bad omen.] Venerable mother, I feel my right eye throb! What means this involuntary motion?
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Town of Islip, Respondent, v Frank Caviglia et al., Doing Business as Happy Hour Bookstore, Appellants.
Second Department,
September 26, 1988
APPEARANCES OF COUNSEL
Bernard Fromartz for appellants.
Guy W. Germano, Town Attorney (Michael J. Cahill and Doris E. Roth of counsel), for respondent.
OPINION OF THE COURT
Spatt, J.
The issue on this appeal is the constitutionality of an ordinance of the Town of Islip that relegates the location of an adult bookstore to the town’s Industrial I zoning district. Since we find that this ordinance is not aimed at the content of the books sold but is in the nature of a time, place and manner restriction, we hold that the ordinance is constitutionally permissible.
I
In 1978, the respondent Frank Caviglia (doing business as Happy Hour Bookstore) opened an adult bookstore (hereinafter the bookstore) at 30 West Main Street, Bay Shore, in the Town of Islip in Suffolk County. Thereafter, the Town of Islip Community Development Agency condemned the building in which the bookstore was located. As a consequence, on June 12, 1980, the bookstore was moved across the street to its present location at 33 West Main Street. The latter parcel of real property is owned by the appellants Caviglia and Steven Weinkselbaum. The bookstore was then and is now situated in an area zoned Business I as defined in the Islip Town Code.
In 1980, the Town of Islip (hereinafter the town), in response to a public outcry opposed to so-called "adult businesses”, conducted a study on the effects of such establishments upon surrounding residential and commercial areas. This study consisted of an individual site analysis of "adult businesses” throughout the town, including the subject bookstore, and a review of studies and ordinances of other jurisdictions which utilized zoning ordinances to regulate adult businesses. Following the research period, it was determined that the town would base its adult-use ordinance on rulings by the United States Supreme Court and other courts and on the Detroit Anti-Skid Row Ordinance which dispersed so-called "sex-related businesses” (see, Young v American Mini Theatres, 427 US 50, reh denied 429 US 873).
On September 23, 1980, a public hearing was held to consider the addition to the Islip Town Code of an adult-use ordinance. At the hearing, the proposed ordinance (§ 68-341.1) was detailed by Eugene Murphy, a planner in the Town Department of Planning and Development. Mr. Murphy explained that the purpose of the ordinance was "to reduce the destructive impact of Adult uses on neighborhoods and prevent further ones”. He also discussed the prospective location of "adult businesses”, as follows:
"We feel the proper zone is an Industrial one, after special exception of the Board of Appeals. The reason for Industrial’ is that it should be generally removed from residences because it has an adverse effect on residential and business as well.
"With a Shopping Center, it tends to attract a wide marginal use such as: Bars, Lodging Houses, and Porno Book Stores. What we have seen is . . these uses tend to pull together so that the overall effect is much worse. It is not the Use, itself, but what it attracts, and you get Skid Row effect in a business area”.
Regarding the definition of "adult uses”, Murphy explained that in formulating similar ordinances, other legislative bodies throughout the Nation had experienced difficulty in defining "sex” and "adult” uses. A decision was eventually made to define an "adult use” establishment as one which excludes "any minor by reason of age”, and thereby avoid making difficult determinations as to what is pornographic and what is not pornographic. Following the hearing on September 23, 1980, the Islip Town Board unanimously approved the enactment of section 68-341.1. After the passage of this ordinance, the bookstore continued to operate as a legal nonconforming adult use subject to the amortization provisions of the ordinance (see, Islip Town Code § 68-341.1 [F] which established a five-year graduated termination date for nonconforming adult uses, depending upon the amount of capital investment).
More than four years later, on February 21, 1985, William Heffernan, an investigator in the Law Enforcement Division of the office of the Town Attorney of the Town of Islip, visited the Happy Hour Bookstore. As he approached the premises, Mr. Heffernan observed a prominently displayed sign stating, "You must be 21 years or older to enter”. In the store, he observed a quantity of books and periodicals of a sexually oriented nature offered for sale.
Following this inspection, in March of 1985, the town commenced this suit to permanently enjoin the appellants from operating the subject premises as an adult bookstore. In the interim, the town sought a preliminary injunction precluding such use of the premises. Its petition alleged the following:
1. The bookstore was "an "Adult bookstore” within the meaning of section 68-341.1 (B) of the Town Code;
2. The bookstore was being operated in an area zoned "Business I”, which was violative of Town Code § 68-271; and
3. The appellants’ preexisting right to a legal nonconforming adult use had terminated pursuant to section 68-341.1 (F) as of January 15, 1985, if not sooner.
Both the town and the appellants moved for summary judgment. In support of their motion, the appellants argued that:
1. The bookstore was being operated pursuant to a valid nonconforming use which predated the ordinance.
2. The zoning ordinance was vague and contravened NY Constitution, article I, § 6 and § 8.
3. The ordinance constituted a prior restraint in violation of the State Constitution with regard to the bookstore.
In an order dated June 26, 1985, the Supreme Court, Suffolk County (Balletta, J.), denied the town’s motion for a preliminary injunction and denied both the motion and the cross motion for summary judgment, finding that "[n]either party [had] presented sufficient evidence to direct judgment in their favor”. Justice Balletta went on to dismiss the appellants’ "void for vagueness” defense, stating "[s]ince the [appellants admit] that [t]he[y] [are] operating an adult bookstore in violation of the ordinance, it is clear that the ordinance applies to [them] and [t]he[y] may not challenge it on the basis of vagueness. Neither [do they] have standing to challenge it on behalf of third persons Wigginess, Inc. v. [Fruchtman] 482 F. Supp. 681, affd 628 F. 2d 1346 [, cert denied 449 US 842]”. By notice of appeal dated July 23, 1985, the appellants appealed from so much of Justice Balletta’s order as denied their motion for summary judgment "and [did] not appeal from any other part of the [order] except as herein specifically set forth”. That appeal was never perfected.
The parties then sought a determination, based upon stipulated facts submitted pursuant to CPLR 3222, as to the constitutionality of the subject zoning ordinance. In a decision dáted July 29, 1987, the Supreme Court, Suffolk County (Saladino, J.), found that the ordinance was constitutionally valid on its face and represented a proper exercise of the Town of Islip’s zoning power. The court declined to address the appellants’ claim that the statute was “void for vagueness”, stating that Justice Balletta’s June 26, 1985 decision was the law of the case. In addition, the court rejected the appellants’ challenge to the five-year amortization clause contained in the ordinance.
On September 15, 1987, an order and judgment (one paper) was made permanently enjoining the appellants from operating the Happy Hour Bookstore as an “adult bookstore” as defined in section 68-341.1 (B) of the Islip Town Code. This court granted a stay of the order and judgment pending the outcome of this appeal.
II
The crux of the appellants’ argument on appeal is that the subject adult-use ordinance is constitutionally infirm, in that the ordinance constitutes a content-based prior restraint upon free speech in violation of NY Constitution, article I, § 8. In opposition, the town contends that, based upon the test set forth by the United States Supreme Court in Renton v Playtime Theatres (475 US 41), the ordinance is a valid time, place and manner restriction which is violative of neither the Federal nor the State Constitutions.
The issue presented must be resolved within the context of three pertinent decisions of the United States Supreme Court. In Young v American Mini Theatres (427 US 50, reh denied 429 US 873, supra), the court upheld as constitutional an “Anti-Skid Row Ordinance” which provided, inter alia, that an adult theater could not be located within 1,000 feet of any two other “regulated uses,” or within 500 feet of a residential area. “Regulated uses” included adult bookstores and theaters, cabarets, bars, dance halls and hotels which were restricted to adults. Reasoning that the lines drawn by the ordinance were justified by the city’s interest in preserving the character of its neighborhoods and that ultimately what was at stake was “nothing more than a limitation on the place where adult films may be exhibited”, the court held that the ordinance was not violative of the Equal Protection Clause of the Fourteenth Amendment (Young v American Mini Theatres, supra, at 71-73).
In Schad v Mount Ephraim (452 US 61), the court struck down, as violative of the First and Fourteenth Amendments, an ordinance prohibiting all live entertainment in a commercial zone. Pursuant to this ordinance, the borough sought to preclude live nude dancing at an establishment where adult films were viewed. Distinguishing Schad from Young v American Mini Theatres (supra), the court concluded that the Borough of Mount Ephraim had "not adequately justified its substantial restriction of protected activity” (Schad v Mount Ephraim, supra, at 72), or proven that "its interests could not be met by restrictions that are less intrusive on protected forms of expression” (Schad v Mount Ephraim, supra, at 74). Because the ordinance constituted an absolute ban on commercial live entertainment while permitting a variety of other commercial uses and did not "leave open adequate alternative channels of communication,” the court also rejected the claim that the ordinance was a reasonable time, place and manner restriction (Schad v Mount Ephraim, supra, at 75-76).
In Renton v Playtime Theatres (475 US 41), the appellants purchased two theaters in Renton, Washington, with the intention of showing adult films, and commenced a lawsuit in the Federal District Court, challenging a city ordinance that prohibited adult movie theaters from locating within 1,000 feet of any residential zone, single or multiple family dwelling, church, park or school. The District Court held that the ordinance did not violate the First Amendment. The Ninth Circuit Court of Appeals reversed in part and remanded for a determination as to whether the city had substantial governmental interests to support the ordinance. In an opinion by Justice Rehnquist, the Supreme Court reversed the Ninth Circuit, holding that the ordinance was a valid governmental time, place and manner restriction enacted in response to "serious problems” created by adult theaters (Renton v Playtime Theatres, supra, at 46, 54). Relying heavily upon its prior decision in Young v American Mini Theatres (supra), the court set forth the following three-element test to determine whether the ordinance could withstand constitutional scrutiny:
1. Was the ordinance aimed at the content of the films shown at adult movie theaters or at the secondary effects of such theaters on the surrounding community?
2. Was the ordinance designed to serve a substantial governmental interest?
3. Does the ordinance allow for reasonable alternative avenues of communication?
Applying these standards, the court held that the ordinance was content-neutral and, by its terms, was designed to fulfill the City of Renton’s substantial interest in protecting the community and the quality of its urban life. The court further concluded that the ordinance allowed for reasonable alternative avenues of communication, in that some 520 acres (or more than 5% of the entire land area of Renton) was open to use as adult theater sites. Relevant to the forced relocation of the adult theaters, the court stated: “That respondents must fend for themselves in the real estate market, on an equal footing with other prospective purchasers and lessees, does not give rise to a First Amendment violation. And although we have cautioned against the enactment of zoning regulations that have 'the effect of suppressing, or greatly restricting access to, lawful speech,’ American Mini Theatres, 427 U.S., at 71, n. 35 (plurality opinion), we have never suggested that the First Amendment compels the Government to ensure that adult theaters, or any other kinds of speech-related businesses for that matter, will be able to obtain sites at bargain prices * * * In our view, the First Amendment requires only that Renton refrain from effectively denying respondents a reasonable opportunity to open and operate an adult theater within the city, and the ordinance before us easily meets this requirement” (Renton v Playtime Theatres, supra, at 54).
The Renton test has subsequently been applied with varying results to a number of local ordinances which created various restrictions on adult establishments.
In Christy v City of Ann Arbor (824 F2d 489, cert denied — US —, 98 L Ed 2d 978), the zoning ordinance restricted adult bookstores to a district which totaled only .058 square miles and contained only .23 of 1% of the land area of the City of Ann Arbor (as contrasted with the 520 acres and 5% of the land area involved in the City of Renton ordinance). The Sixth Circuit remanded the case to the District Court to determine whether the permitted geographic boundaries were too limited so as to severely restrict First Amendment expression. The court also vacated the District Court’s finding of a substantial governmental interest, since the record not only failed to reveal any evidence of such studies but lacked even an allegation by the city that the zoning ordinance was to prevent resultant urban blight.
In Berg v Health & Hosp. Corp. (667 F Supp 639), a business offering customers private viewings of motion pictures was cited by the defendant for violating a city ordinance designed to decrease the spread of AIDS. The ordinance set forth minimum standards regulating rooms, booths or stalls in commercial premises which place persons at risk of infection from AIDS due to their design or intended use for high risk sexual conduct. Applying Renton, the District Court rejected a challenge to the subject ordinance, concluding that the ordinance was a constitutional time, place and manner restriction which was designed to serve a substantial governmental interest.
In other Federal cases, the challenged ordinances failed to satisfy the elements of the Renton test. For example, in Tollis Inc. v San Bernardino County (827 F2d 1329), the operator of an adult movie and live entertainment establishment commenced an action challenging the constitutionality of an ordinance prohibiting the location of adult-oriented businesses within 1,000 feet of residential land use and other business and residential establishments. Applying the Renton test, the Ninth Circuit concluded that the ordinance was unconstitutional because the county "failed to show that the ordinance [was] * * * sufficiently ' "narrowly tailored” to affect only that category of theaters shown to produce the unwanted secondary effects’ ” (Tollis Inc. v San Bernardino County, supra, at 1333). Moreover, the court found it "difficult to imagine that only a single showing ever, or only one in a year, would have any meaningful secondary effects” (Tollis Inc. v San Bernardino County, supra, at 1333).
The Renton test has also been applied in other State jurisdictions to determine the constitutionality of similar adult-use ordinances. In a recent Illinois case involving an ordinance remarkably similar to the one at issue in the instant case, the Supreme Court of Illinois applied the Renton test and upheld as constitutional an ordinance allowing adult-use businesses to be located only in specified zoned areas (Cook County v Renaissance Arcade & Bookstore, 122 Ill 2d 123, 522 NE2d 73). The ordinance in Cook County v Renaissance Arcade & Bookstore contained the following provisions:
1. Not more than two adult uses are permitted to be established within 1,000 feet of each other in a commercial zone;
2. A special use application requires a public hearing before the Zoning Board of Appeals and a decision by the Board of Commissioners;
3. An amortization provision providing for a six-month amortization of nonconforming uses; and
4. A requirement that such adult uses be greater than 500 feet from a residential or religious area or structure.
It was determined that 78 industrially zoned areas were available for adult uses, as a matter of right, in accord with the challenged ordinance. These areas were scattered throughout the county and ranged from several to almost 100 acres. The Supreme Court of Illinois held that the ordinance "provides a reasonable number of alternative sites and does not unconstitutionally suppress the defendants’ free speech rights or unconstitutionally limit access to protected materials” (Cook County v Renaissance Arcade & Bookstore, supra, 122 Ill 2d, at —, 522 NE2d, at 80). The court also upheld the amortization provision contained in the ordinance.
In City of St. Paul v Carlone (419 NW2d 129, 132), a zoning ordinance which required that adult-use businesses be adequately spaced to prevent potential harm to city neighborhoods was held to be facially constitutional under the Renton standard of "content neutral” time, place and-manner regulations.
In 5297 Pulaski Highway v Town of Perryville (69 Md App 590, 519 A2d 206, cert denied 309 Md 521, 525 A2d 636), the challenged zoning ordinance restricted adult bookstores to certain prescribed zones, imposed other geographic restrictions and, even in such a restricted zone, required the adult bookstore to satisfy the town’s Board of Appeals with respect to 13 listed criteria. In holding that the Renton test was satisfied and that the ordinance was facially constitutional, the court’s decision included the following relevant statements:
"We think the record supports Perryville’s assertion that Ordinance 84-1 was designed to serve a substantial government interest. '(A town’s) interest in attempting to preserve the quality of urban life is one that must be accorded high respect.’ Young v American Mini Theatres, 427 U.S. at 71, 96 S. Ct. 2440, 49 L.Ed.2d 310 * * *
"The record does not reflect that Perryville enacted Ordinance 84-1 as a pretext to suppression of protected expression. Rather in the interest of preserving the general welfare of the community, the town established a procedure whereby adult bookstores are permitted as conditional uses in certain areas * * *
"Perryville Ordinance No. 84-1 is facially predicated upon a fundamental governmental interest in protecting the general welfare of the community. Adult bookstores are regulated, not proscribed. The ordinance was not directed toward the suppression of speech” (Pulaski Highway v Town of Perryville, supra, 69 Md App, at 595-596, 597, 519 A2d, at 209-210; see also, Book-Cellar v City of Phoenix, 150 Ariz 42, 721 P2d 1169 [zoning ordinance prohibiting the location of adult businesses within 500 feet of a residential zone upheld as a constitutionally valid time, place and manner restriction]).
Applying the Renton test to the facts of this case, we conclude that the Town of Islip ordinance limiting the location of adult uses to the Industrial I district is a valid time, place and manner restriction. First, it is clear from the record that the subject ordinance, which was enacted after extensive studies, is not aimed at the content of the books but, rather, at the effect of the bookstore upon the community and its quality of life. Second, the ordinance is designed to serve a substantial governmental interest; namely, to prevent the type of "skid row” environment caused by proliferation of sex-oriented businesses, and its purpose is to preserve the quality of life in its business community.
As to the third Renton element, it is evident that the ordinance at issue provides reasonable alternative locations within the town for adult-use establishments. The record reveals that the town contains over 6,000 acres of land zoned Industrial I scattered throughout the town in various stages of development. The Industrial I area includes a total of 85.6 miles of running footage on open roads. Approximately 12 miles of running footage on open roads are situated on lots over 500 feet from a church, school playground, park or residential zone (cf., Basiardanes v City of Galveston, 682 F2d 1203, a pre-Renton case in which the adult theaters were restricted to industrial zones which were "largely a patchwork of swamps, warehouses and railroad tracks” and lacked access roads). We therefore find that there is sufficient Industrial I property dispersed throughout the Town of Islip so that the town does provide the bookstore with alternative locations.
Ill
Our conclusion that the Town of Islip adult-use ordinance passes constitutional muster does not conclude with the application of the test promulgated by the United States Supreme Court in Renton (475 US 41, supra). It has long been recognized that while courts of this State are bound by decisions of the Supreme Court in matters of Federal law, in determining the scope and effect of individual fundamental rights under the New York State Constitution, we are bound to exercise our independent judgment and are not constrained by decisions of the Supreme Court limiting the scope of similar guarantees under the Federal Constitution. The New York State Court of Appeals has applied the New York State Constitution, in both civil and criminal matters, to invoke a broader scope of protection than that accorded by the Federal Constitution in various cases concerning individual rights and liberties (see, e.g., People v P. J. Video, 68 NY2d 296, cert denied 479 US 1091 [involving the probable cause standard in a warrant application authorizing the seizure of video cassette films as evidence that the defendants were promoting obscenity]; People ex rel. Arcara v Cloud Books, 68 NY2d 553 [closing a bookstore to curtail the illegal acts of its customers affects the store’s constitutional right to freedom of expression so as to require the State to show that it is the only means available to abate the nuisance]; Rivers v Katz, 67 NY2d 485, rearg denied 68 NY2d 808 [the right of involuntarily committed mental patients to refuse antipsychotic medication]; Bellanca v New York State Liq. Auth., 54 NY2d 228, cert denied 456 US 1006 [a blanket ban on topless dancing declared violative of the New York State Constitution]; Sharrock v Dell Buick-Cadillac, 45 NY2d 152 [statutory provisions permitting ex parte foreclosure of a garageman’s possessory lien declared violative of the due process provision of the State Constitution]; People v Barber, 289 NY 378 [an ordinance prohibiting peddling held not applicable to members of religious organization who sold bibles without individual profit]).
"In determining whether to exercise independent judgment under the New York State Constitution to provide greater protection than the due process floor set by the Supreme Court, we first look to the texts of the Constitutions” (People v Kohl, 72 NY2d 191, 197). NY Constitution, article I, § 8 provides: "Every citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press.”
US Constitution article I expresses the right of free speech in the following language: "Congress shall make no law * * * abridging the freedom of speech, or of the press ".
Although both documents prohibit laws abridging freedom of speech, the New York Constitution includes the additional language that "every citizen may freely speak, write and publish his sentiment on all subjects”. In light of this difference, we proceed to the second step of the analysis; i.e., an examination of the historical basis for the distinction (People v Kohl, supra). In this regard, the New York Court of Appeals has recently stated: "Freedom of expression in books, movies and the arts, generally, is one of those areas in which there is great diversity among the States. Thus it is an area in which the Supreme Court has displayed great reluctance to expand Federal constitutional protections, holding instead that this is a matter essentially governed by community standards (Miller v California, 413 US 15). However, New York has a long history and tradition of fostering freedom of expression, often tolerating and supporting works which in other States would be found offensive to the community (People v P. J. Video, supra). Thus, the minimal national standard established by the Supreme Court for First Amendment rights cannot be considered dispositive in determining the scope of this State’s constitutional guarantee of freedom of expression” (People ex rel. Arcara v Cloud Books, 68 NY2d 553, 557-558, supra; emphasis supplied).
Consequently, the ordinance at issue here must also be analyzed with reference to New York State’s more stringent requirement that "when government regulation designed to carry out a legitimate and important State objective would incidentally burden free expression, the government’s action cannot be sustained unless the State can prove that it is no broader than needed to achieve its purpose” (People ex rel. Arcara v Cloud Books, supra, at 558; compare, Arcara v Cloud Books, 478 US 697, 706-707 [in a challenge under the First Amendment of the US Constitution, the " least restrictive means’ ” test is applicable only when the government’s action is directly aimed at curtailing "conduct with a significant expressive element” or "has the inevitable effect of singling out those engaged in expressive activity”]).
Furthermore, the Court of Appeals has "recognize[d] that regardless of whether there exists a Federal constitutional provision parallel to a State provision, we must undertake a 'noninterpretive’ analysis, proceeding from 'a judicial perception of sound policy, justice and fundamental fairness’ ” (People v Alvarez, 70 NY2d 375, 378, quoting People v P. J. Video, 68 NY2d 296, 303, cert denied 479 US 1091, supra).
In our view, the analyses and results in Renton (supra) and Young (427 US 50, supra) are in accord with New York State law and interests. The rationale underlying the test established by those cases is sound and withstands scrutiny under the New York State Constitution. A comparison of the facts in this case to the aforementioned cases in which the Court of Appeals has applied the New York State Constitution to invoke greater rights to our citizens than under the Federal Constitution reveals that the constraints imposed by the Town of Islip ordinance do not rise to a level so as to be violative of our New York State constitutional standards. The ordinance in question relocates but does not ban adult establishments and, therefore, does not impermissibly “abridge” the liberty of speech (see, NY Constitution, art I, § 8). Nor is there, except as hereinafter shown, a prior restraint upon the appellants’ constitutionally protected right to disseminate adult books and other materials. Rather, the ordinance imposes a time, place and manner restriction upon the operation of adult business in a reasonable attempt to preserve the quality of community life. Further, we are satisfied that the Renton and Young test serves this State’s interest in ensuring a balance between the right of an adult bookstore to remain in business and the right of a town to protect its business districts from the spectre of skid-row deterioration.
IV
We also reject the appellants’ contention that the ordinance is unconstitutionally vague and overbroad. A vagueness challenge is determined by the application of a two-part analysis. First, it must be determined whether the ordinance in question is sufficiently definite to provide a person of ordinary intelligence with fair notice that his conduct is forbidden by the ordinance (see, People v Nelson, 69 NY2d 302, 307; People v Smith, 44 NY2d 613, 618; People v McGrath, 135 AD2d 60, 64, lv denied 71 NY2d 1030). Second, an ordinance must set forth explicit standards for those who apply them to preclude “ ' “resolution on an ad hoc and subjective basis, with the attendant dangers of arbitrary and discriminatory application” ’ ” People v Nelson, supra, at 307, quoting Grayned v City of Rockford, 408 US 104, 109). We are further guided by the rule that if the actions of a party are clearly within the ambit of the statute, courts will not strain to imagine hypothetical situations where the application of a statute or ordinance would be unclear (Young v American Mini Theatres, 427 US 50, 58-59, reh denied 429 US 873, supra; People v Nelson, supra, at 308). Based upon these principles, it is readily apparent that the Town of Islip adult use ordinance is not impermissibly vague.
Similarly, we conclude that the ordinance is not unconstitutionally overbroad (see, City of Houston v Hill, 482 US 451, 96 L Ed 2d 398; Young v American Mini Theatres, 427 US 50, 60, supra). The ordinance relocates, but does not proscribe, constitutionally protected speech or conduct. Furthermore, the ordinance is limited to establishments which exclude minors by reason of age. This limitation reasonably confines the application of the ordinance to those establishments found to have a secondary detrimental effect on the community.
V
We now turn to the validity of the provisions in the ordinance amortizing the legal nonconforming use. In this regard, we agree with the compelling weight of authority that the legal nonconforming use of the respondent bookstore could be amortized in the manner set forth in the town’s adult-use ordinance without impairing the bookstore’s rights under the Federal or State Constitutions (see, Matter of Suffolk Outdoor Adv. Co. v Town of Southampton, 60 NY2d 70, rearg denied 61 NY2d 670; Suffolk Outdoor Adv. Co. v Hulse, 43 NY2d 483; Modjeska Sign Studios v Berle, 43 NY2d 468; see also, SDJ, Inc. v City of Houston, 636 F Supp 1359, affd 837 F2d 1268; Dumas v City of Dallas, 648 F Supp 1061, affd 837 F2d 1298, stay granted sub nom. FW/PBS, Inc. v City of Dallas, — US —, 99 L Ed 2d 919; Hart Book Stores v Edmisten, Inc., 612 F2d 821, cert denied 447 US 929; Purple Onion v Jackson, 511 F Supp 1207).
The ordinance at issue in Cook County v Renaissance Arcade & Bookstore (122 Ill 2d 123, 522 NE2d 73, supra) provided for an automatic six-month amortization period with an additional nondiscretionary six months given to any business upon application for a certificate of nonconformance. The ordinance also allowed for a discretionary amortization period longer than one year. These amortization provisions, which provided . a shorter permissible nonconforming use than the provision in the ordinance at issue, were upheld by the Supreme Court of Illinois.
In a similar case, the Supreme Court of the State of Washington upheld the constitutionality of an ordinance regulating the location of adult motion picture theaters which provided for a 90-day amortization for preexisting nonconforming uses (see, Northend Cinema v City of Seattle, 90 Wash 2d 709, 585 P2d 1153).
The ordinance at issue here provided for amortization periods varying from approximately 15 months to over 5 years, depending on the amount of capital investment in the business as of the date of the enactment of the ordinance. We therefore conclude that the amortization provision of the subject Town of Islip ordinance is valid.
VI
Our final concern involves that portion of the ordinance which states that adult uses shall be allowable in an Industrial I district "only as a special exception by the Board of Appeals after public hearing”. If this provision would result in an additional obstacle to the relocation of an adult bookstore in an Industrial I district, it would weigh heavily in the resolution of the third element of the Renton test. Stated directly, if this requirement for a special exception permit were to be used as a means of barring otherwise complying adult establishments from locations even in an industrial zone, the ordinance would fail to pass constitutional muster.
Unlike a variance, a special exception does not entail a use of property which is forbidden by the zoning ordinance but, instead, constitutes a recognition of a use which the ordinance permits under stated conditions (see, Matter of North Shore Steak House v Board of Appeals, 30 NY2d 238, 243), and the "burden of proof on an applicant for a special exception permit is much lighter than that required for a hardship variance” (Matter of North Shore Steak House v Board of Appeals, supra, at 244). Applied to this case, the determination that an adult bookstore "is an acceptable use for the land has already been made, legislatively, in the zoning ordinance^]” (Matter of Pleasant Val. Home Constr. v Van Wagner, 41 NY2d 1028, 1029).
However, this ordinance, requiring a special exception permit by the Board of Appeals after a public hearing, "does not deprive the zoning board of discretion to evaluate each application for a special permit” (Matter of Pleasant Val. Home Constr. v Van Wagner, supra, at 1029). The ordinance affords the Zoning Board discretion to find that a particular adult establishment does not meet the criteria of the special exception provisions of the zoning ordinance.
Given the fundamental constitutional right of free speech, in our view the provision requiring a special exception permit after a public hearing impermissibly vests town officials with the power to discriminate on the basis of the content of the books or other forms of expression. We come to this conclusion because we find no express provisions in the ordinance setting standards or guidelines for the Zoning Board to follow in deciding whether to grant or deny special exception permits. While there are permissible restrictions set forth in subdivision (C) of the ordinance (i.e., that the establishments shall not be within 500 feet of a residential area or within one-half mile of another adult-use business or within 500 feet of a school, place of religious worship, park, playground or playing field), there is no indication that these will be the only restrictions imposed.
The United States Supreme Court has condemned the vesting of discretionary power in the hands of local officials so as to enable them to grant or deny permits needed to engage in a constitutionally protected activity. In Shuttlesworth v Birmingham (394 US 147, 151, on remand 45 Ala App 723, 222 So 2d 377), the court struck down an Alabama ordinance requiring anyone desiring to participate in a parade or public demonstration to obtain a permit. The court held that this provision of the ordinance conferred "virtually unbridled and absolute power to prohibit any 'parade’ * * * on the city’s streets or public ways” (Shuttlesworth v Birmingham, supra, at 150). Significantly, the court held that "a law subjecting the exercise of First Amendment freedoms to the prior restraint of a license, without narrow, objective and definite standards to guide the licensing authority, is unconstitutional” (Shuttlesworth v Birmingham, supra, at 150-151).
In this case, while the ordinance meets the Renton standards, the Town of Islip cannot impose an additional barrier ■to the relocation of the bookstore in an Industrial I zone by vesting unfettered discretion in the Zoning Board to grant or deny a special exception permit. This provision gives the Zoning Board the right to impose restrictive conditions on the adult-use businesses on the basis of subjective factors which may serve to disguise content censorship. Therefore, the provision requiring a special exception permit as set forth in the ordinance violates the bookstore’s First Amendment rights as well as its corresponding rights under the New York State Constitution.
The remaining question is whether the unconstitutional portion is severable from the valid remainder of the ordinance. That one part of a statute is unconstitutional does not necessarily invalidate the entire act. It is a fundamental rule that an unconstitutional part of a statute may be severed and rejected, while the valid portion may stand. As stated in People ex rel Alpha Portland Cement Co. v Knapp (230 NY 48, 60), "[t]he question is in every case whether the legislature, if partial invalidity had been foreseen, would have wished the statute to be enforced with the invalid part exscinded, or rejected altogether”. As early as 1931, Chief Judge Cardozo stated in People v Mancuso (255 NY 463, 473) "[t]he whole tendency during recent years, at least in this court, has been to apply the principle of severance with increasing liberality.” The rule, stated succinctly, is as follows: "Our duty is to save unless in saving we pervert” (People ex rel. Alpha Portland Cement Co. v Knapp, supra, at 63).
The question then is whether the Town Board of the Town of Islip would have opted to have the zoning ordinance enacted relocating adult bookstores to the Industrial I zone with only the restrictions set forth in the ordinance (as to location near church, school, etc.) and without the requirement of obtaining a special exception permit from the Board of Appeals after a public hearing. In reviewing the ordinance to test severability, a court must look at the importance of the statute and the significance of the rejected portion within the over-all statutory scheme (see, People v Liberta, 64 NY2d 152, 171, cert denied 471 US 1020).
Does the nature of this defect pervade the intent and purpose of the ordinance, or is it a provision capable of being detached from the rest without destroying the substance of the legislation or causing a departure from the main intent of its enactment (see, Bell v Niewahner, 54 App Div 530)? In our view, the answer is obvious. The provisions of the ordinance establishing adult uses in the industrial zone satisfy the Renton standards. The additional provision requiring a special exception permit is superfluous and does not affect the constitutionality of the remainder of the ordinance, which can stand on its own. Viewing the totality of the circumstances, including the severability clause discussed below, we believe that the Town of Islip, if unable to insist upon a special exception permit, would nevertheless have chosen to relocate the adult-use businesses to the Industrial I district (see, Cook County v Renaissance Arcade & Bookstore, supra [special use permit provision contained in an adult use ordinance held to be constitutionally invalid and severed from remaining provisions restricting adult-use businesses to particular zones and establishing minimum distance requirements between adult businesses]).
Moreover, the Town of Islip Code contains a severability clause in the following broad language:
"§ 42.9. Severability
"If any clause, sentence, paragraph, section or part of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.”
An express statement by a legislative body that the valid provisions of a statute or ordinance should be enforced, despite a judicial determination that a part is unconstitutional, is generally adhered to by the courts (see, People ex rel. Stafford v Travis, 231 NY 339; Matter of People by Van Schaick [National Sur. Co.], 239 App Div 490, affd 264 NY 473; Di Paola v Reilly, 22 AD2d 910; 20 NY Jur 2d, Constitutional Law, § 92).
Therefore, that portion of the opening sentence of section 68-34.1 which conditions the establishment of an adult use business in an Industrial I district "only as a special exception by the Board of Appeals after public hearing” is hereby declared unconstitutional and is severed from the balance of the ordinance, which we uphold.
In sum, we find, as in Renton (475 US 41, supra), that the Islip ordinance is aimed not at the content of the books sold at the bookstore but rather at the secondary effects of such adult bookstores on the surrounding community. The ordinance comports with the "content-neutral” Renton test in that it is designed to serve a substantial governmental interest and, without the special exception permit requirement, allows a reasonable opportunity to open and operate an adult bookstore within the Town of Islip. As such, the zoning ordinance at issue satisfies the constitutional dictates and the doctrine of over-all fundamental fairness mandated by our Court of Appeals.
Accordingly, the order and judgment (one paper) permanently enjoining the respondent from operation as an adult bookstore at its present location should be modified by deleting so much of the judgment as declared the provision of section 68-341.1 of the Code of the Town of Islip requiring a special exception constitutionally valid and substituting therefor a declaration that the special exception requirement is unconstitutional.
Thompson, J. P., Sullivan and Harwood, JJ., concur.
Ordered that the order and judgment (one paper) is modified, on the law and the facts, by deleting so much of the judgment as declared the provision of section 68-341.1 of the Code of the Town of Islip requiring a special exception, constitutionally valid and substituting therefor a declaration that the special exception requirement is unconstitutional; as so modified, the judgment is affirmed, with costs to the respondent.
. The record is unclear as to whether the appellant Steven Weinkselbaum is a co-owner of the bookstore or if his involvement in the action derives solely from the ownership of the real property upon which the bookstore is presently located.
. The. proposed ordinance, which was later enacted by the Islip Town Board, in its entirety, provides as follows:
"§ 68-341.1. Adult uses. [Added 9-23-80]
"Adult uses shall be allowable in an Industrial 1 District only as a special exception by the Board of Appeals after public hearing.
"A. Purposes and considerations.
"(1) In the execution of this ordinance it is recognized that there are some uses which, due to their very nature, have serious objectionable characteristics. The objectionable characteristics of these uses are further heightened by their concentration in any one area, thereby having deleterious effects on adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods or land uses.
"(2) It is further declared that the location of these uses in regard to areas where our youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Town of Islip.
"(3) These special regulations are itemized in this section to accomplish the primary purposes of preventing a concentration of these uses in any one area and restricting their accessibility to minors.
"B. Definitions. As used in this ordinance, the following terms shall have the meanings indicated:
"adult bookstore — An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, films, slides and video tapes and which establishment is customarily not open to the public generally but excludes any minor by reason of age.
"adult drive-in theater — A drive-in theater that customarily presents motion pictures that are not open to the public generally but excludes any minor by reason of age.
"adult entertainment cabaret — A public or private establishment which presents topless dancers, strippers, male or female impersonators or exotic dancers, or other similar entertainments, and which establishment is customarily not open to the public generally but excludes any minor by reason of age.
"adult motel — A motel which is not open to the public generally but excludes minors by reason of age, or which makes available to its patrons in their rooms films, slide shows or videotapes, which if presented in a public movie theater would not be open to the public generally but would exclude any minor by reason of age.
"adult theater — A theater that customarily presents motion pictures, films, videotapes or slide shows, that are not open to the public generally but exclude any minor by reason of age.
"massage establishment — Any establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed physical therapist or barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition also shall exclude health clubs which have facilities for physical exercise, such as tennis courts, racquetball courts or exercise rooms, and which do not receive their primary source of revenue through the administration of massages.
"peep shows — A theater which presents material in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged and which is not open to the public generally but excludes any minor by reason of age.
"C. The adult uses as defined in Subsection B above are to be restricted as to location in the following manner in addition to any other requirements of this Code.
"(1) Any of the above uses shall not be located within a five-hundred-foot radius of any area zoned for residential use.
"(2) Any of the above uses shall not be located within a one-half-mile radius of another such use.
"(3) Any of the above uses shall not be located within a five-hundred-foot radius of any school, church or other place of religious worship, park, playground or playing field.
"D. The restrictions enumerated in Subsection C above may be waived by the Town Zoning Board of Appeals if the applicant shows and the Board finds that the following conditions have been met in addition to the general conditions contained in Article XXXIII of this ordinance:
"(1) That the proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of this ordinance will be observed;
"(2) That the establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation or improvement, either residential or nonresidential; and
"(3) That fifty-one percent (51%) or more of the property owners within the restricted area as defined in Subsection C (1) of this section have signed a petition stating that they have no objection to the establishment of one of the uses defined above.
"E. No more than one (1) of the adult uses as defined above shall be located on any lot.
"F. By amortization, the right to maintain a legal non-conforming adult use shall terminate in accordance with the following schedule:
"Amount of Capital Investment* as of the Effective Date of this Ordinance 0 to 5,000 5.001 to 8,000 8.001 to 15,000 15.001 to 22,000 22.001 or more Shall Terminate January 1,1982 January 1, 1983 January 1, 1984 January 1, 1985 January 1,1986 Date Before Which Use
"* note: The term 'capital investment’, as used above, is defined to mean the initial outlay by the owner or operator of the use to establish the business as of the date of the enactment of the ordinance, exclusive of the fair market value of the structure in which the use is located.”
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CASELAW
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There’s more in the tank for oil – look for a 10% rise: Technical analyst
Crude oil closed in on $50 per barrel on Wednesday, and one technician thinks the commodity can head even higher from here. Crude settled at $49.83 on Wednesday, its highest close since June, as it struggled to surpass the key $50 level, which macro strategist Boris Schlossberg of BK Asset Management calls "psychologically important." As much as traders and investors are watching for oil to hit $50, however, Strategas technical analyst Chris Verrone actually sees oil heading to $55. Referring to a chart of oil dating back to last July, Verrone says that while oil has gone almost nowhere for the past four months, crude did break through what he describes as a "key level" at $48.55 this week. In other words, Verrone believes that by breaking through what he sees as resistance at the 50-day moving average, oil can make new highs and hit $55 with buying opportunities ahead. "I recognize that seasonality is not too favorable over the next several weeks, but I certainly want to look to any weakness as an opportunity to get exposure here," said Verrone on Wednesday on CNBC's "Power Lunch." Boris Schlossberg, managing director of FX strategy for BK Asset Management, also sees oil heading to $55, though no higher, as he expects inventories to pick up soon. However, he does believe that the current oil rally is actually a positive signal for the economy. More specifically, he points out that oil and the dollar are currently moving together, not in opposite directions as they traditionally do, given that oil is priced in dollars, so that a rising dollar tends to mean that crude prices drop. "The dollar and oil are moving lock and step, and I think the other reason for why that's happening is because it's sort of a boom trade," said Schlossberg. "It's a bet on the fact that the global economy is actually not slowing down as much as everybody thought."
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NEWS-MULTISOURCE
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TY - JOUR AU - Tajudeen Yahaya AU - Titilola Salisu PY - 2020/03/26 Y2 - 2022/01/27 TI - Genes predisposing to type 1 diabetes mellitus and pathophysiology: a narrative review JF - Medical Journal of Indonesia JA - Med J Indones VL - 29 IS - 1 SE - Review Article DO - 10.13181/mji.rev.203732 UR - http://mji.ui.ac.id/journal/index.php/mji/article/view/3732 AB - The possibility of targeting the causal genes along with the mechanisms of pathogenically complex diseases has led to numerous studies on the genetic etiology of some diseases. In particular, studies have added more genes to the list of type 1 diabetes mellitus (T1DM) suspect genes, necessitating an update for the interest of all stakeholders. Therefore this review articulates T1DM suspect genes and their pathophysiology. Notable electronic databases, including Medline, Scopus, PubMed, and Google-Scholar were searched for relevant information. The search identified over 73 genes suspected in the pathogenesis of T1DM, with human leukocyte antigen, insulin gene, and cytotoxic T lymphocyte-associated antigen 4 accounting for most of the cases. Mutations in these genes, along with environmental factors, may produce a defective immune response in the pancreas, resulting in β-cell autoimmunity, insulin deficiency, and hyperglycemia. The mechanisms leading to these cellular reactions are gene-specific and, if targeted in diabetic individuals, may lead to improved treatment. Medical practitioners are advised to formulate treatment procedures that target these genes in patients with T1DM. ER -
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ESSENTIALAI-STEM
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Change the branch in GitHub to which Subgit maps the SVN trunk branch?
Hi,
I’ve got Subgit set up such that it replicates a local SVN repository. I also setup a mirroring of that in GitHub.
“Trunk” branch in SVN is mirrored to “Master” in GitHub.
We recently introduced a rule to force pull requests to be created before accepting changes into the master. Unfortunately this broke the sync of SubGit since it cannot push the changes directly to Master. I was thinking if there is a way to make SubGit sync the trunk to another branch say master_svn and then we will create pull requests from master_svn to master in GitHub.
Something like.
SVN (Trunk) -> SubGit (Master_SVN) -> GitHub (Master_SVN)
(Master) <- GitHub (Master)
I understand that we’ll need to pull the GitHub (Master) into SubGit (Master) manually.
Hi Ravi,
yes, it’s surely possible to couple the trunk to another Git branch, it can be done but setting SubGit’s mapping configuration in the following way:
[svn]
trunk = trunk:refs/heads/master_svn
…
leaving the rest of the mapping lines untouched. Note, however, that if you would set a wildcard branches mapping like follows:
branches = branches/*:refs/heads/*
or in a similar way, then it will pick up the master branch and mirror it to master in SVN, so better either exclude it with svn.excludeBranches feature or set an explicit branches mapping so the the master branch is not included in the mapping configuration.
If it’s needed to differentiate SVN-mirrored and Git-only branches within single SubGit repositories, we usually recommend using different Git namespaces for SVN branches, setting the mapping like this:
[svn]
trunk = trunk:refs/heads/svn/master_svn
branches = branches/*:refs/heads/svn/*
tags = tags:refs/tags/svn/*
this approach allows using usual Git branches and not interfere with SVN ones.
Note, though, that such a mapping configuration changes are not possible to apply on the fly to an existing mirror since such changes require the repository rebuild, so either this repository should be rebuild or a new one created with new mapping.
Hope it will help.
Hi Ildar,
Thanks for the quick reply.
Just to clarify, I need the svn.excludeBranches to avoid the Master from GitHub going back in SVN, right? Would the following work?
svn.excludeBranches = master
Good point about differentiating SVN-mirrored and Git only branches but at the moment only the Master seems necessary.
Regards,
Ravi
Hi Ravi,
yes, that’s correct, to avoid the master going back to SVN. If may happen if the trunk is mapped to another branch, not the master, and at the same time there is a wildcard mapping that may include master. The svn.excludeBranches' setting is correct yet the svnpart there means the[svn]` section of the configuration file which is already present there, so just add the setting to the section:
[svn]
trunk = trunk:refs/heads/master_svn
…
excludeBranches = master
Just in case, here is more about branches exclusion:
TMate SubGit: Branches and tags mapping
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ESSENTIALAI-STEM
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Classical Music in NYC This Week
Our guide to the city’s best classical music and opera. BUDAPEST FESTIVAL ORCHESTRA at David Geffen Hall (Jan. 14, 3 p.m.). Ivan Fischer and his incomparable Hungarian forces are the first visitors in a strong week of touring orchestras passing through New York, and they are surely one of the finest and most consistently interesting teams operating today. The main event is Rachmaninoff’s lyrical Symphony No. 2, accompanied by Bach’s Orchestral Suite No. 2, and Beethoven’s Piano Concerto No. 3. Denes Varjon is the soloist.212-721-6500, lincolncenter.org DAVID BRIGGS at the Cathedral of Saint John the Divine (Jan. 16, 7:30 p.m.). Currently an artist in residence at this Morningside Heights cathedral, Mr. Briggs is one of our finest organists, and also a particularly good transcriber of orchestral works for his own instrument. Hear that to good effect in this concert, where he plays Mahler’s Symphony No. 5.212-316-7540, stjohndivine.org ‘L’ELISIR D’AMORE’ at the Metropolitan Opera (Jan. 16, 7:30 p.m., through Feb. 17). Donizetti’s classic comedy returns in the Bartlett Sher production, and with three strong leads: Matthew Polenzani as Nemorino, Pretty Yende as Adina, and Ildebrando d’Arcangelo as Dulcamara. Domingo Hindoyan, a product of El Sistema and the husband of the Met’s current Tosca, Sonya Yoncheva, makes his house debut on the podium.212-362-6000, metopera.org NEW YORK PHILHARMONIC at David Geffen Hall (Jan. 17, 7:30 p.m., through Jan. 20). Joshua Weilerstein, formerly a Philharmonic assistant conductor, returns to the podium as a replacement for the disgraced Charles Dutoit, and leads an all-Ravel program. Inevitably it ends with the “Boléro,” but on the way there is “Le Tombeau de Couperin” and the “Valses nobles et sentimentales,” as well as the Piano Concerto for the Left Hand, played by Jean-Yves Thibaudet.212-875-5656, nyphil.org ROYAL CONCERTGEBOUW ORCHESTRA at Carnegie Hall (Jan. 17-18, 8 p.m.). Daniele Gatti’s appointment as the chief conductor of the Netherlands’ foremost orchestra has made a great deal of sense: he and his players share a specialty in music from the Wagner-to-Mahler period. That’s the focus here. On Wednesday, a typical Gatti program: the third-act prelude and “Good Friday Music” from Wagner’s “Parsifal” prefaces Bruckner’s Symphony No. 9. On Thursday, there’s Mahler’s Symphony No. 1, and the soloist Janine Jansen, a Perspectives artist this season, joins in for Bruch’s Violin Concerto No. 1.212-247-7800, carnegiehall.org TALEA ENSEMBLE at Flea Theater (Jan. 18, 7 p.m.). A clever program from a clever ensemble, one made up of homages by composers contemporary to composers past. Hear Pauline Oliveros’ “Quintuplets Play Pen: Homage to Ruth Crawford,” James Weeks’ “Honey Celebration” (a nod to Schubert), Oliver Knussen’s “upon one note” (looking to Purcell), and Kurtag’s “Hommage à R. Sch.”866-811-4111, theflea.org
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NEWS-MULTISOURCE
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2018 NBA Awards
The 2018 NBA Awards were the 2nd annual awards show by the National Basketball Association (NBA), held on June 25, 2018 at Barker Hangar in Santa Monica, California and hosted by Anthony Anderson. James Harden of the Houston Rockets was awarded the NBA Most Valuable Player Award.
During the ceremony, it was revealed during EJ's Neat-O Stat of the Night that the cover athlete of NBA Live 19 will be Joel Embiid.
Winners and finalists
The full list of finalists were announced on May 16, 2018 during the TNT NBA Tip-Off pre-game show and posted to Twitter.
Winners are in boldface.
Fan Awards
Fan Awards nominees and categories were announced on the league's official website on April 18, 2018.
Winners are in boldface.
Performances
* Travis Scott: "Watch", "Butterfly Effect", "Goosebumps"
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WIKI
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John Francis Charles, 7th Count de Salis-Soglio
Sir John Francis Charles de Salis, 7th Count de Salis (19 July 1864 – 14 January 1939) was an Anglo-Irish British diplomat and landowner
Family background
He was the elder son of Count John Francis William de Salis (1825–1871), a diplomat and numismatist of Hillingdon, and Amelia Frances Harriet (1837 – 8 January 1885), eldest daughter of Christopher Tower, JP DL MP, (1800–84), of Huntsmoor Park, Iver, Buckinghamshire, and of Weald Hall, Essex.
Diplomatic career
After being educated at Eton (1877–1882, Edward Compton Austen Leigh's house) he was nominated an attaché in the diplomatic service on 20 November 1886. He passed a competitive examination on 14 January 1887. On 12 June 1888 he was appointed to Brussels as an attaché and promoted to Third Secretary on 14 January 1889. From 24 April 1892 he served in Madrid, and was promoted to Second Secretary on 22 August 1893. From August 1894 he served in Cairo under Lord Cromer in charge of the agency there when the Dervishes were active (he was granted an allowance for knowledge of Arabic on 2 April 1895). In autumn 1897 he was in Berlin, in 1899 in Brussels and from 1901 in Athens, as head of chancery (dealing with the Macedonian problem). He was promoted to First Secretary on 1 April 1904. He was employed between 1901 and 1906 at the Foreign Office in London, and appointed a British Delegate for negotiation of a new Commercial Convention with Romania on 7 September 1905. He served as Berlin chargé d'affaires and counsellor of embassy from 1 July 1906 to 1911, and was a British delegate at the International Copyright Conference at Berlin, October–November 1908. From November 1911 to 1916 he served as Envoy Extraordinary and Minister Plenipotentiary to the King of Montenegro at Cettinjé, and was Envoy Extraordinary and Minister Plenipotentiary on a special mission to the Holy See in 1916–1923, (Pope Benedict XV 1916–1922, and same to Pope Pius XI 1922–1923). He was a member of the 1931 Malta Royal Commission (report issued in a blue book, 11 February 1932).
De Salis Report
In 1919 the British Government sent de Salis to investigate the Serbian occupation of Montenegro, but his resulting report was suppressed. Alexander Devine in The Martyred Nation, 1924 wrote: The fact is the Report contains such a damning indictment of Serbian rule that its publication would immediately provoke interference; and that interference did not suit our policy towards the French Government.
In the House of Commons, Ronald McNeill repeatedly asked about production of the Report and De Salis's possible arrest. But as Devine put it: When the day came that Mr. McNeill found himself Under-Secretary for Foreign Affairs in the late Conservative Ministry, the Report was on his desk in the Foreign Office and Mr. McNeill could no more disclose its contents than his predecessors could. Meanwhile, Lord Sydenham in the House of Lords, Hansard, 29 November 1920 said:
* The Papers for which I ask are two. The first is the Report of Count de Salis, which the noble Earl (Curzon) the Leader of the House said he had no objection to giving, but he added— If the report is made public, the names of witnesses would be contained in it who gave their evidence to Count de Salis only on the pledge of strictest secrecy, and who might, I think, suffer seriously from divulgation. Could there be a clearer admission of what is going on in Montenegro?
In a letter, dated New York, 1 May 1922, published in The New York Times, 7 May 1922, Ronald Tree described the Count as: '..perhaps the greatest English authority on the Balkans'.
In April 1920, months after the possible event, an alleged arrest and imprisonment by the Serbians, the New York Times reported:
* Serbs arrest de Salis, Montenegro minister accuses Britain and Wilson to Nicholas.
* Paris, 2 April.
* "Count de Salis, formerly British Minister to Montenegro and later a special envoy to the Vatican for the British Government, has been arrested and imprisoned by the Serbians while executing a mission of investigation for his Government. This information is contained in a declaration made to King Nicholas of Montenegro, who is now in Paris, by the Montenegran Foreign Minister. Count de Salis's life has been in danger for a long time, according to this declaration, which prefaces the details of the incident by recalling Earl Curzon's declaration in the British House of Lords that the Montenegrans were anxious for a union with Serbia. Instead of demanding reparations, the declaration adds, the British Foreign Office suppressed the report of Count de Salis and continued to support Serbian claims. The declaration alleges the report was to the effect that the Serbian army 'which overran Montenegro after the armistice terrorized the population'. The reign of terror still continues, says the declaration, which, after asserting that whatever Serbian troops appear the occupation is followed by pillage, incendiarism and massacres, gives details. In conclusion the complaint is made in the declaration that 'Europe knows what is happening to Montenegro but remains indifferent,' and that President Wilson, 'the great champion of small nations, persistently turns a deaf ear.'"
The sensitivity of the issue is shown by the fact that only one of his four obituaries in The Times (1939) (19 January 1939, page 17, column D) mentions his Montenegrin Report, although not the arrest.
Marriage
He married in 1890 Hélène Marie de Riquet, Comtesse de Caraman-Chimay (18 August 1864 – 31 May 1902), daughter of Marie Eugène Auguste de Riquet, Prince de Caraman-Chimay, son of Joseph de Riquet de Caraman (1808-1886), 17th Prince de Chimay and 1st Prince de Caraman.
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WIKI
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In re LIVEMERCIAL AVIATION HOLDING, LLC, Debtor. Daniel L. Freeland, Plaintiff, v. CPA Warehouse and Johnny Mathis, Defendants.
Bankruptcy No. 10-20051.
Adversary No. 12-2168 JPK.
United States Bankruptcy Court, N.D. Indiana, Hammond Division.
Signed March 26, 2014.
Frederick L. Carpenter, Highland, IN, for Plaintiff.
George P. Galanos, Crown Point, IN, for Defendants.
MEMORANDUM AND ORDER OF FINAL DETERMINATION OF THE DEFENDANTS’ MOTION TO DISMISS
J. PHILIP KLINGEBERGER, Bankruptcy Judge.
This Adversary Proceeding was initiated by a complaint filed by Daniel L. Freeland, Trustee of the Chapter 7 bankruptcy estate of Livemercial Aviation Holding, LLC [Livemercial] (Freeland hereinafter, “Trustee”), on August 31, 2012. An amended complaint was filed on September 18, 2012. On October 14, 2012, the defendants CPA Warehouse (“CPA”) and Johnny Mathis (“Mathis”) filed a motion to dismiss the amended complaint. The motion to dismiss states three separate bases upon which the defendants assert that the Trustee’s amended complaint should be dismissed. In its Order of Partial Determination of Motion to Dismiss/Order for Hearing entered as Record No. 18 on March 20, 2013, the court determined two of the three grounds asserted by the defendants adversely to the defendants. In that order the court determined that further proceedings were necessary with respect to the third ground — the contention that this adversary proceeding was not commenced timely under the provisions of 11 U.S.C. § 546(a). The court deemed this assertion to be one under Fed. R.Bankr.P. 7012(b)/Fed.R.Civ.P. 12(b)(6). This Memorandum will finally determine all grounds advanced by Mathis and CPA in their motion to dismiss.
The court determines that it has subject matter jurisdiction with respect to all matters in relation to this adversary proceeding, and that it has complete statutory and constitutional authority to enter any and all orders and judgments as final determinations by the United States Bankruptcy Court. The matters asserted by this adversary proceeding are core proceedings pursuant to 28 U.S.C. § 157(b)(2)(H).
The focus of the amended complaint is recovery by the Trustee, for the benefit of the Chapter 7 bankruptcy estate of Livem-ercial, of property in the amount of $990,000.00, the value of a transfer alleged by the Trustee to have been made on or about June 9, 2009, by Livemercial to one or both of the defendants.
The amended complaint is ambiguous as to the legal theories which it asserts. Paragraph 7 refers to 11 U.S.C. § 542 and 11 U.S.C. § 548. The portions of the complaint stated in paragraphs 10 through 19 appear under a subheading which states: “Action to Avoid Fraudulent Transfer 11 U.S.C. § 548 and I.C. 32-18-2.” Paragraph 16 asserts that “the Defendants received an avoidable preferential transfer ...” (emphasis supplied). Paragraph 19 states:
That pursuant to 11 U.S.C. § 542, the $990,000 is an asset of Debtor’s Estate and that the Defendants are required to turnover said amounts to Plaintiff.
The prayer for relief has 5 enumerated provisions. Paragraph 1 requests a money judgment “avoiding the preferential transfers of $990,000”. Paragraph 2 requests a money judgment against the defendants “under Section 548 and Ind.Code § 32-18-2-15.”
From the foregoing, it’s possible to postulate that the amended complaint asserts four possible grounds for relief: (1) 11 U.S.C. § 548; (2) I.C. 32-18-2-15 [I.C. 32-18-2 et seq. ]; (3) 11 U.S.C. § 547 (preferential transfer); and (4) 11 U.S.C. § 542 in relation to perhaps a theory that the $990,000.00 at all times remained property of the debtor, now being in the possession of another person or entity — as contrasted to “transfer” of ownership.
The parties’ briefs are directed solely to actions concerning fraudulent conveyance. The “Trustee’s Response and Memorandum in Opposition to Motion to Dismiss” states: “Plaintiffs Amended Complaint seeks to avoid a fraudulent transfer pursuant to 11 U.S.C. § 548 and Ind.Code § 32-18-2 et seq.” (second full paragraph, page 2). From the foregoing, the court construes the amended complaint to assert actions only under 11 U.S.C. § 548 and I.C. 32-18-2 et seq. No action is asserted under 11 U.S.C. § 547, and no claim is made that the $990,000.00 is property of the debtor held by another.
The parties did not differentiate the statutory basis for a state law fraudulent conveyance action from an action under 11 U.S.C. § 548. The basis for the former is 11 U.S.C. § 544, not 11 U.S.C. § 548. However, 11 U.S.C. § 546(a) applies to actions under 11 U.S.C. § 544, 11 U.S.C. § 547 and 11 U.S.C. § 548. We thus proceed with respect to an amended complaint which claims relief under 11 U.S.C. § 548 and 11 U.S.C. § 544/I.C. 32-18-2 et seq.
The Motion to Dismiss asserts that the amended complaint should be dismissed on three separate grounds:
1. The court lacks subject matter jurisdiction over the adversary proceeding because the Trustee failed to adequately state the basis upon which the court’s jurisdiction is premised in the pleadings which he has filed in this case. The motion to dismiss and its accompanying mem-oranda essentially seek to characterize this alleged failure as precluding subject matter jurisdiction by the court. Thus, the court will deem this motion to have been filed pursuant to Fed.R.Bankr.P. 7012(b)/ Fed.R.Civ.P. 12(b)(1).
2. CPA and Mathis assert that the amended complaint fails to plead allegations of fraudulent conduct with the specification required by applicable pleading rules. This issue is addressed by the defendants under Fed.R.Bankr.P. 7012(b)/ Fed.R.Civ.P. 12(b)(6).
3. CPA and Mathis assert that this action by the Trustee is barred by the limitation provisions of 11 U.S.C. § 546(a). Pursuant to Fed.R.Bankr.P. 7008(a), the provisions of Fed.R.Civ.P. Rule 8 apply in adversary proceedings. Fed.R.Civ.P. 8(c)(1) includes the defense of “statute of limitations” as an affirmative defense. The court deems this affirmative defense to be within the scope of grounds which may be asserted under Fed.R.Bankr.P. 7012(b)/Fed.R.Civ.P. 12(b)(6), and this assertion will be so considered.
First, with respect to lack of subject matter jurisdiction, the court determines that the amended complaint sufficiently complies with applicable rules concerning pleading of the basis for the court’s jurisdiction. Even if it did not do so, the failure to specifically assert grounds for the court’s jurisdiction would not deprive the court of subject matter jurisdiction, but rather would be more in the nature of a Rule 12(b)(6) motion to dismiss, in response to which the court would allow the plaintiff to file an amended complaint which asserted the necessary jurisdictional basis. The court determines that this basis for asserted dismissal of the adversary proceeding is denied.
With respect to pleading of sufficient “facts” with particularity in relation to 11 U.S.C. § 548 and I.C. § 32-18-2 et seq., the court determines that paragraphs 9, 11,12, 13 and 14 of the amended complaint are sufficient to satisfy the requirements of Fed.R.Bankr.P. 7008(a)/Fed.R.Civ.P. 8(a) and of Fed.R.Bankr.P. 7009/ Fed.R.Civ.P. 9(b). The court determines that the asserted basis for dismissal of the complaint on this ground is denied.
CPA and Mathis assert that the Trustee’s action is time barred under the provisions of 11 U.S.C. § 546(a) which states:
(a) An action or proceeding under section 544, 545, 547, 548, or 553 of this title may not be commenced after the earlier of—
(1) the later of—
(A) 2 years after the entry of the order for relief; or
(B) 1 year after the appointment or election of the first trustee under section 702, 1104, 1163, 1202, or 1302 of this title if such appointment or such election occurs before the expiration of the period specified in subpara-graph (A); or
(2) the time the case is closed or dismissed.
The Trustee contends that the action was timely filed under the provisions of the foregoing statute.
In order to set the stage upon which the Court’s decision will play out, the record establishes the following “time line” as to pertinent proceedings in relation to the Motion to Dismiss:
1) The Bankruptcy Case of Livemercial Aviation Holding, LLC was filed as a voluntary Chapter 11 case by petition filed on January 11, 2010.
2) The Chapter 11 Case was converted to a Case Under Chapter 7 by the Record No. 123 Order entered on February 23, 2011.
3) The initial § 341 meeting with respect to the Chapter 7 case of the debtor was set for March 18, 2011, and was noticed to creditors by Record No. 124 entered on February 23, 2011. In the Record No. 124 document, Daniel L. Freeland was designated as the interim trustee pursuant to 11 U.S.C. § 701(a)(1).
4) As evidenced by the record entry between Docket Record Entries Nos. 133 and 134, the Trustee continued the § 341 meeting to May 17, 2011.
5) As Record Entry No. 137 filed on June 7, 2011, the Trustee filed a Motion to Compel the Debtor to attend the § 341 meeting. In that document, the Trustee continued the § 341 meeting to June 21, 2011.
6) By its Record No. 140 Order, the Court ordered the Debtor Livemercial to appear at the June 21, 2011, § 341 meeting. The Record No. 140 Order also stated that in the event the Debt- or failed to comply with respect to the required appearance at the June 21, 2011 § 341 meeting, a hearing would be held on August 12, 2011 to show cause why contempt should not be determined with respect to that failure.
7) By Record No. 146, Livemercial’s principal Johnny Mathis was ordered to appear at the August 30, 2011, § 341 meeting, and it was ordered that if he didn’t, a show cause hearing would be held on September 9, 2011.
8) As established by the Record Entry between Record Entries Nos. 150 and 151, a show cause hearing was held on September 9, 2011. Attorney Frederick Carpenter, acting on behalf of the Chapter 7 Trustee, appeared at that hearing and stated that Livemercial’s principal Johnny Mathis had appeared at the § 341 meeting held on August 30, 2011 as required, and that the show cause should be deemed satisfied — which the court in fact ordered.
9) As Record No. 150, filed on August 30, 2011 (the same date as the § 341 meeting described above), the Trustee filed his Trustee’s Notice of Request for Turnover at § 341 Meeting. This document requested turnover to the Trustee of certain documents deemed to be necessary to the Trustee for administration of the case as a result of the § 341 meeting held on August 30, 2011.
10)At the § 341 meeting held on August 30, 2011, the Trustee extensively questioned Johnny Mathis concerning matters related to Livemercial. In order to establish the substance of the August 30, 2011 § 341 meeting, the court requested the Trustee to file a transcript of the tape recording of that meeting transmitted to the office of the United States Trustee. In the memorandum filed by the Trustee as Record No. 31 on July 29, 2013, the Trustee attached a transcription done by his office with respect to that meeting. In that memorandum, the Trustee stated that the attached transcript was created by the staff of his office immediately following the August 30, 2011, § 341 meeting based upon the recording created at that meeting. The Trustee also stated that the recorded tape of that meeting had been damaged in the mail between the Chapter 7 Trustee’s Office and the office of the United States Trustee, and was therefore unusable. The transcript of the August 30, 2011 meeting filed by the Trustee includes the following statement very near to the conclusion of the meeting:
Trustee Freeland: “I have no further questions. I think I’ll just hold this open, until I get those documents [referenced immediately above this entry in the transcript] and if I need anything after that, it’s fine — if not I’ll just close it at the 341 that I get it at. (emphasis supplied).
11) Various proceedings concerning the Trustee’s motions for turnover, and show cause hearings with respect to those motions, took place subsequent to August 30, 2011: Record Nos. 158 (Trustee’s motion for turnover filed on January 31, 2012); 160 (the court’s February 27, 2012 order granting the Record No. 158 motion); 162 (the Trustee’s motion for a show cause hearing concerning the Record No. 160 order); 163 (the court’s June 8, 2012 order setting a hearing on the Record No. 162 motion); 165 (hearing on the Record No. 162 motion, and resetting the hearing); and 167 (the docket entry concerning the August 10, 2012 hearing).
12) On August 15, 2012, the hearing set by Record No. 165 was held, which resulted in the determination by the Court as stated in Record No. 167 that the debtor had satisfied the Trustee’s Motion for Turnover and that the Show Cause had been satisfied.
13) As the Record Entry between Record entries No. 171 and 172 — on October 9, 2012 — the Trustee filed a document which generated the Record Entry of: “Statement Adjourning Meeting of Creditors, as of 12128/11 ” (italics in original entry). In his legal memorandum, the Trustee states that this document was filed when it was brought to his attention by the United States Trustee that the § 341 meeting in Case No. 10-20051 had never been closed on the record.
At a hearing held on February 7, 2014, attorneys Galanos (on behalf of the defendants) and Carpenter (on behalf of the plaintiff) agreed that the foregoing record is accurate and complete as to the actual proceedings in relation to the § 341 meeting of Livemercial.
The provisions of 11 U.S.C. § 546(a)(2) are not applicable in this case, because the case has not been closed or dismissed. As will be addressed below, the timeliness of Adversary Proceeding No. 12-2168 depends upon the provisions of 11 U.S.C. § 546(a)(1). Under the circumstances of this case, that provision provides that the complaint filing deadline is the later date in relation to “two years after the entry of the order for relief’ and “one year after the appointment or election of the first Trustee under § 702”.
The two year period provided by 11 U.S.C. § 546(a)(1)(A) expired on January 11, 2012. Upon the conversion of the Chapter 11 case to a case under Chapter 7 on February 23, 2011, Daniel L. Freeland was appointed as the interim Trustee in the Chapter 7 Case. As stated in Record No. 124, the initial § 341 meeting of creditors in the Chapter 7 case was scheduled for March 18, 2011. The time line stated previously in this memorandum states the course of proceedings in relation to the continuances of the § 341 meeting. Based upon that time line, the § 341 meeting was not concluded on August 30, 2011. Based upon the Record Entry between Record entries No. 171 and 172, entered on October 9, 2012, the § 341 meeting was adjourned — not concluded — as of December 28, 2011. As of January 11, 2012, the § 341 meeting had not been concluded.
A critical issue under 11 U.S.C. § 546(1)(B) is when Freeland became the permanent, as contrasted to the interim, Trustee in Livemercial’s Chapter 7 case. 11 U.S.C. § 702(b)-(d) state:
(b) At the meeting of creditors held under section 341 of this title, creditors may elect one person to serve as trustee in the case if election of a trustee is requested by creditors that may vote under subsection (a) of this section, and that hold at least 20 percent in amount of the claims specified in subsection (a)(1) of this section that are held by creditors that may vote under subsection (a) of this section.
(c) A candidate for trustee is elected trustee if—
(1) creditors holding at least 20 percent in amount of the claims of a kind specified in subsection (a)(1) of this section that are held by creditors that may vote under subsection (a) of this section vote; and
(2) such candidate receives the votes of creditors holding a majority in amount of claims specified in subsection (a)(1) of this section that are held by creditors that vote for a trustee.
(d) If a trustee is not elected under this section, then the interim trustee shall serve as trustee in the case.
In the context of 11 U.S.C. § 546(a)(1), the issue distills down to when the Trustee was appointed or elected as a permanent Trustee in this case under 11 U.S.C. § 702. In turn, that issue concerns the application of 11 U.S.C. § 702(d) as to when Freeland ceased being an interim Trustee, so as to become the “permanent” Trustee. This inquiry, in turn, depends upon when the ability of creditors to elect a “permanent” Trustee ended under 11 U.S.C. § 702 — as long as creditors were able to elect a “permanent” Trustee, an interim Trustee is not deemed to be a “permanent” Trustee. The record leads to only one conclusion: the § 341 meeting was adjourned generally as of December 28, 2011. Resultantly, Freeland had not been deemed to be the permanent Trustee as of December 28, 2011, or actually at any specific date stated affirmatively in the record.
The timeliness of the filing of the amended complaint under 11 U.S.C. § 546(a)(1) is controlled by In re Drai-man, 714 F.3d 462 (7th Cir.2013). In that case, the debtor’s case was initiated as a voluntary Chapter 11 case on May 14, 2009, and was converted to a Chapter 7 case on May 13, 2011 — one day before the expiration of the two year period stated in 11 U.S.C. § 546(a)(1)(A). Obviously, a permanent trustee was not appointed within that two year period. Draiman determined that the one year extension period stated in 11 U.S.C. § 546(a)(1)(B) applies only in a circumstance in which a permanent trustee is appointed within the two year period under 11 U.S.C. § 546(a)(1)(A). As applied to the instant case, Freeland did not become the permanent trustee within that two year period, and thus the amended complaint is untimely under the specific time frames of 11 U.S.C. § 546(a)(1). .
But that is not the end of the inquiry. In re Draiman holds that the doctrine of equitable estoppel may be applied in appropriate circumstances to toll the 11 U.S.C. § 546(a)(1)(A) limitation period, an assertion made by the Trustee in his memorandum. As stated in Draiman:
Furthermore, the statute of limitations in 11 U.S.C. § 546(a) is subject to equitable tolling. See, e.g., Jackson v. Astrue, 506 F.3d 1349, 1354-55 (11th Cir.2007); In re Pug [Pugh ], 158 F.3d 530, 537 (11th Cir.1998); In re M & L Business Machine Co., 75 F.3d 586, 591 (10th Cir.1996); In re United Insurance Management, Inc., 14 F.3d 1380, 1384-85 (9th Cir.1994); cf. Bailey v. Glover, 88 U.S. (21 Wall.) 342, 345-50, 22 L.Ed. 636 (1874). If without any laxity or other fault the creditors can’t procure the appointment of a permanent trustee within the statutory deadline, the doctrine of equitable tolling would permit an extension. Thus the statute can be read as written without prejudice to the rights of the legitimate creditors of a Chapter 11 bankrupt. 714 F.3d 462, 466.
(emphasis supplied).
The emphasized language establishes a very expansive application of the doctrine of equitable tolling to 11 U.S.C. § 346(a)(1), one which allows a Chapter 7 trustee in a case converted from Chapter 11 to undertake an effective investigation concerning possible recovery or avoidance actions without running afoul of 11 U.S.C. § 346(a)(1)(A).
The cases cited by Draiman address the general parameters of the principle of equitable tolling. In In re M & L Business Machine Co., 75 F.3d 586, 591 (10th Cir.1996), the following is stated:
Section 546(a) is subject to the doctrine of equitable tolling. See id. at 1385 (noting that every court that has considered this issue has held that equitable tolling applies to § 54.6(a)(1)). Equitable tolling will prevent § 546(a) from running when the trustee, despite the exercise of due diligence, is prevented from asserting a cause of action because she remains unaware of that cause of action due to fraud, id., or when “extraordinary circumstances beyond plaintiff[’s] control made it impossible to file claims on time,” Amazing Enters. v. Join (In re M & L Business Machs., Inc.), 153 B.R. 308, 311 (D.Colo.1993) (quotation omitted) (equitable tolling available while trustee appealed decision that she lacked standing to assert avoidance proceeding; initiation of avoidance action under those circumstances would have been waste of time). In this case, the trustee has specifically alleged that her investigation into the bankruptcy estate and any possible avoidance actions was severely hampered by debtor’s misrepresentation of its assets and debts on its bankruptcy petition schedules, concealment of pertinent documents, and destruction of relevant records. The trustee further asserts that she was, for a period of time, unable to obtain key records which had been seized by the Justice Department in connection with criminal charges filed against debtor’s principals.
In In re United Insurance Management, Inc., 14 F.3d 1380, 1384-85 (9th Cir.1994), the following was held:
Under the equitable tolling doctrine, where a party “remains in ignorance of [a wrong] without any fault or want of diligence or care on his part, the bar of the statute does not begin to run until the fraud is discovered, though there be no special circumstances or efforts on the part of the party committing the fraud to conceal it from the knowledge of the other party.” Lampf, Pleva, Lipkind, Prupis & Petigrow v. Gilbertson, 501 U.S. 350, 111 S.Ct. 2773, 115 L.Ed.2d 321 (1991) (internal quotation omitted). As a general rule, “[t]his equitable doctrine is read into every federal statute of limitation.” Holmberg v. Armbrecht, 327 U.S. 392, 397, 66 S.Ct. 582, 585, 90 L.Ed. 743 (1945).
Every court that has considered the issue has held that equitable tolling applies to § 546(a)(1). See Amazing Enters. v. Jobin (In re M & L Business Machs., Inc.), 153 B.R. 308, 311 (D.Colo. 1993); White v. Boston (In re White), 104 B.R. 951, 956-58 (S.D.Ind.1989); Steege v. Lyons (In re Lyons), 130 B.R. 272, 279-81 (Bankr.N.D.Ill.1991); McGoldrick v. McGoldrick (In re McGoldrick), 117 B.R. 554, 557-59 (Bankr.C.D.Cal.1990); McColley v. Rosenberg (In re Candor Diamond Corp.), 76 B.R. 342, 350-51 (Bankr. S.D.N.Y.1987); Martin v. Butcher (In re Butcher), 72 B.R. 247, 249-51 (Bankr. E.D.Tenn.1987); Metzeler v. Bouchard Transp. Co. (In re Metzeler), 66 B.R. 977, 980-82 (Bankr.S.D.N.Y.1986).
These cases follow the seminal decision of Bailey v. Glover, 88 U.S. (21 Wall.) 342, 22 L.Ed. 636 (1875), in which the Supreme Court held that a bankruptcy-trustee could pursue a fraudulent transfer action after expiration of the two-year limitations period in the Bankruptcy Act of 1867 because the trustee lacked knowledge of the cause of action before the period expired. Id. at 349-50.
The granddaddy of equitable tolling is Bailey v. Glover, 88 U.S.(21 Wall) 342, 22 L.Ed. 636 (1874). Following up on the principles of that decision, in Holmberg v. Armbrecht, 327 U.S. 392, 396-97, 66 S.Ct. 582, 90 L.Ed. 743 (1946), the United States Supreme Court stated:
Traditionally and for good reasons, statutes of limitation are not controlling measures of equitable relief. Such statutes have been drawn upon by equity solely for the light they may shed in determining that which is decisive for the chancellor’s intervention, namely, whether the plaintiff has inexcusably slept on his rights so as to make a decree against the defendant unfair. See Russell v. Todd, supra, 309 U.S. [280] at page 289, 60 S.Ct. [527] at page 532, 84 L.Ed. 754 [(1940)]. ‘There must be conscience, good faith, and reasonable diligence, to call into action the powers of the court.’ McKnight v. Taylor, [42 U.S. 161] 1 How. 161, 168, 11 L.Ed. 86 [ (1900) ]. A federal court may not be bound by a State statute of limitation and yet that court may dismiss a suit where the plaintiffs’ ‘lack of diligence is wholly unexcused; and both the nature of the claim and the situation of the parties was such as to call for diligence.’ Benedict v. City of New York, 250 U.S. 321, 328, 39 S.Ct. 476, 478, 63 L.Ed. 1005 [ (1919) ]. A suit in equity may fail though ‘not barred by the act of limitations.’ McKnight v. Taylor, supra; Alsop v. Riker, 155 U.S. 448, 15 S.Ct. 162, 39 L.Ed. 218 [ (1894) ].
Equity eschews mechanical rules; it depends on flexibility. Equity has acted on the principle that ‘laches is not, like limitation, a mere matter of time; but principally a question of the inequity of permitting the claim to be enforced, — an inequity founded upon some change in the condition or relations of the property or the parties.’ Galliher v. Cadwell, 145 U.S. 368, 373, 12 S.Ct. 873, 875, 36 L.Ed. 738 [ (1892) ]; see Southern facific [Pacific] Co. v. Bogert, 250 U.S. 483, 488, 489, 39 S.Ct. 533, 535, 536, 63 L.Ed. 1099 [ (1919) ]. And so, a suit in equity may lie though a comparable cause of action at law would be barred. If want of due diligence by the plaintiff may make it unfair to pursue the defendant, fraudulent conduct on the part of the defendant may have prevented the plaintiff from being diligent and may make it unfair to bar appeal to equity because of mere lapse of time.
Equity will not lend itself to such fraud and historically has relieved from it. It bars a defendant from setting up such a fraudulent defense, as it interposes against other forms of fraud. And so this Court long ago adopted as its own the old chancery rule that where a plaintiff has been injured by fraud and ‘remains in ignorance of it without any fault or want of diligence or care on his part, the bar of the statute does not begin to run until the fraud is discovered, though there be no special circumstances or efforts on the part of the party committing the fraud to conceal it from the knowledge of the other party.’ Bailey v. Glover, 21 Wall. 342, 348, 22 L.Ed. 636; and see Exploration Co. v. United States, 247 U.S. 435, 38 S.Ct. 571, 62 L.Ed. 1200 [ (1918) ]; Sherwood v. Sutton, Fed.Cas.No. 12,782, 5 Mason 143.
This equitable doctrine is read into every federal statute of limitation. If the Federal Farm Loan Act had an explicit statute of limitation for bringing suit under s 16, the time would not have begun to run until after petitioners had discovered, or had failed in reasonable diligence to discover, the alleged deception by Bache which is the basis of this suit. Bailey v. Glover, supra; Exploration Co. v. United States, supra; United States v. Diamond Coal Co., 255 U.S. 323, 333, 41 S.Ct. 335, 337, 65 L.Ed. 660 [ (1921) ]. It would be too incongruous to confine a federal right within the bare terms of a State statute of limitation unrelieved by the settled federal equitable doctrine as to fraud, when even a federal statute in the same terms would be given the mitigating construction required by that doctrine.
The foregoing cases — especially coupled with the emphasized sentence cited above from Draiman — make it clear that equitable tolling does not depend on an act of fraud, or negligent action, by a party against whom an action is asserted. Rather, in the context of 11 U.S.C. § 546(a)(1), the invocation of the doctrine requires diligence by the trustee coupled with circumstances which hampered or precluded the trustee’s obtaining information or documentation necessary to determine whether a recovery or an avoidance action can be asserted in accord with the requirements of Fed.R.Bankr.P 9011, followed by relatively prompt action to file an action.
The transcript of the section 341 conducted by the Trustee on August 30, 2011 discloses that the Trustee questioned Johnny Mathis extensively about the transaction involving the alleged $990,000.00 transaction, but that Mathis did not provide clear answers as to that transaction. A list of 10 documentary requests was complied at that meeting, some potentially significant in relation to the transaction. The following is the course of proceedings before the court by which the Trustee sought to complete his investigation.
1. The record number 158 Motion for Turnover, which states:
MOTION FOR TURNOVER
Comes now Daniel L. Freeland. Trustee, and files his Motion for Turnover and in support thereof states:
1. That Debtor filed a Chapter 7 Bankruptcy Petition on 01/11/10 and Daniel L. Freeland is the duly appointed Trustee in bankruptcy in this matter.
2. That the Trustee is seeking turnover of the following documents from Debtor:
a. 2009 Federal and State tax returns with all attachments
b. General ledger(s), Balance Sheet(s) and/or income statements from 1/1/09 to current time
c. Any financial statements issued since 111/09
d. Account Number and Password for e*Trade account
e. Insurance policy on aircraft engines
f. PNC loan documents
g. All documents regarding any transfer of cash or other property to J. Mathas
h. Complete account number for closed account(s)
I. Mailing address for Greg Miracle
3. That the above requested items are property of the Estate and subject to turnover under 11 U.S.C. Section 542 and/or Section 543.
WHEREFORE, the Trustee prays for an Order from this Court requiring the Debtor to turnover to the Trustee the above mentioned documentation, and for all other just and proper relief.
2. The court’s record number 160 order on the number 158 motion, which states:
ORDER
This cause came to be heard on the Trustee’s Motion for Turnover, all as contained in said Motion:
The Court, being duly advised in the premises, and finding that notice has been given to all parties in interest and no objections have been filed, does now GRAND said Motion.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Debtor, LIVEMERCIAL AVIATION HOLDING, L.C.C., turnover 2009 Federal and State tax returns with all attachments, general ledgers), balance sheet(s) and/or income statements from 1/1/09 to current time, any financial statements issued since 1/1/09, account number and password for e*Trade account, insurance policy on aircraft engines, PNC loan documents, all documents regarding any transfers of cash or other property to J. Mathas, complete account number for closed account(s). Mailing address for Greg Miracle, on or before 30 days from the date of this Order.
SO ORDERED this 27th day of February, 2012.
3. The Trustee’s record number 162 Verified Motion For Order To Show Cause, which states:
VERIFIED MOTION FOR ORDER TO SHOW CAUSE
Comes now Daniel L. Freeland, Trustee, and moves the Court to issue an order requiring the principal of the Debtor, Johnny Mathis, to show cause why he should not be held in civil contempt for disobedience of this Court’s Order of February 27, 2012, requiring the Debtor to produce documents to the Trustee, and in support thereof, would show the Court as follows:
1. That the Trustee filed a Motion for Turnover requiring the Debtor to produce numerous documents regarding the assets and financial history of the Debtor.
2. That an Order was entered by the Bankruptcy Court on February 27, 2012, which ordered the Debtor to produce said documents.
3. That the Debtor failed to produce said documents, and that by reason of its failure and refusal to comply with this Court’s Order, it should be punished for its contemptuous conduct.
WHEREFORE, Trustee prays that the Court issue an order to show cause requiring the principal of the Debtor, Johnny Mathis, to show cause why he should not be held in contempt of this Court for disobedience of this Court’s Order of February 27, 2012, and for all other orders deemed necessary under the circumstances.
4. The court’s record number 163 order in response to the number 162 motion, which states:
ORDER FOR HEARING/ORDER TO APPEAR
On May 30, 2012, the Chapter 7 Trustee filed (as record # 162) a “Verified Motion for Order to Show Cause”, requesting the court enter an order requiring the debtor’s principal, Johnny Mathis, to show cause why he should not be held in contempt for failure to comply with the court’s order entered on February 27, 2012 as record # 160, which required the debtor to turnover certain documentation to the Trustee. Although perhaps implicit, that order did not specifically direct Johnny Mathis to comply -with the order. However, Johnny Mathis is in fact the principal of the debtor corporation.
IT IS ORDERED as follows:
1. A hearing will be held on July 6, 2012, at 9:00 A.M. to address the record # 162 verified motion for order to show cause.
2. Johnny Mathis shall personally appear at the foregoing hearing to address the manner in which the debt- or, through him, will comply with the court’s record # 160 order.
Dated at Hammond, Indiana on June 8, 2012.
5. The record number 165 docket entry concerning the July 6, 2012 hearing, which states:
Docket Entry as to hearing held 7/6/12 (related document(s)160 Order on Motion for Turnover of Property 162 Motion for Contempt filed by Daniel L. Freeland. APPEARANCES: Atty. Galanos appears on behalf of debtor, Johnny Mathis appears, and Atty. Carpenter appears on behalf of the Trustee. The parties address compliance with the record # 160 turnover order, including Mr. Mathis’ explanation of difficulties retrieving files from a software program. The hearing is continued to review compliance. The foregoing matter is hereby continued to August 10, 2012, at 9:00 a.m. SO ORDERED.
6. The court’s record number 167 docket entry concerning the August 10, 2012 hearing, which states:
Docket Entry: Hearing held on 8/10/12 RE:(related document(s) 162 Motion for Contempt filed by Daniel L. Freeland. APPEARANCES: Johnny Mathis and Atty. Galanos on behalf of Debtor. The debtor has complied with the trustee’s motion for turnover; matter thus resolved — order to show cause satisfied.
The foregoing record amply demonstrates the diligent efforts employed by the Trustee to obtain information and documentation (first requested at the August 30, 2011, § 341 meeting) — a significant portion of which is material to the issues raised in the adversary proceeding, and was necessary to the Trustee to obtain to investigate the transaction which is the subject of this case. As the Record Nos. 166 and 167 docket entries evidence, this course was completed by the Trustee sometime after July 6, 2012 and before August 10, 2012. The complaint in this adversary proceeding was filed on August 31, 2012.
In order to apply the doctrine of equitable tolling, it need not be demonstrated that any failure to disclose documents or information was the result of some form of fraudulent conduct, and the court does not find that there was fraudulent failure to disclose information to the Trustee. What is made abundantly clear by the record — particularly the transcript of the August 30, 2011, § 341 meeting — is that Johnny Mathis was for all intents and purposes the Debtor Livemercial, and that he was for all intents and purposes a number of other entities with respect to which the Trustee conducted investigation, including the Defendant CPA Warehouse. The Trustee’s inability, despite due diligence, to obtain information/documentation highly material to the core of this case— for whatever reason caused Mathis’ inability or failure to promptly produce or provide it — amply supports the application of the doctrine of equitable tolling to this case in order to extend the limitation period of 11 U.S.C. § 546(a)(1)(A), with respect to both Mathis and CPA Warehouse. The filing of the complaint on August 31, 2012, is within this expanded period, and thus was timely.
For the reasons addressed above, the court determines that the motion to dismiss is denied with respect to its assertions of untimeliness under 11 U.S.C. § 546(a)(1).
IT IS ORDERED that the motion to dismiss filed by the defendants Johnny Mathis and CPA Warehouse on October 14, 2012, is denied.
. The aggregation of all grounds in this one final composite order necessarily results in redundancies with prior orders which partially determined certain issues.
. In their filings in support of their motion to dismiss, CPA and Mathis assert that there is nothing which establishes Freeland’s appointment as an interim trustee. That is inaccurate. In the United States Bankruptcy Court for the Northern District of Indiana, the des-ignalion of the interim trustee in a Chapter 7 case is made in the initial notice to creditors concerning the § 341 meeting and other matters noticed to creditors at the initiation of the case. Freeland was appointed as the interim trustee by the Record No. 124 document.
. Ideally, the tape recording of the August 30, 2011 § 341 meeting transmitted to the United States Trustee's office would have served as the basis for establishing the proceedings at that meeting. The court determines that the transcription attached to the Record No. 31 filing is accurate, and that it evidences a general continuance of the August 31, 2011 § 341 meeting to an undesignated date and time.
. These matters will be addressed in more detail infra.
. Implicated in this inquiry is Fed.R.Bankr.P. 2003(e), and case law which has developed under that Rule as to when a Section 341 meeting is actually concluded. In the context of Fed.R.Bankr.P.2003(e), an issue is when the present version of that Rule became effective and applicable to cases, particularly in the context of the “presiding official” filing a “statement specifying the date and time to which the meeting is adjourned.” In this context, the United States Supreme Court's order of April 26, 2011 [See introductory notes preceding Rule 1001 in the 2012 of Bankruptcy Code, Rules and Forms by West Publishing Company ] provides that the amendments to Fed.R.Bankr.P.2003 took effect on December 1, 2011, and “shall govern in all proceedings in bankruptcy cases thereafter commenced and, insofar as just and practicable, all proceedings then pending." First, the court determines that it is not "just and practicable” to apply the amended rule to this case. Moreover, any issue concerning which version of Rule 2003(e) may be applicable is not material to any issue in this case, as the record conclusively demonstrates that the meeting was in fact adjourned to an unspecified date after the latest date within the 2 year period stated in 11 U.S.C. § 546(a)(1)(A).
. Because the record is conclusive as to the § 341 not being concluded within the time frame of 11 U.S.C. § 546(a)(1)(A), it is unnecessary to address whether the original version of Fed.R.Bankr.P.2003(e) is to be construed pursuant to one of the three lines of case authority discussed in In re Dutkiewicz, 408 B.R. 103 (6th Cir.BAP, 2009).
. Mathis is/was the principal of both the debt- or Livemercial and of the defendant CPA Warehouse.
. Based upon the record, including the proceedings at the August 30, 2011, § 341 meeting and the adjournment of the December 28, 2011 meeting, the court determines that the § 341 meeting of Livemercial was concluded when the Trustee received the documents/ information originally requested at the August 30, 2011, meeting. This resolution was stated on the record at the August 10, 2012 hearing, memorialized by record entry number 167. The court thus concludes that Daniel L. Free-land became the permanent trustee in case number 10-20051 on August 10, 2012. To the extent necessary to do so, the court adopts the "totality of circumstances” test as discussed in In re Dutkiewicz, 408 B.R. 103 (6th Cir.BAP 2009) to arrive at this determination. A separate order in this regard will be entered.
. A preliminary pretrial conference will be scheduled by separate order.
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CASELAW
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Brian Raabe
Brian Charles Raabe (born November 5, 1967) is an American former Major League Baseball infielder who played for the Minnesota Twins (–), Seattle Mariners, and Colorado Rockies (1997).
Amateur career
A native of New Ulm, Minnesota, Raabe attended New Ulm High School and the University of Minnesota. In 1989, he played collegiate summer baseball with the Wareham Gatemen of the Cape Cod Baseball League and was named a league all-star.
Professional career
Raabe was selected by the Minnesota Twins in the 41st round of the 1990 MLB Draft. He made his major league debut for Minnesota in 1995, and also played for the club the following season. Raabe was released by Minnesota after the 1996 season and signed as a free agent with the Seattle Mariners. The Mariners traded Raabe to the Colorado Rockies late in the 1997 season.
Following the 1997 season, Raabe was purchased from Colorado by the Seibu Lions of the Japan Pacific League. He played 37 games for them in 1998, mostly at second base.
Coaching career
Raabe was the head baseball coach at Forest Lake Area High School from 2001 to 2011. He is currently the head baseball coach at Bethel University in St. Paul, Minnesota.
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WIKI
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Talk:DAB ensemble
How many stations in an Ensemble?
What's the typical number? That ought to be added to the article. - Theaveng 20:23, 26 September 2007 (UTC)
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WIKI
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Thread:Comments:Italians facing Indian fishermen murder charges/Image of the ship Enrica Lexie
Image of the ship is here. You can add to article Enrica Lexie
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WIKI
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What Does ErP Ready Mean in BIOS?
You have bought a new computer and found something saying “ErP Ready” in the bios. What does that mean, and should you care?
ErP stands for energy-using Product and is regulated by the European Union to ensure all systems sold within their borders meet a certain power consumption standard.
But what does that mean to an average consumer?
Quite simply, ErP Ready or ErP is a BIOS power management feature that allows your computer to enter a low-power state when not in use, saving you both energy and money. When the ErP mode is on, your computer will automatically power down any unused devices and peripherals, such as your USB ports, optical drives, and more.
So, Should You Care about ErP Ready?
If you’re simply using your computer at home for basic tasks like browsing the web, checking email, and social media, then it probably doesn’t matter that much. However, if you’re looking to buy a new computer for your business/work and want to consume less power, then you’ll need to make sure the system is certified as ERP Ready.
Not only is it a great way to save money on your energy bill, but it’s also good for the environment. It also makes your computer run a bit cooler and may assist to last longer as there will be less wear and tear on the internal components.
How to Enable ErP Mode?
To enable the ErP mode in bios, look for an option called something like “ErP Ready Mode” or “EuP Mode.” Simply enable the feature and save your changes. That’s all there is to it!
Computers that have been certified as ERP Ready will usually include an ErP logo on the case or somewhere on the device. However, just because a computer system is not labeled as ErP Ready doesn’t mean it won’t work with the technology. In fact, most computers these days are compliant with the ErP standard.
Some computers may have ErP but it may not be listed in the bios. But it will be in action when the device is in sleep mode, hibernate mode, or shut down mode.
Advantages of ErP Ready
Here are some of the benefits you can expect to see when using a computer that is ErP Ready:
• Saves energy and reduces your electricity bill a bit.
• Reduces environmental impact by using less energy.
• Keeps your computer running cooler.
• May extend the lifespan of your computer.
Disadvantages of ErP Ready
Some of the disadvantages of using a computer that is ErP Ready include:
• May not save you as much money on your energy bill as you thought
• Can be more costly than computers without the feature
• Some devices may not work when the ErP mode is enabled.
• You cannot use any USB device when the ErP mode is on.
• LAN signal will be unavailable when the ErP mode is on.
Conclusion
So, there you have it! Everything you need to know about ErP Ready and whether or not it’s right for you. If you’re looking to save a few bucks on your energy bill, then go ahead and enable the ErP mode in bios. Although it may interrupt your experience a bit if you use a lot of USB devices, it’s still a great way to be more environmentally conscious and prolong the life of your computer.
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ESSENTIALAI-STEM
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Page:Wayside and Woodland Blossoms.djvu/163
76.
This species is very similar in structure and habit to the Marsh Orchis, but the tubers are more cylindrical in shape, the radical leaves almost always restricted to two, the flower-spike lax. Flowers white with a greenish tinge, the labellum and spur very long: fragrant. The stigma two-lobed. Fertilized by moths. Occurs in meadows, hill-sides and woods, flowering from June to August.
. In the genus Ophrys we have three species whose flowers bear quite startling likeness to a bee, spider and fly respectively. What is the purpose of this counterfeit presentment it is difficult to conjecture. It has been suggested that it might be to warn off or deceive insects, as the flowers are self-fertilized, but Charles Darwin did not think this was the probable reason. There is no spur in this group, there is no rostellum, and the ovary is not twisted. The stalks (caudicles) of the pollinia are so long and thin that the weight of the pollen masses causes them to bend over and touch against the stigma, fertilizing it.
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WIKI
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The House of the Arrow/Chapter 11
ONSIEUR BEX the notary came out into the hall of his house when Frobisher sent his card in to him. He was a small, brisk man with a neat pointed beard, his hair cut en brosse and the corner of his napkin tucked into his neck between the flaps of his collar.
Jim explained that the seals were to be removed from the rooms of the Maison Grenelle, but said nothing at all of the new developments which had begun with the discovery of the book of the arrows.
"I have had communications with Messrs. Frobisher and Haslitt," the little man exclaimed. "Everything has been as correct as it could possibly be. I am happy to meet a partner of so distinguished a firm. Yes. I will certainly present myself at three with my keys and see the end of this miserable scandal. It has been a disgrace. That young lady so delicious and so correct! And that animal of a Waberski! But we can deal with him. We have laws in France."
He gave Jim the impression that there were in his opinion no laws anywhere else, and he bowed his visitor into the street.
Jim returned by the Rue des Godrans and the main thoroughfare of the town, the street of Liberty. As he crossed the semicircle of the Place d'Armes in front of the Hôtel de Ville, he almost ran into Hanaud smoking a cigar.
"You have lunched already?" he cried.
"An affair of a quarter of an hour," said Hanaud with a wave of the hand. "And you?"
"Not until two. Miss Harlowe wanted a walk."
Hanaud smiled.
"How I understand that! The first walk after an ordeal! The first walk of a convalescent after an operation! The first walk of a defendant found innocent of a grave charge! It must be worth taking, that walk. But console yourself, my friend, for the postponement of your luncheon. You have met me!" and he struck something of an attitude.
Now Jim had the gravest objection to anything theatrical, especially when displayed in public places, and he answered stiffly, "That is a pleasure, to be sure."
Hanaud grinned. To make Jim look "proper" was becoming to him an unfailing entertainment.
"Now I reward you," he said, though for what Jim could not imagine. "You shall come with me. At this hour, on the top of old Philippe le Bon's Terrace Tower, we shall have the world to ourselves."
He led the way into the great courtyard of the Hôtel de Ville. Behind the long wing which faced them, a square, solid tower rose a hundred and fifty feet high above the ground. With Frobisher at his heels, Hanaud climbed the three hundred and sixteen steps and emerged upon the roof into the blue and gold of a cloudless May in France. They looked eastwards, and the beauty of the scene took Frobisher's breath away. Just in front, the slender apse of Notre Dame, fine as a lady's ornament, set him wondering how in the world through all these centuries it had endured; and beyond, rich and green and wonderful, stretched the level plain with its shining streams and nestling villages.
Hanaud sat down upon a stone bench and stretched out his arm across the parapet. "Look!" he cried eagerly, proudly. "There is what I brought you here to see. Look!"
Jim looked and saw, and his face lit up. Far away on the horizon's edge, unearthly in its beauty, hung the great mass of Mont Blanc; white as silver, soft as velvet, and here and there sparkling with gold as though the flame of a fire leaped and sank.
"Oho!" said Hanaud as he watched Jim's face. "So we have that in common. You perhaps have stood on the top of that mountain?"
"Five times," Jim answered, with a smile made up of many memories. "I hope to do so again."
"You are fortunate," said Hanaud a little enviously. "For me I see him only in the distance. But even so—if I am troubled—it is like sitting silent in the company of a friend."
Jim Frobisher's mind strayed back over memories of snow slope and rock ridge. It was a true phrase which Hanaud had used. It expressed one of the many elusive, almost incommunicable emotions which mountains did mean to the people who had "that"—the passion for mountains—in common. Jim glanced curiously at Hanaud.
"You are troubled about this case, then?" he said sympathetically. The distant and exquisite vision of that soaring arc of silver and velvet set in the blue air had brought the two men into at all events a momentary brotherhood.
"Very," Hanaud returned slowly, without turning his eyes from the horizon, "and for more reasons than one. What do you yourself think of it?"
"I think, Monsieur Hanaud," Jim said dryly, "that you do not like anyone to ask any questions except yourself."
Hanaud laughed with an appreciation of the thrust.
"Yes, you wished to ask a question of the beautiful Mademoiselle Upcott. Tell me if I have guessed aright the question you meant to ask! It was whether the face she touched in the darkness was the smooth face of a woman or the face of a man."
"Yes. That was it."
It was now for Hanaud to glance curiously and quickly at Jim. There could be no doubt of the thought which was passing through his mind: "I must begin to give you a little special attention, my friend." But he was careful not to put his thoughts into words.
"I did not want that question asked," he said.
"Why?"
"Because it was unnecessary, and unnecessary questions are confusing things which had best be avoided altogether."
Jim did not believe one word of that explanation. He had too clear a recollection of the swift movement and the look with which Hanaud had checked him. Both had been unmistakably signs of alarm. Hanaud would not have been alarmed at the prospect of a question being asked, merely because the question was superfluous. There was another and, Jim was sure, a very compelling reason in Hanaud's mind. Only he could not discover it.
Besides, was the question superfluous?
"Surely," Hanaud replied. "Suppose that that young lady's hand had touched in the darkness the face of a man with its stubble, its tough skin, and the short hair of his head around it, bending down so low over hers, would not that have been the most vivid, terrifying thing to her in all the terrifying incident? Stretching out her hands carelessly above her head, she touches suddenly, unexpectedly, the face of a man? She could not have told her story at all without telling that. It would have been the unforgettable detail, the very heart of her terror. She touched the face of a man!"
Jim recognized that the reasoning was sound, but he was no nearer to the solution of his problem—why Hanaud so whole—heartedly objected to the question being asked. And then Hanaud made a quiet remark which drove it for a long time altogether out of Jim's speculations.
"Mademoiselle Ann touched the face of a woman in the darkness that night—if that night, in the darkness, she touched a face at all."
Jim was utterly startled.
"You believe that she was lying to us?" he cried.
Hanaud shook a protesting hand in the air.
"I believe nothing," he said. "I am looking for a criminal."
"Ann Upcott!" Jim spoke the name in amazement. "Ann Upcott!" Then he remembered the look of her as she had told her story, her face convulsed with terror, her shaking tones. "Oh, it's impossible that she was lying. Surely no one could have so mimicked fear?"
Hanaud laughed.
"You may take this from me, my friend. All women who are great criminals are also very artful actresses. I never knew one who wasn't."
"Ann Upcott!" Jim Frobisher once more exclaimed, but now with a trifle less of amazement. He was growing slowly and gradually accustomed to the idea. Still—that girl with the radiant look of young Spring! Oh, no!
"Ann Upcott was left nothing in Mrs. Harlowe's will," he argued. "What could she have to gain by murder?"
"Wait, my friend! Look carefully at her story! Analyse it. You will see—what? That it falls into two parts." Hanaud ground the stump of his cigar beneath his heel, offered one of his black cigarettes to Jim Frobisher and lighted one for himself. He lit it with a sulphur match which Jim thought would never stop fizzling, would never burst into flame.
"One part when she was alone in her bedroom—a little story of terror and acted very effectively, but after all anyone could invent it. The other part was not so easy to invent. The communicating door open for no reason, the light beyond, the voice that whispered, 'That will do,' the sound of the struggle! No, my friend, I don't believe that was invented. There were too many little details which seemed to have been lived through. The white face of the clock and the hour leaping at her. No! I think all that must stand. But adapt it a little. See! This morning Waberski told us a story of the street of Gambetta and of Jean Cladel."
"Yes," said Jim. "And I asked you afterwards whether Waberski might not be telling a true story of himself and attributing it to Mademoiselle Harlowe?"
"Yes."
"Well, then, interpret Ann Upcott's story in the same way," continued Hanaud. "Suppose that sometime that day she had unlocked the communicating door! What more easy? Madame Harlowe was up during the day-time. Her room was empty. And that communicating door opened not into Madame's bedroom, where perhaps it might have been discovered whether it was locked or not, but into a dressing—room."
"Yes," Jim agreed.
"Well then, continue! Ann Upcott is left alone after Mademoiselle Harlowe's departure to Monsieur de Pouillac's ball. She sends Gaston to bed. The house is all dark and asleep. Suppose then that she is joined by—some one—some one with the arrow poison all ready in the hypodermic needle. That they enter the treasure-room just as Ann Upcott described. That she turns on the light for a second whilst—some one—crosses the treasure-room and opens the door. Suppose that the voice which whispered, 'That will do now,' was the voice of Ann Upcott herself and that she whispered it across Madame Harlowe's body to the third person in that room!"
"The 'some one'," exclaimed Jim. "But, who then? Who?"
Hanaud shrugged his shoulders. "Why not Waberski?"
"Waberski?" cried Jim with a new excitement in his voice.
"You asked me what had Ann Upcott to gain by this murder and you answered your own question. Nothing, you said, Monsieur Frobisher, but did your quick answer cover the ground? Waberski at all events expected a fine fat legacy. What if he in return for help proposed to share that fine fat legacy with the exquisite Mademoiselle Ann? Has she no motive now? In the end what do we know of her at all except that she is the paid companion and therefore poor? Mademoiselle Ann!"; and he threw up his hands. "Where does she spring from? How did she come into that house? Was she perhaps Waberski's friend?"—and a cry from Jim brought Hanaud to a stop.
Jim had thought of Waberski as the possible murderer if murder had been done—a murderer who, disappointed of his legacy, the profits of his murder, had carried on his villainy to blackmail and a false accusation. But he had not associated Ann Upcott with him until those moments on the Terrace Tower. Yet now memories began to crowd upon him. The letter to him, for instance. She had said that Waberski had claimed her support and ridiculed his claim. Might that letter not have been a blind and a rather cunning blind? Above all there was a scene passing vividly through his mind which was very different from the scene spread out before his eyes, a scene of lighted rooms and a crowd about a long green table, and a fair slender girl seated at the table who lost and lost until the whole of her little pile of bank-notes was swept in by the croupier's rake, and then turned away with a high carriage but a quivering lip.
"Aha!" said Hanaud keenly. "You know something after all of Ann Upcott, my friend. What do you know?"
Jim hesitated. At one moment it did not seem fair to her that he should relate his story. Explained, it might wear so different a complexion. At another moment that it would be fairer to let her explain it. And there was Betty to consider. Yes, above all there was Betty to consider. He was in Dijon on her behalf.
"I will tell you," he said to Hanaud. "When I saw you in Paris, I told you that I had never seen Ann Upcott in all my life. I believed it. It wasn't until she danced into the library yesterday morning that I realized I had misled you. I saw Ann Upcott at the trente et quarante table at the Sporting Club in Monte Carlo in January of this year. I sat next to her. She was quite alone and losing her money. Nothing would go right for her. She bore herself proudly and well. The only sign I saw of distress was the tightening of her fingers about her little handbag, and a look of defiance thrown at the other players when she rose after her last coup, as though she dared them to pity her. I was on the other hand winning, and I slipped a thousand-franc note off the table on to the floor, keeping my heel firmly upon it as you can understand. And as the girl turned to move out from the crowd I stopped her. I said in English, for she was obviously of my race, 'This is yours. You have dropped it on the floor.' She gave me a smile and a little shake of the head. I think that for the moment she dared not trust her lips to speak, and in a second, of course, she was swallowed up in the crowd. I played for a little while longer. Then I too rose, and as I passed the entrance to the bar on my way to get my coat, this girl rose up from one of the many little tables and spoke to me. She called me by my name. She thanked me very prettily and said that although she had lost that evening she was not really in any trouble. I doubted the truth of what she said. For she had not one ring upon any finger, not the tiniest necklace about her throat, not one ornament upon her dress or in her hair. She turned away from me at once and went back to the little table where she sat down again in the company of a man. The girl, of course, was Ann Upcott, the man Waberski. It was from him no doubt that she had got my name."
"Did this little episode happen before Ann Upcott became a member of the household?" Hanaud asked.
"Yes," replied Jim. "I think she joined Mrs. Harlowe and Betty at Monte Carlo. I think that she came with them back to Dijon."
"No doubt," said Hanaud. He sat for a little while in silence. Then he said softly, "That does not look so very well for Mademoiselle Ann."
Jim had to admit that it did not.
"But consider this, Monsieur Hanaud," he urged. "If Ann Upcott, which I will not believe, is mixed up in this affair, why should she of her own free will volunteer this story of what she heard upon the night of the twenty-seventh and invent that face which bent down over her in the darkness?"
"I have an idea about that," Hanaud replied. "She told us this story—when? After I had said that we must have the seals broken this afternoon and the rooms thrown open. It is possible that we may come upon something in those rooms which makes it wise for her to divert suspicion upon some other woman in the house. Jeanne Baudin, or even Mademoiselle Harlowe's maid, Francine Rollard."
"But not Mademoiselle Betty," Jim interposed quickly.
"No, no!" Hanaud returned with a wave of his hand. "The clock upon the marquetry cabinet settled that. Mademoiselle Betty is out of the affair. Well, this afternoon we shall see. Meanwhile, my friend, you will be late for your luncheon."
Hanaud rose from the bench and with a last look at the magical mountain, that outpost of France, they turned towards the city.
Jim Frobisher looked down upon tiny squares green with limes and the steep gaily-patterned roofs of ancient houses. About him the fine tapering spires leapt high like lances from the slates of its many churches. A little to the south and a quarter of a mile away across the roof-tops he saw the long ridge of a big house and the smoke rising from a chimney-stack or two, and behind it the tops of tall trees which rippled and shook the sunlight from their leaves.
"The Maison Grenelle!" he said.
There was no answer, not even the slightest movement at his side.
"Isn't it?" he asked, and he turned.
Hanaud had not even heard him. He was gazing also towards the Maison Grenelle with the queerest look upon his face; a look with which Jim was familiar in some sort of association, but which for a moment or two he could not define. It was not an expression of amazement. On the other hand interest was too weak a word. Suddenly Jim Frobisher understood and comprehension brought with it a sense of discomfort. Hanaud's look, very bright and watchful and more than a little inhuman, was just the look of a good retriever dog when his master brings out a gun.
Jim looked again at the high ridge of the house. The slates were broken at intervals by little gabled windows, but at none of them could he see a figure. From none of them a signal was waved.
"What is it that you are looking at?" asked Jim in perplexity, and then with a touch of impatience, "You see something, I'm sure."
Hanaud heard his companion at last. His face changed in a moment, lost its rather savage vigilance, and became the face of a buffoon.
"Of course I see something. Always I see something. Am I not Hanaud? Ah, my friend, the responsibility of being Hanaud! Aren't you fortunate to be without it? Pity me! For the Hanauds must see something everywhere—even when there is nothing to see. Come!"
He bustled out of the sunlight on that high platform into the dark turret of the staircase. The two men descended the steps and came out again into the semicircle of the Place d'Armes.
"Well!" said Hanaud, and then "Yes," as though he had some little thing to say and was not quite sure whether he would say it. Then he compromised. "You shall take a Vermouth with me before you go to your luncheon," he said.
"I should be late if I did," Frobisher replied.
Hanaud waved the objection aside with a shake of his outstretched forefinger.
"You have plenty of time, Monsieur. You shall take a Vermouth with me, and you will still reach the Maison Grenelle before Mademoiselle Harlowe. I say that, Hanaud," he said superbly, and Jim laughed and consented.
"I shall plead your vanity as my excuse when I find her and Ann Upcott half through their meal."
A café stands at the corner of the street of Liberty and the Place d'Armes, with two or three little tables set out on the pavement beneath an awning. They sat down at one of them, and over the Vermouth, Hanaud was once more upon the brink of some recommendation or statement.
"You see" he began, and then once more ran away. "So you have been five times upon the top of the Mont Blanc," he said. "From Chamonix?"
"Once," Jim replied. "Once from the Col du Géant by the Brenva glacier. Once by the Dôme route. Once from the Brouillard glacier. And the last time by the Mont Mandit."
Hanaud listened with genuine friendliness and said:
"You tell me things which are interesting and very new to me," he said warmly. "I am grateful, Monsieur."
"On the other hand," Jim answered dryly, "you, Monsieur, tell me very little. Even what you brought me to this café to say, you are going to keep to yourself. But for my part I shall not be so churlish. I am going to tell you what I think."
"Yes?"
"I think we have missed the way."
"Oh?"
Hanaud selected a cigarette from his bundle in its bright blue wrapping.
"You will perhaps think me presumptuous in saying so."
"Not the least little bit in the world," Hanaud replied seriously. "We of the Police are liable in searching widely to overlook the truth under our noses. That is our danger. Another angle of view—there is nothing more precious. I am all attention."
Jim Frobisher drew his chair closer to the round table of iron and leaned his elbows upon it.
"I think there is one question in particular which we must answer if we are to discover whether Mrs. Harlowe was murdered, and if so by whom."
Hanaud nodded.
"I agree," he said slowly. "But I wonder whether we have the same question in our minds."
"It is a question which we have neglected. It is this— Who put back the Professor's treatise on Strophanthus in its place upon the bookshelf in the library, between midday yesterday and this morning?"
Hanaud struck another of his abominable matches, and held it in the shelter of his palm until the flame shone. He lit his cigarette and took a few puffs at it.
"No doubt that question is important," he admitted, although in rather an off-hand way. "But it is not mine. No. I think there is another more important still. I think if we could know why the door of the treasure-room, which had been locked since Simon Harlowe's death, was unlocked on the night of the twenty-seventh of April, we should be very near to the whole truth of this dark affair. But," and he flung out his hands, "that baffles me."
Jim left him sitting at the table and staring moodily upon the pavement, as if he hoped to read the answer there.
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WIKI
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Talk:মই
Assamese declension pronoun
@Aryaman Hi, can you make a declension pronoun table for Assamese? Sagir Ahmed Msa (talk) 16:52, 28 September 2017 (UTC)
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WIKI
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Sarah Anne Williams
Sarah Anne Williams is an American voice actress. She currently resides in Los Angeles. In anime, she is known for her performances as Nonon Jakuzure in Kill la Kill, Sayaka Miki in Puella Magi Madoka Magica, Lisbeth in Sword Art Online, Neferpitou in Hunter × Hunter, Felix Argyle in Re:Zero − Starting Life in Another World, Karin Miyoshi in Yuki Yuna is a Hero, Yuniko Kozuki in Accel World, E.M. Pino in Edens Zero, and Susamaru in Demon Slayer: Kimetsu no Yaiba. In video games, she voiced Jinx in League of Legends, Uni / Black Sister in the Hyperdimension Neptunia series, Echo in Mobius Final Fantasy, Jack Frost in Shin Megami Tensei IV: Apocalypse, Chihaya Mifune in Persona 5, Peacock in Skullgirls, and Mist in Fire Emblem Heroes.
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WIKI
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Wikipedia:Articles for deletion/Big 106.2
The result was Keep nomination withdrawn (non-admin closure) —Preceding unsigned comment added by Whpq (talk • contribs) 1:10, November 3, 2008
Big 106.2
* ( [ delete] ) – (View AfD) (View log)
Withdraw, although I still believe it would have been better to ha ve waited until the station was on air to start the article. Station may become notable in future, but currently this fails WP:CRYSTAL and is on the verge of being spam. Any currently available sources will most likely be press releases and hence not independent. dramatic (talk) 08:55, 30 October 2008 (UTC)
* Note: This debate has been included in the list of New Zealand-related deletion discussions. dramatic (talk) 08:55, 30 October 2008 (UTC)
* Delete. Only 6 Google hits, absolutley no notability. --Michig (talk) 09:17, 30 October 2008 (UTC)
* Keep, two NZ Herald articles specifically on this station already: BIG FM small fish in a large pool, Big name elbows on to the airwaves. XLerate (talk) 09:56, 30 October 2008 (UTC)
* Google doesn't find these for some reason - I guess this shows the limitations of relying on Google. If a second source of coverage is found, then that would be enough for a keep.--Michig (talk) 11:29, 30 October 2008 (UTC)
* Google doesn't find these for some reason - I guess this shows the limitations of relying on Google. If a second source of coverage is found, then that would be enough for a keep.--Michig (talk) 11:29, 30 October 2008 (UTC)
* Keep. Coverage by a major NZ media outlet satisfies notability. There's no rule that says we need to have a second source if the first source is reputable on its own. 23skidoo (talk) 14:14, 30 October 2008 (UTC)
* True, but to quote WP:N, "Multiple sources are generally preferred".--Michig (talk) 14:33, 30 October 2008 (UTC)
* Also true, but it says nothing about only a single source being grounds for considering deletion. What you cite is a "best case scenario" circumstance. 23skidoo (talk) 22:43, 30 October 2008 (UTC)
* Weak Keep The article itself seems to contain unsourced speculation. Is it Original Research? Seems to meet notability for NZ but needs better referencing or some of the unsourced parts removed for now. NZ forever (talk) 21:18, 30 October 2008 (UTC)
* Keep and expand. If they have been licensed by the government of New Zealand to broadcast on a dedicated FM radio frequency to the biggest population centre in the country, they inherently meet WP:V and WP:NOTE. --Gene_poole (talk) 22:45, 30 October 2008 (UTC)
* Keep the stations website at http://www.bigfm.co.nz now contains sufficient information about the station which has now launched in Auckland, have just updated article to reflect this. As more information becomes available we can expand on it. Bhowden (talk) 01:55, 1 November 2008 (UTC)
* Keep The article needs some work done to it such as expanding with the 2 news items listed above the AfD used as sources. Bidgee (talk) 05:41, 1 November 2008 (UTC)
* Note: This debate has been included in the list of Radio-related deletion discussions. -- Raven1977 (talk) 05:37, 2 November 2008 (UTC)
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WIKI
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User:GhostRiver/simms
Jonathan Michael Simms (1 June 1984 - 5 March 2011) was ...
Early life
Jonathan Michael Simms was born on 1 June 1984 to Don and Karen Simms.
Later life and death
Simms died on 5 March 2011 at the age of 26, almost 10 years after contracting vCJD. His death was the 71st attributed to vCJD in the United Kingdom.
Simms's funeral took place on 10 March at his family home in the Highfield region of Belfast. The service was conducted by Brian McMillan, a minister from the Ballygomartin Presbyterian Church. Simms was buried at Carnmoney Cemetery.
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WIKI
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Can I replace my Volvo battery?
Can I replace my Volvo battery?
How do I replace the battery in my volvo? A confident do-it-your-selfer can replace a vehicle battery. Start by checking your vehicle owner’s manual for the battery’s proper size and location.
Where is the battery on a 2002 Volvo s60?
The battery is located in the trunk, under the floor hatch, near to the spare wheel.
What type of battery does a Volvo S60 have?
AGM
The 12 V support battery is located in the engine compartment….Specifications for support battery.
Type AGM
Size, L×B×H 150×90×130 mm (5.9×3.5×5.1 inches)
Capacity (Ah) 10
What battery brand does Volvo use?
Volvo Car Group signs multi-billion dollar battery supply deals with CATL and LG Chem. Volvo Car Group has signed long-term agreements with leading battery makers CATL and LG Chem to ensure the multi-billion dollar supply of lithium ion batteries over the coming decade for next generation Volvo and Polestar models.
How do I reset my Volvo s60?
Press and hold the trip computer while turning your key to position two. The center arrow will flash red three times. On the third flash, you will let go and an alert will note that you just reset your service light.
Where is the battery located on Volvo S60?
Beneath the floor hatch, safely secured next to your car’s spare tire, is the Volvo S60 battery location. If you’re having problems with your remote start, you may need to get your battery checked out or replaced soon.
Where is the battery in a 2003 Volvo S60?
Where is the battery on a 2006 Volvo S60?
Beneath the floor hatch, safely secured next to your car’s spare tire, is the Volvo S60 battery location.
When to replace the battery in a Volvo S60?
Although some batteries last much longer, most batteries begin breaking down chemically after four years, so you could experience dimmer headlights and other negative effects before you have a dead battery in your S60 that you need to replace. Replacing the battery in your S60 involves removing the terminals.
How do I replace the battery in my S60 radio?
Replacing the battery in your S60 involves removing the terminals. When you reconnect the terminals, your radio presets are likely to be cleared out. In some S60s, you may need to re-enter a security code to get your radio to work again. Check for this code in your owners manual – it will usually be either a sticker or small card in the booklet.
How do I get my Volvo S60 radio to work again?
In some S60s, you may need to re-enter a security code to get your radio to work again. Check for this code in your owners manual – it will usually be either a sticker or small card in the booklet. If you can’t find it, call Volvo and they will give you the code for free.
How do I replace the battery in my car?
The specs for your new battery are: The battery is located in the right side of the engine bay, near the windscreen, under 2 covers: 1. Unclip the 4 retainers and pull the cover up. 2. Remove the rubber strip, half way to the middle of the car. 3. With a philips screw driver rotate the plastic screw 1/4 of a turn to the left.
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ESSENTIALAI-STEM
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Page:Some account of the town of Zanzibar.djvu/17
what are called by the natives, Wazungu, that is, strange, startling unaccountable folk, and they are our own European selves, from the half-caste Portuguese of Goa to the last American improvements. The standing population of the town may very probably be a hundred thousand, which is largely increased, when the northerly wind blows, by the traders and sailors from all parts of India and Arabia, many of whom come down, according to the immemorial course of trade, when the northerly wind blows, and wait till the southerly wind comes, in a few months, to blow them back again. I must not forget to mention those who have indirectly furnished us with part of our school and are called in Zanzibar Tende Halua, that is Dates and sweet stuff, from their habit of alluring with such dainties young slaves into their houses, whence they ship them off to Arabia. These men come from the Arabian shore of the Persian Gulf, and have been pirates from time immemorial, they bring a little salt fish and steal a return cargo. It was with one of their Dhows that the men of H.M.S. Wasp had so severe a fight some years since, and nine children from it are still in our schools at Zanzibar.
The lives of the people of Zanzibar are, for the most part, as monotonous as their climate. I was asking one man why he did nothing, and he said "Oh, I have no money to buy a slave." The very first idea is that if anything is to be done you must buy a slave to do it. Thus if a man comes into a little money in any way, he either spends it at once in drunkenness and dissipation, or, if he be prudent, buys a piece of land in the country, and then he buys a few slaves and settles them
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WIKI
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Near-IR Imaging of Hickson Compact Groups
Using the wide field IR camera (WIRC) at the Hale 5m telescope Vassilis Charmandaris, Sara Slater (CU '04) and Martha Haynes have begun a detailed infrared study of the properties of a large sample of groups of galaxies known as Hickson Compact Groups (HCG). The main goal of the project is to examine whether there is an excess of warm IRAS colors in HCG, and show how this may be related to the fact that the galaxies are interacting. We use WIRC to probe the old stellar population in the groups, and we rely on mid-IR imagery of the thermal emission obtained with the Infrared Space Observatory to trace their star formation activity.
Future observations with the Space Infrared Telescope Facility (SIRTF) will be used to greatly improve our knowledge on the star fomation properties of these groups, helping us to bridge the gap between the properties of galaxies in loose groups and those at the cores of galaxy clusters.
Related Publications (soon to come)
HCG47_JHK
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ESSENTIALAI-STEM
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Browser Language Detection and Redirection [en]
[fr] Une explication de la méthode que j'ai suivie pour que http://stephanie-booth.com redirige le visiteur soit vers la version anglaise du site, soit la française, en fonction des préférences linguistiques définies dans son navigateur.
**Update, 29.12.2007: scroll to the bottom of this post for a more straightforward solution, using Multiviews.**
I’ve been working on [stephanie-booth.com](http://stephanie-booth.com) today. One of my objectives is the add an [English version](http://stephanie-booth.com/en/) to the previously [French-only site](http://stephanie-booth.com/fr/).
I’m doing this by using two separate installations of WordPress. The content in both languages should be roughly equivalent, and I’ll write a WordPress plugin which allows to “automate” the process of linking back and forth from equivalent content in different languages.
What I did today is solve a problem I’ve been wanting to attack for some time now: use people’s browser settings to direct them to the “correct” language for the site. Here is what I learnt in the process, and how I did it. It’s certainly not the most elegant way to do things, so let me know if you have a better solution by using the comments below.
First, what I needed to know was that the browser language preferences are sent in the HTTP_ACCEPT_LANGUAGE header (HTTP header). First, I thought of [capturing the information through PHP](http://www.webdeveloper.com/forum/showpost.php?s=d989341270ceae8820a3bc1c6273dc9e&p=217863&postcount=2), but I discovered that Apache (logical, if you think of it) could handle it directly.
[This tutorial was useful in getting me started](http://www.ibm.com/developerworks/library/wa-apac.html), though I think it references an older version of Apache. Out of the horses mouth, [Apache content negotiation](http://httpd.apache.org/docs/2.0/content-negotiation.html) had the final information I needed.
I’ll first explain the brief attempt I did with Multiviews (because it can come in handy) before going through the setup I currently have.
### Multiviews
In this example, you request a file, e.g. test.html which doesn’t physically exist, and Apache uses either test.html.en or test.html.fr depending on your language preferences. You’ll still see test.html in your browser bar, though.
To do this, add the line:
Options +Multiviews
to your .htaccess file. Create the files test.html.en and test.html.fr with sample text (“English” and “French” will do if you’re just trying it out).
Then, request the file test.html in your browser. You should see the test content of the file corresponding to your language settings appear. Change your browser language prefs and reload to see what happens.
This is pretty neat, but it forces you to open a file — and I wanted / to redirect either to /en/ or to /fr/.
It’s explained pretty well in [this tutorial I already linked to](http://www.ibm.com/developerworks/library/wa-apac.html), and [this page has some useful information](http://unix.org.ua/orelly/linux/apache/ch06_03.htm) too.
### Type maps
I used a type map and some PHP redirection magic to achieve my aim. A type map is not limited to languages, but this is what we’re going to use it for here. It’s a text file which you can name menu.var for example. In that case, you need to add the following line to your .htaccess so that the file is dealth with as a type map:
AddHandler type-map .var
Here is the content of my type-map, which I named menu.var:
URI: en.php
Content-Type: text/html
Content-Language: en, en-us, en-gb
URI: fr.php
Content-Type: text/html
Content-Language: fr, fr-ch, fr-qc
Based on my tests, I concluded that the value for URI in the type map cannot be a directory, so I used a little workaround. This means that if you load menu.var in the browser, Apache will serve either en.php or fr.php depending on the content-language the browser accepts, and these two PHP files redirect to the correct URL of the localized sites. Here is what en.php looks like:
And fr.php, logically:
Just in case somebody came by with a browser providing neither English nor French in the HTTP_ACCEPT_LANGUAGE header, I added this line to my .htaccess to catch [any 406 errors (“not acceptable”)](http://www.checkupdown.com/status/E406.html):
ErrorDocument 406 /en.php
So, if something goes wrong, we’re redirected to the English version of the site.
The last thing that needs to be done is to have menu.var (the type map) load automatically when we go to stephanie-booth.com. I first tried by adding a DirectoryIndex directive to .htaccess, but that messed up the use of index.php as the normal index file. Here’s the line for safe-keeping, if you ever need it in other circumstances, or if you want to try:
DirectoryIndex menu.var
Anyway, I used another PHP workaround. I created an index.php file with the following content:
And there we are!
### Accepted language priority and regional flavours
In my browser settings, I’ve used en-GB and fr-CH to indicate that I prefer British English and Swiss French. Unfortunately, the header matching is strict. So if the order of your languages is “en-GB, fr-CH, fr, en” you will be shown the French page (en-GB and fr-CH are ignored, and fr comes before en). It’s all explained in the Apache documentation:
> The server will also attempt to match language-subsets when no other match can be found. For example, if a client requests documents with the language en-GB for British English, the server is not normally allowed by the HTTP/1.1 standard to match that against a document that is marked as simply en. (Note that it is almost surely a configuration error to include en-GB and not en in the Accept-Language header, since it is very unlikely that a reader understands British English, but doesn’t understand English in general. Unfortunately, many current clients have default configurations that resemble this.) However, if no other language match is possible and the server is about to return a “No Acceptable Variants” error or fallback to the LanguagePriority, the server will ignore the subset specification and match en-GB against en documents. Implicitly, Apache will add the parent language to the client’s acceptable language list with a very low quality value. But note that if the client requests “en-GB; q=0.9, fr; q=0.8”, and the server has documents designated “en” and “fr”, then the “fr” document will be returned. This is necessary to maintain compliance with the HTTP/1.1 specification and to work effectively with properly configured clients.
Apache, Content Negotiation
This means that I added regional language codes to the type map (“fr, fr-ch, fr-qc”) and also that I changed the order of my language preferences in Firefox, making sure that all variations of one language were grouped together, in the order in which I prefer them:
Language Prefs in Firefox
### Catching old (now invalid) URLs
There are lots of incoming links to pages of the French site, where it used to live — at the web root. For example, the contact page address used to be http://stephanie-booth.com/contact, but it is now http://stephanie-booth.com/fr/contact. I could write a whole list of permanent redirects in my .htaccess file, but this is simpler. I just copied and modified the rewrite rules that WordPress provides, to make sure that the correct blog installation does something useful with those old URLs (**bold** is my modification):
# BEGIN WordPress
RewriteEngine On
RewriteBase /
RewriteCond %{REQUEST_FILENAME} !-f
RewriteCond %{REQUEST_FILENAME} !-d
RewriteRule . **/fr**/index.php [L]
# END WordPress
In this way, as you can check, [http://stephanie-booth.com/contact](http://stephanie-booth.com/contact) is not broken.
### Next steps
My next mission is to write a small plugin which I will install on both WordPress sites (I’ve got to write it for a client too, so double benefit). This plugin will do the following:
– add a field to the write/edit post field in which to type the post slug of the correponding page/post in the other language *(e.g. “particuliers” in French will be “individuals” in English)
– add a link to each post pointing to the equivalent page in the other language
It’s pretty basic, but it beats manual links, and remains very simple. (I like simple.)
As I said, if you have a better (simpler!) way of doing all this, please send it my way.
### A simpler solution **[Added 29.12.2007]**
For each language, create a file named index.php.lg where “lg” is the language code. For French, you would create index.php.fr with the following content:
Repeat for each language available.
**Do not** put an index.php file in your root directory, just the index.php.lg files.
Add the two following lines to your .htaccess:
Options +Multiviews
ErrorDocument 406 /fr/
…assuming French is the default language you want your site to show up in if your visitor’s browser doesn’t accept any of the languages you provide your site in.
You’re done!
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Hairy .htaccess Dreamhost WordPress Problem Solved! [en]
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ESSENTIALAI-STEM
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MEDICAP PHARMACIES, INC., Plaintiff, v. Randall E. and Dianna M. FAIDLEY, Defendants.
No. 4:05 CV 00586.
United States District Court, S.D. Iowa, Central Division.
Feb. 22, 2006.
David N May, Bradshaw Fowler Proctor & Fairgrove, Des Moines, IA, for Dianna M. Faidley, Defendant.
David N May, Bradshaw Fowler Proctor & Fairgrove, Des Moines, IA, for Randall E. Faidley, Defendant.
Dee Joyce-Hayes, Stephen Jerome O’Brien, Sonnenschein Nath & Rosenthal LLP, St Louis, MO, David M Swinton, Belin Lamson McCormick Zumbach Flynn, P.C., Des Moines, IA, for Medicap Pharmacies, Inc., Plaintiff.
ORDER ON MOTION TO TRANSFER VENUE
PRATT, District Judge.
Before the Court is Defendants’ Motion to Transfer (Clerk’s No. 9), wherein Defendants request the Court transfer venue in the above-captioned case from the Central Division of the Southern District of Iowa to the United States District Court for the District of Arizona. Plaintiff filed a resistance to the motion (Clerk’s No. 13) and Defendants replied (Clerk’s No. 15). The matter is fully submitted.
I. FACTUAL BACKGROUND
Randall and Dianna Faidley (the “Faid-leys”) are a married couple, residing in Yuma, Arizona, with their four young children. Both Faidleys have college educations, though neither has attended business or law school. Mrs. Faidley is a licensed pharmacist, while Mr. Faidley works for the Department of Defense at the U.S. Army Proving Ground in Yuma, Arizona. Neither have ever lived or owned real property in Iowa, but both have visited Iowa approximately four or five times in relation to their business with Medicap Pharmacies, Inc. (“MPI”).
MPI is a corporation organized under the laws of Iowa with its headquarters located in Iowa. MPI became a wholly-owned subsidiary of Medicine Shoppe International, Inc. (“Medicine Shoppe”) in December 2003. Medicine Shoppe is headquartered in St. Louis, Missouri and is a Cardinal Health, Inc. company. Cardinal Health, based in Dublin, Ohio, acquired Medicine Shoppe in November 1995. MPI is a “national franchisor,” having developed a marketing and business operations system that provides training, services and assistance to franchisees for the operation of prescription pharmacies known individually as “Medicap” pharmacies.
On January 23, 1998, the Faidleys entered into an agreement with MPI to operate a Medicap Pharmacy in Yuma, Arizona, for a period of twenty years. The agreement provided, amongst other things, that the two mile radius around their Med-icap store, located at 1651 South Arizona Avenue, Yuma, Arizona, would be designated as the Faidleys’ exclusive territory, and that no other Medicap franchisees would be granted license to operate a Medicap pharmacy within that territory. Additionally, the twenty-two page franchise agreement provided that the Faid-leys would establish a Medicap Pharmacy at their own expense and maintain the pharmacy as a Medicap store throughout the term of the franchise agreement. The franchise agreement provided that the Faidleys would “[rjefrain from selling, giving away, or otherwise encumbering any of the records or files related to customers” of their Medicap store, “except in connection with a sale or transfer” of the franchise agreement. The Faidleys were to pay MPI an ongoing license fee of four percent, as well as a national marketing fee of one percent of the gross monthly receipts of their Medicap store, throughout the term of the franchise agreement. Upon expiration, termination, or assignment of the agreement, Defendants as franchisees were subject to a two-year non-compete clause, which prohibited them from owning, operating, consulting with, or being employed by any drug store or pharmacy located within a two mile radius of the franchised Medicap pharmacy. The franchise agreement also provided that certain mediation requirements be met before the filing of suit and that the parties explicitly waive any right to trial by jury. Of particular importance in the present motion, the franchise agreement contained a forum-selection clause stating:
No action or preceding [sic] 'involving this Agreement or any aspect of the relationship between the parties or their agents or affiliates shall be commenced by any party except in Polk County, Iowa, nor shall any action commenced in any such court be removed or transferred to any other state o[r] federal court. Notwithstanding the foregoing, if the Company is permitted to seek in-junctive relief under this Agreement, the Company may, at its option, bring such action in the county in which the Franchisee’s Medicap Pharmacy store is located.
Franchise Agreement, Section XIV (11).
Upon signing the franchise agreement with Medicap, the Faidleys executed a personal guaranty, wherein they agreed to be jointly and severally bound by all covenants, obligations and commitments contained in the franchise agreement. From 1998 to October 6, 2005, the Faidleys operated the Yuma, Arizona, Medicap pharmacy in accordance with the terms of the franchise agreement. On October 6, 2005, according to Plaintiffs Complaint, the Faidleys sold the assets of their Medicap pharmacy, including their customer prescription list, to the Target Corporation for the sum of $260,000. The Faidleys subsequently sold the Medicap pharmacy’s inventory to Target as well, following evaluation by an inventory service. According to the Complaint, Dianna Faidley accepted employment, and is currently employed, by an in-store pharmacy at a Target store located less than two miles from the franchised Medicap location. Additionally, the telephone number used by the franchised Medicap pharmacy now rings directly into the Target pharmacy where Dianna Faid-ley is employed.
On October 25, 2005, MPI filed the present action, alleging that Plaintiffs have sold the Medicap pharmacy assets and have ceased operating the pharmacy, in violation of the franchise agreement. Specifically, Plaintiff claims in Count One that Dianna Faidley breached the licensing agreement by failing to comply with requirements regarding MPI’s right of first refusal as to any sale of pharmacy assets, and by failing to get MPI’s approval prior to the sale. Additionally, Plaintiff claims that Dianna Faidley has violated the non-compete provision of the agreement, and should be enjoined from continuing her employment at Target’s pharmacy.
Count Two of Plaintiffs Complaint asserts breach of the license agreement in the failure of Defendants to deliver to MPI original records of all patients and customers of the Medicap pharmacy who became customers during the pendency of the franchise agreement, and in the failure of Defendants to return MPI’s Policy and Procedures Manual. Plaintiff claims that these breaches of the licensing agreement have caused it to suffer the loss of goodwill, loss of existing and potential customers, harm to reputation, and loss of valued assets in an amount exceeding $75,000.
Finally, Count Three of Plaintiffs Complaint alleges breach of contract based on the reasonable inference that Defendants have permanently closed their Medicap location prior to the expiration of the twenty-year franchise agreement. According to Plaintiff, the store closure and sale of assets to a competitor pharmacy within a two-mile radius has caused irreparable harm to MPI due to loss of customers and goodwill. MPI claims that Defendants’ actions have “effectively precluded it from operating a pharmacy within that territory.” Plaintiff seeks compensatory damages, attorney’s fees and costs.
II. LAW AND ANALYSIS
A. Venue Generally
Jurisdiction of the federal court in this matter is premised on Plaintiffs claim of diversity jurisdiction pursuant to 28 U.S.C. § 1332. MPI alleges it is a corporation organized and existing under the laws of the State of Iowa with its principal place of business in Polk County, Iowa. The Faid-leys are citizens of Arizona. The amount in controversy, from the face of the Complaint, exceeds the jurisdictional requisite of $75,000.00. Pursuant to 28 U.S.C. § 1391(a), when jurisdiction is founded only on diversity of citizenship, a civil action may be brought:
[Ojnly in (1) a judicial district where any defendant resides, if all defendants reside in the same State, (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim 'occurred, or a substantial part of property that is the subject of the action is situated, or (3) a judicial district in which any Defendant is subject to personal jurisdiction at the time the action is commenced, if there is no district in which the action may otherwise be brought.
28 U.S.C. § 1391(a).
In the present matter, venue would clearly be proper in the United States District Court for the District of Arizona pursuant to subsection (1), as both defendants reside in Arizona. Likewise, venue would be proper in Arizona under subsection (2), as the franchised Medicap pharmacy was located in Arizona, and virtually all acts or omissions comprising Plaintiffs breach of contract claims against the Defendants took place in Arizona. Indeed, the Court cannot say that a “substantial part of the events or omissions giving rise to the claim” occurred in Iowa, as the only events or omissions tying the present cause to Iowa are: 1) the fact that the Faidleys sent their franchise agreement to Iowa; 2) the fact that the Faidleys traveled to Iowa on a few occasions for training; and 3) the fact that Medicap claims to be incorporated in Iowa with its primary place of business in Iowa.
As to subsection (3), the Faidley’s actions in contacting MPI in Iowa, sending a signed franchise agreement to Iowa, and in traveling to Iowa on four to five occasions to undertake training for their franchise, are more than adequate to subject them to personal jurisdiction here. Moreover, the franchise agreement contained a forum selection clause designating Iowa as the appropriate venue for any litigation arising out of the franchise agreement. Eighth Circuit precedent has established that a party may consent to personal jurisdiction by entering a contract that contains a forum selection clause. St. Paul Fire and Marine Ins. Co. v. Courtney Enters., Inc., 270 F.3d 621, 624 (8th Cir.2001). Moreover, due process is satisfied when a defendant consents to personal jurisdiction in this way. Dominium Austin Partners, L.L.C. v. Emerson, 248 F.3d 720, 726 (8th Cir.2001) (citing Burger King Corp. v. Rudzewicz, 471 U.S. 462, 472 n. 14, 105 S.Ct. 2174, 85 L.Ed.2d 528 (1985)).
Despite the fact that the Faidleys are subject to personal jurisdiction in Iowa, § 1391(a)(3) provides that venue may lie in “a judicial district in which any Defendant is subject to personal jurisdiction at the time the action is commenced, if there is no district in which the action may otherwise be brought.” 28 U.S.C. § 1391(a)(3) (emphasis added). Clearly, in this matter, the District of Arizona provides a proper venue for the action and there is, therefore, another district in which the action could have been brought. While subsection (3) has been found to be broad, its purpose is “presumably owing to a desire to provide some forum for relief of claims, when no forum would otherwise be available.” Burris v. Lindsey & Assoc., 2005 WL 1182384 (W.D.Mo. May 17, 2005) (unreported disposition). The provision has thus been interpreted according to its plain meaning, making it inapplicable to a situation where, as here, there is another appropriate and available forum for Plaintiffs grievances to be addressed. See e.g. id.; Fanselow v. Rice, 213 F.Supp.2d 1077, 1080 (D.Neb.2002).
The question remains, then, whether the forum selection clause in the franchise agreement, stating that “each [party] agree[s] to submit to the exclusive jurisdiction of the state and federal courts of Iowa with respect to any litigation pertaining to this Agreement ... ”, provides Iowa as an appropriate venue, despite its failure under § 1391. If the forum selection clause is valid and enforceable, this question must be answered in the affirmative, as the forum selection clause would then constitute a waiver of Defendants’ right to object to venue under the federal statute.
B. Validity of Forum Selection Clause
In a suit based on diversity of citizenship, federal law determines the validity of a forum selection clause. Sun World Lines, Ltd. v. March Shipping Corp., 801 F.2d 1066, 1068-69 (8th Cir.1986). “[I]t is settled ... that parties to a contract may agree in advance to submit to the jurisdiction of a given court .... ” Nat. Equip. Rental, Ltd. v. Szukhent, 375 U.S. 311, 315-16, 84 S.Ct. 411, 11 L.Ed.2d 354 (1964). To be enforceable, a forum selection clause containing a defendant’s consent to either personal jurisdiction or venue must comply with applicable due process standards. Burger King, 471 U.S. at 472 n. 14, 105 S.Ct. 2174. Thus, the clause must have been obtained through freely negotiated agreements absent fraud and overreaching and its enforcement must not be unreasonable and unjust. M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 15, 92 S.Ct. 1907, 32 L.Ed.2d 513 (1972). The party resisting enforcement of the clause bears a heavy burden in convincing the Court that it should not be held to its bargain. Id. at 18, 92 S.Ct. 1907.
Here, Defendants urge that the forum selection clause is unenforceable under Iowa law because there was a disparity in the parties’ relative bargaining power and because the clause involves substantively unfair terms. See Faber v. Menard, Inc., 367 F.3d 1048, 1053 (8th Cir.2004). In federal diversity cases, venue is a matter of procedure, subject to federal, and not state, law. See e.g. Wellmark, Inc. v. Deguara, 2003 WL 21254637, *4 (S.D.Iowa May 28, 2003) (“Since enforcement of a forum selection clause in a diversity action is a procedural matter determined under federal law, there is no question that courts apply federal law, not state law, to determine the validity of a forum selection clause in a federal question ease such as the one at bar.”) (citing Stewart Org., Inc. v. Ricoh Corp., 487 U.S. 22, 32, 108 S.Ct. 2239, 101 L.Ed.2d 22 (1988)); C. Pappas Co. v. E. & J. Gallo Winery, 565 F.Supp. 1015, 1017 (D.Mass.1983) (enforcement of forum selection clauses to be decided under federal law); Hoffman v. Burroughs Corp., 571 F.Supp. 545, 548 (N.D.Tex.1982) (federal common law determines enforceability of forum selection clause); Quick Erectors, Inc. v. Seattle Bronze Corp., 524 F.Supp. 351, 355-57 (E.D.Mo.1981) (same).
In M/S Bremen v. Zapata OffShore Co., the Supreme Court found forum selection clauses are “prima facie valid and should be enforced unless enforcement is shown by the resisting party to be ‘unreasonable’ under the circumstances.” M/S Bremen, 407 U.S. at 10, 92 S.Ct. 1907. The Supreme Court concluded that a forum selection clause “should control absent a strong showing that it should be set aside.” Id. at 15, 92 S.Ct. 1907. Factors important in determining the reasonableness of a forum selection clause are whether the clause was the result of an arm’s-length transaction, the experience and sophistication of the parties involved in the negotiation, the comparative bargaining positions of the parties, and representation of the parties by legal counsel. See id. at 12, 92 S.Ct. 1907; Terra Int'l, Inc. v. Miss. Chem. Corp., 922 F.Supp. 1334, 1344 (N.D.Iowa 1996); see also Med. Legal Consulting Serv. v. Covarrubias, 648 F.Supp. 153, 156 (D.Md.1986) (listing nine factors that have been considered by courts in determining the reasonableness of a forum selection clause). Other reasons for invalidating a forum selection clause include fraud or overreaching, duress, illegality, and other conventional grounds for invalidating a contract. See N.W. Nat’l Ins. Co. v. Donovan, 916 F.2d 372, 376-77 (7th Cir.1990).
Here, Defendants claim they believed the twenty-two page franchise agreement, including the forum selection clause, was non-negotiable, and that there is a clear disparity in the bargaining power of the parties. The Supreme Court has found forum selection clauses to be valid even where there have not been actual negotiations concerning the clause. Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 594, 111 S.Ct. 1522, 113 L.Ed.2d 622 (1991). Indeed, the “bare assertion” that a contract was offered on a “take it or leave it” basis is not sufficient as a matter of law to establish that a contract is one of adhesion. Dominium Austin Partners, L.L.C. v. Emerson, 248 F.3d 720, 726 (8th Cir.2001). Indeed, even if a contract falls under the rubric of the adhesion doctrine, any particular term sought to be invalidated must also be unconscionable. See e.g., Webb v. R. Rowland & Co., 800 F.2d 803, 807 (8th Cir.1986) (“The use of a standard form contract between two parties of admittedly unequal bargaining power does not invalidate an otherwise valid contractual provision. To be invalid, the provision at issue must be unconscionable.”); Surman v. Merrill, Lynch, Pierce, Fenner & Smith, 733 F.2d 59, 61 n. 2 (8th Cir.1984) (noting that standardized contracts of adhesion are not per se unenforceable, but courts must determine whether a particular clause is unconscionable) (citing 6A A. Corbin, Contracts § 1376, at 20-22 (1962)). With regard to the forum selection clause, Defendants here attest that they didn’t believe they had the power to negotiate it, but offer no evidence that they were unaware that the contract contained such a provision, or that they did not understand the provision when they agreed to the contract and all its terms. A review of the contract reveals that the forum selection clause is plainly stated in a subsection of the contract relating to litigation over the agreement and it is in the same size print and plain language as the rest of the contract.
As to whether the forum selection clause is unconscionable such that it should not be enforced, Defendants claim that requiring them to try the present matter in Iowa will provide a result that is unjust and unreasonable. Generally, a forum selection clause may be deemed unconscionable, unreasonable, or unjust where it is shown “that the forum thus selected is ‘so gravely difficult and inconvenient that [the defendant] will for all practical purposes be deprived of his day in court.’ ” Foster v. Chesapeake Ins. Co., Ltd., 933 F.2d 1207, 1219 (3d Cir.1991) (quoting M/S Bremen, 407 U.S. at 18, 92 S.Ct. at 1917); see also RK Dixon Co. v. Dealer Mktg. Servs., Inc., 284 F.Supp.2d 1204, 1209 (S.D.Iowa 2003). The Court cannot say that Defendants have presented any evidence that Iowa would be such an inconvenient forum that they would essentially be deprived of their day in court. Indeed, Defendants have already obtained local counsel to represent their interests in this federal court. While admittedly MPI is a large corporate conglomerate and Defendants are inexperienced in running a business, albeit well-educated, it appears that the franchise agreement constituted an arm’s-length transaction. Defendants were represented by counsel during their consideration of whether to enter into the agreement and there is no evidence that they were under any time constraints in executing the agreement. Likewise, there is no indication that MPI used its size to disadvantage the Defendants. The record supports the conclusion that Defendants were capable of reading and understanding the agreement and foreseeing the inconveniences that might arise from the forum selection clause in the event a dispute arose under the franchise agreement. While certainly the forum selection clause presents a substantial inconvenience to Defendants, they have not sustained their burden of showing that enforcement of the clause would be so onerous that they would essentially be denied their day in court.
C. Section 1404(a)
Despite the presence of a valid forum selection clause, the Court is not prevented from considering a motion to transfer pursuant to 28 U.S.C. § 1404(a). In Plum Tree, Inc. v. Stockment, the court held that a forum selection clause whose enforcement is not unreasonable does not preclude the selected forum from ordering a § 1404(a) transfer:
Congress set down in § 1404(a) the factors it thought should be decisive on a motion for transfer. Only one of these-the convenience of the parties—is properly within the power of the parties themselves to affect by a forum-selection clause. The other factors—the convenience of witnesses and the interest of justice—are third party or public interests that must be weighed by the district court; they cannot be automatically outweighed by the existence of a purely private agreement between the parties. Such an agreement does not obviate the need for an analysis of the factors set forth in § 1404(a) and does not necessarily preclude the granting of the motion to transfer.
Plum Tree, Inc. v. Stockment, 488 F.2d 754, 757-58 (3rd Cir.1973); see also Rouse Woodstock v. Sur. Fed. Sav. & Loan Ass’n, 630 F.Supp. 1004, 1008 (N.D.Ill.1986).
Section 1404(a), designed as a “federal housekeeping measure, allowing easy change of venue within a unified federal system,” provides: “For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought.” Piper Aircraft Co. v. Reyno, 454 U.S. 235, 254, 102 S.Ct. 252, 70 L.Ed.2d 419 (1981); 28 U.S.C. § 1404(a). The moving party has the burden of showing that the transfer will be to a more convenient forum. Am. Standard, Inc. v. Bendix Corp., 487 F.Supp. 254, 261 (W.D.Mo.1980).
In determining whether to exercise its discretion to transfer an action pursuant to § 1404, the Court may consider a myriad of factors, including the convenience of parties and witnesses, access to sources of proof and evidence, the governing law, and the possibility of delay if a transfer is granted. As well, the Court may consider practical factors, such as where the case can be tried more efficiently and expeditiously and whether any prejudice will result if a transfer is granted. See Terra Int’l, Inc. v. Mississippi Chem. Corp., 119 F.3d 688 (8th Cir.1997); Terra Int’l, Inc. v. Mississippi Chem. Corp., 922 F.Supp. 1334 (N.D.Iowa 1996); Houk v. Kimberly-Clark Corp., 613 F.Supp. 923 (W.D.Mo.1985); Stabler v. New York Times Co., 569 F.Supp. 1131 (S.D.Tex.1983). The burden is upon the party seeking transfer to “make a clear showing that the balance of interests weighs in favor of the proposed transfer, and unless that balance is strongly in favor of the moving party, the plaintiffs choice of forum should not be disturbed.” Houk, 613 F.Supp. at 927 (citations omitted); see also Shutte v. Armco Steel Corp., 431 F.2d 22 (3rd Cir.1970) (plaintiffs forum choice is to be given “paramount consideration”).
1. Convenience of the parties.
There can be little doubt that litigation in Arizona would be substantially more convenient for Defendants than would be Iowa. Defendants have little to no ongoing contact with the State of Iowa and work and reside exclusively in Yuma, Arizona. Nonetheless, in light of the fact that Defendants entered into a franchise agreement containing a valid forum selection clause, the Court finds that the convenience of the parties is equally served in either Iowa or Arizona. While Defendants imply that litigating the present matter in Iowa would pose a substantial financial burden on them, they essentially waived the right to argue inconvenience when they agreed to the franchise agreement and the forum selection clause. See e.g. RK Dixon, 284 F.Supp.2d at 1215. Moreover, the mere fact that the costs of litigation would be more burdensome on Defendants than on Plaintiff should the case remain in Iowa is not alone sufficient cause to grant a transfer. See Lajaunie v. L & M Bo-Truc Rental, Inc., 261 F.Supp.2d 751, 754 (S.D.Tex.2003) (concluding that shifting costs, rather than reducing them, does not support transfer).
2. Convenience of witnesses.
Defendants next argue that the convenience of potential Arizona witnesses weighs heavily in favor of transfer. The convenience of non-party witnesses is generally considered to be one of the most important factors to be weighed in the venue transfer analysis. See e.g. United States v. Hartbrodt, 773 F.Supp. 1240, 1243 (S.D.Iowa 1991); Am. Standard, 487 F.Supp. at 262. The Faidleys assert that crucial non-party witnesses will be in Arizona, because virtually all events giving rise to the present claim occurred in Arizona. Without identifying prospective witnesses, the Faidleys point out that they will likely need to offer testimony of pharmacy customers who live and shop in Arizona to counter Plaintiffs claim that it has lost so much customer goodwill that it is “effectively precluded from operating another Medicap Pharmacy” within the franchised territory. Plaintiff, on the other hand, argues that Defendants have merely alleged that they will call unidentified witnesses who will give irrelevant testimony and that the Court should disregard Defendants’ arguments on this factor.
“[T]he party seeking the transfer must clearly specify the essential witnesses to be called and must make a general statement of what their testimony will cover.” Nelson v. Master Lease Corp., 759 F.Supp. 1397, 1402 (D.Minn.1991) (citing 15 Charles A. Wright, Arthur R. Miller & Edward H. Cooper, Federal Practice and Procedure § 3851 at 425). In determining this factor, the court must examine the materiality and importance of the anticipated witnesses’ testimony and then determine their accessibility and convenience to the forum. Reid-Walen v. Hansen, 933 F.2d 1390, 1396 (8th Cir.1991). “The burden is on the defendant to provide these facts by way of affidavit or other information.” Id. (citing Piper Aircraft Co., 454 U.S. at 258, 102 S.Ct. 252). Defendants here have not named any potential witnesses, though they have attempted to identify relevant testimony to be given by unnamed witnesses as relating to the likelihood that such witnesses have lost goodwill toward MPI and whether such witnesses would likely shop at a Medicap in the Faidley’s franchised territory should another franchise open there. Defendants’ unspecific allegations are insufficient to carry their burden on this factor. See id. at 1397, n. 10 (noting that overly detailed affidavits are unnecessary to carry a defendant’s burden of persuasion, but rejecting the notion that the convenience of non-party witnesses factor could weigh in favor of transfer when no affidavits or information are offered).
3. Subpoenaing witnesses.
Defendants also argue that the ability to subpoena witnesses would be hampered by maintaining Iowa as the forum for the present action. This Court may serve a subpoena any place within the district or “at any place without the district that is within 100 miles of the place of the deposition, hearing, trial, production, or inspection specified in the subpoena .... ” Fed. R.Civ.P. 45(b)(2). Yuma, Arizona, clearly falls outside of the 100 mile range this Court has at its disposal. It has been held that the availability of the compulsory process to insure the attendance of witnesses is a factor which district courts may consider. See Piper Aircraft, 454 U.S. at 241 n. 6, 102 S.Ct. 252; Chrysler Credit Corp. v. Country Chrysler, Inc., 928 F.2d 1509, 1516 (10th Cir.1991). The fact that witnesses in Arizona cannot be compelled to testify if the trial is held in Iowa weighs in favor of transfer. Id. This is true only, however, if it is shown that the witnesses in Arizona have relevant testimony and that testimony will be inadequate if offered only via deposition. Terra, 922 F.Supp. at 1360-61. As with the convenience of witnesses factor, Defendants have failed to meet their burden of persuasion on this factor because they have not named any actual potential witnesses, nor have they offered any evidence that witnesses would be unable or unwilling to testify in Iowa, or that deposition testimony of such witnesses would be inadequate.
4. Books and records.
While access to books and records is a factor to be taken into account when determining if transfer is warranted, modern technology allows easy reproduction and little weight should be given if the records can be easily transported. See Coker v. Bank of America, 984 F.Supp. 757, 766 (S.D.N.Y.1997) (concluding in the era of photocopying, fax machines, and Federal Express, the weight given to this factor is slight); Met-L-Wood Corp. v. SWS Indus., Inc., 594 F.Supp. 706, 710 (N.D.Ill.1984) (finding location of books and records not an important factor unless documents so voluminous that transportation is a major undertaking). The Faidleys have produced no evidence suggesting that any relevant documents would be too voluminous to transport. Therefore, this factor is given little, if any, weight in the transfer analysis. See Coker, 984 F.Supp. at 766. Nor have the Faidleys claimed the documents and records need to be within the subpoena power of the trial court. See Spound v. Action Indus., Inc., 369 F.Supp. 1066, 1068-69 (N.D.Ill.1974) (finding location of documents and records should be weighed in the transfer analysis when transfer would allow trial'court to exercise subpoena power).
5.General interests of justice.
a. Forum selection clause.
Though the Court has determined that the forum selection clause between MPI and the Faidleys is valid, its presence is not dispositive. The forum selection clause does, however, constitute a significant factor that figures centrally in deciding whether a transfer should be granted. Stewart, 487 U.S. at 29, 108 S.Ct. 2239. Indeed, considerable deference is to be given to a plaintiffs choice of forum, even absent the presence of a valid forum selection clause. Terra, 119 F.3d at 695. Accordingly, this factor weighs in favor of maintenance of suit in Iowa.
b. Location where events giving rise to claim occurred.
Some courts have given weight to the location of the conduct and events giving rise to the cause of action. Boyd v. Snyder, 44 F.Supp.2d 966, 970 (N.D.Ill.1999). Clearly, this factor would weigh in favor of transfer because the conduct complained of (breach of contract) occurred in Yuma, Arizona. Id. However, one advantage to litigating in Arizona offered by the Faid-leys is the possibility of jury visits. Plaintiff counters that the parties have waived their right to jury trial in the franchise agreement and no such visits would be necessary in the context of a bench trial. Regardless of the validity of the jury waiver in the franchise agreement, photographs are a suitable and accurate substitute for on-location jury visits. See DMP Corp. v. Fruehauf Corp., 617 F.Supp. 76, 78 (W.D.N.C.1985) (finding photographs of a facility can provide a jury with accurate information in the event it became necessary). Because the Faidleys have not offered any evidence that a jury visit to the two-mile area in question will have any significant bearing on the outcome of the case, this factor does not give weight to either side of the analysis. Id.
c.Local interest in deciding the matter.
The Supreme Court has held “there is a local interest in having local controversies decided at home.” Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 509, 67 S.Ct. 839, 91 L.Ed. 1055 (1947). The Faidleys argue this is a case of local interest to Arizonans because it impacts the way in which health care services will be delivered to citizens in Arizona. (Clerks # 10, p. 18, ¶¶ 1-3). MPI counters that the present issues are not localized in Arizona, but instead deal with national concerns involving an Iowa corporation. (Clerk’s # 13, p. 13, ¶ 2). It has been held that where local law controls, there is local interest in applying that law. Intranexus, Inc. v. Siemens Med. Solutions Health Servs. Corp., 227 F.Supp.2d 581, 585 (E.D.Va.2002) (finding even though none of the acts alleged occurred in Pennsylvania and Virginia had an interest in the outcome of the case, Pennsylvania’s interest in applying Pennsylvania law carried more weight in a transfer analysis). Here, the interest of Arizona citizens in the availability of varied pharmacies seems to counter the interest of Iowa in applying Iowa law, giving this factor equal weight on both sides of the analysis.
d. Enforceability of the judgment.
If injunctive relief is sought in Arizona, a court in Arizona would be in the best position to enforce the injunction. Event News Network, Inc. v. Thill, No. 05 C 2972, 2005 WL 2978711, at *6 (N.D.Ill. Nov.2, 2005) (finding factor weighs for transfer when enforcement primarily required in another district); Law Bulletin Publ’g, Co. v. LRP Publ’n, Inc., 992 F.Supp. 1014, 1021 (N.D.Ill.1998) (finding court “closer to the action” would be in better position to enforce injunction). This factor weighs in favor of transfer because the injunction sought against the Faidleys would most easily be enforced by a court in Arizona. Id. Although this factor weighs heavily in favor of transfer, it is not dispositive and all other relevant factors must be balanced in the transfer calculus. See e.g., College Craft Cos., Ltd. v. Perry, 889 F.Supp. 1052, 1057 (N.D.Ill.1995) (balancing home forum, speedy resolution, convenience of witnesses, convenience of parties, where the events took place, public interest, and where to best enforce the requested injunction in deciding to grant the motion for transfer).
e. Additional interests of justice.
Some courts have concluded that jury duty is a burden which should not be imposed on a community with no relation to the litigation at hand. See Reid-Walen, 933 F.2d at 1403; Chicago, Rock Island and Pac. R.R. Co. v. Igoe, 220 F.2d 299, 304 (7th Cir.1955). The fact that MPI is an Iowa corporation diminishes the likelihood that Iowa jurors would be burdened with hearing a case wholly unrelated to Iowa interests. Moreover, there is some dispute as to whether there will be a jury trial in this case at all. The franchise agreement contains a waiver by both parties of the right to jury trial. MPI has indicated an intent to enforce this clause, and the Faidleys have indicated an intent to challenge it as unconscionable. The issue of enforceability is not before the Court in the present motion, however, making it difficult for the Court .to give weight either in favor or against transfer on this factor.
f. Expeditious and efficient trial.
While a court should not grant a motion to transfer simply for its own convenience, a prompt trial is a consideration to be taken into account when weighing the interests of justice. Fannin v. Jones, 229 F.2d 368, 369-70 (6th Cir.1956). The Faidleys admit that both Arizona’s and Iowa’s federal courts are very busy, but emphasize that the Southern District of Iowa has a history of more trial time than does the District of Arizona. (Clerk’s # 10, p. 16, ¶ 1). MPI states simply that “this Court is the best arbiter of its own workload.” (Clerk’s 13, p. 14, ¶ 1). On the present record, the Court is unaware of any facts which would indicate that Arizona courts are any more or less capable of handling the present case in an expedient and efficient manner. Accordingly, this factor does not weigh in favor of transfer.
III. CONCLUSION
After careful consideration, the Court concludes that the forum selection clause in the franchise agreement underlying this case is enforceable. Moreover, while most factors in the § 1404(a) analysis do not lean substantially either in favor of or against transfer, the few factors favorable to transfer are not particularly weighty. While Plaintiff has not indicated any reason beyond its incorporation in Iowa to have the present case heard in this forum, Defendants have not offered any evidence indicating that MPI has chosen its home state only to vex them or make litigation difficult. See Piper Aircraft Co., 454 U.S. at 255-56, 102 S.Ct. 252 (noting that a plaintiff that chooses its home forum is generally presumed to have chosen the forum because it is convenient). Indeed, it is ultimately the Defendants’ burden to show that the § 1404(a) factors weigh “strongly” in their favor. Gulf Oil Co., 330 U.S. at 508, 67 S.Ct. 839; United Mortgage Corp. v. Plaza Mortgage Corp., 853 F.Supp. 311, 314 (D.Minn.1994) (citations omitted) (holding that transfer under § 1404(a) “should not be freely granted”). While Defendants have made good arguments in favor of transfer, they have failed to proffer sufficient evidence to sustain their heavy burden. Accordingly, the Motion to Transfer Venue (Clerk’s No. 9) is DENIED.
IT IS SO ORDERED.
. An adhesion contract is generally defined as one that is "drafted unilaterally by the dominant party and then presented on a 'take-it-or-leave-it’ basis to the weaker party who has no real opportunity to bargain about its terms.' " Pennsylvania Life Ins. Co. v. Simoni, 641 N.W.2d 807, 813 (Iowa 2002) (quoting Restatement (Second) of Conflict of Laws § 187 cmt. b, at 135 (Rev.1988)); see also Schlobohm v. Spa Petite, Inc., 326 N.W.2d 920, 924 (Minn. 1982) (an adhesion contract is one that is "drafted unilaterally by a business enterprise and forced upon an unwilling and often unknowing public for services that cannot readily be obtained elsewhere.”); Estrin Constr. Co. v. Aetna Cas. and Sur. Co., 612 S.W.2d 413, 418 n. 3 (Mo.App.1981) ("A contract of adhesion is a form contract submitted by one party and accepted by the other on the basis of this or nothing. It is an instrument devised by skilled legal talent for mass and standard-industry wide use which does not allow for idiosyncracy. It is a transaction not negotiated but one which literally adheres for want of choice.”) (emphasis in original).
. With regard to Defendants' argument that several other provisions of the franchise agreement indicate an overall "one-sidedness,” the Court notes that Defendants have not cited any case law in support of the proposition that the validity of the forum-selection clause depends on the fairness of other terms in the contract. Indeed, as a general matter, the invalidity of one provision of a contract does not necessarily preclude enforcement of other provisions. See e.g., Nat’l Labor Relations Bd. v. Rockaway News Supply Co., 345 U.S. 71, 79, 73 S.Ct. 519, 97 L.Ed. 832 (1953) (finding that illegal contract provisions will not render an entire contract void unless the "forbidden provision is so basic to the whole scheme of a contract and so interwoven with all its terms that it must stand or fall as an entity”); McCullough v. Clinch-Mitchell Const. Co., 71 F.2d 17, 21 (8th Cir.1934).
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CASELAW
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Free deals for Netflix, HBO, Hulu, Disney Plus, Apple TV Plus: details
Monthly bills for on-demand streaming services can add up, but there are ways to access streaming content for free.Telecom companies like AT&T, T-Mobile, and Sprint, as well as tech giants like Apple, will pick up their customers' streaming bills in certain cases.Verizon and Disney Plus are the latest companies to make an offer like this.Here's a list of major streaming services and the options available to get a subscription for free.Visit Business Insider's homepage for more stories.With more streaming services launching in the coming months, the monthly bills can start to add up — especially if you still have a cable package. But there are a variety of deals out there to get streaming services for free that you might not be aware of.For instance, Verizon customers learned on Tuesday that they could get a free year of Disney Plus. And Verizon isn't the only telecom company to offer such a deal. Whether you have Verizon, AT&T, Sprint, or T-Mobile, you might be able to switch or add another streaming service free of charge, just by paying your phone bill.Here are some of the ways to access free streaming through an existing plan, subscription, or purchase:
Disney Plus
Cost: $7 per month or $70 per yearFree deal: New and existing Verizon Wireless Unlimited customers, new Fios Home Internet customers, and new 5G Home Internet customers can get their first year of streaming on Disney Plus for free starting November 12, when the service launches. If you signed up for Disney Plus in advance, and have an Unlimited plan, Verizon will still foot your streaming bill for 12 months.
Apple TV Plus
Cost: $5 per monthFree deal: Buy a new iPhone, iPad, iPod touch, Mac, or Apple TV, and get a year of free streaming. This offer lasts only for three months after the new device is activated starting November 1, and the monthly plan will automatically kick in after the free trial.
HBO Now
Cost: $15 per monthFree deal: In 2017, AT&T announced all new and existing wireless customers with Unlimited Choice or Unlimited Plus plans would receive HBO access free of charge.The offer is still available on AT&T's website, and an AT&T spokesperson confirmed those with the Unlimited and More Premium plan could choose from free HBO, VRV, and other streaming options.
Hulu
Cost: $6 per month for basic, $12 per month for premium, $45 per month for basic plus live TV, $51 per month for premium plus live TVFree deal: Sprint Unlimited customers are eligible to receive free access to Hulu's basic plan, which provides ad-supported streaming content.Students with the Spotify Premium for Students subscription can also set up Hulu accounts on the basic plan for free.
Netflix
Cost: $9 per month for basic, $13 per month for standard, $16 per month for premiumFree deal: T-Mobile teamed up with Netflix in 2017 — the same year AT&T announced its free HBO deal — to offer discounted streaming to family-plan customers. Two years later, T-Mobile still says Netflix is on them, according to its website.New and existing T-Mobile customers with or without a Netflix account qualify for either a free basic subscription through T-Mobile's Magenta plan, or a free standard subscription with the Magenta Plus plan.
BONUS: Amazon Prime Video
Cost: $9 per monthAccess to Amazon Prime Video is automatically included in Amazon Prime memberships, which some customers aren't aware of.
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NEWS-MULTISOURCE
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Maker Pro
Maker Pro
Adventures in Computer Repair, Act II :-)
R
Rich Grise
Jan 1, 1970
0
So, I've got this W2K comp., running some CAD software, and it starts
screwing up. Like, "Unhandled exception" errors and it dumps all of my
work. So, I reinstall the app, and it's still screwing up. So, I decide
to finally run some kind of virus scan, and the machine is all infected.
Well, since I don't have money to buy antivirus stuff, I decided to just
go ahead and reinstall W2K. I'm prepared for this - I have a partition
that has _nothing_ but W2K on it, and a little 64MB (yes, sixty-four
megabytes) partition right at the boot sector. But still, Windoze is
notorious for rewriting the MBR, so I'm a little worried - the FD is
having problems (like, it won't boot off it), and I had to burn a CD to
boot into Slackware Live - or at least, use its boot kernel, for after
W2K trashes LILO.
So, I get all ready to reinstall, and when the setup disk says it's
time to reboot, it booted, of all things, LILO! Windows reassigned
all of my drives: What used to be "C:", the "BOOT" drive, became "F:,"
and "E:", where I had W2K, became "C:"; interestingly, "D:" was still
"D:".
So I have a clean install, and LILO is still in place - W2K apparently
didn't think it was important enough to bother with, or something. :)
Oh, wait! Just before I start all that S/W install, I decided to rescue a
couple of RAM modules from the MB of an office computer I had to fix. I
now have 512 MB of RAM, thank you very much. But, while installing this
"new" used RAM, I burned my finger on the CPU heat sink. WHAT??!?!?
There's NO WAY a heatsink should be that hot. No wonder the computer's
acting flaky! I powered it up, and the CPU fan didn't even turn.
So, I put the thing up on the bench, took the fan off the heatsink of
the salvage unit, and went to slap it onto the top of the existing heat
sink, and the screws weren't long enough - entirely different style of
fan.
So I epoxied it. I also re-gooped the old heat sink (with the fan
epoxied to it). The clip was a bitch to get loose.
Anyway, I've just reached in and felt my heatsink, and it's cool to
the touch. :) Please cue jokes now. ;-)
And, ironically, I was just looking at the old heatsink that I took
the fan off, and it looks like it's exactly the same clip - I could
have just swapped out the whole heatsink assembly. Oh, well, at least
I have a working computer! :)
Cheers!
Rich
A
Ancient_Hacker
Jan 1, 1970
0
Yeo, CPU fans can get pretty bad. Had one where the bronze bearing had
worn to about 150% of its original size!
Also you'll see cheap video cards or motherboiard chipsets with very
tiny, very very crappy fans. The fans can wear out in just a few
months. If it's your lucky day, the fan will get very noisy before it
completely fails.
While you're at it, look over all the other fans, especially the ones
in the power supply. If it's more than three years old you might
consider replacing it with a new, quieter, maybe thermally-controlled
fan. They're really cheap on eBay. If you want it to last a long
time, look for ones that have two ball bearings, not one or two cheapie
bronze oilite bearings. BTW I've seen a few fans labeled "ball
bearing", which, if you peel off that sticker, you can see a brass
bearing underneath.
N
Nico Coesel
Jan 1, 1970
0
Ancient_Hacker said:
Yeo, CPU fans can get pretty bad. Had one where the bronze bearing had
worn to about 150% of its original size!
Also you'll see cheap video cards or motherboiard chipsets with very
tiny, very very crappy fans. The fans can wear out in just a few
months. If it's your lucky day, the fan will get very noisy before it
completely fails.
Reminds me of a PC I had in the office. For some reason Win NT worked
fine, but Win95 crashed after a few minutes. When I opened the case I
found the cause: the cooler had completely fallen of the Pentium Pro
CPU.
J
JW
Jan 1, 1970
0
Totally sucks on my computer (Win98SE). Had a lot of trouble even
uninstalling it. Put computer in^ 'safe' mode. Finally got rid of it
all - I hope. |
|
Luhan |
|
|
There's your problem >------------+
Nobody should still be running that unstable pile of garbage.
M
Mark Fortune
Jan 1, 1970
0
Chance said:
I agree I took off Norton anti virus and went to AVG. I've been
running it for years, never had a problem. Best of all it's free*.
*for non-commercial use.
Seriously though, AVG is a nice little anti-virus. Unlike norton which
is a serious resource hog.
M
~misfit~
Jan 1, 1970
0
JW said:
|
|
There's your problem >------------+
Nobody should still be running that unstable pile of garbage.
I disagree. Win98SE was the best of the bunch of Win 9x OSes. (95 thru ME).
There are some PCs around that don't have the grunt to run XP but are
otherwise still useful. For those who don't want to, or can't due to program
incompatibility, to run Linux, Win98SE is the best choice. (Especially with
the 98SE 'unofficial service pack' that can be found via Google).
J
Jim Land
Jan 1, 1970
0
Win98SE was the best of the bunch of Win 9x OSes. (95 thru ME).
There are some PCs around that don't have the grunt to run XP but are
otherwise still useful. For those who don't want to, or can't due to
program incompatibility, to run Linux, Win98SE is the best choice.
(Especially with the 98SE 'unofficial service pack' that can be found
via Google).
Well, there's the problem. Win 98SE is no longer supported by MS,
meaning there are no patches, no fixes, no security updates. How ya
gonna keep your OS secure?
M
~misfit~
Jan 1, 1970
0
Nico said:
Reminds me of a PC I had in the office. For some reason Win NT worked
fine, but Win95 crashed after a few minutes. When I opened the case I
found the cause: the cooler had completely fallen of the Pentium Pro
CPU.
Win NT has the 'halt' command to help prevent the CPU from idling at 10,000
revs (simplified analogy) whereas 95 does not. Therefore the CPU is
constantly running hotter with 95, spinning it's wheels even when not doing
anything.
D
David Brown
Jan 1, 1970
0
Agreed - Win98SE was definitely the least of those evils. Win95 OSR2 is
not bad either (relatively) - I still have it running on an old machine.
Well, there's the problem. Win 98SE is no longer supported by MS,
meaning there are no patches, no fixes, no security updates. How ya
gonna keep your OS secure?
You keep your Win98SE machine secure the way you keep any windows
machine secure, and it has nothing to do with service packs or patches
(which are about as useful as adding more duct tape to your cardboard
shack). You use a hardware firewall on your internet connection, make
sure your email passes through *proper* filtering, use any browser other
than IE and any email program other than OE or O, and use some common sense.
J
JW
Jan 1, 1970
0
Good program, BUT, from the license agreement: "You must not use the
program in a network or on more than one computer." Since I have three
computers on a home network, this would violate the agreement. Avast does
not have this limitation.
J
joseph2k
Jan 1, 1970
0
NO said:
Well, there's the problem. Win 98SE is no longer supported by MS,
meaning there are no patches, no fixes, no security updates. How ya
gonna keep your OS secure?
Not difficult at all, mine runs behind a Linux firewall with M$OS virus,
spyware, adware, etc., protection. It is really fast on that old 800 with
512 MB of RAM.
M
~misfit~
Jan 1, 1970
0
David said:
Agreed - Win98SE was definitely the least of those evils. Win95 OSR2
is not bad either (relatively) - I still have it running on an old
machine.
You keep your Win98SE machine secure the way you keep any windows
machine secure, and it has nothing to do with service packs or patches
(which are about as useful as adding more duct tape to your cardboard
shack). You use a hardware firewall on your internet connection, make
sure your email passes through *proper* filtering, use any browser
other than IE and any email program other than OE or O, and use some
common sense.
Exactly.
Top
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ESSENTIALAI-STEM
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Page:The Novels of Ivan Turgenev (volume VII).djvu/277
eyes upon him, and said absently, 'I wanted to ask you, Paklin, haven't you any notes of Nezhdanov's or his photograph?'
'I have a photograph... yes; and I fancy rather a good one, in the table. I'll find it for you directly.'
He began rummaging in the drawer, while Snanduliya went up to Mashurina, and with a long, intent look of sympathy she clasped her hand like a comrade.
'Here it is! I have found it!' cried Paklin, and he gave her the photograph. Mashurina, with hardly a glance at it, and without a word of thanks, crimsoning all over, thrust it quickly into her pocket, put on her hat, and was making for the door.
'Are you going?' said Paklin. 'Tell us, at least, where you live?'
'As it happens.' 'I understand, you don't wish me to know, then! Well, tell me, please, one thing any way: are you still working under the orders of Vassily Nikolaevitch?'
'What is that to you?'
'Or perhaps of some other—Sidor Sidoritch?'
Mashurina made no answer.
'Or does some one anonymous direct you?'
Mashurina was already across the threshold
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WIKI
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M4A {CircMLE}R Documentation
Model M4A MLE function
Description
Run Maximum likelihood estimation for model M4A.
Usage
M4A(data, BadStart, nchains, method, niter, lambda.min)
Arguments
data
A vector of class 'circular'
BadStart
An integer to replace the log likelihood when starting parameters of the optimizer fall outside the preset bounds. This is usually set to a large number. Can also be set to Inf, but will result in an error if a method other than "Nelder-Mead" is chosen. (default = 10^9)
nchains
A positive integer indicating the number of chains to run. Only the chain with the lowest log likelihood is returned (default = 5)
method
A character string indicating the optimizing algorithm to use. Either "BFGS" or "Nelder-Mead" are recommended. See ?optim for more details. (default = "BFGS")
niter
The maximum number of iterations for the optimizing algorithm. Equivalent to the 'maxit' control parameter of the optim() function. See ?optim for more details. (default = 5000)
lambda.min
The minimum proportional size of the first distribution. Must be between 0 and 1. (default = 0.25)
Value
A list with elements (same as for function optim()):
$par: Vector with the optimized mean angle (mu1), concentration parameter (kappa1), and proportional size (lambda) of the first distribution.
$lik: The negative log likelihood
$counts: A two-element integer vector giving the number of calls to ‘fn’ and ‘gr’ respectively. See ?optim() for details.
$convergence: An integer code. ‘0’ indicates successful completion (which is always the case for ‘"SANN"’ and ‘"Brent"’). Possible error codes are:
‘1’ indicates that the iteration limit ‘maxit’ had been reached.
‘10’ indicates degeneracy of the Nelder-Mead simplex.
‘51’ indicates a warning from the ‘"L-BFGS-B"’ method; see component ‘message’ for further details.
‘52’ indicates an error from the ‘"L-BFGS-B"’ method; see component ‘message’ for further details.
$message: A character string giving any additional information returned by the optimizer, or ‘NULL’.
Examples
testdata = circular::rvonmises(100, mu = circular::circular(pi), kappa = 3)
M4A(testdata)
[Package CircMLE version 0.3.0 Index]
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ESSENTIALAI-STEM
|
Talk:manducantes
RFV discussion
Supposed to be a Latin noun. Looks like part of the verb manduco: or manducor: to me. SemperBlotto 15:38, 20 March 2010 (UTC)
* Striking. This was speedy-deleted by Mglovesfun back in April. —Ruakh TALK 14:38, 6 August 2010 (UTC)
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WIKI
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Contraceptives
Emergency Contraception
Emergency Contraception is a form of contraception that is used to prevent pregnancy after sex by stopping or delaying the release of an egg from the ovaries. It is recommended to take emergency contraception as soon as possible after unprotected sex. We get it, accidents happen. No birth control method is 100% effective, although many come close. Condoms can break, a diaphragm can slip out of place, or a birth control dosage can be inadvertently skipped. Perhaps you had unprotected vaginal sex despite knowing the risks and weren’t able to pull out in time. In these situations, EC is what you should look for.
If you suspect that any of these things may have happened, be honest with your partner. It may be tempting to keep your suspicions to yourself but sharing your concerns with your partner is the right thing to do. Together, you can prevent becoming pregnant.
Emergency contraception like Plan B – known to some as “the Morning After Pill” is designed for close-calls. People over 17 can get emergency contraception over-the-counter at drugstores or at our reproductive health centers. Emergency contraception pills can be found at local pharmacies, typically on the shelves in the sexual health aisles. If you have trouble finding it, ask a pharmacist for help. Since it is sold on shelves, there is no age requirement to purchase.
Like hormonal contraception, emergency contraception works by releasing a specific amount of hormones into the bloodstream to prevent a woman from ovulating and by thickening the cervical mucus to reduce the chances of sperm entering the uterus. Without ovulation and without sperm entering the uterus, a woman cannot get pregnant.
Unlike hormonal contraception, emergency contraception is designed to be taken up to 72 hours after sex. For the best chance for emergency contraception to work, it should be taken as soon as possible after sex. It should not be used as a regular form of birth control.
Emergency contraception works by delaying or stopping the ovaries from releasing an egg. If you are ovulating, an EC pill will not be effective. While there is not a weight limit, many emergency contraceptive pills will become less effective if you are over a certain weight. Ask a pharmacist or provider which brand would work best for you.
Remember, close-calls are not for your partner to deal with alone. Even if you feel embarrassed, it is best to be honest with your partner about any suspicions you may have. This can prevent an unwanted pregnancy.
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ESSENTIALAI-STEM
|
Use JSONL Not CSV
JSON Can Replace CSV
Seems unusual at first to claim JSON can replace CSV because both file types look entirely different. CSV looks relatively plain and unstructured and is often viewed inside a spreadsheet app. JSON looks highly structured and well organized viewed inside a webapp.
CSV vs JSON File Formats
CSV files contain multiple lines formed from values separated by commas. It’s rigid. CSV expects every nth entry from each line represents the same thing. Think of it as table where each row has all entries for all defined columns.
CSV code snippet
JSON files contain one or more data structures containing a collection of named properties and values. In other words, well-structured objects of arbitrary complexity.
CSV code snippet
JSONL Is the Best of Both
JSONL takes the best ideas of both file formats. Imagine a data file forming JSON into lines. It looks like a file that’s rows and rows of JavaScript objects.
CSV code snippet
JSONL allows a line to have more complicated properties like nested arrays and object. You won't see the equivalent casually done in a CSV file.
JSONL allows for flexibility, resilience, extensibility, and retains a convenient text-based format. Easy for humans to read and write by hand in popular programming editors.
You can imagine it’s incredibly useful for tools that need to process streams of records.
Try Using JSONL in Your Next Project
You’ll find JSONL to be a simple, line-separated format that’s easily readable and writable by command line tools and scripting languages.
JSONL is new to me. I got lucky learning about it doing R&D with OpenAI APIs. They use JSONL formatted training data when fine-tuning the ChatGPT LLM. I'll actively look for opportunities to this file format in future projects. Reach out to me on Twitter and let me know of your success. Let’s do something awesome!
Share on Twitter ➚
Ending logo Mark for this article
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ESSENTIALAI-STEM
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User:TheWolverineScientist500
Hello, I am an editor of wikipedia, and a fan of many things, like criminals, Disney TV shows, movies, and more.
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WIKI
|
Ethernet Products
Determine ramifications of Intel® Ethernet products and technologies
4536 Discussions
Intel(R) Network Connections Drivers reporting the driver size as Gigabytes in add/Remove programs
MDome
Beginner
1,202 Views
when looking at the Add/Remove Programs, as well as Settings/System/Storage/Storage Usage, "the Intel(R) Network Connections Drivers" is reporting (in my case 6 gigabytes) usage.
this is apparently because the InstallDirectory setting in the installer is %systemroot%\system32, and not its own directory, so it gets charged for the whole system32 subtree. when I was looking for stuff to delete from my windows 10 computer, this looked like something was wrong and I should delete it. fortunately, I knew it was a misrepresentation. I strongly encourage you to fix that, because its not very helpful to regular users, and could lead to complaints and confusion.
Mike
0 Kudos
1 Reply
st4
New Contributor III
316 Views
Hi ImNotSerious,
Thank you for the post. What is the driver version and where did you download the driver?
This seems to be an onboard NIC, can you provide also the system used? Thanks.
thanks,
wb
0 Kudos
Reply
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ESSENTIALAI-STEM
|
The Look (album)
The Look is the seventh album by American R&B group Shalamar, released in 1983 on the SOLAR label. It is the last Shalamar album to feature the classic line-up of Jeffrey Daniel, Howard Hewett and Jody Watley, as both Daniel and Watley would leave the group shortly before its release. The album features the Grammy nominated hit single "Dead Giveaway".
The Look peaked at No. 13 on the R&B chart and No. 79 on the Billboard pop chart. Like Shalamar's previous album, Friends, it was more successful in the United Kingdom, where it reached No. 7. The Look was certified Gold in the UK.
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WIKI
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-- Jackman’s Brooding ‘Wolverine’ Leads Weekend Film Sales
“The Wolverine,” the Marvel
superhero film featuring Hugh Jackman , was the top weekend movie
in the U.S. and Canadian theaters, with $53.1 million in sales
for 21st Century Fox Inc. (FOXA) “The Conjuring” dropped to second place from first with
$22.2 million, Hollywood.com Box-Office said today in an e-mailed statement. The teen comedy “The To Do List,” the only
other premiere in wide release, opened in 15th place. The comic-book superheroes from Walt Disney Co.-owned
Marvel, which have proven a reliable franchise for studios in
the past, stumbled as “The Wolverine” missed forecasts. The
film was predicted to take in between $70 million to $75.4
million, according to industry estimates. Fox has released six
films about the X-Men mutants, which include the Wolverine. Chris Aronson, president of domestic distribution for 20th
Century Fox, said the opening was below its predecessor, “X-Men
Origins: Wolverine,” four years ago. “Most sequels tend to open a little bit less than their
predecessors in the U.S., but internationally they tend to open
bigger,” he said. The movie has grossed $86.1 million
internationally, he said, above all prior X-Men openings. The film garnered a 67 percent favorable rating out of 146
reviews aggregated by Rottentomatoes.com. Summer Blockbuster In the latest picture, the brooding Wolverine, also known
as Logan, travels to Japan and becomes entangled in a crisis
involving the family patriarch he rescued from the radiation of
Nagasaki years earlier. The story is taken from celebrated
Marvel Comics episodes from the early 1980s, according to
Bloomberg News critic Craig Seligman . “‘The Wolverine’ offers about the most that you can ask
from a summer blockbuster,” Seligman wrote. “It has enough
story to be involving, and the fights transcend mere machinery.
In its astronomically budgeted, effects-laden way, it’s
appealingly modest.” The film cost about $120 million to produce, according to
researcher Box Office Mojo, and needs about $500 million in
worldwide ticket sales to rate as a success for Fox, according
to Boxoffice.com. That would put it ahead of previous X-Men
movies. The production budget doesn’t include marketing costs.
Studios typically split the proceeds with exhibitors. ‘To Do List’ Fox follows up “The Wolverine” next year with “X-Men:
Days of Future Past,” a film that includes appearances by
Jackman, earlier X-Men stars Patrick Stewart and Ian McKellen ,
and the newer generation of mutants led by Jennifer Lawrence ,
Michael Fassbender and James McAvoy . “The X-Men universe as a whole remains incredibly healthy
and popular,” Aronson said. “You’ll see more X-Men movies
coming.” CBS Corp. (CBS) ’s film division’s “The To Do List” features
Aubrey Plaza as a nerdy high-school whiz kid Brandy Klark who
wants to lose her virginity before heading off to college in the
fall. The film took in $1.58 million in its debut. The film, written and directed by Maggie Carey, also
features “Saturday Night Live” players Bill Hader and Andy Samberg. It was made for $1.5 million, according to Box Office
Mojo, and opened in fewer than 600 theaters. The new Woody Allen feature “Blue Jasmine” opened in
limited release, taking in $102,011 per screen in six theaters
in Los Angeles and New York . The film from Sony Pictures
Classics is a reimagining of “A Streetcar Named Desire.” ‘The Conjuring’ Cate Blanchett plays Jasmine, a woman who married well and
then finds herself impoverished again with the fall of her
Bernie Madoff-like husband, played by Alec Baldwin . Among returning films, the low-cost horror movie “The
Conjuring” from Time Warner Inc. (TWX) ’s New Line Cinema was second.
The movie was made for about $20 million, and is based on the
experiences of real-life paranormal investigators Ed and
Lorraine Warren, whose work included an examination of a
supposedly haunted house that inspired the movie “The
Amityville Horror.” “Despicable Me 2,” the animated comedy hit from Comcast
Corp. (CMCSA) ’s Universal Pictures , fell to third place from second with
sales of $16.4 million in its fourth week of release. The film
has taken in $306.8 million in the U.S. and Canada since its
July 3 opening. Weekend revenue for the top 12 films rose 25 percent to
$158 million from the year-earlier period, Hollywood.com said.
Attendance year to date is down 2.9 percent, while revenue has
declined less than 1 percent. The following table has U.S. movie box office figures
provided by studios to Hollywood.com Box-Office. The amounts are
based on gross ticket sales from July 26 to July 28.
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Template talk:Med-stub
Image
Please use for the image. Thanks. -- Cool CatTalk 14:47, 31 January 2006 (UTC)
* The image has now been changed as the star of life ONLY relates to Emergency Medicine (specifically ambulance pre-hospital care) and is therefore not relevant for medicine as a whole
Template-protected edit request on 13 May 2019
{{edit template-protected|Template:Med-stub|answered=yesPlease remove
ar:قالب:بذرة طب bg:Шаблон:Медицина-мъниче ca:Plantilla:Esborrany de medicina el:Πρότυπο:Ιατρική-επέκταση fr:Modèle:Ébauche médecine lv:Veidne:Medicīna-aizmetnis mk:Шаблон:Медицина-никулец ja:Template:Medical stub ro:Format:Ciot-medicină sl:Predloga:Medicinska škrbina vi:Tiêu bản:Sơ khai y học zh-yue:Template:Medical stub
since all of these interlanguage links are either already included on wikidata (wikidata:Q8554261) or point to pages that have been deleted. Thanks, --DannyS712 (talk) 20:37, 13 May 2019 (UTC)
* {{done}} — xaosflux {{sup| Talk }} 22:15, 13 May 2019 (UTC)
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WIKI
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Talk:Elizabeth Warren/GA2
GA Reassessment
The edit link for this section can be used to add comments to the reassessment.''
Kept The issues raised here all appear to have been resolved. Keeping the Good article status. AIR corn (talk) 00:30, 4 March 2013 (UTC)
* Lots of disruption and reports at various noticeboards about this biography of a living person - multiple reverts going on over a period of time. NPOV issues related to her Cherokee comments and lots of editing changes - article no longer qualifies under GA status - clearly fails WIAGA - 4 and 5 - You really can 07:19, 11 January 2013 (UTC)
* I disagree. "Lots of editing changes" are the norm on Wikipedia. The reverts only apply to one paragraph and there's been significant progress in the last week toward a moderate consensus. There's no edit warring about what to include, just disagreement over the best wording. The article is still stable enough to meet GA. —Designate (talk) 22:13, 12 January 2013 (UTC)
* Also, just a reminder-- part of the GAR process is to notify major contributors and relevant WikiProjects. —Designate (talk) 17:03, 13 January 2013 (UTC)
* There is still large dispute regarding WP:BLP policy content and constant reverting - edit history - fails WP:GA . sorry - You really can 22:01, 18 January 2013 (UTC)
* I have as requested notified all related wiki projects - visible here - and notified the top ten contributors to the article see link - You really can 21:41, 18 January 2013 (UTC)
* I disagree that the GA status is endangered by vigorous changes to the article. The part of WIAGA about stability is for establishing a GA in the first place, not for delisting. Also, I get the impression from the original poster that he is ignoring the admonition at GAR: "The aim is not to delist the article, but to fix it." Youreallycan has complained about general issues but not given specific, actionable criticism. Binksternet (talk) 22:10, 18 January 2013 (UTC)
* There is a WP:BLP edit war repeatedly and over a lengthy period of time and still going on, attacking her claims to have a drop of Cherokee blood in her family - see the edit history of the biography - diffs - see, what is a good article 4 and five - this article fails both - what is a good article - You really can 22:13, 18 January 2013 (UTC)
* I note that you participated in this "edit war" exchange nine days ago. A cynical observer might think that you are exerting pressure by way of this GAR to make sure your preferred viewpoint prevails. Binksternet (talk) 22:21, 18 January 2013 (UTC)
* Actually, it was that single edit and seeing that it was currently a GA that made me realize it wasn't any longer a GA article, and led me to create this reassessment - I am lucky in that I have no preferred viewpoint in relation to this living person or topic. You really can 22:28, 18 January 2013 (UTC)
Like (almost? - I can think of no exceptions) all articles of this type this article is not neutral and is stable only to the extent that the resident claque can keep it so. That the aim might be to fix rather than delist it is irrelevant, as that will never happen so long as Warren inspires partisanship the way she does. GA status is a trophy for the claque, not a deserved plaudit, but Wikipedia dysfunctionality is such that this discussion is almost certainly pointless. Andyvphil (talk) 03:30, 19 January 2013 (UTC)
* Just a question -I noticed she switched from republican to democrat in 1995 but this is not discussed in the article other than the infobox. Casliber (talk · contribs) 05:39, 19 January 2013 (UTC)
* I added that info. The article seems quiet. I believe that a lot of the problem was related to a Republican tea party type blogger that supported Warren's opponent and had been gunning for Warren all last summer. He can't understand why WP will not use his blog for RS but will use the Boston Globe. Unfortunately, his rants were, to some extent, encouraged by experienced WP editors. IMO the entire episode was election politics as usual and her article still devotes way too much coverage to the incident--the voters did not take it as a major issue and she won the election Gandydancer (talk) 23:06, 22 January 2013 (UTC)
* Thanks for your improvement! The article's noise level has settled and it looks as if there is no need to chase down the GAR path. Binksternet (talk) 02:17, 23 January 2013 (UTC)
* Just a general comment regarding the stability and neutrality requirement. The practical purpose of the stability requirement for GA reviewing is to help prevent you reviewing the wrong version of an article. There is no point trying to review an article in the middle of an edit war or one that is likely to undergo major change soon after your review. While it does apply to reassessments too, it usually requires a higher threshold to result in a delisting (Good article reassessment/Taiwan/1 is the only successful community delisting where stability was a major factor that I know of). It needs to be otherwise everytime editors get into an edit war over a good article it would result in a delisting. If there has been prolonged edit warring then there could be a case for delisting, if it is just vandalism reverts or a couple of editors disagreeing about a section I would be inclined to see if it settles down before going the delisting route. Neutrality is a bit trickier, because it is rather subjective. GA doesn't require the article to be perfectly neutral, just not obviously non-neutral (i.e. it is more a range than an exact position). Ultimately, as this is an individual reassessment, it will be down to YRC to decide whether it meets the GA criteria and close it. Note, I have not looked closely at the article and at this toime have no opinion on the merits of the reassessment. AIR corn (talk) 05:42, 23 January 2013 (UTC)
Further comments
The initiator of this reassessment is unfortunately site banned so I will take over it. The stability has improved so I don't think that is a concern anymore. There is possibly some WP:undue going on with the cherokee claims and it would benefit from some editing for brevity. There is also a citation needed tag however that will need to be dealt with if this is to remain a Good article. AIR corn (talk) 11:43, 14 February 2013 (UTC)
* The fact tag was easily settled by naming a reference (Warren's Harvard CV from 2008) and having it appear twice. Binksternet (talk) 16:39, 14 February 2013 (UTC)
* I tried to trim the paragraph, but it was reverted. To me this fails two of the Good article criteria (NPOV and Focus). AIR corn (talk) 19:01, 18 February 2013 (UTC)
* As I said, this blogger has been gunning for her all last summer and its not going to stop either because he believes that she's planning on a run for president next election and he wants to be ahead of the game, so as to speak. Here is his idea of a fair and balanced Warren Wikipedia article: I eventually realized that it was his articles that were generating a lot of the (what I considered) biased editing here. It would be sad to see the Tea Party begin to control which Wikipedia entries are seen as good articles by continuing to disrupt the the ones they don't like. If all one has to say is "Disruption!", it seems easy enough. Gandydancer (talk) 20:55, 18 February 2013 (UTC)
* Wow, clearly these so-called assessments are unfair. There are many of the same people that want to rip out Warren's Cherokee claims. The fact that she cannot provide one single shred of documentation that she is member of the Cherokee Nation means nothing to the people making the statements that the information must be removed. I think it is clear that her supporters want to remove all of the questions about her Cherokee Nation claims. They want to remove the fact that she cannot provide any documentation to support her claim. They want to remove the fact that she only claimed to be Cherokee after she got her first law professor job at the University of Houston. They want to remove the fact that she stopped claiming Cherokee ancestry after she got the Harvard law professor job. They want to remove the Cherokee claims despite the fact that she has never participated in Cherokee Nation cultural activities or Cherokee Nation political activities. They want to remove the Cherokee claims despite the fact that her claims of Cherokee ancestry without a shred of documentary evidence is a great and horrible insult to all actual enrolled members of the Cherokee Nation. Now, as to the false claims of Aircorn on the Warren talk page. Aircorn falsely stated that I need to back off of the article, implying that I am not neutral. Now, that false statement is made even more comical by the fact that Aircorn has decided that he/she is going to "take over" the assessment of the article while at the same time come over to the article and rip out the heart of the Cherokee Nation claims. He/she wants to have his/her cake and eat it too. Aircorn wants to be able to call editors that Aircorn does not agree (but Aircorn is unable to engage in discussions on the substance) that editors that do not agree with Aircorn are biased and not neutral (they are engaing in undue, don't you know?) but remarkably Aircorn can both assess and rip out notable, reliably sourced information from the article that Aircorn deems to the "undue." Man, talk about having your cake and eating it too. Well, looky there Aircorn can call the kettle black all he wants. Who died and put Aircorn in charge???? Aircorn gets to assess the article and Aircorn gets to remove anything that Aircorn deems not be fit for the article AND Aircorn does not have to engage in any discussion on the matter!!!!! To quote your edit summary, Aircorn, "Wow!!!!!"--ExclusiveAgent (talk) 03:28, 19 February 2013 (UTC)
* I didn't actually remove the Cherokee claim and I trimmed information both for and against it. No one died, just got community banned so obviously can't close this. I could have just closed it as abandoned and then started my own reassessment I guess, but this seemed less bureaucratic. I spend a lot of time here working with Good articles, including reassessments (see my contributions or the GAR page), so while nobody put me in charge I would consider myself an experienced Good article reviewer (does not mean that I am right all the time, but I do understand the criteria). I am not going to edit the paragraph again. Either someone will make a convincing case for why it does not give undue weight to this incident or I will delist the article. If the article is delisted (or even kept) you, or anyone else, can challenge it through a community reassessment, where hopefully other uninvolved and experienced editors will give their opinion. That reassessment will be closed by consensus. You might want to consider raising this weight question at this noticeboard or reopening this one. AIR corn (talk) 05:09, 19 February 2013 (UTC)
Of course you are aware that WP also has strict rules re bios as well, and if the incident is brought up at all Warren must be treated fairly. For instance, in your vision of how the incident should be covered the fact that numerous Harvard VIPs insisted that her claim to Native America ancestry had no bearing on hiring her is not necessary to mention. Surely it was not intended that good article status should force editors to leave readers with the impression that Warren must be guilty as charged? Gandydancer (talk) 15:44, 19 February 2013 (UTC)
* Yes and one of those rules is WP:Undue. You seem to be suggesting that this may not even deserve mentioning, therefore if it does get a mention it should only be a short one. There are whole articles worth of information on about Obamas birth yet they are barely mentioned in his article. Same with the conspiracy theories surrounding 9/11 (I know these are extreme examples, I am using them to make a point - i.e that it can be done). The trick is to write this in a neutrally worded way which doesn't draw any more attention to it than it deserves. I don't intend to pass an article I don't think meets the criteria, but I am willing to be convinced that I am wrong in my interpretation (consensus at a noticeboard discussion would be perfect). AIR corn (talk) 22:29, 19 February 2013 (UTC)
* Why are you trying to argue with me? I don't need a lecture on tricks to do neutral writing. I just finished saying it should be short and yet fair. Quit creating problems where none exist. Gandydancer (talk) 01:59, 21 February 2013 (UTC)
* Of course, you should not put words in people's mouths. What I said, which of course is true, is the FurrySings attempted to argue that since a couple of Warren's cousins believe her then there is definitive proof that Warren is a Cherokee. I simple pointed, correctly of course, that it is merely FurrySings opinion and as opinion it does not belong in the article. I never stated that the information should not be presented in NPOV manner. As a matter of fact, we need to be careful chopping and cutting the article up as Aircorn's suggests because we do need to present the information fairly and give both sides and his suggested chopping and cutting does support the notion that information should thorough. I've also noticed that Aircorn seems to be saying and saying over and over again that if the editors of the Warren article do not edit the Cherokee claims section as Aircorn sees fit then Aircorn is going to "delist" it some such thing. Well, "Good Article" assessment process is going to be used a hammer--as Aircorn seems to be suggesting--then I say delist it then. These articles are supposed to be works of consensus and they are not the work of the "Good Article" assessor--who also wants to remove any and all criticisms of Warren. I've also noticed that Aircorn claims to be "not interested" in the article, but Aircorn seems to be doing a whole lot of typing on Wikipedia to push the article in the direction that Aircorn sees fit. If Aircorn is really "disinterested" as he/she claims then shouldn't Aircorn just stick to the job that Aircorn claims to be close to Aircorn's heart, i.e., handling the "Good Article" assessment?--ExclusiveAgent (talk) 18:40, 19 February 2013 (UTC)
* So, it's your position that if all her siblings, several of her cousins (not two as you imply) and childhood friends back her claim, this has no bearing whatsoever on whether she is just made it up. And so we should exclude it from the article because it's just my opinion that it has something to do with her claim? FurrySings (talk) 00:10, 21 February 2013 (UTC)
* No, but I will give points for attempting to put words in my mouth. We should mention that about three out of 400 cousins stated that her claims have validity. What childhood friends? Also, what bearing does the opinion of childhood friends have on anything? The answer is nothing. I agree with you that there should be some mention that some cousins agree her, but what you keep leaving out of the article is the fact that just as many cousins say that is making the whole thing up. It is not for me decide which set of cousins are correct. It is for the reader of the article. It is also not for you and it sure isn't up to an editor that comes along months later and his only interest in the article is to rip out anything that is even the least bit negative about Warren so that editor can slap a "Good Article" sign on his own work. I have to give you props you are basing your arguments for changes to the article on actual facts from news articles whereas Aircorn is merely deciding whether something belongs in the article based upon (what?) length of the article, what he perceives to be a "Good Article" (who knows?). At least you will discuss the topic with me. Aircorn is devoting all of his time on this page ignoring my real, valid concerns and just interacting with editors that support his viewpoint, which is the epitome of POV pushing. His POV is that he wants certain edits to be made in certain ways to the article so that he then can tag the article a "Good Article." He gets to work on the article and THEN give himself an award!!!! And he does this by specifically ignoring facts, as Al Gore says inconvenient facts, such as Warren's own mother and father have not supported her Cherokee claims and there are as many cousins (actually there are more) who say that she is making the whole thing up as there are cousins who support her. You are accusing me of wanting to ignore facts, but it seems to be that Aircorn is the one who is conveniently ignoring facts, Aircorn, who claims that he has no interest in the article and only wants to be a "Good Article" assessor. If Aircorn really wants to be a "Good Article" assessor then he/she should back off and then the process play out and then come and make an assessment. But if he wants to edit the section then he should at least get conversant in the facts of the topic. He can threaten to "delist" all day long. His opinion on whether it should be "delisted" or not will have no effect on the facts of the situation and facts are such that there are family members that say she is making the whole thing up.--ExclusiveAgent (talk) 00:39, 21 February 2013 (UTC)
* I will respond to you if you make a point that I can respond to. Despite your verbosity I am yet to see one. AIR corn (talk) 01:01, 21 February 2013 (UTC)
* Why do you want to rip the fact from the article that Warren's own parents will not support her claims. Why don't you explain why you are advocating for certain edits while at the same time making the claim that you are an "objective" assessor of the article. You are constantly interacting with editors that agree with your opinion about ripping the heart of the Cherokee claims from the article, but it seems that you believe that your stated position is that you will not edit the article puts you in a neutral position. However, you will not respond to my completely on target points about how your bias is clear and convincing because you might not be ripping the article apart any longer, you are encouraging other editors to do exactly that. And you will not respond to my dead on point that your claim of objectivity while completely ignoring my comments about your clear conflict of interests. My critique of your editing has been constant and blatant but all you do is comment on how many words I use. How many words I use is not a valid topic. That's a lame response and frankly I would think you would have a better retort. You only talk about how many words I use because you can't defend your lack of objectivity. You will not response to the obvious and clear conflicts of interest, that I keep pointing out and you keep ignoringl. You attempt to edit and then stop editing but then you tell other editors how you want the article edited. You will not respond to my repeated calling you out for your clear lack of objectivity (while you claim to be objective). You will not respond to my dead on critique of how you are attempting to use your desire to "delist" the article as a hammer to get the article in the shape that you want. You will not respond to my critiques of your attempted gutting of the article about Warren's use of her Cherokee claims to work her way up the law professor ladder--notable, reliably sourced information, that you want to gut or other editors have already gutted.--ExclusiveAgent (talk) 01:19, 21 February 2013 (UTC)
* There is no fact in the article that Warren's own parents will not support her claims. I can't rip something out that is not there. If you look at the edits I made they removed both negative and positive information that I deemed unnecessary. I have gone into much more detail at the talk page why I came to that conclusion. I am not interacting with editors that agree with me (I am sure myself and Gandydancer have strong disagreements when it comes to genetic engineering and possibly other topics), I am interacting with the editors who make reasonable posts. I doubt I can prove my unbiasedness to you. Checking someones contributions is one way to see if any might exist, I have scanned yours and you are more than welcome to look at mine. As far as political orientation goes, if it is really an issue, I am from New Zealand and if anything am center right (haven't voted the last two elections, before that national, before that labour). It doesn't really mean anything here as our right leaning party would be considered socialist by many Americans. The length of posts does make a difference. If you are interested in the politics of this site you might want to go over to Arbitration/Requests/Case/Doncram where a user, amongst other things, is being chastised for making overly long posts at talk pages. There is another one at WP:ANI where the length of posts has been brought up as an issue. I stopped editing because I don't WP:Editwar. I am not telling others how to edit, I was making the case for why I edited it the way I did. That is how it is supposed to work around here. I don't want to delist this article. That was why I made the edit I did, so I didn't have to delist it. Again if you look at my contributions you will see that most of them are aimed at not delisting articles, including ones like this that I have no interest in. However, if I keep this article then it will be my name saying that I think it is Good. I will not do that if I don't think it is. I left a reply above explaining the procedure if you or anyone else disagrees. I will even help them implement it if they want to go that way. Again I don't know where you get the impression that I removed the use of her Cherokee claims to work her way up the law professor ladder as that was not even in the article. This is what I removed:
* Warren said that she was unaware that Harvard had been promoting her Native American heritage until she read about it in a newspaper.
* a statement echoed by her three siblings and several of her cousins, and that she had self-identified as a minority in the law directory listing in hopes of meeting people of a similar background.
* The Brown campaign, called on her to "come clean about her motivations for making these claims and explain the contradictions between her rhetoric and the record",
* and colleagues and supervisors at the schools where she has worked have publicly supported her statements
* There is nothing in the federally required documents that contradicts those statements.
* Charles Fried, a Harvard Law professor who was involved in Warren's hiring, said that her heritage was never mentioned and played no role in the decision.
* Judging from your comments I am not sure you even looked at the version I left or the one that preceded it. AIR corn (talk) 02:18, 21 February 2013 (UTC)
Response to Aircorn by ExclusiveAgent: (1) Aircorn wrote: ''I have gone into much more detail at the talk page why I came to that conclusion. I am not interacting with editors that agree with me (I am sure myself and Gandydancer have strong disagreements when it comes to genetic engineering and possibly other topics), I am interacting with the editors who make reasonable posts. I doubt I can prove my unbiasedness to you. Checking someones contributions is one way to see if any might exist, I have scanned yours and you are more than welcome to look at mine.''
* I don't know your position on genetic engineering and I don't want to. It is not relevant to a conversation about this article. Please do not bring up red herring arguments. (I would not have to write so much if there were zero red herrings thrown into the discussion.) Also, what is relevant to this conversation is the fact that Gandydancer wants to gut the same section of the article as you do.--ExclusiveAgent (talk) 17:13, 21 February 2013 (UTC)
(2) Aircorn wrote: ''As far as political orientation goes, if it is really an issue, I am from New Zealand and if anything am center right (haven't voted the last two elections, before that national, before that labour). It doesn't really mean anything here as our right leaning party would be considered socialist by many Americans.''
* Once again, I don't know the politics of New Zealand. Not that I would not like to learn about the NZ politics, but it is not relevant to this discussion concerning Warren's Cherokee claims. Once again, it is a red herring. I have never stated that you wanted to butcher the Cherokee claims for political reasons. The issue I have is with your focus on a GA assessment and how the Cherokee claims stop you somehow from making a GA assessment.
(3) Aircorn wrote: Comments about how many words I use--the epitome of red herrings.
* I am not going to play this game. I use as many words as I need to. I will not be limited by Aircorn to the number of words that I use. The only limited to the number of words that I use is whether the words that I use focus on actual issues in the articles, not red herrings. Look, the number of words that I have using is completely defensible. I maintain you want to limit my words because you don't like me calling you out on your conflict of interest. You are attempting to limit and control my speech because you have not provided, any where, a defense for your edits to an article that you want to assess and you have not back off your attempts to get others to make the edits that you yourself want to edit. You have not responded to the conflict of interest issue that I keep pointing out--not even the most recent response above. Please stop making edits to the article and please stop telling others how you want the article edited. If you want to do a GA assessment, then let the chips fall as they may and do the assessment. And if you want to edit the article then edit the article, but don't wear one hat as editor and another hat as a GA assessor.
* From the WP:GAR page "The aim is not to delist the article, but to fix it." That is what my aim is. Trying to do that is not a conflict of interest. In fact there are often complaints that re-assessors would rather delist an article than try to fix it (see Talk:Tehran Stock Exchange/GA2 for a recent one). You are welcome to ask at the WT:GAN page, that is where most of the GA reviewers hang out, if you think what I have done is against the process. There is a discussion at the talk page that looks positive, why don't you contribute there. AIR corn (talk) 22:57, 21 February 2013 (UTC)
(4) Aircorn wrote: Again I don't know where you get the impression that I removed the use of her Cherokee claims to work her way up the law professor ladder as that was not even in the article.
* All of the stuff that you want to jettison is what's left over from what editors removed. What you wanted to take out is the positive side of two part discussions. For example, the information about Warren's family's support. There is two sides to that discussion. Yes, a few cousins have stated publicly that they agree with Warren's Cherokee claims and that is the information that FurrySings and Gandydancer allowed to stay in the article. There is another side to the story and that is that neither of Warren's parents have stated that they agree with her Cherokee claims. None of her siblings have stated that they agree with her claims. So essentially what we ended up with in the article is a one-sided depiction of the situation. The reader gets to read about the handful of cousins that support her claims, but absolutely nothing about the larger number of cousins who have flat called her out as a liar and the reader does not read about the fact that none of her immediate family supports the claims. You have come in, long after a discussion about this topic, and clearly picked a side, the side that clearly wants to either only mention the cousins that support her claims or want to completely eliminate the topic all together. That is a fact. There I'm done and used just right number of words. We don't need to call the word police.--ExclusiveAgent (talk) 17:13, 21 February 2013 (UTC)
* ExclusiveAgent, you are not correct when you say that Warren's sibs do not support her claims--they have. Actually, while it is true Warren's actions and statements suggest concerns about her judgement, there has not been one shred of evidence to support Brown's claims that she attempted to use her claimed ethnic background to advance her career or that her employers considered, or in fact were even aware of, her ethnic claim when she was hired. Since it seems that you are presently the only editor that is taking this position, it would seem to me that you are responsible to produce reliable sources to back your accusations or back down and accept that the article does not need extensive coverage of this incident. Gandydancer (talk) 01:36, 22 February 2013 (UTC)
* Please do not state false statements. I am not the only editor that believes that there should more coverage of the Cherokee claims. I am the only editor on this talk page, I agree, if that is your point. However, this page is to discuss whether the Warren article should be assessed as a GA article. In practice though this page has turned into a page where Aircorn tells everyone what his opinion is of the article, he edits the article and then he states that if the article is not edited as he sees fit then he/she will (gasp!) remove it from the GA article category. On this page he has gathered editors who agree with him about gutting the Cherokee claims down to nothing, so it has become an echo chamber of Aircorn's limited opinions. Aircorn admits that he does not have an interest in the topic--other than he wants 98% of references to Warren's disgraceful Cherokee claims removed from the article. Let's go over this again, this page is about Aircorn and Aircorn's opinions, that is all. If you want to debate the article then I would encourage you to go to the talk page of the article and discuss each aspect of the topic. The reason I am here is to point out the conflict of interest of Aircorn and to encourage him to make a choice already: either choose to edit the article (and get up to speed on the facts) or make an assessment/delist, etc. But Aircorn can't do both. You can't assess your own work and you can't use other editors to make the changes that you want and then rate the work. And finally, please name the siblings that support her Cherokee claims and please provide a reliable source to back up your statement. The siblings do not claim to be Cherokee. Her parents do not claim to be Cherokee. Provide a reliable source to back up that claim. Also, provide that reliable source on the Warren talk page because this page apparently is for Aircorn, the self-proclaimed GA assessor of the Warren article.--ExclusiveAgent (talk) 17:51, 22 February 2013 (UTC)
* I have trimmed the section. I left a short note on the talk page but there's not much left to say. Thanks for your assistance AIRcorn. It is good to finally have this resolved (gandy knocks on wood and glances out the window in hopes of seeing a shooting star...) Gandydancer (talk) 01:29, 24 February 2013 (UTC)
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WIKI
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Eubulus (beetle)
Eubulus is a genus of hidden snout weevils in the family of beetles known as Curculionidae. There are at least 200 described species in Eubulus.
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WIKI
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Santa Cruz fantail
The Santa Cruz fantail (Rhipidura melanolaema) is a species of bird in the family Rhipiduridae that is endemic to the Santa Cruz Islands in the Pacific Ocean. It was formerly considered to be a subspecies of the Australian rufous fantail (Rhipidura rufifrons).
Taxonomy
The Santa Cruz fantail was formally described in 1879 by the English ornithologist Richard Bowdler Sharpe based on a specimen collected on Vanikoro in the Santa Cruz Islands. Sharpe placed it with the fantails in the genus Rhipidura and coined the binomial name Rhipidura melanolaema. This was a replacement name for Muscylva pectoralis Pucheran, 1853, that was preoccupied by Leucocirca pectoralis Jerdon, 1843. The specific epithet melanolaema combines the Ancient Greek melas meaning "black" with laimos meaning "throat". The Santa Cruz fantail was formerly considered to be a subspecies of the rufous fantail (renamed the Australian rufous fantail) (Rhipidura rufifrons) but is now treated as a separate species mainly based on the genetic differences.
Three subspecies are recognised:
* R. m. agilis Mayr, 1931 – Nendö Island (west Santa Cruz Islands, southeast Solomon Islands)
* R. m. melanolaema Sharpe, 1879 – Vanikoro (south Santa Cruz Islands, southeast Solomon Islands)
* R. m. utupuae Mayr, 1931 – Utupua (central Santa Cruz Islands southeast Solomon Islands)
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HMS London (1899)
HMS London was the lead ship of the London-class battleship of pre-dreadnought battleships built for the British Royal Navy. The Londons were near repeats of the preceding Formidable-class battleships, but with modified armour protection. The ship was laid down in December 1898, was launched in September 1899, and was completed in June 1902. Commissioned the same month, she served with the Mediterranean Fleet until early 1907. She was assigned to the Nore Division of the Home Fleet for nearly a year before transferring to the Channel Fleet. Rendered obsolete with the emergence of the new dreadnoughts in late 1906, she underwent an extensive refit in 1909, after which she served with the Atlantic Fleet. She was assigned to the Second Home Fleet in 1912 as part of the 5th Battle Squadron, and was temporarily fitted with a makeshift ramp for experiments with naval aircraft until 1913.
Following the outbreak of the First World War, the squadron was attached to the Channel Fleet before London was detached in March 1915 to participate in the Dardanelles Campaign, supporting ANZAC forces as they landed at Gaba Tepe and Anzac Cove on 25 April 1915. She remained in the Mediterranean, supporting the Italian Royal Navy in the Adriatic Sea until October 1916. Returning to the United Kingdom, she was inactive until being converted to a minelayer in early 1918, which entailed the removal of her main armament. She served with the Grand Fleet's 1st Minelaying Squadron until the end of the war. Placed in reserve in 1919, she was eventually broken up for scrap in 1920.
Design
The five ships of the London class were ordered in 1898 in response to increased naval construction for the Russian Navy. The design for the London class was prepared in 1898; it was a virtual repeat of the preceding Formidable-class battleship, though with significant revision to the forward armour protection scheme. Rather than a traditional transverse bulkhead for the forward end of the main belt armour, the belt was carried further forward and gradually tapered in thickness. Deck armour was also strengthened.
London was 431 ft long overall, with a beam of 75 ft and a draft of 26 ft. She displaced 14500 LT normally and up to 15700 LT fully loaded. Her crew numbered 714 officers and ratings. The Formidable-class ships were powered by a pair of 3-cylinder triple-expansion engines that drove two screws, with steam provided by twenty Belleville boilers. The boilers were trunked into two funnels located amidships. The Formidable-class ships had a top speed of 18 kn from 15000 ihp.
London had a main battery of four 12 in 40-calibre guns mounted in twin-gun turrets fore and aft; these guns were mounted in circular barbettes that allowed all-around loading or elevation. The ships also mounted a secondary battery of twelve 6 in 45-calibre guns mounted in casemates, in addition to sixteen 12-pounder guns and six 3-pounder guns for defence against torpedo boats. As was customary for battleships of the period, she was also equipped with four 18 in torpedo tubes submerged in the hull. The tubes were placed on the broadside, abreast of the main battery barbettes.
London had an armoured belt that was 9 in thick; the transverse bulkheads on the aft end of the belt was 9 to 12 in thick. Her main battery turrets sides were 8 to 10 in thick, atop 12 in barbettes, and the casemate battery was protected with 6 in of Krupp steel. Her conning tower had 14 in thick sides as well. She was fitted with two armoured decks, 1 and 2.5 in thick, respectively.
Service history
HMS London was laid down at Portsmouth Dockyard on 8 December 1898, launched on 21 September 1899, and completed in June 1902. London commissioned at Portsmouth Dockyard on 7 June 1902 for service in the Mediterranean Fleet, with Captain James Goodrich in command. Before departure from home waters, she was scheduled to serve as flagship for the Coronation Review for King Edward VII at Spithead planned for 28 June 1902, but the King fell ill and the coronation and review was rescheduled for August 1902, without the London. She thus left Portsmouth in early July, stopping at Gibraltar, and arrived at Malta on 14 July. In September 1902 she visited the Aegean Sea with other ships of the station for combined manoeuvres near Nauplia. While in the Mediterranean, she underwent refits at Malta in 1902–1903 and 1906. Starting in 1905, the ship began to have her 3-pounder guns gradually removed.
In March 1907, London transferred to the Nore Division, Home Fleet, at the Nore, then to the Channel Fleet on 2 June 1908, serving as Flagship, Rear Admiral, Channel Fleet. She underwent a refit at Chatham Dockyard in 1908, which included the transfer of her last two 3-pounder guns from her foremast to her aft bridge and a flying bridge was installed aft. She was paid off there on 19 April 1909 to undergo another extensive refit, which saw the removal of the flying bridge. Her refit complete, London commissioned at Chatham on 8 February 1910 to serve as Second Flagship, Rear Admiral, Atlantic Fleet. Later that year, she had the last two of her 3-pounder guns removed. Under the fleet reorganisation of 1 May 1912, she became part of the Second Home Fleet at the Nore, reduced to a nucleus crew and assigned to the 3rd Battle Squadron.
She collided with the merchant steamer SS Don Benite on 11 May 1912. She transferred to the 5th Battle Squadron and was used in experiments with flying off aircraft from May 1912 until 1913, employing a ramp built over her forecastle which had been transferred from the battleship Hibernia. During these experiments, Commander Charles Rumney Samson—who had made the world's first takeoff from a moving ship in May 1912 from Hibernia using a Short Improved S.27 biplane and the same ramp—repeated his feat by taking off in the same aeroplane from London on 4 July 1912 while London was underway. In 1913, London had her anti-torpedo nets removed.
First World War
Upon the outbreak of the First World War in August 1914, the 5th Battle Squadron was assigned to the Channel Fleet and based at Portland. Their first task was to escort the British Expeditionary Force across the English Channel. A number of experimental paint schemes were tried during the first month of the war but these were quickly abandoned in favour of battleship grey. It was briefly planned to deploy the squadron to replace the ships lost during the action of 22 September 1914 but the orders to transfer to the Medway were rescinded. The squadron transferred to Sheerness on 14 November 1914 to guard against a possible German invasion. While there, London was present when the battleship HMS Bulwark (1899) exploded. London's crew joined in the attempts to rescue survivors. The enquiry into the explosion was carried out aboard London. The squadron returned to Portland on 30 December 1914.
In January 1915, the British and French navies began to draw ships to the eastern Mediterranean to begin operations against the Ottoman Empire, including several ships from the 5th Battle Squadron. By the end of the month, only London, the battleships HMS Queen (1902), HMS Prince of Wales (1902), and HMS Implacable (1899), and the light cruisers HMS Topaze (1903) and HMS Diamond (1904) were at Portland. In March 1915, as the British and French fleets waging the Dardanelles campaign were preparing to launch a major attack on 18 March, the overall commander, Admiral Sackville Carden, requested two more battleships of the 5th Squadron, Implacable and Queen, to be transferred to his command in the expectation of losses in the coming operation. By the time they arrived, the British had lost two battleships in the 18 March attack, prompting the Admiralty to finally disband 5th Squadron and send London and Prince of Wales to join the fleet. Before they departed, they were modified slightly for operations off the Dardanelles, including the installation of a pair of 3-pounder anti-aircraft guns on their quarterdecks and the re-installation of anti-torpedo nets.
London arrived at Lemnos on 23 March 1915, and over the next month, she took part in preparations of the British and French fleet for the landings at Cape Helles and at Anzac Cove, the beginning of the land portion of the Gallipoli Campaign. On her arrival in the eastern Mediterranean, London joined the 2nd Squadron, commanded by Rear Admiral Cecil Thursby. She supported the main landings at Gaba Tepe and Anzac Cove on 25 April 1915. London arrived off the landing beach at about midnight, along with Queen and Prince of Wales; they were tasked with supporting the landing of the 3rd Australian Brigade. London covered the left side of the beach. Over the course of the landing, London and the other covering ships provided covering fire as the ANZAC troops advanced inland and helped to suppress Ottoman artillery.
London, along with battleships Implacable, Queen, and Prince of Wales, was transferred to the 2nd Detached Squadron, organised to reinforce the Italian Navy in the Adriatic Sea when Italy declared war on Austria-Hungary. She was based at Taranto, Italy, and underwent a refit at Gibraltar in October 1915 during her Adriatic service. In October 1916, London returned to the United Kingdom, paid off at Devonport Dockyard to provide crews for antisubmarine vessels, and was laid up. While inactive, she underwent a refit in 1916–1917. The work included removing her main deck 6-inch guns and the upper deck 12-pounder guns and moving four of the 6-inch weapons to the upper deck battery where the 12-pounder guns had been located.
In February 1918, London moved to Rosyth and began conversion to a minelayer. The conversion included removal of all four of her 12-inch (305-mm) guns and her anti-torpedo nets, replacement of her after main-battery turret with a 6-inch gun, and installation of minelaying equipment on her quarterdeck, including rails for 240 mines, and of a canvas screen to conceal the entire quarterdeck from external view. She also received an experimental dazzle camouflage paint scheme. The conversion was completed in April 1918, and on 18 May 1918 London recommissioned at Rosyth for service in the Grand Fleet's 1st Minelaying Squadron. Before the war ended on 11 November 1918, London had laid 2,640 mines in the Northern Mine Barrage.
Postwar
In January 1919, London was reduced to reserve at Devonport as a depot ship and repainted gray. As part of a post-war fleet organisation, she was assigned to the 3rd Fleet there. London was placed on the disposal list at Devonport in January 1920, and on the sale list on 31 March 1920. She was sold for scrapping to Stanlee Shipbreaking Company on 4 June 1920. She was resold to Slough Trading Company, then again resold to a German firm. She was towed to Germany for scrapping in April 1922.
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Page:The Collected Works of Mahatma Gandhi, vol. 2.djvu/151
been able to do so. May I venture to ask if you will be good enough to ascertain, on behalf of Her Majesty’s Indian subjects, under what circumstances they will be allowed to cross the border.
I have, etc.,
M. K. GANDHI
The Pretoria Archives and the Colonial Office Records, South Africa, General, 1897
Letter to "The Natal Mercury" (2-2-1897)
DURBAN,
February 2, 1897
THE EDITOR, The Natal Mercury
SIR,
I venture to offer a few remarks on the Indian famine, regarding which appeal for funds has been made to the British Colonies. It is not perhaps generally known that India is the poorest country in the world, in spite of the fabulous accounts of the riches of her Rajas and Maharajas. The highest Indian authorities state that “the remaining fifth (i.e., of the population of British India), or 40,000,000, go through life on insufficient food”. This is the normal condition of British India. Famines, as a rule, recur in India every four years. It must not be difficult to imagine what the condition of the people would be at such a time in that poverty-stricken country. Children are snatched from their mothers, wives from their husbands. Whole tracts are devastated, and this in spite of the precautions taken by a most benevolent Government. Of the famines of recent times, that of 1877- 78 was the most severe. The famine commissioners thus report as to the death-rate:
* It has been estimated, and, in our opinion, on substantial grounds, that the mortality which occurred in the Provinces under British administration, during the period of famine and drought extending over the years 1877 and 1878, amounted, in a population of 197,000,000 to 52,50,000 in excess of the deaths that would have occurred had the seasons been ordinarily healthy.
The total expenditure during the crisis was over £11,000
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Maduravoyal taluk
Maduravoyal taluk is a taluk of the city district of Chennai in the Indian state of Tamil Nadu. The centre of the taluk is the neighbourhood of Maduravoyal. The headquarters of the taluk is Ambattur division. On 4 January 2018, Chennai district was expanded by annexing Maduravoyal taluk.
Revenue villages and towns
Some of the revenue towns and villages of this taluk are:
* Maduravoyal Firka
* 1) Chettiaragaram
* 2) Nolambur
* 3) Maduravoyal
* 4) Sivapoodam
* 5) Thundalam
* Porur Firka
* 1) Karambakkam
* 2) Nerkundram
* 3) Porur
* 4) Ramapuram
* 5) Valasaravakkam
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Sugar Creek Township, Indiana
Sugar Creek Township, Indiana may refer to one of the following places:
* Sugar Creek Township, Boone County, Indiana
* Sugar Creek Township, Clinton County, Indiana
* Sugar Creek Township, Hancock County, Indiana
* Sugar Creek Township, Montgomery County, Indiana
* Sugar Creek Township, Parke County, Indiana
* Sugar Creek Township, Shelby County, Indiana
* Sugar Creek Township, Vigo County, Indiana
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North is trying to become the Warby Parker of augmented reality glasses
Although few people seem to really want to wear smart glasses or goggles — think Google Glass or Snapchat Spectacles — a startup thinks it’s figured out the recipe to augmented reality success. North, which just rebranded from Thalmic Labs, is launching its first product today, called Focals, with the goal of starting a bunch of Warby Parker-esque stores that’ll sell lots of connected glasses. It’s trying to create the first pair of “everyday smart glasses.” When I meet Stephen Lake, CEO of North, at the company’s new Brooklyn, New York store last week, which was still under construction, he’s wearing Focals. I immediately scan his face to figure out where the display is and settle on a little spot on the right lens of his glasses that looks like a smudge. The photopolymer material that serves as the display location isn’t noticeable for the most part, but when it catches the light, it looks like the glasses need to be wiped down. I came to the store to try out the Focals buying experience for myself and to see what the casual smart glasses fuss is all about. The glasses show wearers a bunch of information from their phone; can call an Uber; and are extremely customizable to the point of requiring a 3D model of each wearers’ face to make them work. Lake and his team took me through the purchasing process, which involves sitting in a dark room surrounded by 16 cameras and one attendant. I had to put my hair back in a cotton headband (that I got to keep!) and line my face up with a pair of software-created glasses on a screen. The cameras then took a bunch of photos simultaneously to create a 3D model of my ears, nose, eyes, and face. I’m sure it’s really attractive! The first scan didn’t work, so the attendant had to put a separate plastic headband on me that helped guide the software to follow my ears. This worked, at last. And now, I could actually try on a pair of Focals. Each Focals pair features a tiny, color laser in the right arm that displays information from your phone over Bluetooth. That laser bounces off a piece of photopolymer material built into the glasses’ right lens, then heads into your eye. It creates a 15-degree viewing area that’s about 300 x 300 pixels. The glasses work more or less the same as Intel’s disbanded Vaunt smart glasses project in that both take advantage of retinal projection, meaning the image they display shines on the back of your retina, which leaves everything in focus. You’ll be able to wear Focals with or without prescriptions or with contacts. Focals won’t work with bifocals, however, and can only handle prescriptions between +2 and -4. North built custom software for the glasses and designed the UI in-house. It’s colorful with slight animations that I think look nice. You can view your messages, send automated responses that North crafted through SMS, call an Uber, get turn-by-turn directions through Mapbox, view your calendar, and check the weather. The image will automatically disappear after three seconds of non-use, which I wish came with the option to be extended, but North’s team likes the idea of non-obtrusive technology that keeps us “centered in the real world.” Each pair has enough battery to last 18 hours, North says, and can be recharged only through their companion case. This case also charges the essential Focals accessory: the Loop. The Loop is a plastic ring with a joystick-like button that looks like any plastic smart ring you’ve seen on the market. It’s bulky and doesn’t look so nice, but it allows wearers to swipe through their glasses’ interface without having to touch their glasses or do something with their head. A ring makes way more sense to me, although again, it’s ugly. You can swipe through your notifications by pushing left or right on the Loop joystick and pressing down to make a selection. You can also use it to trigger Amazon’s Alexa assistant because yes, Alexa is built-in. The glasses have a microphone and speaker inside, so you can issue commands to Alexa and hear responses if necessary. (Amazon was a leading investor in North’s Series B funding.) As far as the actual glasses, they’re stylish enough. They come in two styles and three colors, and each one includes a pair of clip-on sunglass lenses in either black or copper. It’s not a wide range of styles, but they’re definitely nowhere near the nerd levels of Google Glass or even Snap Spectacles. Everything about the glasses has to be customized. Lake tells me North runs a massive factory in Canada where they process orders and fit the frames and lenses to each wearer. Keep in mind that you have to keep the display directly in your line of sight or else it’ll disappear, so those measurements are crucial to the glasses’ success. The demo pair I tried had a couple hiccups, like Alexa not immediately responding to my commands, but I didn’t hate the experience. It’s the most pleasing AR demo I’ve had and is definitely more calming than virtual reality. It feels manageable. That said, I’d be interested to test the glasses at night to see how bright the projector is. I’m also sad I’d have to wear that plastic ring to make the glasses work. And the price is a lot to take in. A pair costs $999, which includes lenses, the prescription, anti-glare coatings, and the fitting. You can apply to use insurance money against it, but still, that’s a lot of cash especially considering that glasses wearers are enjoying owning multiple pairs of cheaper frames. It’ll be for sale at the Brooklyn store or the company’s other location in Toronto, Ontario. Orders will take around two weeks to process once everything is up and running, and the first pairs will go out around the holidays this year, although only in the classic frame. The round frame will ship in 2019, as will prescription lenses. A laser being projected into my retina sounds like a futuristic thing, for sure, and I wouldn’t be surprised if more companies start exploring this space. It’s at least more pleasant than staring at an extremely bright display all day. But I don’t trust that every company is going to value an unobtrusive interface like North says it does. So once the glasses don’t automatically sleep after three seconds, maybe a floating display in front of my face all day won’t actually be so great. Correction 10/23, 8:34 AM ET: A prior version of this article referred to North as North Labs in some instances. We regret the error.
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fastidious
Etymology
From, from , perhaps for *fastutidium, from +. Cf. 🇨🇬.
Adjective
* 1) Excessively particular, demanding, or fussy about details, especially about tidiness and cleanliness.
* 2) Overly concerned about tidiness and cleanliness.
* 3) Difficult to please; quick to find fault.
* 4) Having precise requirements for nutrition and environment (chemical and physical); especially, being difficult to culture because of those requirements.
* 1) Overly concerned about tidiness and cleanliness.
* 2) Difficult to please; quick to find fault.
* 3) Having precise requirements for nutrition and environment (chemical and physical); especially, being difficult to culture because of those requirements.
* 1) Difficult to please; quick to find fault.
* 2) Having precise requirements for nutrition and environment (chemical and physical); especially, being difficult to culture because of those requirements.
* 1) Having precise requirements for nutrition and environment (chemical and physical); especially, being difficult to culture because of those requirements.
* 1) Having precise requirements for nutrition and environment (chemical and physical); especially, being difficult to culture because of those requirements.
Translations
* Asturian: repunu, repunante
* Azerbaijani: vasvası
* Bulgarian: ,
* Chinese:
* Cantonese: 奄尖
* Mandarin:, ,
* Cornish: denti
* Czech: puntíčkářský,, , ,
* Dutch:
* Esperanto: finika
* Finnish:, turhantarkka
* French: ,
* German:, , , , , , , überkorrekt,
* Irish: meonúil
* Italian: ,
* Japanese:
* Maori: manaia, warahoe, whakatarapī, mōkinokino , manaia, uhupoho
* Occitan: meticulós, primejaire,, espepidaire, , manhagós
* Plautdietsch: krakjt
* Polish: ,
* Portuguese: ,
* Romanian:
* Russian:, , ,
* Spanish:, , regodeón
* Swedish: ,
* Ukrainian: вибагливий, прискіпливий, вимогливий
* Azerbaijani: vasvası
* Bulgarian:
* Czech: úzkostlivý
* Dutch:
* Esperanto: minuciosa
* Finnish: turhantarkka,
* French:
* German:, , ,
* Italian: ,
* Latin: fastidiosus
* Maori: whakautiuti
* Occitan:, , , manhagós
* Plautdietsch: krakjt
* Russian:
* Spanish: de la limpieza
* Swedish: ,
* Turkish:
* Ukrainian: прискіпливий,, ретельний
* Azerbaijani: vasvası
* Bulgarian:
* Chinese:
* Mandarin: 難取悅
* Dutch:
* Finnish:, , nirppanokkainen
* French:
* German:, , , mäkelig, , ,
* Japanese:, 好みのむずかしい
* Maori: mōkinokino
* Occitan: exigent, refastinhós,, manhagós
* Polish:
* Portuguese:
* Romanian: ,
* Russian:
* Spanish:
* Swedish: ,
* Turkish: ,
* Ukrainian: вередливий
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Express's stock soars after results beat expectations, upbeat guidance and new buyback program
Shares of Express Inc. shot up 15% toward a 9-month high in premarket trading Thursday, after the apparel retailer reported a narrower-than-expected loss, sales that fell less than expected and provided an upbeat profit outlook. The company said it swung to a net loss of $3.1 million, or 5 cents a share, for the quarter to Nov. 2 from earnings of $8.0 million, or 11 cents a share, a year ago. Excluding non-recurring items, the adjusted loss per share was 3 cents, beating the FactSet consensus for a loss of 9 cents. Net sales fell 5.1% to $488.5 million, but was above the FactSet consensus of $483.3 million, while same-store sales declined 5% to beat expectations of a 6.1% decline. The company expects fourth-quarter EPS of 16 cents to 21 cents, above the FactSet consensus of 12 cents. The company also announced a new $150 million share repurchase program. "While we are certainly not satisfied with our results, sequential improvement over the last two quarters, and throughout the third quarter is compelling evidence that the immediate changes we have been able to make to our product, merchandising and marketing approach are resonating with customers," said Chief Executive Tim Baxter. The stock has soared 86% over the past three months through Wednesday, while the S&P 500 has gained 4.6%.
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Top Outdoor Winter Essentials For Minnesotans « WCCO | CBS Minnesota
January 24, 2012 8:30 AM Photo Credit: Thinkstock.com By Sasha Westin We all know that winter weather means we'll be layer up and hibernating most of these cold months. But it is also an essential time to protect bits and pieces from the harsh winds and cold when we do venture out. My list of essentials are a mix of form, function, necessity and back ups. Yes you heard me back ups extra pairs of everything you can throw in your bag or have in your car just incase. Hats (credit: Thinkstock.com) Hats go a long way when it comes to holding body temperature. Wool is always a solid choice for every day – from newsboy caps to toques – while fleece and fur hats are an excellent choice for below-freezing temperatures. If you are outdoors for extended periods of time, opt for a hat that will protect the sensitive skin around the ears. Fedoras and berets will always stand the test of time. Keep a back up or extra hat in your purse for those times when you are either rushing out the door or think it's not that cold out. Shop for hats at department stores like Macy's for a wide selection; discount designer stores like Opitz or resale stores like NuLook. Scarves (credit: Thinkstock.com) Wrap yourself up in warmth, inside or outside, with a scarf that adds a pop of color to an outfit or dark coat. Opt for one that feels soft against your skin, does not shed and is proportionate with your body size (for example, taller people can wear bulkier knits). Tassels and fringe can add a touch of style and can also signal a scarf that needs to be replaced. Keep an extra scarf at the office in solid colors that will go with most of your outfits. Shop for a plethora of scarf options at Target, Marshall's and department stores like Herbergers. Coats And Jackets (credit: Thinkstock.com) Coats and jackets are a no brainer, at minimum, I recommend two items – one for weekend and one for work. Your weekend piece will be primarily practical for errands and outdoor activities while your work piece will be dressier and pair more appropriately with professional clothing. You can really never have too many winter coats or jackets; one's that extends beyond the waist will work best. Opt for one that fits close to the body over a layer or two for the most flattering look. Land's End and department stores like Nordstrom Rack carry quality outerwear that will last for years while consignment and vintage shops have a smaller selection at bargain prices. Gloves (credit: Thinkstock.com) You honestly can't have too many pairs of gloves, I have extra pairs in my purse, car, at the office, in a basket by my front door. They are critical for activities that require active hands including driving, snowball fights and holding children's hands. A leather glove will hold in warmth, last for years and add a polished look. A plush glove is looks pretty but may not be as warm unless you splurge for a special lining like Thinsulate. Bulky gloves can offer a lot of warmth but are not as functional. Fingerless gloves are an excellent item if you spend your days in a cooler indoor temperature and/or for using gadgets that require a warm touch. Gloves of all kind and price ranges can be found everywhere from department stores like Kohl's and JCPenney to local specialty shops like StyledLife and MartinPatrick3. Hand Lotion (credit: Thinkstock.com) It is always nice to shake hands with someone who takes care of their skin. A good hand lotion will prevent cracked, scaly looking hands and chapped skin that we all have in the winter. Opt for a creamy consistency that does not leave grease marks behind. A light scent or unscented lotion is best for office environments, travel size locations can easily fit in your purse or glove compartment. For an extra healing treatment try using Vaseline and gloves overnight, it works wonders. Delicious lotions from Minnesota-based companies J.R. Watkins, Thymes, Aveda and more can be found in specialty shops and malls. Sasha Westin, Personal Style Concierge and owner of Fabuliss, helps you feel confident looking successful with the right outfits. Get style advice, see client results and learn how to connect at Fabuliss.com. Watch & Listen LIVE
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Functional and Cosmetic Rhinoplasty
Reconstructive nasal surgery involves combining several operative procedures to correct both internal and external problems with the nose. The most common surgery is a Septoplasty which corrects a crooked or “deviated” nasal septum. The septum is the internal dividing wall between the two sides of the nose and is made up of both cartilage and bone. When crooked, it can cause nasal obstruction on one or both sides of the nose, contribute to problems with sinus infections and worsen allergy symptoms. Septoplasty is often combined with a Turbinoplasty surgery, where the inferior nasal turbinate is made smaller, which further improves nasal breathing.
When there is both an internal and external deviation of the nose, often from prior trauma or an injury, then a septoplasty may need to be combined with a Rhinoplasty operation. This type of rhinoplasty is called a Functional Rhinoplasty. The operation will attempt to straighten a crooked nose and the internal deviated septum to improve nasal function, i.e., breathing. Additional measures such as restructuring (grafting) cartilage to make the nose stronger and straighter may be needed. Conveniently, this cartilage is taken from the nasal septum itself and repurposed for functional enhancement (better breathing). In some situations, additional cartilage may need to be borrowed from the patient’s ear(s) if the septal cartilage is insufficient or the patient has had prior nasal surgery. This does not change the shape or function of the ears. Functional rhinoplasty is performed through an “open” approach where a small incision is made on the outside of the nose just between the nasal tip and upper lip in an area called the columella. This incision heals extremely well and is very difficult to identify once completely healed. This is an outpatient surgery and is performed under general anesthesia. Most patients can return work and some light activity after one week. Complete healing takes several months.
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ESSENTIALAI-STEM
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2008 in anime
Events in 2008 in anime.
Events
In this year, 288 anime television programs were produced and home video sales of anime DVDs, Blu-ray Discs and HD DVDs in Japan were worth 77.9 billion yen. Animation studio 8-Bit was founded in September.
Accolades
At the Mainichi Film Awards, The Sky Crawlers won the Animation Film Award and Ponyo won the Ōfuji Noburō Award. Ponyo also won the Japan Academy Prize for Animation of the Year; the other nominees were Doraemon: Nobita and the Green Giant Legend 2008, The Sky Crawlers, Detective Conan: Full Score of Fear and One Piece - The Movie: Episode of Chopper Plus: Bloom in the Winter, Miracle Sakura. Internationally, La Maison en Petits Cubes won the Academy Award for Best Animated Short Film and Le Cristal d'Annecy at the Annecy International Animated Film Festival. Sword of the Stranger was nominated for the Asia Pacific Screen Award for Best Animated Feature Film. Ponyo and The Sky Crawlers were in competition for the Golden Lion at the 65th Venice International Film Festival.
Films
A list of anime that debuted in theaters between January 1 and December 31, 2008.
Television series
A list of anime television series that debuted between January 1 and December 31, 2008.
Original net animations
A list of original net animations that debuted between January 1 and December 31, 2008.
Original video animations
A list of original video animations that debuted between January 1 and December 31, 2008.
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Page:The Spirit of Russia by T G Masaryk, volume 2.pdf/270
244 God-humanity (by which he meant, the united church universal). But none the less for Solov'ev the Russian people and the Russian state were the chosen theocratic people and the chosen theocratic state.
Contrasting nationality with nationalism, Solov'ev fiercely attacked the nationalism of the younger slavophils. He considered that Russian nationalism had exhibited three stages. The early slavophils prostrated themselves before the nation as the chosen bringer of universal (religious) truth. Next came Katkov, who saw in the nation the elemental vital energy which was independent of universal truth. Last of all came the chauvinistic obscurantism of late date (he was referring to the era of Alexander III), when people paid homage to the national one-sidedness and the historical anomalies by which the Russians were kept separate from civilised mankind. Katkov was the nemesis of the slavophils; recent obscurantism was the nemesis of Katkov. Solov'ev went so far as to say that slavophilism had declined to the level of "national and political blackmailing." He condemned Jaroš, professor at Moscow university, who proposed to supplement Katkov's program by the apotheosis of John the Terrible as the first and most exemplary Russian, Orthodox, and Tsar. Whilst Katkov had taken his crude politics from de Maistre, Katkov's successors contented themselves with a caricature of de Maistre (Bergeret, Principes de politique); in like manner, Danilevskii borrowed his leading idea from Professor Rückert, a German. This alleged primal Russian slavophilism was in fact unrussian and foreign. Solov'ev's definitive formula was that we should love all other nationalities as we love our own.
From this outlook we must consider and appraise Solov'ev's own views concerning the Poles and the Jews. He gave due recognition to the valuable religious inheritance of these two peoples, who were wher he wrote more hostile to the Russians than any others. The Poles and the Jews, he declared must lend aid to the Russians. The messianism of the "theocratic nation" was not a source of privilege, but involved duty and service; it did not give any right to dominance or hegemony. True patriotism, said Solov'ev, was to be found in national self-knowledge, not in national self-complacency, whereas the nationalists had reduced the slavophil idea of messianism to the level of zoomorphic, zoological patriotism. True patriotism involved conviction of sin and confession.
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WIKI
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ORNITHINE is a nonessential amino that provides a unique benefit: it acts as an ammonia(NH3) scavenger. High levels of NH3 during training can cause severe fatigue. In this study, the researchers observed significantly lower NH3 levels in the participants taking the BCAA/ORNITHINE mix vs just BCAA alone.
They also made the following conclusion: "the ORNITHINE group displayed shorter multiple-choice reaction time at the end of strenuous exhaustive exercise and faster return to the pre-exercise resting values were observed only in the BCAAs plus ornithine aspartate trial." The dose in the study was 6g. Bottom line: if you find yourself getting easily fatigued during your workout, adding ORNITHINE with your intra drink might help alleviate this due to its ability to bind to NH3 and eliminate it.
Glutamate and Citrulline can also help eliminate NH3 from the body, which may be in excess during intense training
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ESSENTIALAI-STEM
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paleoedge sports and protein
Are You Getting Enough Protein?
Protein and the branch chain amino acids (BCAA’s) help repair and build muscles, maintain the immune system, manufacture enzyme and hormones, replace old red blood cells to carry oxygen to muscles, and act as fuel as a last resort. Protein converts to glucose more slowly than carbohydrates, while slowing down the absorption of carbohydrates in a meal. When healthy fats like avocado and fiber-rich vegetables are added to the meal, the absorption rate is slowed down even more – which helps maintain blood sugar and energy levels. If you find yourself sluggish, irritable, slow to recover and progress, and constantly catch colds, you are probably protein deficient and/or overtraining.
Your Best Sources of Protein
Your best protein sources are pastured eggs, wild salmon, wild crab, oysters, herring, elk, venison, boar, buffalo, grass-fed beef, lamb, goat, chicken, turkey, duck, grass-fed dairy, lentils, chickpeas, nuts and seeds. Grass-fed whey protein can be used as for post-workout purposes and when you are limited on time for breakfast.
How Much Protein Do You Need?
Your protein intake will depend on your training schedule and individual needs. For precise protein in grams, the formula is 0.8 to 1.0 per pound of lean body mass (calculation subtracting body fat percentage in pounds). Excess protein is converted to glucose, adding more stored glycogen. For example, if you weigh 165 pounds and have 12% body fat, you would calculate 12% of 165lbs = 145 (165-20). Then you would multiply 0.8, 0.9 or 1.0 based on your activity level (think easy, moderate, hard). If you are training hard 6 days a week, you would need to consume 145 grams of protein (145×1.0) on a daily basis.
What would this look like?
4 eggs: 24 g
1/4 cup of almonds: 8 g
1/4 cup pumpkin seeds: 8 g
1 cup of full fat yogurt: 10 g
8 oz. grass-fed steak: 48 g
1 cup broccoli: 4 g
1 cup spinach: 5 g
6 oz. wild salmon: 38 g
What if You Don’t Know Your Body Fat Percentage?
Men and women have different body fat percentages, putting men on the higher end of protein intake and women on the lower end. You also have to take into account bio-individuality when determining your protein tolerance and creatine needs from red meat, which can better assessed through genetic testing.
If you do not know your body fat percentage, you can get an estimate with a few measurements here: http://www.active.com/fitness/calculators/bodyfat
Can You Get Too Much Protein?
While most athletes are usually not getting enough protein, you can get overzealous and take in more than is required by your body. The only time I have seen this happen was with protein powders that had extremely high protein contents that were consumed throughout the day on top of 3-4 large meals. Excessive protein intake through protein powders does not increase results, may increase body fat storage, and rapidly depletes vitamin A. The best way to hit your target is to get adequate amounts for your body weight at breakfast, lunch, snacks, dinner and from one-two recovery protein shakes. This will cover your needs.
Sports Nutrition 101: How to Shop for Protein
seafood protein 101 paleoedgeSeafood
Seafood should only be wild, never farmed. Farmed fish are fed grain, soy (sound familiar?) and even animal feces fed to shrimp and scallops coming from China. Choose wild salmon, halibut, crab, oysters, small Albacore tuna, herring, sardines and from pristine waters like Alaska.
Avoid swordfish, shark, tile fish and king mackerel because their mercury levels are too high for human consumption. When selenium outnumbers methylmercury -as is the case with smaller fish-mercury is safely moved out of the body. In larger fish like shark, mercury outnumbers selenium along with high levels of PCB’s and other contaminants and can be very dangerous.
The best place on the planet to buy wild fish that has been tested for low contamination is Vital Choice.
Eggs
Eggs can can change dramatically based on their source.
The Omega-3 and Omega-6 fatty acids exist in an pastured eggs paleoedgealmost one-to-one ratio in eggs from chickens roaming out in the sun and hunting for bugs and worms; but in eggs from chickens fed only grain indoors, the Omega-6 content can be as much as 19 times greater than the all important unsaturated Omega-3. Why is this so important for the athlete? Omega-3‘s play a crucial role as an anti-inflammatory and are one of the most important parts of recovery. Omega-6‘s on the other hand will promote inflammation in excess and prolong the recovery process. In addition, there is 4-6 times less vitamin D in eggs from factory farms. Other very long-chain and highly unsaturated fatty acid – necessary for the development of the brain – are found in properly produced eggs but are almost wholly absent in most commercial eggs.
When compared to the USDA’s nutrient data for conventional eggs coming from chickens confined in factory farms, the eggs of pastured hens usually contain:
1⁄3 less cholesterol
1⁄4 less saturated fat
2⁄3 more vitamin A
2 times more omega-3 fatty acids
3 times more vitamin E
7 times more beta carotene
4 to 6 times more vitamin D
“Pastured” eggs are going to be the top choice, however these eggs have become expensive in grocery stores so it’s best to buy them from farmers’ markets. The second best choice will be “free range omega-3 eggs” where the chickens have been given flax seeds along with their feed. The third best choice would be any free range or “fertile” eggs.
Grass-Fed Meat, Dairy, CLA and Muscle Mass
Congugated linolenic acid is found in grass-fed lamb, grass-fed beef and grass-fed dairy. In fact, it is up to 500 percent higher in grass-fed meat and dairy. CLA helps glucose get into muscle cells for effectively, which prevents glucose from being converted to fat, while helping fat enter cell membranes of muscle and connective tissue where fat is burned for fuel. This is why grass-fed meat is so effective at building healthy muscle mass while shrinking waist lines. Grass-fed meat and feedlot meat are not equivalent.
Don’t forget to include grass-fed liver, heart and bone marrow into your diet. If you look at the B12 levels in liver and heart and compare them to muscle meats, you will see why so many people are deficient in absorbable B12. Liver is a powerhouse of of vitamin A, D, folate, B12, zinc, selenium and numerous other nutrients. Heart is a brickhouse of B12, selenium and CoQ10. Bone marrow is an unbelievable source of choline (protects all your cell membranes and prevents fatty liver) K2 (prevents calcium from entering the arteries), healthy fat, and alkyglycerols (found also in shark oil and known for its immune building properties).
Every few months I go to US Wellness Meats, and stock up on grass-fed liver, heart, bone marrow and pastured lard because I can’t find any of these where I live.
Grass-Fed Grain-Fed
2-4x more anti-inflammatory Omega-3 fatty acids Contains up to 10x more Omega-6 fatty acids (pro-inflammatory, weight producing)
Lower toxic load due to cleaner environment Grain-fed meat has a higher fat content and toxic load
Up to 500% higher in muscle building CLA Low CLA levels and high omega-6 fatty acid levels contribute to higher abdominal fat (predominate in metabolic syndrome and increased insulin resistance)
4x higher in vitamin E than feedlot cattle and almost 2x higher than cattle given synthetic vitamin E Vitamin E is crucial for a healthy cardiovascular system, and a deficiency can affect heart function
Higher in B-vitamins, calcium, magnesium and potassium B vitamins are important for a healthy metabolism, and a deficiency can affect muscle loss and low energy levels
No antibiotics, hormones or unknown feed given Antibiotics, hormones and questionable feed given
How to Choose Grass-Fed Whey Protein
See my article on the best and worst whey protein powders here.
Shopping for Nuts and Seeds
nuts and seeds paleoedge
Choose sprouted or raw nuts and seeds in sealed bags, ideally kept in the refrigerator. Avoid getting both out of bins where there is a higher risk of mold. I place a special interest on pumpkin seeds for zinc, sunflower seeds for vitamin E, and chia seeds for multiple minerals and endurance. Macadamia nuts have the unique B17, pistachios have a higher percentage of B6, walnuts a higher source of omega-3 fatty acids, and almonds are a good source of calcium.
Shopping for Lentils and Chickpeas
You probably saw Paleo at the top and thought I eschewed legumes and beans. No, I have always included these two with athletes because they are nutrient dense, useful and easy to digest. Lentils are often a forgotten source of protein, folate and molybdenum, and provide a sustained energy source. A lentil based bar was actually studied for its superior results in endurance athletes. Choose lentils in sealed bags and soak in water for 12 hours. Drain the water and place in a well lighted place for another 6-12 hours until it starts to sprout. Cook in water or broth for 20 minutes.
Chickpeas, also known as garbanzo beans, are an excellent source of protein, folate, manganese and many other nutrients. Hummus is the best way to consume these. When buying hummus, choose ones that are olive oil based only, not canola oil based.
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ESSENTIALAI-STEM
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Rush Turns Down ‘King’s Speech’ Planned for Broadway Next Year
If “The King’s Speech” comes to
Broadway next season as planned, it won’t be with the two stars
of the Academy Award -winning hit movie. Producer Michael Alden said Colin Firth and Geoffrey Rush
would not reprise their roles as the stammering Duke of York and
the speech therapist who treats and befriends him. Firth won an
Oscar and Rush was nominated for best supporting actor, losing
to Christian Bale . In an interview Thursday, Rush said that reading the play
three years ago helped persuade him to do the film. Writer David
Seidler, who overcame stuttering himself, wrote the script
before he completed the screenplay. “I know David Seidler would like me to do the play,”
Rush, 59, said at a benefit for the Brooklyn Academy of Music ,
where he was winding up his run in the title role of “The Diary
of a Madman.” “I have to keep myself alert and diversified.
I’m getting older and I have to be open to other
possibilities.” Rush also cautioned against an immediate stage production.
“They have to let the film mellow with the audience,” he said. Alden, a co-producer of the musical “Grey Gardens,” is
trying to raise $3.5 million to present the play, according to a
Securities and Exchange Commission filing. Premiere in U.K. He hopes to open the play in the U.K. before coming to
Broadway, according to a person briefed on the production’s
plans. The minimum investment for a producer’s credit is
$280,000, which can be shared by two people, the person said. It’s unusual for a play to be adapted from a recent movie.
Musical adaptations are more common. Much of the plot and
dialogue of the nine-character play “ The King’s Speech” is
identical to that of the movie, according to a draft obtained by
Bloomberg. Alden declined to discuss his plans in detail. He said that
Adrian Noble, a former artistic director of the Royal
Shakespeare Company , has committed to direct. Seidler told
reporters in Los Angeles after the Screen Actors Guild Awards on
Jan. 29 that the play is headed to the West End in late 2011. The movie has sold over $300 million of tickets worldwide,
according to researcher Box Office Mojo. Baz Luhrmann, an
Australian director (“Moulin Rouge”) who also attended the BAM
benefit, said comparisons between the play and film will be
inevitable. “It’s all about how good the production is,” he said.
“Seeing a great production of anything compels people to the
theater.” Filling Rush’s and Firth’s shoes will be a top challenge,
said the veteran Broadway producer Emanuel Azenberg. “These performances resonated,” Azenberg said. “You knew
within 15 minutes that you were in good hands. The actors in the
play would have to match that.” To contact the writer on this story:
Philip Boroff in New York at
pboroff@bloomberg.net . To contact the editor responsible for this story:
Manuela Hoelterhoff at
mhoelterhoff@bloomberg.net .
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NEWS-MULTISOURCE
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Discover new exceptional pricing on Arizer
Down in the dumps? Low dopamine levels and you
When you wake up each day with that terrible Monday morning feeling, something is wrong. Unless you’re the grumpiest person on the planet, you probably shouldn’t feel like you’re in a bad mood all the time.
If you’re also tired, unable to experience joy and have a hard time concentrating on things, you may be dealing with dopamine deficiency.
The dopamine reward
Dopamine is a neurotransmitter. The mystery of dopamine still hasn’t been solved completely, but we know it plays a pretty big part in the pleasure and reward mechanisms of your brain, together with serotonin.
Dopamine is released when good things happen and makes you feel all tingly inside. Your body is telling you that did a good thing with a nice "good job, champ".
A 'good thing' could be anything from sex, making an especially good deal at work, to eating good food or playing slot machines (cunningly designed to give you an occasional rush, to keep you coming back for more).
Serotonin & dopamine - technically the only two things you enjoy
So dopamine is supposed work as a natural motivator. You achieve something, you get a reward. This helps you to keep discovering new things, even if it’s as basic as "this food is yummy".
On a fundamental level, we're all thrill-seekers. But certain things and especially certain substances can wreak havoc on your natural dopamine levels.
Drugs & dopamine
Drugs such as cocaine and methamphetamines increase the amount of dopamine in the brain, which is where much of the euphoric high comes from. You feel great even though you didn’t really do much to earn it. You slacker.
Your body is telling you that did a good thing with a nice: good job, champ
That rush is nevertheless very addictive. But take too much and you may end paying a high price in the form of coping with really low dopamine levels afterwards.
We love a good party as much as the next guy, but it would be nice to be able to experience joy the rest of the week too. So what can you do?
Putting the DO back in dopamine
Luckily there are things you can do to get rid of those feelings of hopelessness and wrestle back control over your mood. One of the basic building blocks of dopamine is the amino acid tyrosine. Without it, you can’t make dopamine. The following foods are known to increase dopamine:
Almonds, avocados, bananas, green tea, low-fat dairy, meat and poultry, lima beans, sesame and pumpkin seeds. Eating chocolate is also known to make you feel good, but careful you don’t overdo it.
You can also try tyrosine supplements. Azarius offers two varieties: L-Tyrosine 500 mg/B6 and L-Tyrosine 500 mg.
What else can you do?
But there’s more you can do than stuff your face with food or supplements. The most important thing to realize is that it may not happen on it's own. You have to fight for it!
• For one, take a break from all drugs and alcohol. If it messes with your happiness in the long run, it’s not worth it.
• Go to bed earlier and making sure you get at least eight hours of sleep every night.
• Exercise more regularly. Many people find that sports and athletic achievements give their own special rush.
• Try to undertake more activities that make you feel happy. Get out of the house and just go do something that makes you happier. Whether it’s doing things with friends or just by yourself.
• Set goals, however small, and reward yourself if you can achieve these goals.
Go to bed earlier and making sure you get at least eight hours of sleep every night
Finally, if none of this helps and you’re still feeling down more often than not, you may be dealing with a depression. Don’t let it cast a dark shadow over your life. Consult a healthcare professional.
And if nobody ever tells you this, we will. You are awesome. You deserve to enjoy every last bit of life!
Source / read more
Reset.me - Dopamine Deficiency And Your Mental Health
Azarius Encyclopaedia: After Party Detox
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ESSENTIALAI-STEM
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Unmarried, Happily Ever After
Being single isn’t a bad thing. In fact, many women prefer it. Despite the increasing number of dating apps, matchmakers, and love advice designed to facilitate romantic connections, many women are opting out of relationships. Instead of moping over singledom or aggressively trying to find partners with arbitrary deadlines in mind, they are declaring to be happily unmarried and proudly find solace in living solo. Danielle Clare, 31, a physical therapist in Washington, ended a two-year relationship with her live-in boyfriend last year. “It was honestly one of the best decisions that I’ve made,” Ms. Clare said. “Finding what makes you happy is the most important thing.” More than seven months after her split, Ms. Clare has settled into her new life, where she now enjoys yoga classes, seeing friends, or staying in on a Friday night watching the series “Outlander,” rather than going out on dates. She also cherishes her sleep. “When you’re feeling someone out and starting to spend the night together, you don’t sleep well,” she said. “A few years ago, I would have been like, ‘of course, sleep over. No big deal.’” Now, she chooses to work out in the morning, make breakfast or sleep in if she so desires. “A lot of times in relationships, you need to make sacrifices,” said Genesis Games, a therapist in Miami. “You don’t have any sacrifices to make when you’re on your own. You make all the decisions. If you feel like you want to change your friends, you want to move, you want to start from zero — whatever you think is a radical change that’s needed in your life — you have the full liberty to do that and not worry about anyone else.” [Sign up for Love Letter and always get the latest in Modern Love, weddings, and relationships in the news by email.] In November, the actress Emma Watson, 29, spoke to British Vogue about being single. “I’m very happy. I call it being self-partnered.” In the same interview, Ms. Watson described the stress she felt before adopting this notion. “There is suddenly this bloody influx of subliminal messaging around. If you have not built a home, if you do not have a husband, if you do not have a baby, and you are turning 30, and you’re not in some incredibly secure, stable place in your career, or you’re still figuring things out … There’s just this incredible amount of anxiety.” Even outside monogamy, casually dating, courtship and chasing potential love interests take energy and time. “When you’re not seeking partnership, you are in a very relaxed calm inner space and generally more comfortable with who you are,” said Carla Manly, a clinical psychologist who specializes in relationships and self-awareness, who is based in Santa Rosa, Calif. “You’re not trying to impress anyone and you’re not trying to please anyone, except that inner being.” Dr. Manly says that for centuries, men and particularly women were raised to believe they are more valuable when married. This concept remains prevalent, despite people having a more relaxed attitude about marriage. (In the 2012 General Social Survey, more than half of adult Americans reported that getting married is not an experience they consider important to becoming an adult.) “If you look at social media, movies or any messages out there, many of them are oriented toward the happy family and the happy couple,” Dr. Manly said. “You’re coloring your hair so you can get the perfect partner. You’re taking the medication so you can walk on the beach with your partner. There are these overt and subliminal messages that being partnered is the ideal.” On Instagram, more than 12.9 million posts utilize the hashtag #engaged. Many of these photos feature up-close pictures of diamond-clad left ring fingers. On the other hand, #single is used more than 17.9 million times, #singlewoman has more than 96,100 mentions and #singlegirl is featured in more than 915,000 posts. In 2016, 110.6 million U.S. residents 18 years and older were unmarried. Women accounted for 53.2 percent of these individuals, according to the United States Census Bureau. In support of the unattached population, the Instagram account @notengaged (which has 164,000 followers) depicts what life is like without an engagement ring. The account’s creator, Mary McCarthy, 31, of Astoria, Queens, has uploaded more than 800 pictures of her bare left ring finger while on vacation, at home with wine, at the movie theater, and in other locations since September 2016. “There are times that I’m posting pictures of my far-flung adventures, but there are also times that I’m posting cleaning my tub on a Saturday night, because that’s real life — no matter if you’re coupled up or not,” said Ms. McCarthy, who is unmarried and also #notengaged. On New Years Eve 2018, an Instagram post featuring Ms. McCarthy’s jewel-free left hand in front of a Christmas tree garnered more than 8,800 likes and about 500 direct messages. “People were like, ‘I’m celebrating New Year’s on the couch, too. I’m by myself, and I’m totally fine,’” she said. Beyond couple-centric holidays, Ms. McCarthy says she’s received “overwhelmingly positive” feedback from her audience which is 96 percent female. In addition to the Instagram page, Ms. McCarthy created a fake wedding website via The Knot, where she details her relationship with herself (and tacos) and requests actress Anne Hathaway attend an imaginary Dec. 31, 2022 wedding as her flower girl. (For context: banana bread is the bridesmaid and TV is the matron of honor.) To date, more than 250 people electronically submitted R.S.V.P.s to the nonexistent party. “I have nothing against marriage or people getting engaged, or even posting their engagements on the internet,” said Ms. McCarthy. “Especially online, on social media, you’re seeing these highlight reels from so many other people. You immediately start feeling behind in life. But, chances are, you’re probably doing great no matter what you’re doing.” Continue following our fashion and lifestyle coverage on Facebook (Styles and Modern Love), Twitter (Styles, Fashion and Weddings) and Instagram.
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NEWS-MULTISOURCE
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User:Ashia~enwiki
Ashia Nicole Monique Johnson(born August 16,1992 - ) better known as Shia, is an American basketball player. She is a 4-year varsity basketball player for Armijo High School. She played on the JV Softball team for the 2007-08 year. After her Junior year of basketball, her hopes of joining the track team were shattered due to tendinitis and bruises in her left knee. But physical therapy and various strengthening exercises helped her to a speedy recovery. She is now participating in Armijo's Summer League Basketball team. The team hopes to continue their success to the 2009-10 season and make playoffs.
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WIKI
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Have questions? Visit https://www.reddit.com/r/SNPedia
rs8031031
From SNPedia
Orientationplus
Stabilizedplus
Geno Mag Summary
(C;C) 0 common in complete genomics
Make rs8031031(C;T)
Make rs8031031(T;T)
ReferenceGRCh38 38.1/141
Chromosome15
Position50305127
GeneGABPB1
is asnp
is mentioned by
dbSNPrs8031031
dbSNP (old)rs8031031
ClinGenrs8031031
ebirs8031031
HLIrs8031031
Exacrs8031031
Gnomadrs8031031
Varsomers8031031
Maprs8031031
PheGenIrs8031031
Biobankrs8031031
1000 genomesrs8031031
hgdprs8031031
ensemblrs8031031
gopubmedrs8031031
geneviewrs8031031
scholarrs8031031
googlers8031031
pharmgkbrs8031031
gwascentralrs8031031
openSNPrs8031031
23andMers8031031
23andMe allrs8031031
SNP Nexus
SNPshotrs8031031
SNPdbers8031031
MSV3drs8031031
GWAS Ctlgrs8031031
GMAF0.1079
Max Magnitude0
? (C;C) (C;T) (T;T) 28
[PMID 20028934] Interaction between SNPs in the NRF2 gene and elite endurance performance
[PMID 17357964] NRF2 genotype improves endurance capacity in response to training.
[PMID 22749526] The rs12594956 polymorphism in the NRF-2 gene is associated with top-level Spanish athlete's performance status.
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ESSENTIALAI-STEM
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6. How to implement a system call
A system call is used by application or user programs to request service from the operating systems. Since the user programs does not have direct access to the kernel whereas the OS has the direct access. OS can access the hardware through system calls only.
The following files has to be modified for implementing a system call
1. /usr/src/linux-2.6.35/arch/x86/kernel/syscall_table_32.S
2. /usr/src/linux-2.6.35/arch/x86/include/asm/unistd_32.h
3. /usr/src/linux-2.6.35/include/linux/syscalls.h
4. /usr/src/linux-2.6.35/Makefile
New set of files to be created
1. Create a new directory newcall/ inside the path “/usr/src/linux-2.6.35/
2. Create new files Makefile, newcall.c and put them in the /usr/src/linux-2.6.35/newcall/ folder
3. Create new user files (in any folder of Linux) to test the system call
testnewcall.c, testnewcall.h (created in /home/sandipan)
syscall_table_32.S
Find the file /usr/src/linux-2.6.35/arch/x86/kernel/syscall_table_32.S and add the following line at the end
.long sys_newcall” (add without double quotes, but the preceding . should)
unistd_32.h
open the file /usr/src/linux-2.6.35/arch/x86/include/asm/unistd_32.h
(all the system calls will be defined in this file using #define macro)
This file contains the system call number that is passed to the kernel through the register (EAX) when a system call is invoked.
Add “#define __NR_mycall <Last_System_Call_Num + 1>” at the end of the list.
If the last system call defined here is:
“#define __NR_vmsplice 336”, then add:
#define __NR_newcall 337” at the end of the list. (337 is the new system call number)
Increment the “NR_syscalls” by 1. So, if NR_syscalls is defined as:
“#define NR_syscalls 337”, then change it to:
#define NR_syscalls 338” (Since we added a new kernel, so the total number of system calls should be incremented)
syscalls.h
open the file /usr/src/linux-2.6.35/include/linux/syscalls.h
Add the following line at the end of the file:
asmlinkage long sys_newcall(int i);” (without double quotes)
Makefile
Full path of the file – /usr/src/linux-2.6.35/Makefile
Create a new directory newcall/ under the folder /usr/src/linux-2.6.35
and include that path to /usr/src/linux-2.6.35/Makefile
open the /usr/src/linux-2.6.35/Makefile
and find the “core-y += ” and append newcall/ to the path (please see the image below)
newcall.c
Create a new file called newcall.c with full path: /usr/src/linux-2.6.35/newcall/newcall.c
/*—Start of newcall.c—-*/
#include <linux/linkage.h>
asmlinkage long sys_newcall(int i)
{
return i*10; //the value passed from the user program will be multiplied by 10
}
/*—End of newcall.c——*/
Makefile
Create a new file called Makefile with full path: /usr/src/linux-2.6.35/newcall/Makefile
and paste the following line
obj-y := newcall.o
Create userspace files to test the system call
create two files testnewcall.c and testnewcall.h and the full path of the files are
/home/sandipan/testnewcall.c
/home/sandipan/testnewcall.h
testnewcall.c
#include <stdio.h>
#include “testnewcall.h”
int main(void)
{
printf(“%d\n”, newcall(15)); // since 15 is passed, the output should be 15*10=150
return 0;
}
testnewcall.h
#include<linux/unistd.h>
#define __NR_newcall 337
long newcall(int i)
{
return syscall(__NR_newcall,i);
}
Note: “_syscall1(long, mycall, int, i)” this can be added instead of
long newcall(int i)
{
return syscall(__NR_newcall,i);
}
Macro _syscall1()
_syscall1(long, newcall, int, i)
the importance of the above syscall is
• The name of the system call is newcall.
• It takes one argument.
• The argument is an int named number.
• It returns an long.
Testing the new system call
Step 1: Recompile and install the new kernel so that our system call becomes available to the operating system. go to the kernel folder and give command make
Step 2: Reboot the system
Step 3: Compile and execute the user space C file (testnewcall.c) that we created above. (gcc testnewcall.c and then execute ./a.out)
RESULT: You should see the output as 150. This has been tested on kernel 2.6.35.
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ESSENTIALAI-STEM
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Hawthorne effect is a term produced as a result of an experiment conducted by Elton Mayo whereby he concluded that expressing concern for employees and treating them in a manner that fulfills their basic human needs and wants will ultimately result in better performance.
Hawthorne effect refers to paying attention to people at work improves their performance. The findings of a study done at the Hawthorne works of the Western Electric Company in Illinois in the 1920s. Various attempts by the management to improve workers' conditions were made; they included changes in light, rest breaks, hours of work and systems of payment. Each of these changes resulted in an increase in productivity-and so did a return to the original conditions of work. The investigators concluded that the changes in the external environment had not influenced the workers' performance so much as their perception that people were interested in them and their work. An example of social facilitation.
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FINEWEB-EDU
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The Things that Live on Mars
"The Things that Live on Mars" is a 1908 non-fiction essay by English writer H. G. Wells, with four illustrations by American artist William Robinson Leigh, about the habitability and possibility of life on Mars, ideas that Wells had previously explored a decade earlier in his science fiction work The War of the Worlds (1898). "The Things that Live on Mars" was originally published in Cosmopolitan, in the same issue as "Story of the Mars Expedition", an essay by American astronomer David Peck Todd describing the 1907 Lowell expedition to Chile, an attempt to capture images of the purported Martian canals. Lowell's canals were later discredited and explained as an optical illusion in the early 20th century.
Development
Wells originally pursued his initial line of inquiry into the types of possible life that might be found on Mars while developing a science fiction story in the mid-1890s that would later become the novel The War of the Worlds (1898). The work of astronomer Percival Lowell, founder of the Lowell Observatory in Arizona, captured the imagination of Wells, particularly his book Mars and Its Canals (1906), which promoted the idea of artificial Martian canals created by an advanced civilization on Mars, an idea that Wells found compelling, but was dismissed by the astronomical community as a fantasy. Lowell's claims convinced Wells of not just the habitability of Mars, but also for the idea that "it is inhabited by creatures of sufficient energy and engineering science to make canals beside which our greatest human achievements pale into insignificance." The many unanswered questions about these purported Martians led Wells to compose an essay to explore and take an "imaginative flight" into the speculative natural history of Mars, with descriptions of all its flora and fauna, and depictions of the Martians themselves.
Synopsis
Wells tackles the speculative theory of life on Mars in a nine page essay, with four pages devoted to illustrations by William Robinson Leigh and five pages of prose split into a brief introduction and background to the subject, followed by eight sections: "Does life exist on Mars?", "Probable Appearance of the Martian Flora", "The Animal Kingdom", "No Fish on the Planet", "Climatic Conditions", "The Ruling Inhabitants", "How Like Terrestrial Humanity?", and "Martian Civilizations".
Illustrations
American artist William Robinson Leigh, known for his art depicting the American west and Southwestern United States, grew up reading natural history and honed his artistic skills drawing wildlife in West Virginia. When the essay was written, Leigh was a contract artist for popular magazines. Unlike his previous work with writers, Leigh collaborated with Wells in coming up with the design of the Martian landscape, civilization, and creatures which could conceivably inhabit the planet. Historian Jennifer Tucker notes that Leigh's illustrations reflect a "sophisticated and innovative use of line and space, associated with new graphic design concepts in the early 1900s" with a "nod to modern symbols big and small", from the "iconography of world's fairs, monuments, and exhibitions to the fashionable dress and headband of the 'flapper' Martian girl". Leigh's images, Tucker writes, belong to the then nascent "visual genre of scientific realism", which was intended to express the current state of scientific knowledge, rather than as mere cartoons or as fine arts.
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WIKI
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Page:The New Negro.pdf/180
150 The hyena-faced monster jumps starts, runs, chases his own yelps back to the wilderness. The black body clothed in moonlight Raises up its head, Holding a face dancing with delight. Terror reigns like a new crowned king. —Lewis Alexander.
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WIKI
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Wikipedia:WikiProject Merge/RandomArticle
'''WikiProject Merge needs your help! You can assist by merging a random article from the backlog, by clicking the icon below.''' link=https://en.wikipedia.org/wiki/Category:Articles_to_be_merged
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WIKI
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MINIDUMP_FUNCTION_TABLE_STREAM
TOC
Collapse the table of content
Expand the table of content
MINIDUMP_FUNCTION_TABLE_STREAM structure
Represents the header for the function table stream.
Syntax
typedef struct _MINIDUMP_FUNCTION_TABLE_STREAM {
ULONG32 SizeOfHeader;
ULONG32 SizeOfDescriptor;
ULONG32 SizeOfNativeDescriptor;
ULONG32 SizeOfFunctionEntry;
ULONG32 NumberOfDescriptors;
ULONG32 SizeOfAlignPad;
} MINIDUMP_FUNCTION_TABLE_STREAM, *PMINIDUMP_FUNCTION_TABLE_STREAM;
Members
SizeOfHeader
The size of header information for the stream, in bytes. This value is sizeof(MINIDUMP_FUNCTION_TABLE_STREAM).
SizeOfDescriptor
The size of a descriptor in the stream, in bytes. This value is sizeof(MINIDUMP_FUNCTION_TABLE_DESCRIPTOR).
SizeOfNativeDescriptor
The size of a raw system descriptor in the stream, in bytes. This value depends on the particular platform and system version on which the minidump was generated.
SizeOfFunctionEntry
The size of a raw system function table entry, in bytes. This value depends on the particular platform and system version on which the minidump was generated.
NumberOfDescriptors
The number of descriptors in the stream.
SizeOfAlignPad
The size of alignment padding that follows the header, in bytes.
Remarks
In this context, a data stream is a set of data in a minidump file. This header structure is followed by NumberOfDescriptors function tables. For each function table there is a MINIDUMP_FUNCTION_TABLE_DESCRIPTOR structure, then the raw system descriptor for the table, then the raw system function entry data. If necessary, alignment padding is placed between tables to properly align the initial structures.
Requirements
Redistributable
DbgHelp.dll 5.1 or later
Header
DbgHelp.h
See also
MINIDUMP_FUNCTION_TABLE_DESCRIPTOR
MINIDUMP_STREAM_TYPE
Community Additions
ADD
Show:
© 2015 Microsoft
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ESSENTIALAI-STEM
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Selective breeding of cannabis plants has expanded and diversified as commercial and therapeutic markets develop.[13] Some growers in the US succeeded in lowering the proportion of CBD-to-THC to accommodate customers who preferred varietals that were more mind-altering due to the higher THC and lower CBD content.[51] In the US, hemp is classified by the federal government as cannabis containing no more than 0.3% THC by dry weight. This classification was established in the 2018 Farm Bill and was refined to include hemp-sourced extracts, cannabinoids, and derivatives in the definition of hemp.[52]
Hemp-producing cannabis has tall, fibrous stalks that are very strong and have very few flowering buds. On the other hand, marijuana strains are short, bushy, and have high amounts of THC. In fact, industrial hemp and medical marijuana are so distinctively different that most lay people wouldn’t be able to tell that they belong to the same genus of plants if they encountered them in the wild!
In addition, some cannabinoids interact synergistically, producing unique effects that are not found when using them individually. For example, CBD inhibits THC’s psychotropic effects when the two are taken together. However, CBD does this (and produces many other effects) without directly interacting with the cannabinoid receptors. At first, scientists thought there was a third type of CB receptor just for Cannabidiol, but the answer was far more interesting and revealing.
In addition, some cannabinoids interact synergistically, producing unique effects that are not found when using them individually. For example, CBD inhibits THC’s psychotropic effects when the two are taken together. However, CBD does this (and produces many other effects) without directly interacting with the cannabinoid receptors. At first, scientists thought there was a third type of CB receptor just for Cannabidiol, but the answer was far more interesting and revealing.
The endocannabinoid system is found in all mammals, and is made up of millions of cannabinoid receptor sites (CB1 and CB2 receptors) located throughout the body. The endocannabinoid system is one of the regulatory systems in the human body, but most people do very little to support the health of this system, because cannabinoids have not been part of the average diet. If you would like to know more about the technical aspects of the endocannabinoid system, you can go here.
However, when cannabinoids are taken externally, it’s difficult to distinguish between the clinically desirable effects and the therapeutically undesirable effects of various phytocannabinoids. This is because cannabinoid receptors send a variety of signals that often interconnect to coordinate the body’s functions, so it’s hard to tell them apart.
Developed for the pharmacy sector, Canabidol™ products meet the exacting standards required by pharmacists for the retail sale of CBD. One of the longest standing brands in the UK, Canabidol™ has spearheaded the industry with it our dedication to excellence, passion for compliance and commitment to getting things right. The result has seen Canabidol™ products become the market leading brand in the pharmacy sector, with thousands of customers preferring Canabidol™. Which is now the only brand of choice in the UK, it’s the reason our thousands of registered official resellers now stock our products in high streets and major retail outlets across the country.
Multiple sclerosis (MS). There is inconsistent evidence on the effectiveness of cannabidiol for symptoms of multiple sclerosis. Some early research suggests that using a cannabidiol spray under the tongue might improve pain and muscle tightness in people with MS. However, it does not appear to improve muscle spasms, tiredness, bladder control, the ability to move around, or well-being and quality of life.
CONDITIONS OF USE AND IMPORTANT INFORMATION: This information is meant to supplement, not replace advice from your doctor or healthcare provider and is not meant to cover all possible uses, precautions, interactions or adverse effects. This information may not fit your specific health circumstances. Never delay or disregard seeking professional medical advice from your doctor or other qualified health care provider because of something you have read on WebMD. You should always speak with your doctor or health care professional before you start, stop, or change any prescribed part of your health care plan or treatment and to determine what course of therapy is right for you.
If you’re new to cannabidiol, you’ll want to start here. Cannabis is known to imbue a wide range of physiological effects. These effects come from a group of complex compounds known as cannabinoids. Scientists have identified over 100 different cannabinoids, but the two most well-known and well-researched are THC and CBD. CBD, or cannabidiol, has become increasingly popular as an ingredient in natural food supplements, offering a variety of potential effects that can benefit the body and mind. Take a look at this information to learn more about CBD.
Intoxicating – Any substance that can cause you to lose control of your faculties and alter your behavior is considered intoxicating. Almost all illegal drugs have intoxicating properties, although worldwide most intoxication cases are attributed to alcohol. Intoxication can be caused by substances that directly affect the brain (i.e., psychoactive) or by indirectly causing damage to your organism (i.e., through toxicity, hence the term). cannabidiol oil
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ESSENTIALAI-STEM
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SIEMC Process Implementation Class
Signal Integrity & EMC Process Implementation
Instructor Terry Fox BSEE Montana State University 1969
SIEMC Process Implementation is three days of face to face class room training including "hands on" Signal Integrity and Power Integrity simulation labs. This class includes much more information than that which is presented in the 1 day class. Lab exercise designs are a mix of pre-planned and "on the fly" student initiated designs. There is also a very popular "Stump the Professor" session. Present a design structure and find out whether or not there is a valid scientific reason to expect it to work reliably at full speed. Documents published in magazines and sample designs are normally considered to be reliable information. I have found them to range from very useful, to dubious, to highly detrimental. Implementing a design without understanding the physics behind the topology is very dangerous. I will explain which of these have a beneficial effect rooted in real science and which ones don't. We also address organizational process issues.
Key benefits of a design strategy based on the SIEMC Process Implementation:
1. Products function correctly at full speed on the first design build.
2. Products have a high manufacturing yield and a low warranty return rate.
3. The design cycle is predictable. This means, among other things, the products pass EMC regulatory requirements on the first attempt.
This class teaches organizations how to produce “right the first time” designs on a predictable and repeatable basis.
There are three main sections to this process.
1. Document the electrical requirements necessary for a fully functional system.
2. Develop the design rules necessary to insure you meet the electrical requirements.
3. Implement gating check points to assure the design is on track at each stage of development before moving forward.
Most of my consulting work is "Disaster Recovery." Companies call me in to save a project when it is four to six months late. Generally they have done three planned development board spins plus another two or three desperation board spins to “fix it.” The vast majority of the problems are conceptually simple, but the problems were “baked in” early in the design cycle.
Horribly late product development schedules are the result of a poor process focused on calendar dates rather than the quality of the intermediate work product. If you have a poor PCB layer stack-up or a bad floor plan, you need to catch that early in the cycle. If you get it wrong, you may not know that until you fail EMC tests just prior to the planned ship date.
This class illustrates an effective high speed digital system development process, the primary methods used to get critical answers, and the minimum check points necessary to verify you are on track.
SIEMC Process Implementation is based on a design methodology developed by a major telecommunications company which has been documented over multiple years and thousands of designs to produce “right the first time” results 99% of the time. “Right the first time” means the systems work correctly at full speed, they are reliable, they have clearly defined manufacturing margins, and they are quiet enough to pass FCC & CISPR radiated emissions tests on the first try!
Target Audience: Electrical Engineers, FPGA Designers, and CAD Layout Designers responsible for implementing high speed digital and mixed analog digital systems
Class Content
Signal Integrity Signal Integrity including board layer stack-up specification, high speed routing topology, space, trace, termination practices, and return current control. Get this wrong and the system will reward you with a host of problems including False Clock, False Data, Negative Timing Margins, Clock Jitter, Excessive EMI as well as a host of Manufacturing and Reliability issues.
Power Integrity Power integrity depends upon stack-up, capacitor selection, placement, mounting technique, and quantity. Poor design can result in power impedance poles and inter plane resonances. Many of the mysterious SI and EMI issues can be traced directly to poor power system design.
Root Causes and Cures for EMI The goal is to stop the EMI noise at the source. If EMI noise is eliminated at the source, you do not need to chase it around the board. Once you have controlled the noise source, the next issue is to avoid making an efficient antenna. A noisy board with no antenna does not radiate. You need to clearly understand the key reasons for EMI if you want to have any chance of repeatable success.
DDR2 / DDR3 Issues Four signal classes make up a DDR2/3 memory interface. Some of the worst DDR2 and DDR3 implementations I have seen followed published guide lines. If you do a proper analysis, you will have a much easier implementation and far better noise margin.
Differential Signaling What is the difference between Ethernet 10/100 Base T and LVDS? With the huge noise margin available using LVDS devices, you can use almost any interconnect scheme. However there can be other nasty complications like Cross Talk and EMI if you do it incorrectly.
Giga Bit Serial - SERDES interface routing issues …PCI Express, 10GHz XAUI, etc.. We explain what is important and also debunk some of the popular myths about routing these types of interfaces. Do you understand how vias can cause a non-phase coherent channel?
Analog / Digital Interface Issues i.e. Isolation vs. Communication There are many ways you can do this, but only one is easy to understand and produces repeatedly good results. How do you control EMI if you need to have long leads on isolated inputs?
To Moat or Not to Moat Understanding the issues related to “quiet grounds" and the problem of signal ground vs. chassis ground. Moating the ground plane has caused more problems than I can count. Do you know why?
Connectors, Board to Board, Board to cable, etc. What are the SI, EMI, and Power Issues? When we get to the connector, we still need to deal with physics.
Grounding...how do you do it to avoid late design cycle issues?
Chip Level Package Issues We still need to deal with physics all the way to the actual die. In adequate power or orphaning the return current at the package will cause you design to fail.
The class also addresses Basic Shielding & Filter Theory, Effective Enclosures, Critical Switching Power Supply Issues, and spotting Renegade Chips
Teaching Method ...
The instructor will explain the problem and an appropriate method to solve that problem.
The instructor will demonstrate the solution using industry standard software tools.
The students will do the work for themselves using lab computers and sample problems.
In Class Pre-Layout Labs. ...
Multi Drop Topology & Termination
Cross Talk
PCI Express
Power Plane Noise on 6 Layer Board vs 8 Layer Board
Power Delivery Impedance on 6 Layer Board vs 8 Layer Board
Signal Via Bypassing Using Capacitors vs Stitching Vias
DDR3 Design Example
In Class Post Layout Validation Labs …
Student Provided PC Boards which we will analyze in class.
Post Class Labs …
You will have 10 days to expand upon any of the in class labs … or you can invent your own. They key is to exercise what you have learned in class to lock in the knowledge.
About Terry Fox BSEE Montana State University 1969
After serving in the US Navy as a pilot and aircraft maintenance officer, Terry began his professional career in 1972 as a Hewlett Packard electronic instrument Field Engineer selling and supporting products ranging from DC to Microwave. During the Gate Array revolution of the mid 80’s Terry joined the Daisy team selling circuit simulation and physical design layout tools. In 1995 Terry began selling UniCAD Signal Integrity and EMC prediction tools on a commission only basis. After six months of no sales, Terry was ready to quit. UNICAD sent him a ticket to PCB West where he met the Director of PCB quality for Bell Northern Research and Northern Telecom, Stan Xavier. After a long conversation about a proper SIEMC design process, Terry realized he was in the wrong business. Terry was in the tool selling business when he should be in the solution providing business. Terry worked out a deal with UniCAD where he would sell services, UniCAD would back him up on the tough problems, and they would split the consulting fee. Since that time Terry has consulted on a great many projects. Each time the result has been the same. The product works at full speed and it passes regulatory tests on the first pass.
In 2004 Terry started offering public Signal Integrity and EMC classes throughout North America. He teaches 40 public classes and roughly 5-10 private classes each year in addition to his consulting practice. Terry has taught over 500 SI EMC classes to thousands of students and hundreds of companies always with the same message….build it right the first time…it is the best investment you can make.
Terry Fox
tfox@siemc.com
www.siemc.com
.
( Note*** This is not a tool class. It is a high speed system design methods class and is equally appropriate regardless of your tool chain.***)
To Register for an on-site Process Implementation class Click here for Pro Tune Up 5 registration page and select On-site as the class location
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ESSENTIALAI-STEM
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