Document
stringlengths 87
1.67M
| Source
stringclasses 5
values |
|---|---|
Page:EB1911 - Volume 26.djvu/983
Rh the tides on the English coasts would be profoundly modified if the Straits were completely closed.
It will be noticed that between Yarmouth and Holland the cotidal lines cross one another. Such an intersection of lines is in general impossible; it is indeed only possible if there is a region in which the water neither rises nor falls, because at such a place the cotidal line ceases to have a definite meaning. A set of observations by Captain Hewitt, R.N., made in 184O, appears to prove the existence of a region of this kind at the part of the chart referred to.
(From Berghaus's Atlas.) . 3.—Cotidal Lines in British Seas. § 7. Historical Sketch. —The writings of various Chinese, Arabic and Icelandic authors show that some attention was paid by them to the tides, but the several theories advanced are fantastic. It is natural that the writings of the classical authors of antiquity should contain but few references to the tides, for the Greeks and Romans lived on the shores of an almost tideless sea. Nevertheless, Strabo quotes from Posidonius a clear account of the tides on the Atlantic coast of Spain, and connects the tides correctly with the motion of the moon. He also gives the law of the tide in the Indian Ocean as observed by Seleucus the Babylonian, and the passage shows that Seleucus had unravelled the law which governs the diurnal inequality of the tide in that sea.
We shall not give any details as to the medieval speculations on the tides, but pass on at once to Newton, who in 1687 laid the foundation for all that has since been added to the theory of the tides when he brought his grand generalization of universal gravitation to bear on the subject. Johann Kepler had indeed
at an early date recognized the tendency of the water of the ocean to move towards the centres of the sun and moon, but he was unable to submit his theory to calculation. Galileo expresses regret that so acute a man as Kepler should have produced a theory which appeared to him to reintroduce the occult qualities of the ancient philosophers. His own explanation referred the phenomenon to the rotation and orbital motion of the earth, and he considered that it afforded a principal proof of the Copernican system.
In the 19th corollary of the 66th proposition of bk. i. of the Principia, Sir Isaac Newton introduces the conception of a canal
circling the earth, and he considers the influence of a satellite on the water in the canal. He remarks that the movement of each molecule of fluid must be accelerated in the conjunction and opposition of the satellite with the
molecule, that is to say when the molecule, the earth's centre and the satellite are in a straight line, and retarded in the quadratures, that is to say when the line joining the molecule and the earth's centre is at right angles to the line joining the earth's centre and the satellite. Accordingly the fluid must undergo a tidal oscillation. It is, however, in propositions 26 and 27 of bk. iii. that he first determines the tidal force due to the sun and moon. The sea is here supposed to cover the whole earth and to assume at each instant a figure of equilibrium, and the tide-generating bodies are supposed to move in the equator. Considering only the action of the sun, he assumes that the figure is an ellipsoid of revolution with its major axis directed towards the sun, and he determines the ellipticity of such an ellipsoid. High solar tide then occurs at noon and midnight, and low-tide at sunrise and sunset. The action of the moon produces a similar ellipsoid, but of greater ellipticity. The superposition of these ellipsoids gives the principal variations of the tide. He then proceeds to consider the influence of latitude on the height of tide, and to discuss other peculiarities of the phenomenon. Observation shows, however, that spring tides occur a day and a half after full and change of moon, and Newton falsely attributed this to the fact that the oscillations would last for some time if the attractions of the two bodies were to cease.
The Newtonian hypothesis, although it fails in the form which he gave to it, may still be made to represent the tides if the lunar and solar ellipsoids have their major axes
always directed toward a fictitious moon and sun, which are respectively at constant distances from the true bodies; these distances are such that the full and change of the fictitious moon as illuminated by the fictitious sun occur about a day or a day and a half later than the true full and change of moon. In fact, the actual tides may be supposed to be generated directly by the action of the real sun and moon, and the wave may be imagined to take a day and a half to arrive at the port of observation. This period has accordingly been called “the age of the tide.” In
what precedes the sun and moon have been supposed to move in the equator; but the theory of the two ellipsoids cannot be reconciled with the truth when they move, as in actuality, in orbits inclined to the equator. At equatorial ports the theory of the ellipsoids would at spring tides give morning and evening high waters of nearly equal height, whatever the declinations of the bodies. But at a port in any other latitude these high waters would be of very different heights, and at Brest, for example, when the declinations of the bodies are equal to the obliquity of the elliptic, the evening tide would be eight times as great as the morning tide. Now observation shows that at this port the two tides are nearly equal to one another, and that their greatest difference is not a thirtieth of their sum. Newton here also offered an erroneous explanation of the phenomenon.
In 1738 the Academy of Sciences of Paris offered, as a subject for a prize, the theory of the tides. The authors of four essays received prizes, viz. Daniel Bernoulli, Leonhard Euler, Colin Maclaurin and Antoine Cavalleri. The first
three adopted not only the theory of gravitation, but also Newton's method of the superposition of the two ellipsoids. Bernoulli's essay contained an extended development of the conception of the two ellipsoids, and, under the name of the equilibrium theory, it is commonly associated with his name. Laplace gives an account and critique of the essays of Bernoulli and Euler in the Mécanique céleste. The essay of Maclaurin presented little that was new in tidal theory, but is notable as containing certain important theorems concerning the attraction of ellipsoids. In 1746 Jean-le-Rond D'Alembert wrote a paper in which he treated the tides of the atmosphere; but this work, like Maclaurin's, is chiefly remarkable for the importance of collateral points.
The theory of the tidal movements of an ocean was therefore, as Laplace remarks, almost untouched when in 1774 he first undertook the subject. In the Mécanique céleste he gives an
|
WIKI
|
sc9b07304_si_001.pdf (994.05 kB)
Download file
Accelerated Material-Efficient Investigation of Switchable Hydrophilicity Solvents for Energy-Efficient Solvent Recovery
Download (994.05 kB)
journal contribution
posted on 18.02.2020, 15:43 by Suyong Han, Keshav Raghuvanshi, Milad Abolhasani
In most chemical industries, solvent removal and recovery processes are heavily dependent on hazardous volatile solvents with energy-intensive distillation processes because of their ease of separation. An emerging promising alternative is implementing switchable solvents with on-demand and reversible switching of their physiochemical properties triggered by carbon dioxide (CO2). Utilization and widespread implementation of switchable solvents can dramatically reduce environmental risks and energy requirements for solvent removal and recovery processes. Despite intriguing characteristics of switchable solvents, the time- and material-intensive nature of conventional batch strategies has hindered a comprehensive understanding of this exciting class of green solvents. Herein, we report an accelerated time- and material-efficient (green) flow chemistry strategy for in situ fundamental and applied studies of CO2-mediated switchable solvents. Utilizing a highly gas-permeable membrane microreactor increases the gas–liquid interfacial area for CO2 injection, thereby enhancing the gas–liquid mass transfer (∼60 times faster equilibrium time than a batch reactor), while minimizing the chemical consumption (∼1000 times less than a batch reactor) and waste generation (∼1500 times less than a batch reactor) for each solvent-switching experiment. Utilizing the developed green flow chemistry strategy, we comprehensively study the effects of continuous and discrete process parameters on the efficiency and kinetics of hydrophilicity switching of switchable solvents. The intensified CO2-triggered switchable hydrophilicity solvent extraction process allows accurate material-efficient studies of switchable solvents and therefore will accelerate the development and adoption of distillation-free, green, and sustainable solvent recovery strategies in chemical industries.
History
|
ESSENTIALAI-STEM
|
Advertisement
A Novel Genetic Programming Based Approach for Classification Problems
• L. P. Cordella
• C. De Stefano
• F. Fontanella
• A. Marcelli
Conference paper
Part of the Lecture Notes in Computer Science book series (LNCS, volume 3617)
Abstract
A new genetic programming based approach to classification problems is proposed. Differently from other approaches, the number of prototypes in the classifier is not a priori fixed, but automatically found by the system. In fact, in many problems a single class may contain a variable number of subclasses. Hence, a single prototype, may be inadequate to represent all the members of the class. The devised approach has been tested on several problems and the results compared with those obtained by a different genetic programming based approach recently proposed in the literature.
Keywords
Genetic Programming Recognition Rate Production Rule Logical Expression Derivation Tree
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.
References
1. 1.
Duda, R.O., Hart, P.E., Stork, D.G.: Pattern Classification. John Wiley & sons, Inc., Chichester (2001)zbMATHGoogle Scholar
2. 2.
Holland, J.H.: Adaptation in Natural and Artificial Systems: An Introductory Analysis with Applications to Biology, Control and Artificial Intelligence. MIT Press, Cambridge (1992)Google Scholar
3. 3.
Koza, J.R.: Genetic programming: On the programming of computers by means of natural selection. Statistics and Computing 4 (1994)Google Scholar
4. 4.
Bastian, A.: Identifying fuzzy models utilizing genetic programming. Fuzzy Sets and Systems 113, 333–350 (2000)zbMATHCrossRefGoogle Scholar
5. 5.
Koppen, M., Nickolay, B.: Genetic programming based texture filtering framework. Pattern recognition in soft computing paradigm, 275–304 (2001)Google Scholar
6. 6.
Agnelli, D., Bollini, A., Lombardi, L.: Image classification: an evolutionary approach. Pattern Recognition Letters 23, 303–309 (2002)zbMATHCrossRefGoogle Scholar
7. 7.
Rauss, P.J., Daida, J.M., Chaudhary, S.A.: Classification of spectral image using genetic programming. In: GECCO, pp. 726–733 (2000)Google Scholar
8. 8.
Kishore, J.K., Patnaik, L.M., Mani, V., Agrawal, V.K.: Application of genetic programming for multicategory pattern classification. IEEE Transactions on Evolutionary Computation 4, 242–258 (2000)CrossRefGoogle Scholar
9. 9.
Muni, D.P., Pal, N.R., Das, J.: A novel approach to design classifiers using genetic programming. IEEE Trans. Evolutionary Computation 8, 183–196 (2004)CrossRefGoogle Scholar
10. 10.
Blickle, T., Thiele, L.: A comparison of selection schemes used in genetic algorithms. Technical Report 11, Gloriastrasse 35, 8092 Zurich, Switzerland (1995)Google Scholar
11. 11.
Blake, C., Merz, C.: UCI repository of machine learning databases (1998)Google Scholar
Copyright information
© Springer-Verlag Berlin Heidelberg 2005
Authors and Affiliations
• L. P. Cordella
• 1
• C. De Stefano
• 2
• F. Fontanella
• 1
• A. Marcelli
• 3
1. 1.Dipartimento di Informatica e SistemisticaUniversità di Napoli Federico IINapoliItaly
2. 2.Dipartimento di Automazione, Elettromagnetismo, Ingegneria dell’Informazione e Matematica IndustrialeUniversità di CassinoCassinoItaly
3. 3.Dipartimento di Ingegneria dell’Informazione e Ingegneria ElettricaUniversità di SalernoFiscianoItaly
Personalised recommendations
|
ESSENTIALAI-STEM
|
Can You Check How Many Times You've Logged in to a User Account?
Not a big deal if not, but it seems like a fun statistic and I thought KBM might be able to do this.
Hey Odin,
This is a scripting question rather than a Keyboard Maestro question.
Keyboard Maestro itself will not do the job, but if you can find a Unix script that can KM can run it for you.
-Chris
Alright, thank you!
1 Like
For fun I thought I'd try this:
and it seems to keep a running total of the number of logins for me, as the only user on this Mac.
Presumably, you could somehow modify it to recognise the username and update the total on a per-user basis?
Food for thought perhaps?
1 Like
You can run the Unix command who to discover who's logged in.
-Chris
Hey Guys,
What I was looking for the other day and couldn't find:
UNIX / Linux List Current Logged In Users
The Unix command last will give a pretty good history list. Mine goes back to January.
-Chris
1 Like
|
ESSENTIALAI-STEM
|
Page:Text-book of Electrochemistry.djvu/165
ISO
��CONDUCTIVITY OF ELECTROLYTES. chap.
��of the ions increase, i,e. for most ions about 2'5 per cent, per degree.
The electrolytic friction of the ions is greater in other solvents than in water. The addition of a very small quantity of another non-conductor to the water appreciably increases the friction of the ions, and consequently decreases the conductivity of the solution, just as the internal friction of the liquid is altered by a similar addition. The action of foreign substances on the internal friction runs almost parallel with that on the electrolytic friction. Thus I have found (17) that the addition of one per cent, by volume of the non-conductors mentioned in the following table raises the internal friction, and the electrolytic friction of the commonly occurring ions at 25° by the amount given in the table. If greater quantities be added, there is a pro- portional increase in the electrolytic friction, but also a diminution of the degree of dissociation of the electrolyte, particularly if a concentrated solution of this is used. On this subject Walker (18) has made an interesting investi- gation on the action of alcohols on diethylammonium chloride. It appears that the degree of dissociation is most affected by those substances which contain relatively least hydroxyl.
��Percentage increMe of the internal and ionlo firiction by addition of 1 per cent, by Tolame of the non- oondnctor.
��Internal friction of the water
H ion
OH ion
Monovalent salt ions. . . SO4, CO5, etc. (divalent
negative ions) .... Ba, Zn, etc. (divalent positive
ions)
«
3^
�J-
�•
�<
�/<»
��to
s
§
y
4-§
��As the addition increases, the function of the water as solvent gradually diminishes, and we obtain electrolytic
�� �
|
WIKI
|
Why Does Gmail Need My Phone Number? (The Truth Revealed)
Do you ever wonder why Gmail requires you to provide your phone number when signing up for an account? Have you ever been curious about how Google uses your phone number? If youve ever asked yourself these questions, youre not alone and this article will provide you with the answers.
Here, youll learn the truth behind why Gmail needs your phone number and what Google does with it.
Well also discuss potential benefits of providing your phone number and potential risks.
Plus, youll find out what to do if you dont have a phone number and how to protect the one you do have.
Lets get started to uncover the truth behind why Gmail needs your phone number.
Short Answer
Gmail may need your phone number for several reasons.
It may be used as a form of identity verification if you ever need to reset your password.
It can also be used to add extra security to your account, such as two-factor authentication.
Additionally, your phone number can be used to help keep your account safe by alerting you to any suspicious activity.
What is Gmail?
Gmail is a free email service provided by Google that allows users to send and receive emails, attachments, and messages.
It is one of the most popular email services in the world, with over 1.5 billion users.
Gmail is known for its easy-to-use interface and its security features.
It also provides a suite of other services, including Google Drive, Google Hangouts, and Google Calendar.
Gmail offers many features that make it user-friendly and secure, such as two-step verification, spam and virus protection, and the ability to create multiple email accounts.
It also provides a wide range of customization options and allows users to access their emails from any device with an internet connection.
Additionally, Gmail offers integration with other Google services, such as Google Drive, Google Hangouts, and Google Calendar, making it easy to stay connected and collaborate with colleagues.
Why Does Gmail Require a Phone Number?
It is no secret that Gmail is one of the most popular email services available today.
It is used by millions of people around the world and is known for its ease of use and powerful features.
But what many people do not know is that Google requires users to provide their phone number in order to verify their identity and secure their account.
So why does Gmail need a phone number? The answer lies in the importance of account security and safety.
By having access to a user’s phone number, Google can verify that the user is a real person and not a malicious actor trying to gain access to someone else’s account.
This helps protect not just the user’s account, but also the other accounts associated with it.
In addition to this security measure, Google can also use the phone number to send notifications and security alerts to users regarding their account activity.
This allows users to stay on top of any suspicious activity that may be occurring in their account.
Finally, by having access to a user’s phone number, Google can provide a more personalized experience, such as suggesting contacts and birthday reminders.
Overall, the phone number requirement ensures that Gmail users are who they say they are and that their accounts are safe and secure.
It also allows Google to provide a more tailored experience to its users, which is beneficial for both parties.
How Does Gmail Use Your Phone Number?
When you sign up for a Gmail account, Google requires you to provide your phone number.
This is done for several reasons.
Firstly, it allows Google to verify that the user is a real person and not a malicious actor trying to gain access to someone else’s account.
It also allows Google to send notifications and security alerts to users regarding their account activity.
Furthermore, Google can use the phone number to provide a more personalized experience, such as suggesting contacts and birthday reminders.
Google can also use the phone number to authenticate users when they access their account from a new device.
This helps to ensure that the user is who they say they are and is not a malicious actor trying to gain access.
It also allows for two-factor authentication, which adds an extra layer of security to the user’s account.
Google also uses the phone number to offer its users services such as Google Voice and Google Duo.
Google Voice allows users to make and receive phone calls and texts from their Gmail account, while Google Duo allows users to make video calls.
These services can be used to keep in touch with friends, family, and colleagues.
Finally, Google may use the phone number to improve its advertising services.
By having access to a user’s phone number, Google can better target ads to the user, making them more relevant and potentially more successful for the advertiser.
In conclusion, there are many reasons why Google requires its users to provide a phone number when signing up for a Gmail account.
By having access to a user’s phone number, Google can verify their identity, send notifications and security alerts, provide a more personalized experience, authenticate users when they access their account from a new device, offer services such as Google Voice and Google Duo, and improve its advertising services.
The Benefits of Providing Your Phone Number
When you provide your phone number to Gmail, you are allowing Google to take extra measures to ensure your account safety.
By having your phone number, Google can verify that you are a real person and not a malicious actor.
This helps to greatly reduce the chances of someone gaining access to your account without your permission.
Additionally, having your phone number also allows Google to send you notifications and security alerts related to your account activity.
This helps you to stay informed of any suspicious activity and allows you to take action if needed.
Finally, having access to your phone number allows Google to provide a more personalized experience.
For example, Google can use your phone number to suggest contacts or remind you of birthdays.
This helps to make your experience with Gmail more efficient and convenient.
All in all, providing your phone number to Gmail is beneficial in many ways.
It helps to ensure the security of your account, keep you informed of any suspicious activity and allows Google to provide a more personalized experience.
Are There Any Downsides to Providing Your Phone Number?
When it comes to providing your phone number to Gmail, there are both pros and cons to consider.
On the plus side, having a verified phone number associated with your account allows Google to better protect your data by providing additional layers of security.
Additionally, it gives Google the ability to provide you with a more personalized experience, such as suggesting contacts and providing reminders of important dates.
However, there are a few potential downsides to providing your phone number.
For one, it could potentially make your account more vulnerable to cyber attacks if the phone number is not kept secure.
Additionally, it can open you up to potential spam and unwanted marketing calls from third parties, as your phone number may be shared with other companies.
Furthermore, if you are using a number that is not associated with your name, it could potentially lead to confusion if Google contacts you regarding any issue with your account.
How to Protect Your Phone Number
When it comes to protecting your phone number, it’s important to remember that Google has your best interests in mind. While they do require your phone number to verify your identity and secure your account, they also use the number to provide you with a more personalized experience and notifications. To ensure that your number stays secure, here are a few tips to keep in mind:
Use strong passwords and two-factor authentication.
Make sure to use a unique and complex password for your Gmail account and enable two-factor authentication if available.
This will help to keep your account secure and prevent malicious actors from accessing your personal information.
Limit access to your phone number.
You should only provide your phone number to people you trust.
Additionally, make sure to double-check the security settings on any websites or apps that require your phone number.
Regularly monitor your account activity.
Google provides notifications and security alerts regarding your account, so make sure to check them regularly.
If you notice any suspicious activity, contact Google immediately.
These tips will help you protect your phone number and keep your account secure.
Remember, Google is committed to providing the best experience for its users, and by providing your phone number, you can benefit from a more personalized experience.
What to Do If You Dont Have a Phone Number
For many people, having a phone number is an essential part of their daily lives.
But for some, they dont have access to a phone number or they are uncomfortable providing it to Google.
Fortunately, Google provides a way for those users to still access their Gmail account.
The first option is to use two-factor authentication.
This requires the user to enter their password and then enter a code sent to their email address.
This code is only valid for a few minutes, so its important to enter it quickly.
Once the code is entered and accepted, the user can access their account.
Another option is to use a recovery email address.
This requires the user to provide a backup email address that can be used to reset their password if needed.
This address can be a different Gmail account, or it can be any other email address.
Google also has a Backup Codes option.
This allows the user to generate a series of one-time use codes that can be used to log in to their account if they forget their password.
Finally, Google also offers an Account Recovery Tool.
This is a more advanced option that requires the user to answer a series of security questions.
Once the questions are answered correctly, the user will be able to reset their password and regain access to their account.
Although having a phone number is the most secure way to verify a users identity, Google does provide alternative options for those who dont have access or are uncomfortable providing a phone number.
Using two-factor authentication, a recovery email address, backup codes, or the Account Recovery Tool are all viable alternatives to using a phone number.
Final Thoughts
Gmail is an invaluable tool that is used by millions of people every day.
By requiring users to provide a phone number for identity and security purposes, Google is ensuring that your account is safe and secure.
Furthermore, by having access to a user’s phone number, Google can provide a more personalized experience.
However, it’s important to remember to protect your personal information and phone number by making sure your account is secure and monitoring activity on your account.
If you don’t have a phone number, you can still use Gmail and its services, but you may miss out on some of the personalized features.
So, if you’re looking for an email service that is secure, reliable, and personalized, Gmail is the perfect choice.
James Wilson
James Wilson has extensive knowledge in the information technology industry.His second love, besides dealing with computers, is smart home technology. He is continually updating information to better comprehend this problem and has a deep understanding of the apartment’s support system.
Recent Posts
|
ESSENTIALAI-STEM
|
Phoebe White, Divya Narendra
Phoebe Aase Grethe White and Divya Kumar Narendra were married June 17 at the Wainwright House, an event space in Rye, N.Y. Devbala Ramanathan, an aunt of the groom who is a Vedic scripture and culture specialist and is authorized to perform rites, officiated. Ms. White, 28, is a bond research analyst in the investment bank of JPMorgan Chase & Company in New York. She graduated summa cum laude from Princeton and is a chartered financial analyst. She is a daughter of Kristin Holby Darnell of Larchmont, N.Y., and Sebastian N. White of Geneva. The bride’s father is a nuclear physicist at the CERN (European Council for Nuclear Research) laboratory in Geneva. The bride’s mother, a model who was known professionally as Clotilde, was an actress and had the dress shop Clotilde in Larchmont. The bride is also a stepdaughter of Dr. James E. Darnell, a molecular cell biologist who is a professor emeritus at Rockefeller University in New York. Mr. Narendra, 35, is the chief executive and a founder of SumZero, a New York-based company that operates an online community for investment professionals. He graduated cum laude from Harvard and received a law degree and an M.B.A. from Northwestern. He was also a founder of ConnectU, a part of his life that was depicted in the 2010 film “The Social Network,” a fictionalized look at the people behind Facebook. He is a son of Dr. Sudhanshu Narendra and Dr. Dharamjit Narendra Kumar of Sands Point, N.Y. The groom’s mother, a pediatrician, and father, a geriatrician and palliative medicine specialist, share a practice in New York. The couple met in 2013 at a bar in New York, when Mr. Narendra wandered, uninvited, into a birthday party that Ms. White was attending. They spoke for only a couple of minutes. But she had given him just enough information for him to later track her down online. Soon he had her email, and a date.
|
NEWS-MULTISOURCE
|
OracleSidney V. commented on my post Performing Math on Oracle Dates that he was looking for a way to calculate the last weekday of a month. After some research I concluded that Oracle does not provide a function for this, so I wrote one.
I started with the last_day Oracle function to find the last day of the month. I’m using December 2005 as an example as the last day of the month was a Saturday.
SELECT last_day(to_date('12/2005','MM/YYYY')) FROM dual;
LAST_DAY(
---------
31-DEC-05
This gives us the last day of the month regardless of the day of the week. Now we rewind from that 7 days by subtracting 7 from the date so we can look at the last week in detail.
SELECT last_day(to_date('12/2005','MM/YYYY')) - 7 FROM dual;
LAST_DAY(
---------
24-DEC-05
This lets us start 7 days before the end of the month. Now we can look at this last week in detail. To see the last Monday of the month we use the next_day function to go forward from the last_day() - 7.
SELECT
next_day((last_day(to_date('12/2005','MM/YYYY')) - 7), 'Monday') AS day
FROM dual;
DAY
---------
26-DEC-05
Using this we could find the last Monday, Tuesday, etc. of the month. In this case we want to find the last weekday (Monday through Friday) of the month. We can accomplish this with a UNION of several of these statements.
SELECT day
FROM (SELECT next_day((last_day(to_date('12/2005','MM/YYYY')) - 7), 'Monday') AS day FROM dual)
UNION (SELECT next_day((last_day(to_date('12/2005','MM/YYYY')) - 7), 'Tuesday') AS day FROM dual)
UNION (SELECT next_day((last_day(to_date('12/2005','MM/YYYY')) - 7), 'Wednesday') AS day FROM dual)
UNION (SELECT next_day((last_day(to_date('12/2005','MM/YYYY')) - 7), 'Thursday') AS day FROM dual)
UNION (SELECT next_day((last_day(to_date('12/2005','MM/YYYY')) - 7), 'Friday') AS day FROM dual);
DAY
---------
26-DEC-05
27-DEC-05
28-DEC-05
29-DEC-05
30-DEC-05
So we know when the last Monday, Tuesday, Wednesday, Thursday, and Friday of this month was, but which was latest? For that we’ll apply the SQL MAX function to the results of the above union. To do this we put the union above in the FROM part of the query.
SELECT MAX (day)
FROM ((SELECT next_day((last_day(to_date('12/2005','MM/YYYY')) - 7), 'Monday') AS day FROM dual)
UNION (SELECT next_day((last_day(to_date('12/2005','MM/YYYY')) - 7), 'Tuesday') AS day FROM dual)
UNION (SELECT next_day((last_day(to_date('12/2005','MM/YYYY')) - 7), 'Wednesday') AS day FROM dual)
UNION (SELECT next_day((last_day(to_date('12/2005','MM/YYYY')) - 7), 'Thursday') AS day FROM dual)
UNION (SELECT next_day((last_day(to_date('12/2005','MM/YYYY')) - 7), 'Friday') AS day FROM dual));
MAX(DAY)
---------
30-DEC-05
Now we have the date of the last weekday of the month. The Oracle to_char function can be applied to this result to get the date in a different format.
SELECT to_char(MAX (day), 'DAY, MM/DD')
FROM ((SELECT next_day((lASt_day(to_date('12/2005','MM/YYYY')) - 7), 'Monday') AS day FROM dual)
UNION (SELECT next_day((lASt_day(to_date('12/2005','MM/YYYY')) - 7), 'Tuesday') AS day FROM dual)
UNION (SELECT next_day((lASt_day(to_date('12/2005','MM/YYYY')) - 7), 'Wednesday') AS day FROM dual)
UNION (SELECT next_day((lASt_day(to_date('12/2005','MM/YYYY')) - 7), 'Thursday') AS day FROM dual)
UNION (SELECT next_day((lASt_day(to_date('12/2005','MM/YYYY')) - 7), 'Friday') AS day FROM dual))
;
TO_CHAR(MAX(DAY)
----------------
FRIDAY , 12/30
Now let’s try this logic on another date to make sure it’s sound. We’ll try today (Jan, 6 2006).
SELECT to_char(MAX (day), 'DAY, MM/DD')
FROM (
(SELECT next_day((last_day(sysdate) - 7), 'Monday') AS day FROM dual)
UNION (SELECT next_day((last_day(sysdate) - 7), 'Tuesday') AS day FROM dual)
UNION (SELECT next_day((last_day(sysdate) - 7), 'Wednesday') AS day FROM dual)
UNION (SELECT next_day((last_day(sysdate) - 7), 'Thursday') AS day FROM dual)
UNION (SELECT next_day((last_day(sysdate) - 7), 'Friday') AS day FROM dual)
)
;
TO_CHAR(MAX(DAY)
----------------
TUESDAY , 01/31
So the logic works, but this would be a lot of typing if you wanted to use it, so let’s make it into a function so we can use it anywhere in the database.
CREATE OR REPLACE FUNCTION last_weekday(month_check DATE DEFAULT sysdate)
RETURN date
IS
last_weekday_date DATE;
BEGIN
SELECT MAX(day) INTO last_weekday_date
FROM ((SELECT next_day((last_day(month_check) - 7), 'Monday') AS day FROM dual)
UNION (SELECT next_day((last_day(month_check) - 7), 'Tuesday') AS day FROM dual)
UNION (SELECT next_day((last_day(month_check) - 7), 'Wednesday') AS day FROM dual)
UNION (SELECT next_day((last_day(month_check) - 7), 'Thursday') AS day FROM dual)
UNION (SELECT next_day((last_day(month_check) - 7), 'Friday') AS day FROM dual));
RETURN last_weekday_date;
END;
/
Note: If you want other users to be able to use this function you have to grant them execute on it. Creating a synonym for it may also be usefull.
Now let's test drive the function we created. We assigned a default of sysdate so if we call it without any parameters it should return the last weekday of the current month.
SELECT last_weekday FROM dual;
LAST_WEEKDAY_DATE
---------
31-JAN-06
If we pass this function a date as a parameter it will return the last weekday of that month.
SELECT last_weekday(to_date('12/2005','MM/YYYY')) FROM dual;
LAST_WEEK
---------
30-DEC-05
Thanks Sidney for the challenge!
UPDATE: Oraboy writes with this algorithm. His code is much shorter than mine and likely more efficient. Thanks Oraboy!
With date_v as
(select last_day(to_date('&MM-&DD-&yyyyy','MM-DD-YYYY')) mydate from dual)
select max(date_v.mydate-(i-1)) last_weekday
from date_v,(select level i from dual connect by level < =3) where to_char(date_v.mydate-(i-1),'Dy') not in ('Sat','Sun')
oracle, sql, dba, database administration, database development
|
ESSENTIALAI-STEM
|
How to Maximize Your Bunker’s Lifespan
How to Maximize Your Bunker’s Lifespan
How Long Do Bunkers Last? + Maximize Your Bunker’s Lifespan
Introduction
Bunkers have long been synonymous with survival and security. Whether you’re preparing for a natural disaster, a societal collapse, or simply want a safe place to retreat to, bunkers offer a sense of protection and peace of mind. But how long do bunkers actually last? And more importantly, how can you maximize their lifespan?
The Lifespan of Bunkers
The lifespan of a bunker largely depends on various factors such as its construction, location, and maintenance. However, generally speaking, a well-built bunker can last for several decades, if not longer.
Factors Affecting the Lifespan of Bunkers
Several factors can impact the lifespan of a bunker:
1. Construction Materials: The choice of construction materials plays a crucial role in determining the longevity of a bunker. High-quality, durable materials such as reinforced concrete and steel are known for their resistance to wear and tear, extreme temperatures, and corrosion.
2. Location: The location of a bunker is another important factor to consider. Bunkers built in areas prone to natural disasters like earthquakes or floods may have a shorter lifespan compared to those constructed in more stable regions.
3. Waterproofing: Proper waterproofing techniques are essential to prevent leaks and moisture accumulation inside the bunker. Water can cause damage to the structural integrity of the bunker over time, so investing in effective waterproofing measures is crucial.
4. Ventilation and Air Circulation: Adequate ventilation and air circulation are necessary to maintain a healthy living environment inside the bunker. Without proper air exchange, the bunker can become damp and prone to mold growth, which can deteriorate its lifespan.
5. Maintenance: Regular maintenance is key to maximizing the lifespan of a bunker. Inspecting for any signs of damage, repairing any deterioration, and addressing issues promptly will help ensure the longevity of the structure.
Maximizing Your Bunker’s Lifespan
Now that we’ve discussed the factors that can affect the lifespan of a bunker, let’s explore some practical tips to help you maximize its longevity:
Choose High-Quality Construction Materials
Invest in high-quality construction materials from the start. Reinforced concrete and steel are known for their durability and longevity. While they might be pricier upfront, they will save you money in the long run by reducing the need for frequent repairs and replacements.
Properly Waterproof Your Bunker
Water damage can significantly impact the structural integrity of a bunker. Invest in proper waterproofing measures such as sealing cracks, applying water-resistant coatings, and installing drainage systems. Regularly inspect for any signs of water infiltration and address them promptly.
Ensure Proper Ventilation and Air Circulation
Maintaining good air quality inside the bunker is essential for both the inhabitants and the structural integrity of the structure. Install ventilation systems that allow for efficient air exchange and prevent the buildup of moisture, humidity, and mold.
Regular Maintenance and Inspections
Don’t neglect the maintenance and regular inspections of your bunker. Conduct routine checks for any signs of damage or wear. Address any issues promptly to prevent further deterioration.
Consider Bunker Location Carefully
When choosing the location of your bunker, consider factors such as the stability of the region, proximity to natural resources, and accessibility. Avoid areas prone to natural disasters that could potentially damage or compromise the integrity of the bunker.
Protect Against Extreme Temperatures
Extreme temperatures can have a negative impact on the lifespan of your bunker. Depending on your location, you may need to consider insulation and temperature control measures to protect against extreme heat or cold. This could include proper insulation, reflective coatings, or even passive solar design.
My 2 Cents
Bunkers can provide a safe haven during uncertain times, and their lifespan largely depends on the quality of construction and maintenance. By choosing high-quality materials, properly waterproofing, ensuring ventilation and air circulation, conducting regular maintenance, and selecting the right location, you can significantly enhance the longevity of your bunker.
Remember, a well-built and well-maintained bunker not only provides physical protection but also peace of mind. Investing in the longevity of your bunker is an investment in your future survival and security. Stay prepared, stay safe!
|
ESSENTIALAI-STEM
|
Brazil's Movile says it has raised $500 million for its iFood delivery app
SAO PAULO (Reuters) - Brazilian technology firm Movile on Tuesday said it had raised $500 million of fresh funds for its iFood app, aimed at making it one of the world’s biggest players in the meals delivery market. The money was raised among iFood’s current investors, including South African media group Naspers, which owns Movile, and Brazilian billionaire Jorge Paulo Lemann, said Movile founder and president Eduardo Henrique in a phone interview. He declined to specify the investors’ respective contributions. Of the total, $100 million had been raised in recent weeks and the remaining $400 million was pledged this week, he said. The funding injection was first reported by TechCrunch. Latin America’s largest food delivery app, iFood operates in 483 Brazilian cities, working alongside 50,000 restaurants and with around 120,000 motorcycle delivery personnel. The company, which says it made an average of 390,000 deliveries per day in October, more than double the same period in 2017, also has units in Colombia and Mexico. Henrique said the funds raised will be invested in technologies such as artificial intelligence to optimize the logistics of deliveries. “We are inspired by experiences of companies from the same sector in China and I think it’s early days in Brazil,” said Henrique. “We can triple the number of restaurants.” He cited the case of Chinese food delivery company Meituan Dianping, which debuted on the Hong Kong stock exchange last month, valued at about $55 billion. In addition to iFood, Movile is also an investor in a payments fintech called Zoop, a ticketing application called Sympla and a children’s entertainment platform called Playkids. Reporting by Alusio Alves, Editing by Rosalba O'Brien
|
NEWS-MULTISOURCE
|
In re DAYTON TITLE AGENCY, INC., Debtor. The White Family Companies, Inc.; Nelson D. Wenrick, Appellees, v. Ruth A. Slone, as Trustee of the Bankruptcy Estate of Dayton Title Agency (12-3265); PNC Bank, National Association, successor by merger to National City Bank (12-3359), Appellants.
Nos. 12-3265, 12-3359.
United States Court of Appeals, Sixth Circuit.
Argued: Jan. 16, 2013.
Decided and Filed: July 31, 2013.
Rehearing Denied Aug. 27, 2013.
ARGUED: Stephen D. Brandt, Dayton, Ohio, for Appellant in 12-3265. Marcel C. Duhamel, Vorys, Sater, Seymour and Pease LLP, Cleveland, Ohio, for Appellant in 12-3359. Paul H. Shaneyfelt, Dungan & Lefevre Co., L.P.A., Troy, Ohio, for Appellee White Family Companies in 12-3265 and 12-3359. Dianne F. Marx, Sebaly Shillito + Dyer, Dayton, Ohio, for Appellee Wenrick in 12-3359. ON BRIEF: Stephen D. Brandt, Dayton, Ohio, for Appellant in 12-3265. Marcel C. Duhamel, Heather M. Lutz, Vorys, Sater, Seymour and Pease LLP, Cleveland, Ohio, Terry M. Miller, Vorys, Sater, Seymour and Pease LLP, Columbus, Ohio, for Appellant in 12-3359. Paul H. Shaneyfelt, Dungan & Lefevre Co., L.P.A., Troy, Ohio, for Appellee White Family Companies in 12-3265 and 12-3359. Dianne F. Marx, Sebaly Shillito + Dyer, Dayton, Ohio, for Appellee Wen-rick in 12-3359.
Before: BATCHELDER, Chief Judge; MERRITT and KETHLEDGE, Circuit Judges.
BATCHELDER, C.J., delivered the opinion of the court in which, MERRITT and KETHLEDGE, J.J., joined. MERRITT, J. (pp. 686-87), delivered a separate concurrence.
OPINION
ALICE M. BATCHELDER, Chief , Judge.
I.
Dayton Title Agency (Dayton Title) was a small company that brokered financial transactions, primarily real estate closings. As part of its operation, it had an “IOTA” (interest on Trust Account) banking account at PNC Bank (then National City Bank) to hold clients’ funds in trust as money was passed from one party to the other in a transaction.’
Dayton Title facilitated a series of loans that the defendants, White Family Companies (“White”) and Nelson Wenrick, made to one Krishan Chari and his business partner Michael Karaman, as well as to their corporate interests, The Chari Group, Ltd., and Invesco, LLC, (collectively, “Chari”). During 1998 and 1999, White made a series of five short-term “bridge loans” to Chari, ranging from $1.9 million to $8.2 million, for 30 to 45 days, to facilitate specific commercial real estate purchases by Chari. Wenrick made a sixth bridge loan to Chari for $1.2 million in 1999. In all these transactions, the lender would deposit the funds into Dayton Title’s PNC account and Dayton Title would then transfer the funds to Chari. Chari’s loan payments would also pass through Dayton Title’s account. These first six loans “were paid back in full, but not always before the due dates.” In re Dayton Title Agency, Inc., 292 B.R. 857, 863 (Bankr.S.D.Ohio 2003).
White and Wenrick each provided another bridge loan to Chari in September of 1999, for $3.2 million and $1.6 million, respectively, or $4.8 million total. Id. Chari agreed to pay back the loans, with interest, by October 3,1999. Several days after the deadline Chari paid back the loans, but both checks bounced because of insufficient funds. Finally, on October 19, Chari deposited a check for the full amount owed ($4.885 million once interest was accounted for) into Dayton Title’s trust account at PNC. “The check was purportedly drawn on a[n] ... account at Oak Hill Bank. The teller at [PNC] did not place a hold on the check Chari deposited.” Id. at 864.
Continuing in its role as intermediary, Dayton Title “[o]n that same day” and “pursuant to Chari’s instructions” issued checks to White and Wenrick. Id. On October 20, PNC extended a “provisional credit” to Dayton Title for $4.885 million (the face value of Chari’s check), pursuant to PNC’s standard “Rules for Business Accounts.” Banks routinely extend these credits to a customer’s checking account while a. check is clearing, allowing the funds from the check to be “available” before the check has been fully processed (this is discussed more fully below). White exchanged its check from Dayton Title for an official bank check on October 20. Wenrick deposited his check at another bank and it cleared on October 25. On October 26, PNC learned that Chari’s check was a forgery drawn on a non-existing account at another bank. Chari deposited two additional checks in Dayton Title’s account in the subsequent weeks, but both' were returned for insufficient funds.
PNC then exercised its right of “charge back” on the Dayton Title account. There was about $740,000 already in the account (made up of third-party funds and Dayton Title’s fees for other transactions) when Dayton Title deposited Chari’s cheek. The provisional credit from PNC added $4,885 million to the account (the face value of the check). The payments to White and Wen-rick then debited $4,885 million from the account, leaving $740,000. Because of the “first-in first-out” rule, the $4,885. million paid to White and Wenrick was made up of the $740,000 already in the account and about $4.1 million from the provisional credit funds. PNC’s charge-back debited $4,885 million. PNC regained about $740,000 of the provisional credit funds it advanced and left Dayton title with a negative balance of about $4.1 million. It is the roughly $4.1 million from the provisional credit funds, which were subsequently transferred to White and Wenrick, that is contested on appeal.
PNC froze Dayton Title’s account on November 4, and Dayton Title was forced into bankruptcy. Chari and his corporate entities declared bankruptcy and Chari was convicted on charges of racketeering, fraud, and forgery. After .Dayton Title filed for bankruptcy, the bankruptcy estate sued White and Wenrick, seeking to avoid the $4,885 million transfer to those parties as a fraudulent transfer under federal and state law. See 11 U.S.C. § 548; Ohio Rev. Code § 1336.04(A)(2). PNC intervened as an additional plaintiff, suing White and Wenrick for fraudulent transfer and unjust enrichment. The bankruptcy court held that all but $722,101.49 of the transfer to 'White and Wenrick was fraudulent. On appeal, the district court held that all but $20,747.13 of the transfer was not fraudulent. The Dayton Title estate and PNC now appeal.
II.
When a case originates in bankruptcy court, we review the decision of the bankruptcy court directly. See Stevenson v. J.C. Bradford and Co., 277 F.3d 838, 849 (6th Cir.2002) (In Re Cannon II). We give no deference to the opinion of the district court. Id. Because we review a grant of summary judgment here, we review the bankruptcy court’s decision de novo. Id.
The only question on appeal is whether that portion of the payment to "White and Wenrick that was drawn from the money that PNC had advanced was an “asset” of Dayton Title for purposes of Ohio’s fraudulent transfer statute. Federal bankruptcy law allows a claimant to bring a fraudulent transfer claim under both federal and state law. A federal claim is brought under 11 U.S.C. § 548. A state fraudulent transfer claim may be brought in a bankruptcy case under 11 U.S.C. § 544 and the applicable state provision. See In re Fordu, 201 F.3d 693, 697 n. 3 (6th Cir.1999) (“The section 544 ‘strong-arm’ provision of the Code allows the trustee to ‘step into the shoes’ of a creditor in order to nullify transfers voidable under state fraudulent conveyance acts for the benefit of all creditors.”).
Here, Dayton Title appeals under 11 U.S.C. § 544 and the Ohio Uniform Fraudulent Transfer Act (UFTA). See Ohio Rev.Code § 1336.01 et seq. In Ohio, a transfer is fraudulent as to a creditor if:
(1) It is “[a] transfer made or an obligation incurred by a debtor,”
(2) “the debtor made the transfer or incurred the obligation ... [w]ithout receiving a reasonably equivalent value in exchange for the transfer or obligation,” and
(3) “either of the following applies: (a) The debtor was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; (b) The debtor intended to incur, or believed or reasonably should have believed that he would incur, debts beyond his ability to pay as they became due.”
Ohio Rev.Code § 1336.04(A)(2).
Both the district court and the bankruptcy court found that the second and third elements of the claim are satisfied here, and we agree. Dayton Title did not receive a “reasonably equivalent value” in exchange for its payments to White and Wenrick. As the bankruptcy court explained, the transfer “created $4,885,000.00 in new claims against Dayton Title that did not exist prior to the transfer.” In re Dayton Title Agency, Inc., 262 B.R. 719 (Bankr.S.D.Ohio 2001). Dayton Title received nothing of value in return for the transfer; nor was the transfer made to satisfy any obligation of Dayton Title, because Chari, not Dayton Title, owed the money to White and Wenrick.
The transaction also left Dayton Title with remaining assets that were unreasonably small in relation to the business or transaction. See id. at 732. In fact, the transaction left Dayton Title some $4.1 million in debt. Again, “[t]he transfer not only depleted Dayton Title’s assets, but left it unable to continue in business.” Id. at 733.
It is the first element of the claim— whether the transaction was a “transfer” for purposes of the Ohio statute — that is at issue in this appeal.
III.
The question in this case is whether the payments made to White and Wen-rick qualify as a “transfer made ... by the debtor.” A “transfer” is defined as a means of disposing of an “asset.” See Ohio Rev.Code § 1336.01(L). An “asset” is defined as “property of a debtor.” See Ohio Rev.Code § 1336.01(B). The definition of an asset excludes, however, all of the following:
(1)Property to the extent it is encumbered by a valid lien;
(2) Property to the extent it generally is exempt under nonbankruptcy law, including, but not limited to, section 2329.66 of the [Ohio] Revised Code;
(3) An interest in property held in the form of a tenancy by the entireties created under section 5302.17 of the [Ohio] Revised Code prior to April 4, 1985, to the extent it is not subject to process by a creditor holding a claim against only one tenant.
Id. The primary question on appeal is whether White and Wenrick received Dayton Title’s “assets,” because these plaintiffs may bring a fraudulent transfer claim only for assets that belonged to Dayton Title.
For purposes of this question, the bankruptcy court split the $4.885 million payment to White and Wenrick into three parts: (1) $20,747.13 in the account that constituted fees and expenses owed to Dayton Title in connection with various real estate closings; (2) $722,101.49 that Dayton Title was holding in its account on behalf of third parties at the time of the transfer; and (3) $4,142,151.38 that came from PNC’s provisional credit and resulted in a negative balance on Dayton Title’s account when PNC charge-backed the credit after the check was returned. In re Dayton Title Agency, Inc., 292 B.R. 857, 864, 870 (2003). Both the bankruptcy court and the district court held that the first part — Dayton Title’s fees — is property of the estate, and that portion of the transfer is fraudulent. Both courts also held that the second part — the third party trust funds — is not property of the estate, and that portion of the transfer is not fraudulent. These conclusions are not challenged by the parties. Only the third part — the transfer of the provisional credit funds — is disputed in this appeal.
White and Wenrick argue that the provisional credit funds are not the assets of Dayton Title: (A) the funds are trust funds belonging to a third party, or, alternatively, (B) the funds are subject to PNC’s valid lien on the fraudulent check.
A.
The first argument is that the provisional credit funds transferred from Dayton Title to White and Wenrick were trust funds and, therefore, were not the “assets” of Dayton Title. The lower court opinions and the briefs primarily struggle with the application of Stevenson v. J.C. Bradford, and Co., 277 F.3d 838 (6th Cir.2002) (In re Cannon II). Cannon II grappled with the definition of “property of the estate” in a federal fraudulent transfer claim, not a state claim. We note, however, that at least one Ohio bankruptcy court has found the federal and state claims to be “substantially similar.” See In re Grove-Merritt, 406 B.R. 778, 789 (Bankr.S.D.Ohio 2009). The bankruptcy court here applied Cannon II without questioning the federal-state distinction because the district court had remanded the case to the bankruptcy court specifically for consideration of Cannon II, finding that Cannon II applied based on the reasoning of Grove-Merritt.
The court in Cannon II found that “property of the estate” included only “that property that would have been part of the estate had it not been transferred before the commencement of the bankruptcy proceedings.... ‘[B]ecause the debtor does not own an equitable interest in property he holds in trust for another, that interest is not property of the estate.’ ” Cannon II, 277 F.3d at 849 (quoting Begier v. IRS, 496 U.S. 53, 58-59, 110 S.Ct. 2258, 110 L.Ed.2d 46 (1990)). Thus, assets held in trust are excluded from the debtor’s estate and are not subject to fraudulent transfer claims because the holder of a trust has only legal title. Id. State law determines whether an asset is held in trust. Id.
Under Ohio law a trust is created when there is:
[1] an explicit declaration of trust, or circumstances which show beyond reasonable doubt that a trust was intended to be created, [2] accompanied with an intention to create a trust, [3] followed by an actual conveyance or transfer of lawful, definite property or estate or interest, made by a person capable of making a transfer thereof, for a definite term, [4] vesting the legal title presently in a person capable of holding it.
Ulmer v. Fulton, 129 Ohio St. 323, 195 N.E. 557, 564 (1935). The existence of a trust must be shown by clear and convincing evidence. Hill v. Irons, 160 Ohio St. 21, 113 N.E.2d 243, 248 (1953).
The provisional credits in this case were not held in trust for a third party under Ohio law. At first glance, both of the first two elements of a trust appear to be satisfied here: Dayton Title established a trust account, evidencing an intention to create a trust. Dayton Title intended to create a trust relationship with Chari. However, there is no trust here because there was no actual conveyance from Chari to Dayton Title. Dayton Title received the funds from PNC as part of its contractual banking agreement with PNC. Dayton Title did not receive the funds from Chari — Chari’s check bounced, so Chari put no funds into Dayton Title’s account.
And while PNC did in fact actually convey funds to Dayton Title, PNC did not place those funds in trust. There was never an explicit declaration of trust by PNC nor are there circumstances showing that PNC intended to place property in trust. There is no evidence that Dayton Title intended to hold property from PNC in trust. There may have been an actual conveyance between PNC and Dayton Title, but the first two elements are not satisfied. Nor, importantly, can the transfer from PNC to Dayton Title vest legal title in Dayton Title and vest equitable title in White and Wenrick. Dayton Title could be obligated to pay the funds to White and Wenrick only if the funds had come from Chari.
White and Wenrick argue that Dayton Title was so obligated: because Dayton Title would have been obligated to pay Chari’s check to White and Wenrick, Dayton Title should hold the provisional credits in trust as well. But again, Chari never conveyed any funds to Dayton Title. As the bankruptcy court put it: “the trust relationship, if one had been created, would have been between Chari and Dayton Title and, then, only to the extent Chari’s check resulted in a lawful conveyance of property. Because this did not occur, no trust relationship was created.” In re DTA, 292 B.R. at 872.
The district court nonetheless held that Cannon II demanded a different conclusion. Cannon was a Tennessee attorney who did a high volume of real estate closings, averaging over 100 closings a month, and who had between $5 and $10 million flowing through his trust accounts each month as a result. Cannon II, 277 F.3d at 843. Cannon embezzled money from the accounts and kited checks as well. Id. at 844. At some point, Cannon also deposited personal funds into the trust account in an attempt to hide the scheme. Id. at 851. After Cannon was caught and filed for bankruptcy, a federal fraudulent transfer suit was brought against the investor to whom he had paid much of the embezzled funds. An accounting of the embezzled funds estimated that 83% of them were real estate closing funds taken from Cannon’s clients, 15% could be traced to cheek kiting, and about 0.5% was traceable to Cannon’s personal assets. Id. at 846.
■ The court in Cannon II made three separate holdings, all based on Tennessee law. First, “the funds Cannon held in escrow for his clients were without question maintained in an express trust” under Tennessee law. Id. at 850. Because they were trust funds, the funds held in escrow were outside the estate and not subject to the fraudulent transfer statute. Second, the court considered the personal funds that Cannon had deposited into the trust account. The court decided that the personal funds had become part of the escrow account because they were restitution for misappropriated funds. Id. at 851 (citing G.G. Bogert, et al., The Law of Trusts and Trustees § 929 (“Deposits as restorations of trust funds after misappropriation”) (rev.2d ed.1984)). Third, the court held that the funds misappropriated from the escrow accounts were considered converted under Tennessee law. Since “one who obtains property by conversion acquires no title, voidable or otherwise,” any misappropriated funds could not be part of Cannon’s estate. Id.
In the present case, the district court reasoned that the provisional credit funds that Cannon received as part of his check-kiting scheme were analogous to the provisional credit funds Dayton Title received as a result of Chari’s fraudulent check. The district court explained:
Of particular present pertinence is the Sixth Circuit’s conclusion that $1,137,500 in Cannon’s trust accounts was not property of his bankruptcy .estate, even though that sum was based on provisional credits made as a result of a check kiting scheme. Similarly, herein, [the bank] made provisional credits to DTA’s trust account, based upon the deposit therein of a forged check.
The district court concluded that the provisional credits here must also be trust funds. While the similarities between the two cases are facially appealing, the district court’s argument overlooks important differences.
None of the holdings in Cannon II applies to the provisional credit funds here. As explained above, the provisional credit funds here were not held in trust for a client or any other third party. Dayton Title never received any funds from Chari. Nor are the provisional credits analogous to the personal funds Cannon placed in his trust account as restitution. Dayton Title never misappropriated funds in the first place, so these provisional funds from PNC cannot be restitution. Finally, the provisional credits are not analogous to the funds converted by Cannon. The provisional credits were placed in Cannon’s account as a result of his own wrongdoing, whereas here the provisional credits were placed in Dayton Title’s account through no wrongdoing of its own. So where in Cannon II the court asked whether, under state law, Cannon converted the funds or obtained them by fraud, we never reach that question here because Dayton Title obtained the funds legitimately. This case was set in motion by Chari’s fraud, but Dayton Title obtained the funds according to the terms of its contract with PNC, not by conversion or fraud.
In sum, Cannon II is simply inapposite here. Dayton Title did not hold the provisional credit funds in trust.
B.
Next, White and Wenrick argue and the district court held that Dayton Title had only legal title and not equitable title to the transferred funds because PNC had a security interest in the funds. Under the U.C.C. as adopted in Ohio, PNC is both the “depositary bank” (“the first bank to take an item”) and a “collecting bank” (“a bank handling the item for collection except the payor bank”). See Ohio Rev. Code § 1304.01(B)(2) and (5). As a collecting bank, PNC arguably had a security interest in the funds under Ohio Rev.Code § 1304.20, which codifies U.C.C. § 4-210. That section provides as follows:
(a) A collecting bank has a security interest in an item and any accompanying documents or the proceeds of the item or documents in any of the following manners:
(1) In the case of an item deposited in an account, to the extent to which credit given for the item has been withdrawn or applied;
(2) In the case of an item for which it has given credit available for withdrawal as of right, to the extent of the credit given, whether or not the credit is drawn upon or there is a right of charge-back;
(3) If it makes an advance on or against the item.
(b) If credit given for several items received at one time or pursuant to a single agreement is withdrawn or applied in part, the security interest remains upon all the items, any accompanying documents, or the proceeds of either. For the purpose of this section, credits first given are first withdrawn.
(c) Receipt by a collecting bank of a final settlement for an item is a realization on its security interest in the item, accompanying documents, and proceeds. So long as the bank does not receive final settlement for the item or give up possession of the item or possession or cóntrol of the accompanying documents for purposes other than collection, the security interest continues to that extent and is subject to Chapter 1309[ ] of the Revised Code, except for all of the following:
(1) No security agreement is necessary to make the security interest enforceable under division (b)(3)(a) of section 1309.203 of the Revised Code.
(2) No filing is required to perfect the security interest.
(3) The security interest has priority over conflicting perfected security interests in the item, accompanying documents, or proceeds.
U.C.C. § 4-210, codified at Ohio Rev.Code § 1304.20. A collecting bank receives a security interest in a check (the “item”) and its proceeds to the extent it advances a provisional credit to a depositor’s account in recognition of that check, if the depositor can withdraw those funds “as of right.” Id. at (a)(2). The security interest is in the check itself and its proceeds; White and Wenrick argue that the security interest is also in the provisional credit funds.
The U.C.C. implies in subsection (c) above that the security interest plays an important role in recovering the bank’s provisional extension of funds, but it is unclear how it plays such a role. The district court agreed with White and Wen-rick that the U.C.C. security interest extends to the provisional funds:
Although the failure of [PNC] to claim a security interest could have affected its recovery during [Dayton Title’s] bankruptcy proceedings, [PNC] nevertheless had a security interest in the funds from forged checks Chari wrote on a closed account, by operation of law, pursuant to § 1304.20(A)(1). Therefore this Court agrees with the alternative premise of White and Wenrick that [Dayton Title] had nothing more than mere legal title to the funds that were transferred from its trust account to them, given that [PNC] had a security interest in those funds.
The district court here treats the “funds that were transferred” to White and Wen-rick as equivalent to the “funds from forged checks.” In the language of Ohio Rev.Code § 1304.20, the district court treats the transferred provisional credit funds as the “proceeds” of the forged checks, and so gives PNC a security interest in the transferred provisional credit funds. Thus, since the provisional credit funds cannot be an “asset” of Dayton Title “to the extent [they are] encumbered by a valid lien,” the transfer to White and Wen-rick by Dayton Title could not be invalidated as a fraudulent transfer under Ohio law. See Ohio Rev.Code § 1336.01(B). We disagree with the district court because the text of Ohio Rev.Code § 1304.20 simply does not support the idea that the provisional credit funds are the proceeds of the check.
Understanding how a successful check collection works provides a framework for analyzing the unsuccessful check collection here. The collection process can be viewed as a principal-agent or debtor-creditor relationship and can be conceptually divided into three steps. In the initial transaction, the depositor presents the check to the bank, and the bank takes the check and agrees to act as the collecting agent for the depositor. As Ohio Rev. Code § 1304.20 explains, the bank may also advance to the depositor a provisional credit for the face value of the check and receive a security interest in the check (the “item” in § 1304.20) and its proceeds. The second step in the process is the collection of the check. The depositor’s bank will pass along the check, usually through one or more intermediary banks, until it reaches the bank of the check-writer. That bank then withdraws the funds from the check-writer’s account and passes those funds back along the collection chain to the depositor’s bank. The third step is the “second transaction” between the depositor and the depositor’s bank, which is often invisible to the depositor. The depositor’s bank receives the funds from the check, keeps these funds in satisfaction of its security interest, and converts the provisional credit to the final payment (or “final settlement”) to the depositor. When a check cannot be collected, the bank can revoke the provisional credit and “charge back the amount of any credit given for the item to its customer’s account.” Ohio Rev.Code § 1304.24(A).
Here, the transfer to White and Wen-rick occurs during step two — while the check is being collected by PNC. PNC does have a security interest in Chari’s bad check because the first step of the check collection — i.e., the deposit of that check into Dayton Title’s PNC account— has been completed. That security interest is worth the value of the provisional credit, approximately $4.1 million. Although the check is worthless in hindsight, and so the security interest may seem worthless in hindsight, the Sixth Circuit has found that the security interest is worth as much as the bank “lent out” in provisional funds. See First Tennessee Bank v. Stevenson, 237 F.3d 716, 721 (6th Cir.2001) (In Re Cannon I). “For the period during which [the bank] extended a provisional credit ... the kited checks are worth every penny of their face value ... [because the depositor] exercised effective control over ‘cash’ money equivalent to the face value of the checks.” Id. at 721. The text of the U.C.C. demands this interpretation because it clearly contemplates a security interest that survives noncollection of the check. The First Tennessee court explained: “The security interest granted by article 4 is designed to cover situations where the deposited check is ultimately dishonored by the drawee institution by giving the depositor bank an expansive security interest. The security interest lies in the kited check itself, as well as all of its proceeds, whatever form they might take.” So PNC does have a security interest in the check under Ohio Rev.Code § 1304.20, which codifies U.C.C. § 4-210.
However, the provisional credit funds are not the “proceeds” of the check here. First, there is no express textual support for concluding that they are proceeds. Ohio Rev.Code § 1304.20 clearly grants PNC a security interest in the check itself and in its proceeds when PNC extends the provisional credit. It mentions nothing about a security interest in the funds PNC is extending.
Second, the initial transaction — where PNC receives Chari’s check from Dayton Title and extends provisional credit in return — cannot be the transaction that makes the provisional funds “proceeds” of the check. “Proceeds” include the following:
(A) whatever is acquired upon the sale, lease, license, exchange, or other disposition of collateral;
(B) whatever is collected on, or distributed on account of, collateral;
(C) rights arising out of collateral;
(D) to the extent of the value of collateral, claims arising out of the loss, nonconformity, or interference with the use of, defects or infringement of rights in, or damage to, the collateral; or
(E) to the extent of the value of collateral and to the extent payable to the debtor or the secured party, insurance payable by reason of the loss or nonconformity of, defects or infringement of rights in, or damage to, the collateral.
U.C.C. § 9-102(a)(64), codified at Ohio Rev.Code § 1309.102(a)(64). Whether the provisional credit may be labeled “proceeds” of the check later in the collection process when the check clears and the provisional credit automatically becomes the final payment on the check, it can only become the proceeds of the check as a result of that collection process and the “second transaction” with the depositor. It cannot become proceeds as the result of just the initial transaction. The check is not “collateral” for the provisional credit until the initial transaction is completed. So while the provisional credit is acquired in “exchange” for the check or “distributed on account of’ the check, that check is not collateral until after the provisional credit has been extended. Looking at the initial transaction in isolation, there is no reason to believe that PNC receives a security interest in the money it advances. This was the only transaction that had been completed by the time Dayton Title transferred the funds to White and Wenrick. Since the initial transaction did not extend PNC’s security interest to the provisional funds, PNC did not have a lien on the funds, and the funds were the property of Dayton Title.
Third, there is no support for the idea that the bad check here had “proceeds” at all. The check was fraudulent, written on a non-existing account. While it is true that U.C.C. § 4-210(c) presumes that even uncollected checks can have “proceeds,” there is no reason why this uncollected check must have proceeds. A fraudulent check, drawn on a non-existent account, is unlikely to have proceeds.
This holding is consistent with First Tennessee, despite that case’s declaration of an “expansive security interest” in a check and its “proceeds, whatever form they might take.” First Tennessee Bank, 237 F.3d at 721. First Tennessee makes this broad claim in a context very different from the context here. First Tennessee Bank was able to recover its provisional credit through its right of charge-back, after the depositor had transferred funds back into the depositing account. The depositor’s bankruptcy estate later sued the bank seeking to avoid the charge-back as a preferential transfer. First Tennessee simply holds that the bank still had a security interest under U.C.C. § 4-210 despite the bounced check, that the security interest was for the full amount of the provisional credit, and that the bank was thus a preferred creditor.
The only instance where any court has found provisional credits to be the proceeds of a bad check is when a bank has passed the check on to another bank along the collection chain arid in return received provisional credit for .the check from that collecting bank. See, e.g., Laws v. United Mo. Bank of Kan. City, 98 F.3d 1047, 1052 (8th Cir.1996). Such a situation is distinguishable from this case. In a case such as Laws, a bank receives a security interest from its transaction with the depositor. It then receives the provisional credit in a second transaction with the collection-chain bank and so may be able to consider the result of the second transaction to be “proceeds” of the check.
Thus, the provisional credit funds were nob encumbered by a lien at the time of transfer and they were “assets” held by Dayton Title as that term is defined by Ohio’s fraudulent transfer act. See Ohio Rev.Code § 1336.01(B). Because Dayton Title transferred assets of its estate to White and Wenrick and that transfer satisfies the other elements of a fraudulent transfer claim under Ohio Rev.Code § 1336.01 et. seq., we hold that the transfer of the provisional credit funds was fraudulent and remand this case for action consistent with this opinion.
IV.
For the foregoing reasons, we REVERSE the judgment of the district court and AFFIRM the judgment of the bankruptcy court.
MERRITT, Circuit Judge,
concurring.
I agree with the court’s opinion but write to make what may be an obvious point that the result is fair between the parties and would be the result at common law without bringing the Uniform Commercial Code into the picture.
Though on the surface it may seem unfair to penalize White and Wenrick by taking back the money, in reality them business was with Chari, not with Dayton Title, and they would never have had this money in the first place had they been dealing with Chari directly. Similarly, if Dayton Title had simply indorsed the check to White and Wenrick without the bank’s intervention, then White and Wen-rick would have had nothing but a worthless check. So there is no unfairness when White and Wenrick are required to return money they would not have received in the absence of the bank deposit and the way bank deposits are treated by the commercial check-deposit law.
If any party besides Chari is to blame, one might blame the bank, which could have prevented this mess by refusing to extend to Dayton Title the provisional credit and by waiting for Chari’s check to clear. But our commercial law, in order to facilitate commerce, gives bank customers instant access to deposits, and a victory for the defendants here would undermine that purpose.
The defendants think Dayton Title had only a legal interest in these funds because Chari intended to create a trust. But Chari intended nothing of the sort. He intended only to create a fraud. Dayton Title was able to transfer funds from its account to the defendants because the bank offered it a provisional credit, not because Chari put funds into the account. Moreover, the provisional credit was unencumbered by a lien, contrary to the defendants’ second theory of why the provisional credit does not qualify as property. Under U.C.C. § 4-210, the bank has alien on the check itself and its proceeds — -which were nonexistent here — but not the provisional credit. The bank has avenues to collect the value of a provisional credit, such as charging back the customer’s, account, but a lien on the provisional credit is not one of them. So I agree with the outcome of this cáse not simply because of a linguistic analysis of the interlocking state and federal statutes, but also because the result makes good sense as a matter of fairness between the parties and good commercial policy.
. PNC bought out National City Bank, which was the bank that actually participated in these facts, and took over this dispute from National City. For simplicity, we refer to PNC throughout.
. Check kiting is an illegal scheme that takes advantage of the lag time between when the bank advances provisional credit for a check and when the bank receives final payment for the check.
. It is unclear from the context whether this holding is meant to apply to the trust funds of third parties or to the money obtained through check kiting. Cannon II, 277 F.3d at 850. What is clear is that one of these three holdings was applied to provisional credits obtained through check kiting; thus, we consider the applicability of all three holdings to this case.
. Subsection (c) provides that the security interest continues if there is no final settlement of the check, and notes that no filing or security agreement is necessary to perfect the interest. Ohio Rev.Code § 1304.20(c). This "correlates the security interest with the provisions of Article 9, particularly for use in the cases of noncollection in which the security interest may be important.” Id. comm. 3. Elsewhere, the U.C.C. clearly states that a person with a security interest under U.C.C. § 4-210 is a secured party under Article 9. U.C.C. § 9-102(73).
. "Subsection (a) states a rational rule for the interest of a bank in an item. The customer of the depositary bank is normally the owner of the item and the several collecting banks are agents of the customer (Section 4-201). A collecting agent may properly make advances on the security of paper held for collection, and acquires at common law a possessory lien for these advances.” Ohio Rev. Code § 1304.20, comm. 1.
. "Collection statistics establish that the vast majority of items handled for collection are in fact collected. The first sentence of subsection (c) reflects the fact that in the normal case the bank’s security interest is self-liquidating.” Ohio Rev.Code § 1304.20 comm. 3. "In due course the provisional settlements become final simply with the lapse of time.” Ohio Rev.Code § 1304.24 comm. 1.
. Even without a security interest directly in the provisional credit, there are a number of ways that a bank can regain those funds. The bank’s security interest makes the bank a creditor of the depositor, allowing the bank to pursue the depositor directly. The bank’s right of charge back gives the bank access to any funds in the depositor's account, and its security interest protects the bank against preference actions, as it did in First Tennessee. See U.C.C. § 4-214, codified at Ohio Rev.Code § 1304.24. Finally, its continued interest in the check itself gives the bank access to the account of the check-writer (although here that account is non-existent).
|
CASELAW
|
Mazhar Khan (actor, born 1905)
Mazhar Khan (18 October 1905 – 24 September 1950) was an actor, producer, and director in Indian Cinema. He began his career as a police officer, which he left to study law for a short period. After abandoning his studies, he came to Bombay and started his career in cinema with the silent film Fatal Garland (1928) opposite the top actress of the time, Ermeline. He became a popular actor, gaining success in several silent films. During his stint in silent films he worked with directors such as Bhagwati Prasad Mishra, Ezra Mir, Moti P. Bhagnani, R. S. Chowdhary, and M. D. Bhavnani. Magazines in the 1940s compared Khan to Hollywood actors such as Paul Muni, Bela Lugosi and Boris Karloff.
Khan transitioned to talkies with the end of the Silent Era. Nurjehan (1931), directed by Ezra Mir, was his first talkie picture. It received a positive response from the audiences establishing Khan as a profitable and dependable actor. He went on to work with the East India Film Company in Calcutta and Sagar Movietone, making films like Sultana, Night Bird, Salima and Sonhera Sansar. He then moved back to Bombay and worked under Ranjit Movietone. Having established himself in the different roles, he became renowned for his character depictions while also being respected in the film industry.
He formed his own production company, Asiatic Pictures, under which he made Yaad (1942), starring Veena, and Pehli Nazar (1945), starring Munawwar Sultana. The latter film was considered his directorial triumph in his obituary. His last role was in Usha Kiron (1952)''.
Early life
Mazhar Khan was born on 18 October 1905, at Bareilly, Uttar Pradesh, India. He matriculated in Indore, Madhya Pradesh and then joined the police force in Dhar State. He rose to the rank of a sub-inspector before quitting. Following his father's wishes, he studied law but soon left that to move to Bombay and pursue a career in film. His tenure with the police trained him in horse riding and other "athletic abilities", which were proved helpful to him in his cinematic career.
According to Baburao Patel of Filmindia, B. P. Mishra recognized the "potential box-office attraction" of Khan. Within a week, Khan was given a role in 1928's Haiyan No Haar (English: Fatal Garland).
Silent films
Khan's debut film, Haiyan No Haar, was directed by Bhagwati Prasad Mishra and starring Ermeline, who was called the "queen of silent films". His role as Prince Ghiasudin was widely applauded and opened him up to new roles. His other films from 1926-1931 during the silent era include Durgesh Nandini (1926), Hoor-E-Baghdad (1928), Vasl Ni Raat, Be Dhaari Talwar (1929), Ram Rahim (1930), Hamara Hindustan (1930), Sinbad the Sailor (1930), Raj Tilak (1931) and Golibar (1931). Durgesh Nandini was directed by B. P. Mishra for Sudarshan Films and starred Ermeline and Madanrai Vakil. In his initial phase, he acted the villain in stunt films produced in that era. With the trend shifting to "mythological, historical and semi-social", he performed roles that required "a touch of extra realism".
Under the Imperial Film Company, Khan acted in 1927 Gamdeni Gori (English: Village Girl). It was directed by Mohan Dayaram Bhavnani (M. D. Bhavnani) and co-starred Sulochana, Madanrai Vakil and Raja Sandow. The film is stated to be a "part of Imperial's calculated and successful effort to manufacture a star image for the actress (Sulochana)". The next year, Khan acted in B. P. Mishra's Hoor-E-Baghdad. 1929 had five films starring Khan, variously directed by Mishra, Bhavnani and Altekar, with the production company remaining Imperial.
In 1930, he acted in six films five of which were for Imperial and one for Sagar Film Company. Cinema Girl, which was termed a "Modern Girl" social genre, was directed by Bhagwati Mishra for Imperial Film Company and co-starred Prithviraj Kapoor and Ermeline. It "presented a fictionalised biography of its maker". The film also marked the debut of actor Prithviraj Kapoor in a prominent role; his first film being Do Dhaari Talwar directed by Mishra.
1930s
Nurjehan (1931) was Khan's debut talkie film. It was made by the Imperial Film Company and directed by Ezra Mir. The film starred Vimala, Mubarak, Nayampally and Jilloobai alongside Khan. The music director was Joseph David. The film "established" Khan in talkies. In 1932 he acted with actor-singer K. L. Saigal and Kumar in Subah Ka Sitara produced by New Theatres Ltd., Calcutta, and directed by Premankur Atorthy. Saigal was a new entry in the film industry and had made two film prior to this.
In 1933, Khan acted in films produced by East India Film Company: Nala Damayanti was directed by B. H. Rajhans, starring Khan along with Mukhtar Begum, Krishna Chandra Dey, and Indubala. Ek Din Ka Badshah (English: King For A Day) was again directed by Rajhans and had Sabita Devi, Indubala, and Bachan as co-stars. Aurat Ka Pyar (English: A Woman's Love) was directed by A. R. Kardar and starred Gul Hamid, Mukhtar Begum, Anwaribai and Bachan. Mushtaq Ahmed composed the music and lyrics were by Agha Hashar Kashmiri, who also scripted the film.
In 1934-1935, Khan acted in several films with Chandragupta (1934) a historical directed by A. R. Kardar, becoming a commercial success at the box-office, and Kardar being termed as a "talented film-maker". The film co-starred Nazir in the title role of Chandragupta, along with Sabita Devi and Gul Hamid. The other significant films of 1933 were Sultana, Mumtaz Begum and Night Bird, all produced by East India Film Company. His four films in 1935 were Sulagto Sansar (English: Murderer) directed by G. R. Sethi, Sauteli Ma (English: Stepmother) by S. D. Kerawala, Selima by Modhu Bose, and Bidrohi (English: Freedom Fighter) by Dhirendranath Ganguly.
1936 had Khan enacting a significant role along with Gul Hamid in Baghi Sipahi, an adaptation of Cardinal Richelieu (1935). A costume action drama, it was directed by A. R. Kardar and co-starred Bimla Kumari and Lalita. In 1939, Khan acted in the film Aap Ki Marzi, directed by Sarvottam Badami, and co-starring Sabita Devi and Motilal. It was based on the Edward Buzzell directed film Paradise for Three (1938) from Erich Kastner's novel Three Men in the Snow.
1940s
In 1940, Khan played an important role in Achhut, a film made to "promote Gandhi's movement against untouchability". The cast included Motilal, Gohar Sitara Devi, and Noor Mohammed Charlie. It was produced by Chandulal Shah for his company Ranjit Studios. The premiere was attended by Sardar Vallabhbhai Patel. In Bharosa, Khan played the role of a man who leaves his wife (Sardar Akhtar) in the care of his trusted friend (Chandra Mohan) and his wife when he has to go abroad on work. The resulting consequences form the basis of the story. The film was directed by Sohrab Modi for Minerva Movietone.
In 1941, Khan acted in Padosi, directed by V. Shantaram for his Prabhat Film Company. It was made following communal tension at the formation of Muslim League. The film showed friendly relations between the Hindus and the Muslims. To achieve a better coalition, Shantaram had Khan, a Muslim, played a Hindu character, while Gajanan Jagirdar, a Hindu, played a Muslim character. His role as Thakur garnered critical acclaim.
Akela (1941) was another box-office success of Khan's. The film was directed by Pesi Karani for producer Kikubhai Desai and co-starred Bibbo and E. Billimoria.
By January 1942, Khan had continuously worked for fourteen years in the film industry and acted in over 112 films. He directed his first film in 1942, called Meri Duniya on Hindu-Muslim unity, for National Artists, Bombay. Khan played a Sufi philosopher with Hari Shivdasani and Kaushalya in lead roles. Khan set up his production company, Asiatic Pictures the same year, with the foundation ceremony for its maiden production Yad (Yaad) performed by V. Shantaram.
Under his new banner Mazhar Art Productions, Khan made Badi Baat (1944) and Pehli Nazar in 1945. Pehli Nazar introduced Munawwar Sultana to the Indian film industry. The film was directed by Khan, with story, dialogues and lyrics by Safdar "Aah". Singer Mukesh, who made his debut as a playback singer in 1941, in Nirdosh, gained popularity from Pehli Nazar, with the song, "Dil Jalta Hai Toh Jalne De" (Let The Heart Smolder), which became "an instant hit".
Personal life and death
Khan was reported to be "a boxer, a polo player, a football champ and an all-round athlete". Khan married Bollywood actress Zeenat Aman, who was Hindu, and who did not convert to Islam after marriage; they later separated. They had two sons, Anwar and Afsar. In a 2022 interview, she said that her parents-in-law refused her entry to Khan's funeral in 1998.
Khan cited directors Ezra Mir, S. F. Hasnain, A. R. Kardar, and V. Shantaram as major inspirations.
On September 24, 1950, Khan died of kidney failure in Mumbai, Maharashtra, India. He was 45. Aman, his ex-wife, later claimed that he had been addicted to prescription drugs.
Filmography
List:
|
WIKI
|
Katarzyna Adamowicz
Katarzyna Adamowicz (born 7 January 1993) is a Polish chess player who holds the title of Woman FIDE Master (WFM) (2009).
Biography
Katarzyna Adamowicz many times participated in the Polish Youth Chess Championships in different girls' age groups, where she won six medals: two gold (2005 - U12, 2007 - U14), three silver (2006 - U14, 2009 - U16, 2011 - U18) and bronze (2007 - U20). With chess club Hetman-Politechnika Koszalińska, she twice won the Polish Team's Blitz Chess Championships (2007, 2009).
Katarzyna Adamowicz repeatedly represented Poland at the European Youth Chess Championships and World Youth Chess Championships in different age groups, where she won a gold medal in 2009, at the European Youth Chess Championship in the U16 girls age group. She three times participated in the European Girls' U18 Team Chess Championships (2009-2011), where she won two gold (2009, 2010) medals in team scoring, as well as a silver (2010) medal in individual scoring.
|
WIKI
|
lemon/config.h.in
changeset 540 8a144437db7d
parent 515 7992dcb0d0e6
child 674 20dac2104519
equal deleted inserted replaced
4:236319a57d1f 5:cb973eb61b60
1 /* Define to 1 if you have CPLEX. */
1 /* Define to 1 if you have CPLEX. */
2 #undef HAVE_CPLEX
2 #undef LEMON_HAVE_CPLEX
3
3
4 /* Define to 1 if you have GLPK. */
4 /* Define to 1 if you have GLPK. */
5 #undef HAVE_GLPK
5 #undef LEMON_HAVE_GLPK
6
6
7 /* Define to 1 if you have long long */
7 /* Define to 1 if you have long long */
8 #undef HAVE_LONG_LONG
8 #undef LEMON_HAVE_LONG_LONG
|
ESSENTIALAI-STEM
|
Diablo Theatre Company
Diablo Theatre Company, formerly known as Diablo Light Opera Company, is a non-profit theatre and arts organization based in Walnut Creek, California, in the San Francisco Bay Area. Founded in 1959 by a group of local theater enthusiasts, it has evolved over its many years, from its inception as a small theatre group, to a million dollar regional theatre company, to its current iteration as a sponsor of youth and young adult theatre education, through its SingOut! Musical Theatre for Bay Area Children and Young Adults program.
During DTC's years as a mainstage theatre company, it produced large-scale musicals each year in Walnut Creek, California, in the Del Valle Theater, and in the Hofmann Theatre at Dean Lesher Regional Center for the Arts. During that time, DTC was a regional theater company with Actors' Equity Association Guest Artist Contracts. Operations and programs were housed for many years in the "Fire House" in Pleasant Hill, California.
Diablo Theatre Company's youth program, "SingOut! Musical Theatre for Bay Area Children and Young Adults" is a theatre program that provides education in all things musical theatre, including voice, dance, and acting. Originally known as the Youth Theatre Company of Walnut Creek, SingOut!, is headed by Chelsea Bardellini (artistic director), Kevin Weinert (musical director) and Rachel Pergamit (managing director). Diablo Theatre Company partnered with SingOut! in 2015. It produces roughly ten musicals per year, and is home to more than 300 young performers aged 4 to 18.
SingOut! youth competition teams compete annually in the Musical Theatre Competitions of America and the Junior Theatre Festival.
The company's productions range from classic musicals such as The Music Man and My Fair Lady, to more modern musicals such as Annie, The Lion King, Little Shop of Horrors, Come From Away and Into the Woods.
|
WIKI
|
Keyword Validation
Last modified on August 16, 2021
Keyword validation is a powerful DéjàClick feature. Keywords are very useful for verifying whether your page is not loading correctly, has changed significantly, or has been hacked.
In DéjàClick, keywords can be:
In all cases, keywords can use either plain text or regular expressions for performing more complex matches.
Auto-suggested Keywords
As you move the mouse pointer around the page, DéjàClick captures the text under the mouse pointer and suggests it as a keyword automatically. You need to click the text so that DéjàClick“remembers” it as a keyword. The keywords, that were created in this way, are also automatically associated with a specific target document or frame where the click occurred.
Auto-suggested keywords inspect the “inner text” of a web page HTM content for the page element the mouse hovers over. DéjàClick suggests pre-sized text strings for the text appearing between a specific pair of HTML element tags. For example, for the following web page source:
<div>
<h4>This is one string of text.</h4>
<br>
<p>This is a different string of text.</p>
</div>
DéjàClick will suggest two different keyword strings when the mouse is moved over them, respectively:
1. This is one string of text.
2. This is a different string of text.
DéjàClick suggests only visible text on the page, that is contiguous within the actual page source, as a keyword.
Manually Entered Keywords
You can enter or edit keywords manually. To add or edit a keyword manually, enter it in the Keyword field of the Add Keyword Validation dialog. See below for details.
You may need to do this in some cases when a non-standard behavior or fine tuning are required. But there are some disadvantages:
• Manually created keywords are not “pre-validated” by DéjàClick as auto-suggested keywords. Since a keyword text may look different within the internal page source from the way it appears on the actual page, the keyword validation may fail, if the manually entered keywords does not match the text between HTML tags. Therefore, you should always replay your transactions to see if the keywords, that you entered manually, work correctly, while DéjàClick verifies auto-suggested keywords at the moment when they were captured.
• A specific document or frame is not automatically associated with a manually created keyword since there was no click event to create it. Thus, all open documents will be searched by default. You can manually select a specific target document in the Add Keyword Validation dialog at the Advanced display level.
Page Sourced Keywords
You can add a keyword by selecting a small piece of page content and clicking it to bring up the Add Keyword Validation dialog. The associated source for the selected content is displayed in the dialog as the keyword text string, which may be further refined and edited as needed.
Page sourced keywords work by scanning the underlying page source for a matching block of source text and can include the HTML tags and other structure content. This can be useful in special cases, but can be more fragile than standard auto-suggested keywords because page sourced keywords rely on matching an exact portion of the underlying page structure (source code). If the source of a web page changes, auto-suggested keywords may still work correctly, as long as the text is unchanged. But if you have keyworded a big area of the page source, any future changes to that source code will cause a validation failure.
Add Keyword
To add a keyword validation:
• Click during a recording.
Under the DéjàClick toolbar, you will see the keyword validation panel:
Keyword validation panel
Click the image to enlarge it.
• Hover over some text on the page. It will appear in the keyword selection box of the validation panel. Click the needed text.
• In the appeared Add Keyword Validation dialog, find your keyword in the Keyword text box and modify its properties as needed. Depending on the display level, Basic or Advanced, you will see different set of properties:
Basic
Adding a keyword: Basic display level
Advanced
Adding a keyword: Advanced display level
• Click OK to save the changes.
• Similarly, create as many keywords as you need.
To exit the keyword validation mode, click Close validation.
Keyword Error Detection
In case the expected text no longer exists on the page under the test, the keyword will not be found during replay, and DéjàClick will stop the replay and show an error message:
Keyword validation error
Click the down arrow next to Additional information to display more information, including the actual keyword in error.
You can correct an error on the fly. To do this:
1. Click the erroneous action in the DéjàClick sidebar.
2. Switch to the Properties tab.
3. Expand the Keyword Validation section and select an erroneous keyword.
4. Click Edit.
Editing an erroneous keyword
Click the image to enlarge it.
5. In the Edit Keyword Validation dialog, enter a new keyword or phrase.
Keywords are case- and space-sensitive.
Edit keyword
6. Click Apply. Now the Keyword Validation property panel will display the new keyword.
New keyword
7. Click on the toolbar to verify everything works correctly.
There is another method to correct an error:
• In the Keyword Validation property panel, select an erroneous keyword and click Remove.
Remove keyword
• Click the down arrow next to and select Replay Next Event step through the replay until you get to the page you want to keyword.
• Click and capture a new keyword.
Non-English Keywords
You can select non-English keywords while recording. It works the same way to detect if the words are not on the page in the manner expected. The only way to add these keywords is auto-suggest them. Here is an example of selecting Chinese words that use Zhongwen characters:
Chinese Keyword
Click the image to enlarge it.
Add Keyword Validation dialog
Add Chines keyword
Keyword Property sidebar panel
Chinese keyword properties
Highlight search results
|
ESSENTIALAI-STEM
|
A Homey Hangout for Broadway Stars Closes After 14 Years
Trent Rhoton was drinking a pint and a shot at the bar of Angus’ Cafe Bistro on Sunday afternoon when a friend wandered over to greet him. “It’s the end of an era,” said the friend, John McMahon, as they clinked glasses. Mr. Rhoton nodded and replied, “A shame.” For 14 years, people in the theater world have gathered inside Angus’s, a three-floor fixture, seeking food, drink and camaraderie. But the restaurant’s owner, Angus McIndoe, recently announced that he had not been able to agree to terms with his landlord that would allow him to keep the restaurant open. Sunday night would be Angus’s last. “The idea was to open a restaurant that would be here forever for the theater people,” Mr. McIndoe said on Sunday, as he stood near the front door greeting patrons. “I think it kind of worked.” The restaurant opened in December 2001, on West 44th Street next to the St. James Theater, where “The Producers,” which won a record dozen Tony Awards its first year, was just beginning a six-year run. The location was convenient for some of the restaurant’s investors, like Mel Brooks and Bob and Harvey Weinstein, who were producing the show, and Nathan Lane and Matthew Broderick, who were starring in it. Mr. Lane, who sat at a table against a wall on Sunday night, was known to order a takeout dinner to be delivered to his dressing room between performances. Mr. Broderick would sometimes join other cast members there for a midnight repast after a show. Another early investor was Frank McCourt, the Irish-American schoolteacher turned best-selling memoirist. A framed dust jacket of his best-known book, “Angela’s Ashes,” hangs on a wall in the third-floor bar, known as the Mac Bar. Sometime patrons included the actors Lauren Bacall, Robert De Niro, Katie Finneran and Kevin Spacey, the playwright Charles Busch and the novelist Kurt Vonnegut. Despite its eventual success, Angus’s faced some bleak moments when it opened, less than two months after the terrorist attack that destroyed the World Trade Center and sent tremors through the local economy. The flow of tourists, seen by some as the lifeblood of Broadway, slowed to a trickle, and Mr. McIndoe wondered whether his restaurant would survive. A Broadway musician’s strike in 2003 also hurt business, but by 2004 the restaurant was thriving, because of Mr. McIndoe’s gregarious nature. Born in a village outside Glasgow, he moved to London as a teenager, worked in restaurants and wound up as a well-known and well-liked maître d’hôtel at Joe Allen, a longtime Broadway staple on West 46th Street. At Angus’s, Mr. McIndoe remembered names, personally seated guests and dispensed fond greetings to established stars and chorus youths alike. He regarded people who visited just a few times a year as valued regulars and could show a hint of chagrin if he had to turn a complete stranger away from a full house. “Angus was like the father of the bride, all night every night,” said Jackie Green, a theater press agent, who was sitting at the bar on Sunday. “I came here because of him.” The restaurant was known as a homey hangout. Music was kept at a background level and bartenders sometimes played full albums by musicians like John Coltrane and Tom Waits. One highlight was about a month ago, Mr. McIndoe said, when Mr. Waits brought a portable keyboard up to the third-floor bar during a fund-raiser for the Steppenwolf Theater in Chicago and performed two songs. But it would not have been a true Broadway haunt without the odd bit of drama. In 2003, according to Michael Riedel, a theater columnist for The New York Post, the director of the troubled musical “Taboo,” which Rosie O’Donnell spent $10 million to produce, worked late nights at the restaurant making changes to the show. The next year Mr. Riedel himself was a topic; he found himself on the floor there after an encounter with the director David Leveaux, whose work he had criticized. “This is a little theater in itself,” Mr. Rhoton said, discussing the incident. Mr. McMahon, who provides piano accompaniment during Broadway auditions, mentioned a few fond memories. One included Elizabeth Ashley, whom he approached one night as he was leaving the restaurant, to let her know that he had admired her in “Cat on a Hot Tin Roof.” “She looked right at me,” Mr. McMahon remembered. “And then she said, ‘It helps to have a good script.’ ” An article in some editions on Monday about the closing of a Broadway hangout rendered its name incorrectly. It is Angus’ Cafe Bistro, not Angus’s Cafe and Bistro. The article also misidentified the birthplace of the author Frank McCourt, an early investor in the restaurant. He was born in Brooklyn, not in Ireland.
|
NEWS-MULTISOURCE
|
Talk:Isaac Aboab I
I am really not sure about the accuracy of the title of this article
I understood that Isaac Aboab Da Fonseca (the 17th century Dutch Rabbi) took his Spanish name from his marrano side of the family. I recognize that the Jewish Encyclopedia article gives the 15th century author of the Menorat Hameor a highly coincidental similar name, I believe that was in error. The Encyclopedia Judaica, as well as the introductory essay to the Mossad Harav Kook version of the Menorat Hemeor and the Artscroll Rishonim book list him with the more common Rabbi Yitzchak Aboab (or Abuhav) I (or HaRishon). The Last Gaon of Castille is often referred to as "Hasheni" or the second (see the EJ article on "Aboab II" or the Artscroll early acharonim book). While I will not change his name until I can actually read the Jewish Encyclopedia text that formed the basis of this article (meaning I need to wait till I can get on the website), I just wanted to start the conversation. Yeshe613 21:30, 2 July 2007 (UTC)
I want to add that, having seen the cached page of the JEwish Encyclopedia text (the website seems down), I see no evidence of the name in that source either. While I have not done an exhaustive search, I have checked out a number of places and I see no evidence anywhere, nor have I ever heard of Isaac Aboab I being referred to as Isaac Da Fonseca Aboab. I changed the name at the top of the article, but I think the name of the articel itself must change. I am new to this whole enterprise and I haven't figured out how to put the change in. Can someone help me?Yeshe613 20:29, 9 July 2007 (UTC)
* To change the title, if that is warranted, you need to "move" the article via the "move" tab at the top. Since it seems like you've done some looking into the facts, I will leave it to you... —Dfass 01:22, 10 July 2007 (UTC)
* Thanks. I have done it. Still learnng the ropes! Yeshe613 20:33, 16 July 2007 (UTC)
|
WIKI
|
Question
How do I know if the SPJ7100 power adapter is compatible with my notebook?
Answer
The SPJ7100 power adapter is compatible with the notebooks in the following list.
NOTE: Select the correct tip for your model of notebook. A list of notebook tips is provided in the Quick Start Guide (in the Notebook tips specification table) and in the pamphlet.
[Additional Question 1]
How else can I make sure that the SPJ7100 power adapter is compatible with my notebook?
Answer:
1. Check whether your notebook has one of the following specifications on the label (the label is usually on the bottom of the notebook):
• Power requirement of 65W or lower; or
• 16 V, max 4.1 A; or
• 19 V, max 3.42 A.
If your notebook is labeled with the above specifications, the SPJ7100 power adapter is compatible with your notebook.
If your notebook does not have the above specifications, see step 2 below.
2. Check whether the input power of your notebook is less than 65 W.
• Find the voltage and current of your notebook. The values are often printed on the label on the bottom of the notebook.
• Multiply the voltage by the current to find the input power.
For example, a notebook with the voltage of 19 V and a current of 3.3 A has an input power of 19x3.3 W. The input power equals approximately 65 W. If the calculated power is below 65 W, the SPJ7100 power adapter is compatible with your notebook.
[Additional Question 2]
What should I do if my notebook is not in the list of compatible notebooks?
Answer:
Check regularly on www.philips.com/support, and search for SPJ7100. The list of compatible notebooks is updated regularly.
Was this document helpful?
Yes No Need to try first
Give us your feedback on this FAQ. What could we have done to to answer your question better?
|
ESSENTIALAI-STEM
|
Division of China
Division of China may refer to:
Administrative
* Administrative divisions of China, levels of local government in the People's Republic of China
* Administrative divisions of Taiwan, statutory subdivisions of the Republic of China
Historical eras and events
* Spring and Autumn period, historical period (771–476 BC) in which China was divided between many feudal states under the authority of the Zhou dynasty
* Warring States period, historical period (475–221 BC) in which China was divided between multiple rivalling states
* Three Kingdoms (AD 220–280), historical tripartite division of China among the states of Cao Wei, Shu Han and Eastern Wu
* Sixteen Kingdoms, historical period (AD 304–439) when northern China was fragmented into rivalling short-lived states
* Northern and Southern dynasties, historical period (AD 386–589) when China was divided in a north-south fashion
* Five Dynasties and Ten Kingdoms period, historical period (AD 907–979) of political upheaval and division in Imperial China
* Warlord Era, a period (1916–1928) when control of the Republic of China was divided among military cliques
* Chinese Civil War (1927–1937, 1946–1950) and the Cross-Strait conflict resulted in the division of the country into communist-controlled mainland and the incumbent government fleeing to Taiwan.
|
WIKI
|
(bison.info)Tie-in Recovery
Prev: Lexical Tie-ins Up: Context Dependency
Lexical Tie-ins and Error Recovery
==================================
Lexical tie-ins make strict demands on any error recovery rules you
have. Note: Error Recovery.
The reason for this is that the purpose of an error recovery rule is
to abort the parsing of one construct and resume in some larger
construct. For example, in C-like languages, a typical error recovery
rule is to skip tokens until the next semicolon, and then start a new
statement, like this:
stmt: expr ';'
| IF '(' expr ')' stmt { ... }
...
error ';'
{ hexflag = 0; }
;
If there is a syntax error in the middle of a `hex (EXPR)'
construct, this error rule will apply, and then the action for the
completed `hex (EXPR)' will never run. So `hexflag' would remain set
for the entire rest of the input, or until the next `hex' keyword,
causing identifiers to be misinterpreted as integers.
To avoid this problem the error recovery rule itself clears
`hexflag'.
There may also be an error recovery rule that works within
expressions. For example, there could be a rule which applies within
parentheses and skips to the close-parenthesis:
expr: ...
| '(' expr ')'
{ $$ = $2; }
| '(' error ')'
...
If this rule acts within the `hex' construct, it is not going to
abort that construct (since it applies to an inner level of parentheses
within the construct). Therefore, it should not clear the flag: the
rest of the `hex' construct should be parsed with the flag still in
effect.
What if there is an error recovery rule which might abort out of the
`hex' construct or might not, depending on circumstances? There is no
way you can write the action to determine whether a `hex' construct is
being aborted or not. So if you are using a lexical tie-in, you had
better make sure your error recovery rules are not of this kind. Each
rule must be such that you can be sure that it always will, or always
won't, have to clear the flag.
automatically generated by info2www
|
ESSENTIALAI-STEM
|
Wikipedia:Articles for deletion/Darwinia
This page is an archive of the discussion about the proposed deletion of the article below. This page is no longer live. Further comments should be made on the article's talk page rather than here so that this page is preserved as an historic record. The result of the debate was keep. Joyous 01:02, Jan 25, 2005 (UTC)
Darwinia
Ok, I hope I'm doing this right :)
The current page for 'Darwinia' is a disambiguation page. However, the first set of links points to Darwinia (plant) and scent myrtle, of which neither page exsists in Wikipedia. Therefore, I say the current Darwinia page be deleted, and the Darwinia (computer game) page be moved to the Darwinia page. NeoThermic 00:29, 18 Jan 2005 (UTC)
* Erm...- Darwinia (Game) should become Darwinia. Darwinia (Plant) should stay as Darwinia (Plant). Not sure who agrees though...
* Disagree strongly. The plant is far more important; it has been named for well over 100 years, and will still be around for hundreds of years after the game is forgotten. I'd be surprised if the game is still around in 5 years. MPF 18:36, 18 Jan 2005 (UTC)
* Keep- its a disambiguation page, the plant entry will get written at some point--nixie 00:32, 18 Jan 2005 (UTC)
* The Darwinia Plant link was added on the 16th November 2004. For two months the page has not been added. What hope does that bring for the page to be added in the future? NeoThermic 00:56, 18 Jan 2005 (UTC)
* Added. It should probably also be noted that the game hasn't actually been released. --nixie 01:10, 18 Jan 2005 (UTC)
* While the game is not released to the public, its in its RC stage of Beta testing. Possibly a compromise, such as the linking to Google's disambiguation page would be better? As an example of the populartiy of Darwinia as a computer game, a google search shows it at #1, so why shouldn't it be the first page to be indicated by the wikipeida article? NeoThermic 02:08, 18 Jan 2005 (UTC)
Comment I advise the nominator to take this to Requested moves. This is not a deletion per se. --Tony Sidaway|Talk 15:06, 18 Jan 2005 (UTC)
* Keep. I added one that also has a red link. RickK 00:36, Jan 18, 2005 (UTC)
* Keep. Wikipedia is a work in progress. Don't worry about a few redlinks. Gamaliel 02:11, 18 Jan 2005 (UTC)
* Keep -- DCEdwards1966 05:45, Jan 18, 2005 (UTC)
* Keep Lectonar 07:42, 18 Jan 2005 (UTC)
* Delete There can always be a link to the plant at the top of the article, much like Introversion has. I believe this is usually done for articles that are more specialized/less "popular" -- LLamaBoy 09:47, 18 Jan 2005 (UTC)
* Keep, Work in progress. Sooner or later somebody comes along somewhere, someday, sometime, and writes an article about it. Inter 10:40, 18 Jan 2005 (UTC)
* I didn't know that page exsisted. What should be done then about the current VfD? NeoThermic 16:08, 18 Jan 2005 (UTC)
* Move to Darwinia (disambiguation), and move Darwinia (plant) to Darwinia -- Eugene van der Pijll 17:04, 18 Jan 2005 (UTC)
* Move to Darwinia (disambiguation), and move Darwinia (plant) to Darwinia - MPF 18:44, 18 Jan 2005 (UTC)
* Keep. Darwinia (plant) now seems to have a good start on an article. Privileging either the plant or the game over the other instead of leaving a conventional disambiguation page at Darwinia would annoy or confuse gamers or biologists. --TenOfAllTrades 19:12, 18 Jan 2005 (UTC)
* Keep, let the article grow (pardon the pun). Megan1967 02:16, 19 Jan 2005 (UTC)
* Keep as a disambiguation page, seeing as Darwinia (novel) has also been added, it makes the most sense. Moving Darwinia (plant) to Darwinia would be a bad idea, as I think most people will be looking for the game rather than the plant (although the plant should be achnowledged using the disambiguation page, rather than a link to it at the top of an article). --Coolsi 11:58, 19 Jan 2005 (UTC)
* Keep as disambig. I read the novel, it wasn't bad. Jayjg | (Talk) 22:51, 19 Jan 2005 (UTC)
* Keep. -Sean Curtin 00:33, Jan 20, 2005 (UTC)
* Keep as a disambiguation page - the plant isn't obviously more notable than the book or game, since I only knew about the book before seeing this. Bryan 22:21, 22 Jan 2005 (UTC)
This page is now preserved as an archive of the debate and, like some other VfD subpages, is no longer 'live'. Subsequent comments on the issue, the deletion or on the decision-making process should be placed on the relevant 'live' pages. Please do not edit this page.
|
WIKI
|
BRIEF-Elevate Credit Inc qtrly earnings per share $0.08
Aug 1 (Reuters) - Elevate Credit Inc * Elevate Credit Inc - qtrly revenues totaled $150.5 million, an 18.7% increase from $126.8 million for prior-year period * Elevate Credit Inc -qtrly earnings per share $0.08 * Elevate Credit Inc - for full year 2017, company reaffirms that it expects total revenue of $680 million to $720 million * Elevate Credit Inc - for full year 2017, company reaffirms net income of $13 million to $19 million - SEC filing Source text for Eikon: (bit.ly/2uQPguJ) Further company coverage:
|
NEWS-MULTISOURCE
|
Talk:James Zadroga
About the act
I feel this article fails because it does not have details on the Cliff Stearns-introduced amendment into the bill, namely that the first responders have to undergo terrorist background checks. Lots42 (talk) 00:25, 12 September 2011 (UTC)
Greater Emphasis on the Zadroga Act itself?
Having been redirected to the James Zadroga article upon searching for the Zadroga Act, I'm wondering whether we should have an article on the act itself either in place of or in addition to this one. The information on Zadroga itself could easily become a section of a broader article on the act and its implications.
Mxheil (talk) 17:46, 29 June 2012 (UTC)
Personal section
I'm not even logged in (apologies to those who may care, am at a public pc), but I just couldn't let this edit go. I changed the spelling of James Zadroga's wife to Ronda (from Rhonda) since the identifying source, The New Yorker spelled it that way. More importantly, I changed the text in this article because it stated that needle marks were found on his body, which is clearly incorrect. The New Yorker states the marks were on her body. And really I don't think this should be included at all -the whole subject is hazy and doesn't have anything to do w/his direct cause of death, but won't remove it b/c I don't want to upset another editor. I'll watch this page and the article page for a while. If I see no objections in a month or so - I will remove this text altogether. Peace. 2/26/14 Geeze Loise - argh, I should have looked into the history first because the incorrect errors were caused by a vandal. I can't revert (undo) more than my own edits today, so will be back in 24h to fix this vandalism. Will then leave text in place as it was previous to the trickster. — Preceding unsigned comment added by <IP_ADDRESS> (talk) 03:57, 27 February 2014 (UTC)
Restored to prev text prior to vandalism. 2/28/14 — Preceding unsigned comment added by <IP_ADDRESS> (talk) 02:51, 1 March 2014 (UTC)
|
WIKI
|
Inflammation plays a significant function in cardiac dysfunction under different circumstances.
Inflammation plays a significant function in cardiac dysfunction under different circumstances. by cytokines (tumor necrosis aspect (TNF)-, interleukin (IL)-1); unusual nitric oxide and reactive air types (ROS) signaling; mitochondrial dysfunction; unusual excitation-contraction coupling; and decreased calcium sensitivity on the myofibrillar level and blunted -adrenergic signaling. This review will summarize latest developments in diagnostic technology, systems, and potential healing approaches for inflammation-induced cardiac dysfunction. research have shown the fact that despair of cardiomyocyte contractility induced by septic serum isn’t directly reliant on elevated degrees of TNF- and IL-1, but Duncan revealed that TNF- and 1L-1 raise the SR Ca2+ drip in the SR, adding to the despondent Ca2+ transient and contractility.[66] Maass and coworkers discovered that burn injury or burn serum pretreatments increases cardiomyocyte cytosolic and mitochondrial Ca2+ and promotes myocyte secretion of TNF-, IL-1, and IL-6, which induce mitochondrial injury of cardiomyocytes during sepsis and burn injury.[67] The circulating degrees of thrombopoietin (TPO) is increased by as much as two-folds than in the healthy person followed by increased monocyte-platelet aggregation (i.e., P-selectin appearance) in burn off sufferers with sepsis.[68] Much continues to be done to verify the key role of TLR4 being a mediator of septic shock and myocardial infarction (MI)-induced cardiac dysfunction in the acute stage aswell.[4] Besides classical cytokines, some new irritation mediators (IL-7, IL-17A, IL-22, and IL-33), soluble receptor sTREM-1, strain mediators HMGB1, histones glycoprotein osteoponitin, lipid mediators (S1P Anastrozole manufacture and RvD2), resistin adipokines (adiponectin and visfatin), vasoactive peptides (ghrelin, AM/AMBP-1, and ET-1), and growth aspect (MFC-E8) had been verified to take part in the inflammatory response during sepsis.[69] However, the jobs of the mediators in cardiac dysfunction during sepsis never have been studied. NO not merely plays a significant role in the introduction of sepsis induced cardiac dysfunction, but also offers protective results. Chronic tension and inflammation have got dysfunctional NO signaling and insulin level of resistance which have an effect on many tissues, like the vasculature, the myocardium, as well as the musculature.[70] The ensuing vascular dysfunction and metabolic disturbances as time passes evolve into cardiometabolic diseases.[70] The advanced Anastrozole manufacture of NO made by NO synthase 2 (NOS2) leads to systemic hypotension and myocardial dysfunction connected with sepsis. The boosts in NO creation during sepsis can boost S-nitrosylation of proteins that can lead to cardiac dysfunction. Sips em et al. /em , discovered that raising S-nitrosoglutathione reductase (GSNOR), an enzyme marketing denitrosylation activity, can improve myocardial dysfunction during sepsis by reducing proteins S-nitrosylation during sepsis and therefore raising cardiac myofilament awareness to Ca2+.[71] However, scientific trials using non-selective NOS inhibitors showed improved mortality in septic sufferers, suggesting a protective function of nitric oxide synthase 1 (neuronal NOS) (NOS1) and/or nitric oxide synthase 3 (endothelial NOS) (NOS3) in sepsis.[72] Cardiomyocyte-specific NOS3 overexpression mice having increased myocardial NO amounts may attenuate endotoxin-induced reactive air species (ROS) creation and boost total SR Ca2+ weight and myofilament sensitivity to Ca2+, thereby reducing cardiac depression (decreased cardiac contractility) in septic shock mice.[72] It appears that local NO creation coupled with cytokine launch plays an integral pathophysiological part during early stage of sepsis.[73] Mitochondrial derangement takes on a key part in the mitochondrial bioenergetic dysfunction in cells injury and sepsis-associated multiorgan failing.[74] Cell loss of life is uncommon in sepsis-induced cardiac dysfunction, but sepsis-induced focal mitochondrial damage occurs. Though till there is certainly no direct proof to prove the partnership between your morphologic transformation of mitochondria and cardiomyocyte function despair, the mitochondrial bloating from the septic cardiomyocyte is pertinent to sepsis-induced myocardial despair.[60] Zang em et al. /em , confirmed that sepsis network marketing leads to mitochondria membrane harm to boost Anastrozole manufacture ROS and transformation the defense capacity to ROS;[75] in addition they discovered that inhibiting of mitochondrial ROS with a mitochondria-targeted vitamin E within a sepsis animal model can secure mitochondrial function and attenuate tissue-level inflammation to boost cardiac function during sepsis.[76] Changed myofilament Ca2+ sensitivity, unusual calcium homeostasis, and defects in cardiomyocyte coupling by difference junctions are also proposed as potential factors behind sepsis-induced cardiac depression though it really is even now unclear which may be the main cause. Many reports have shown decreased Ca2+ sensitivity from the myofilament of cardiomyocytes during sepsis.[77,78] The decreased myofilament Ca2+ sensitivity is even more linked to the adjustments from the regulatory protein (tropomyosin and troponin) as opposed to the adjustments from the structural myofilament protein (actin and myosin) as the maximal Ca2+-turned on tension is commonly unchanged.[77,79] Levosimendan, a troponin-C Ca2+-sensitizer, markedly improved still left ventricular function in pets with experimental septic shock,[80] but Behrends and Peters[81] reported decreased Ca2+ sensitivity during sepsis had not been because of troponin-C, but probably increased troponin-I phosphorylation.[79] There’s also reviews showing that important molecules involved with Ca2+ handling like the L-type Ca2+ route,[82] Des the Ca2+ release route.
|
ESSENTIALAI-STEM
|
Merv Denton
Mervyn John Denton (1920–1980) was an Australian rugby league player who played in the 1930s and 1940s. He played in the NSWRFL, as a.
Playing career
Denton played for Canterbury-Bankstown in 1940 and 1945 & Balmain in 1943 as club captain. Denton was a member of the Canterbury-Bankstown team that lost the 1940 Premiership Final to Eastern Suburbs.
He also represented New South Wales on 12 occasions between 1939 and 1943.
He also moved to Young, New South Wales as captain-coach and represented NSW Country Firsts 1941-42 and 1944 while playing there. Young won the 1941 Group 9 Premiership during Denton's engagement.
He died at Villawood, New South Wales on 23 June 1980, aged 60.
|
WIKI
|
What is Tire Rotation?
October 20th, 2018 by
Changing a tire
What is tire rotation? You’ve probably heard the term thrown around or mentioned when you schedule service, but you might not know what it means. Well, tire rotation is important to maintain traction, prevent blowouts, and even improve fuel economy.
What Does Rotating Tires Mean?
Tire rotation is easy enough to understand: tires are moved from one position on a vehicle to another. In most cases, the front tires will move to the rear and the rear tires will move to the front. They may also change sides, so what was the rear left tire will end up as the front right tire.
Most cars carry more weight at the front, so front tires will typically wear out faster. Tire rotation is performed to prevent uneven wear, and that’s extremely important for their longevity, whether you’re sticking to short commutes between Aurora and Plainfield or making a cross-country drive.
What Does Tire Rotation Do?
• Maintains Traction: When tires wear down, they lose tread depth. A loss of tread depth means traction is reduced, which can interfere with your ability to control the vehicle in certain situations. Preventing uneven tire wear helps ensure that all tires have the same amount of tread.
• Prevents Blowouts: Tires become more likely to fail as they get worn down. If you’ve ever had one blow out as you drive, you’ll know how unpleasant and potentially dangerous it can be.
• Improves Performance: Tires working together that have uneven wear often produce vibration, which you’ll eventually feel through the steering wheel.
• Maximizes Efficiency: Worn tires create drag, placing strain on the engine and increasing your fuel consumption.
Have All Your Tire Rotation Needs Addressed at Napleton Mazda of Naperville
Our tire center can provide advice and help you determine the condition of your tires. For any advice or assistance, such as how to figure out the size of tires you need or even how to replace your car battery yourself, don’t hesitate to contact us today.
Why Buy from Napleton Mazda of Naperville?
We’re always happy to offer automotive advice here at Napleton Mazda of Naperville, but we do more than that. Here are just a few other ways we give back to customers in Lisle and throughout Chicagoland:
• Complimentary loaner vehicles for services over an hour.
• Complimentary shuttle service to help you get where you need to go, even when your car’s not available.
• Enjoy a complimentary car wash with your auto service — we’ll even vacuum the interior and clean the windows!
• We have a full-service detail department that can get your car looking great.
• We service all makes and models.
|
ESSENTIALAI-STEM
|
TY - JOUR T1 - Impact of Complications in Total Ankle Replacement and Ankle Arthrodesis Analyzed with a Validated Outcome Measurement AU - Krause, Fabian G. AU - Windolf, Markus AU - Bora, Biraj AU - Penner, Murray J. AU - Wing, Kevin J. AU - Younger, Alastair S.E. Y1 - 2011/05/04 N1 - 10.2106/JBJS.J.00103 JO - The Journal of Bone & Joint Surgery SP - 830 EP - 839 VL - 93 IS - 9 N2 - Background: Major modifications in the design and techniques of total ankle replacement have challenged the perception that ankle arthrodesis is the treatment of choice for end-stage ankle arthritis. High complication and revision rates have been reported after both procedures.Methods: We performed radiographic evaluations at a mean of thirty-nine months following 114 total ankle replacements done with use of commonly used implants and at a mean of thirty-seven months following forty-seven ankle arthrodeses. The mean age was sixty-four years for the patients (fifty-one female and sixty-three male) who underwent total ankle replacement and fifty-nine years in the patients (fifteen female and thirty-two male) who underwent ankle arthrodesis. The impact of complications was analyzed with use of the Ankle Osteoarthritis Scale (AOS), a validated outcome instrument.Results: Both groups had significant improvement in the mean AOS score (p < 0.001). There was no significant difference in the mean improvement between the two groups (p = 0.96). The complication rate was 54% following total ankle replacement and 26% following ankle arthrodesis, which was a significant difference (p = 0.003). The impact of major complications on the AOS outcome score was significant in both the total ankle replacement group (p = 0.031) and the ankle arthrodesis group (p = 0.02).Conclusions: At the time of follow-up, at a minimum of two years postoperatively, the outcomes of total ankle replacement and ankle arthrodesis, with regard to pain relief and function, were comparable. While the rate of complications was significantly higher following total ankle replacement, the impact of complications on outcome was clinically relevant in both groups.Level of Evidence: Therapeutic Level III. See Instructions to Authors for a complete description of levels of evidence. SN - 0021-9355 M3 - doi: 10.2106/JBJS.J.00103 UR - http://dx.doi.org/10.2106/JBJS.J.00103 ER -
|
ESSENTIALAI-STEM
|
MySQL: ERROR 1153 (08S01): Got a packet bigger than ‘max_allowed_packet’ bytes
Error: MySQL: ERROR 1153 (08S01): Got a packet bigger than ‘max_allowed_packet’ bytes indicates that the “max_allowed_packet” size is reached on the server. This usually occurs during importing of huge files.
First, check the current limit on your server:
$ mysql -uroot
mysql> SELECT @@max_allowed_packet / 1024 / 1024;
+————————————+
| @@max_allowed_packet / 1024 / 1024 |
+————————————+
| 16.00000000 |
+————————————+
1 row in set (0.01 sec)
In my case, the limit is 16MB.
To increase the limit use:
$ mysql -uroot
mysql> SET GLOBAL net_buffer_length=1000000;
mysql> SET GLOBAL max_allowed_packet=1000000000;
This will increase the max allowed packet size to 1000000000, or 100MB.
To permanently increase the packet size edit the my.cnf file:
nano /etc/my.cnf
Find and edit (or create) a line:
max_allowed_packet = 100M
Save the file and restart the mysqld service.
service mysqld restart
Source. MySQL 8.0 Reference Manual
whoami
Stefan Pejcic
Join the discussion
I enjoy constructive responses and professional comments to my posts, and invite anyone to comment or link to my site.
|
ESSENTIALAI-STEM
|
China's ZTE will take 'certain actions' against U.S. ban
(Reuters) - China’s ZTE Corp said on Wednesday it planned to take “certain actions” under U.S. laws following a ban by the U.S. government on American firms doing business with the company.
A ZTE smart phone is pictured in this illustration taken April 17, 2018. REUTERS/Carlo Allegri/Illustration The U.S. Commerce Department’s Bureau of Industry and Security earlier this month banned American companies from selling to ZTE for seven years, saying the Chinese company had broken a settlement agreement with repeated false statements.
The mobile phone and telecoms company said its shares will remain suspended on the Hong Kong exchange. It did not specify what actions it would take.
Reporting by Arjun Panchadar in Bengaluru; Editing by Anil D'Silva
|
NEWS-MULTISOURCE
|
Albert Olsson
Albert Olsson may refer to:
* Albert Olsson (writer), Swedish writer and teacher
* Albert Olsson (footballer), Swedish footballer
* Albert Julius Olsson, British maritime artist
|
WIKI
|
Peter, Lord of Conches and Mehun
Peter of Courtenay (Pierre de Courtenay (c. 1218 – 1249 or 1250 in Egypt) was a French knight and a member of the Capetian House of Courtenay, a cadet line of the royal House of Capet. From 1239 until his death, he was the ruling Lord of Conches and Mehun-sur-Yèvre.
Life
Peter was the eldest of five sons of Robert of Courtenay, Lord of Champignelles and his wife Matilda of Mehun. From his parents he inherited the castle of Conches and Mehun. On 25 August 1248, he sailed with his cousin, King Louis IX of France, from Aigues-Mortes to Egypt to fight the Seventh Crusade, during which he died.
Most historians think he died during the battle for the city of Al Mansurah on 8 February 1250. On that day, Count Robert I of Artois led a vanguard of Crusaders in a spontaneous attack on the city. The vanguard was caught in a trap set by the defending Mamluks and all attackers were killed. However, the chronicler Jean de Joinville maintains Peter of Courtenay died on an earlier date. After the conquest of the Egytion port city of Damietta in June 1249, a large part of the crusader army camped outside the city wall, until they were ready to march to Al Mansurah in the autumn. The Sultan of Egypt offered a reward of one gold solidus for the head of each crusader. During the night, Saracens would sneak into the Crusader camp, kill sleeping Crusaders in their tents, and steal their severed heads. According to Joinville, Peter of Courtenay was the victim of one such attack. However, Joinville may be mistaken. One should consider that he wrote his chronicle decades after the fact, and that Peter de Courtenay is mentioned twice later in the chronicle, in connection with the Battle of Al Mansurah.
Marriage and issue
Peter was married to Pétronille (d.1289), a daughter of Gaucher of Joigny and Amicie de Montfort. They had:
* Amicie (d. 1275 in Rome; buried in St. Peter's Basilica), Lady suo jure of Conches and Mehun, married in 1262 to Count Robert II of Artois (d. 1302).
|
WIKI
|
IoTSTEED: Bot-side Defense to IoT-based DDoS Attacks (Extended)
Guo, Hang and Heidemann, John
citation
Hang Guo and John Heidemann 2020. IoTSTEED: Bot-side Defense to IoT-based DDoS Attacks (Extended). Technical Report ISI-TR-738. USC/Information Sciences Institute. [PDF]
abstract
We propose IoTSTEED, a system running in edge routers to defend against Distributed Denial-of-Service (DDoS) attacks launched from compromised Internet-of-Things (IoT) devices. IoTSTEED watches traffic that leaves and enters the home network, detecting IoT devices at home, learning the benign servers they talk to, and filtering their traffic to other servers as a potential DDoS attack. We validate IoTSTEED’s accuracy and false positives (FPs) at detecting devices, learning servers and filtering traffic with replay of 10 days of benign traffic captured from an IoT access network. We show IoTSTEED correctly detects all 14 IoT and 6 non-IoT devices in this network (100% accuracy) and maintains low false-positive rates when learning the servers IoT devices talk to (flagging 2% benign servers as suspicious) and filtering IoT traffic (dropping only 0.45% benign packets). We validate IoTSTEED’s true positives (TPs) and false negatives (FNs) in filtering attack traffic with replay of real-world DDoS traffic. Our experiments show IoTSTEED mitigates all typical attacks, regardless of the attacks’ traffic types, attacking devices and victims; an intelligent adversary can design to avoid detection in a few cases, but at the cost of a weaker attack. Lastly, we deploy IoTSTEED in NAT router of an IoT access network for 10 days, showing reasonable resource usage and verifying our testbed experiments for accuracy and learning in practice.
reference
@techreport{Guo20b,
author = {Guo, Hang and Heidemann, John},
title = {IoTSTEED: Bot-side Defense to {IoT}-based {DDoS} Attacks (Extended)},
institution = {USC/Information Sciences Institute},
year = {2020},
sortdate = {2020-06-24},
project = {ant, lacanic},
jsubject = {topology_modeling},
number = {ISI-TR-738},
month = jun,
location = {johnh: pafile},
keywords = {ddos, iot, defense},
url = {https://www.isi.edu/%7ejohnh/PAPERS/Guo20b.html},
otherurl = {https://www.isi.edu/%7ehangguo/papers/Guo20b.pdf},
pdfurl = {https://www.isi.edu/%7ejohnh/PAPERS/Guo20b.pdf},
blogurl = {https://ant.isi.edu/blog/?p=1483}
}
|
ESSENTIALAI-STEM
|
Page:The Moving Picture World, Volume 1 (1907).pdf/18
Operators in any locality may register without charge of any kind. In your application be sure to fill out the "locality" blank. Fill out blank and send to.
It is hereby understood that I will at once notify the Editor on acceptance of a position, whether obtained through or not.
|
WIKI
|
Mercer County, New Jersey
Mercer County is a county located in the U.S. state of New Jersey. Its county seat is Trenton, also the state capital, prompting its nickname The Capital County. Mercer County alone constitutes the Trenton–Princeton metropolitan statistical area and is considered part of the New York combined statistical area by the U.S. Census Bureau, but also directly borders the Philadelphia metropolitan area and is included within the Federal Communications Commission's Philadelphia Designated Media Market Area. The county is part of the Central Jersey region of the state.
As of the 2020 United States census, the county retained its position as the state's 12th-most-populous county, with a population of 387,340, its highest decennial count ever and an increase of 20,827 (+5.7%) from the 366,513 recorded at the 2010 census, which in turn had reflected an increase of 15,752 (+4.5%) from the 350,761 enumerated at the 2000 census The most populous municipality in Mercer County at the 2020 census was Hamilton Township, with 92,297 residents, while Hopewell Township was the largest in area.
The county was formed by an act of the New Jersey Legislature on February 22, 1838, from portions of Burlington County (Nottingham Township, now Hamilton Township), Hunterdon County (Ewing Township, Lawrence Township, Trenton, and portions of Hopewell Township), and Middlesex County (West Windsor Township and portions of East Windsor Township). The former Keith Line bisects the county and is the boundary between municipalities that previously had been separated into West Jersey and East Jersey.
Trenton–Mercer Airport in Ewing Township is a commercial and corporate aviation airport serving Mercer County and its surrounding vicinity. Princeton is home to Princeton University, one of the world’s most acclaimed research universities, and to Drumthwacket, the official residence of the governor of New Jersey. Mercer County contains 12 municipalities, the fewest of any county in New Jersey, and equal to Hudson County.
Etymology
The county was named for Continental Army General Hugh Mercer, who died as a result of wounds received at the Battle of Princeton on January 3, 1777. Continental Army Brigadier General Hugh Mercer served in the Continental Army during the Battle of Trenton and the Battle of Princeton in 1777. A Scotsman that fled to British North America after the failed Jacobite Rebellion, he worked closely with George Washington in the American Revolution. On January 3, 1777, Washington's army was en route to Princeton, New Jersey. While leading a vanguard of 350 soldiers, Mercer's brigade encountered two British regiments and a mounted unit. A fight broke out at an orchard grove and Mercer's horse was shot from under him. Getting to his feet, he was quickly surrounded by British troops who mistook him for George Washington and ordered him to surrender. Outnumbered, he drew his saber and began an unequal contest. He was finally beaten to the ground, bayoneted repeatedly (seven times), and left for dead. Legend has it that a beaten Mercer, with a bayonet still impaled in him, did not want to leave his men and the battle and was given a place to rest on a white oak tree's trunk, and those who remained with him stood their ground. The Mercer Oak, against which the dying general rested as his men continued to fight, appears on the county seal and stood for 250 years until it collapsed in 2000.
History
Founded February 22, 1838, from portions of surrounding counties, Mercer County has a historical impact that reaches back to the pivotal battles of the American Revolutionary War. On the night of December 25–26, 1776, General George Washington led American forces across the Delaware River to attack the Hessian forces in the Battle of Trenton on the morning of December 26, also known as the First Battle of Trenton. Following the battle, Washington crossed back to Pennsylvania. He crossed a third time in a surprise attack on the forces of General Charles Cornwallis at the Battle of the Assunpink Creek, on January 2, 1777, also known as the Second Battle of Trenton, and at the Battle of Princeton on January 3. The successful attacks built morale among the pro-independence colonists. Ewing Church Cemetery in Ewing is one of the oldest cemeteries in the area, having served the Ewing community for 300 years. It is home to the burial places of hundreds of veterans from The Revolutionary War to the Vietnam War.
Since 1790, Trenton has served as the state's capital, earning the county the name "the Capital County." After the Legislature relocated to Trenton from Perth Amboy in 1790, it purchased land for £250 and 5 shillings and constructed a new state house, designed by Philadelphia-based architect Jonathan Doane, beginning in 1792. The Doane building was covered in stucco, measured 150 by, and housed the Senate and Assembly chambers in opposite wings. To meet the demands of the growing state, the structure was expanded several times during the 19th century. New Jersey, along with Nevada, is the only state to have its capital be located at the border with another state, as Trenton is across the Delaware River from Pennsylvania. The official residence of the governor of New Jersey, known as Drumthwacket, is located in Princeton, and is listed on both the U.S. National Register of Historic Places and the New Jersey Register of Historic Places.
The county experienced rapid urbanization and population growth during the first half of the 20th century due to the growth of industrialization in places such as Trenton. Mercer County was the landing spot for a fictional Martian invasion of the United States. In 1938, in what has become one of the most famous American radio plays of all time, Orson Welles acted out his The War of the Worlds invasion. His imaginary aliens first "landed" at what is now West Windsor. A commemorative monument is erected at Grovers Mill park.
There were 27 Mercer County residents killed during the September 11 terrorist attacks in Lower Manhattan. A 10 ft long steel beam weighing one ton was given to the county by the Port Authority of New York and New Jersey in March 2011 and is now displayed at Mercer County Park.
Geography and climate
According to the U.S. Census Bureau, as of the 2020 Census, the county had a total area of 228.86 sqmi, of which 224.44 sqmi was land (98.1%) and 4.42 sqmi was water (1.9%).
The county is generally flat and low-lying on the inner coastal plain with a few hills closer to the Delaware River. Baldpate Mountain, near Pennington, is the highest hill, at 480 ft above sea level. The lowest point is at sea level along the Delaware River.
Climate
Most of Mercer has a hot-summer humid continental climate (Dfa) except for the southern portion of the county near and including Trenton where a humid subtropical climate (Cfa) exists. The hardiness zones are 6b and 7a.
Ecology
According to the A. W. Kuchler U.S. potential natural vegetation types, most of Mercer County would have a dominant vegetation type of Appalachian Oak (104) with a dominant vegetation form of Eastern Hardwood Forest (25) with a dominant section of Northeastern Oak/Pine (110) Southern Mixed Forest (26) in the far east near Hightstown.
2020 census
As of the 2020 United States census, Mercer County has a population of 387,340, making it the 12th most populous county in the state. The racial makeup of the county is quite diverse with 62.3% of the population identifying as white (and 46.7% as non-Hispanic whites), 21.6% of the population being black/African American, and 12.6% of the county's population identifying as Asian. 19.4% of Mercer County is Hispanic/Latino, 0.9% of the population is American Native/Alaskan Native/Native Hawaiian/Pacific Islander, and 2.6% identify as two or more races.
5.4% of Mercer County is under the age of 5, while 21.2% are under the age of 18, and 16.0% are over the age of 65. The female population of the county stands at 50.8%, which is in line with the state as a whole.
There are 150,657 housing units in Mercer County, with 63.5% of them being owned by the occupiers. There are 131,440 households with an average of 2.67 persons per household.
2010 census
The 2010 United States census counted 366,513 people, 133,155 households, and 89,480 families in the county. The population density was 1,632.2 per square mile (630.2/km2). There were 143,169 housing units at an average density of 637.6 per square mile (246.2/km2). The racial makeup was 61.39% (225,011) White, 20.28% (74,318) Black or African American, 0.33% (1,194) Native American, 8.94% (32,752) Asian, 0.08% (295) Pacific Islander, 6.24% (22,856) from other races, and 2.75% (10,087) from two or more races. Hispanic or Latino of any race were 15.09% (55,318) of the population.
Of the 133,155 households, 31.4% had children under the age of 18; 48.2% were married couples living together; 14.2% had a female householder with no husband present and 32.8% were non-families. Of all households, 26.9% were made up of individuals and 10.1% had someone living alone who was 65 years of age or older. The average household size was 2.61 and the average family size was 3.16.
22.6% of the population were under the age of 18, 10.9% from 18 to 24, 26.9% from 25 to 44, 26.9% from 45 to 64, and 12.6% who were 65 years of age or older. The median age was 37.8 years. For every 100 females, the population had 95.5 males. For every 100 females ages 18 and older there were 93 males.
Economy
Based on data from the Bureau of Economic Analysis, the county had a gross domestic product of $36.0 billion in 2021, ranked seventh in the state and a 6.7% increase from the prior year.
In 2015, the county had a per capita personal income of $63,720, the sixth-highest in New Jersey, and ranked 121st of 3,113 counties in the United States. Mercer County stands among the highest-income counties in the United States, with the Bureau of Economic Analysis having ranked the county as having the 78th-highest per capita income of all 3,113 counties in the United States (and the sixth-highest in New Jersey) as of 2009. Trenton's role as New Jersey's state capital contributes significantly to Mercer County's economic standing. 9.5% of the population is considered at or below the poverty line.
The median household income in Mercer County is $83,306. 89.6% of the population has a high school diploma, and 43.5% of the county's population has a bachelor's degree or higher, one of the highest rates in the state, as of the 2020 census.
County government
Mercer County has a county executive form of government, in which the Mercer County Executive performs executive functions, administering the operation of the county, and a Board of County Commissioners acts in a legislative capacity. The county executive is directly elected to a four-year term of office. The seven-member Board of County Commissioners, previously known as the Board of Chosen Freeholders, is elected at-large to serve three-year staggered terms of office on a staggered basis, with either two or three seats up for election each year. The Board is led by a Commissioner Chair and vice-chair, selected from among its members at an annual reorganization meeting held in January. The Commissioner Board establishes policy and provides a check on the powers of the County Executive. The Board approves all county contracts and gives advice and consent to the County Executive's appointments of department heads, and appointments to boards and commissions. The Commissioner Board votes to approve the budget prepared by the Executive after review and modifications are made. In 2016, freeholders were paid $29,763 and the freeholder director was paid an annual salary of $31,763. That year, the county executive was paid $164,090 per year.
, the Mercer County Executive is Daniel R. Benson (D, Hamilton Township) whose term of office ends December 31, 2027. Mercer County's Commissioners are (with terms for chair and vice chair ending every December 31):
Pursuant to Article VII Section II of the New Jersey State Constitution, each county in New Jersey is required to have three elected administrative officials known as "constitutional officers." These officers are the County Clerk and County Surrogate (both elected for five-year terms of office) and the County Sheriff (elected for a three-year term). Mercer County's constitutional officers are:
No Republican has won countywide office since 2000. Law enforcement on the county level is provided by the Mercer County Sheriff's Office and the Mercer County Prosecutor's Office. The Mercer County Prosecutor is Angelo J. Onofri of Hamilton Township, who took office in December 2016 after being nominated by Governor of New Jersey Chris Christie and being confirmed by the New Jersey Senate. Mercer County constitutes Vicinage 7 of the Superior Court of New Jersey. The vicinage is seated at the Mercer County Criminal Courthouse, located at 400 South Warren Street in Trenton. The vicinage has additional facilities for the Civil, Special Civil, General Equity, and Family Parts at the Mercer County Civil Courthouse, located at 175 South Broad Street, also in Trenton. The Assignment Judge for Mercer County is Mary C. Jacobson.
Federal representatives
Portions of the 3rd and 12th Congressional Districts cover the county.
State representatives
The 12 municipalities of Mercer County are covered by three legislative districts.
Politics
Mercer County is a reliably Democratic county; it has gone for Republicans only three times (1956, 1972, 1984) since 1936. In each presidential election of the 21st century, the Democratic candidate earned at least 60% of the vote. Since the 2008 election, every municipality has voted for the Democratic candidate. As of October 1, 2021, there were a total of 265,703 registered voters in Mercer County, of whom 121,653 (45.8%) were registered as Democrats, 41,701 (15.7%) were registered as Republicans and 98,343 (37.0%) were registered as unaffiliated. There were 4,006 voters (1.5%) registered to other parties.
In 2008, the county voted for Barack Obama by a 35.4% margin over John McCain, with Obama winning New Jersey by 14.4% over McCain. He won by a similar margin in 2012 and Hillary Clinton did so in 2016. Joe Biden won the county by 40.0% in 2020, the widest margin for anyone since 1964 by winning with 69.1% of the vote (122,532 votes) to Trump's 29.1% (51,641 votes).
* }
In the 2009 New Jersey gubernatorial election, Republican Chris Christie lost the county with 39.27% of the vote (39,769 votes) to incumbent Democratic governor Jon Corzine's 54.51% (55,199 votes), while Independent candidate Chris Daggett won 5.36% of the vote. (5,424 votes). In the 2013 New Jersey gubernatorial election, Republican governor Chris Christie became the only Republican to win the county since 1993 with 51.9% of the vote (48,530 votes) to Democrat Barbara Buono's 46.3% (43,282 votes). In the 2017 New Jersey gubernatorial election, Democrat Phil Murphy won the county 64.9% to (59,992 votes) 33.1% (30,645 votes). In the 2021 gubernatorial election, Republican Jack Ciattarelli received 34.1% of the vote (34,617 ballots cast) to Democrat Phil Murphy's 65.1% (66,151 votes).
Roads and highways
Mercer County has county routes, state routes, U.S. Routes and Interstates that all pass through. , the county had a total of 1524.30 mi of roadways, of which 1216.48 mi were maintained by the local municipality, 175.80 mi by Mercer County, 118.99 mi by the New Jersey Department of Transportation, 1.19 mi by the Delaware River Joint Toll Bridge Commission and 12.43 mi by the New Jersey Turnpike Authority.
Mercer County is served by the following major roadways:
* U.S. Route 1 (Which bisects the county)
* U.S. Route 1 Business
* Route 27 (Only in Princeton)
* Route 29
* Route 31
* Route 33
* Route 64 (A small state-maintained bridge located in West Windsor)
* Interstate 95 (New Jersey Turnpike)
* Route 129
* U.S. Route 130
* Route 133 (Only in East Windsor)
* Interstate 195
* U.S. Route 206
* Interstate 295
I-295 functions as a partial ring-road around the Trenton area, while I-195 serves as an east–west expressway from Trenton to the Jersey Shore. The New Jersey Turnpike (I-95) passes through the southeastern section of the county, and serves as a major corridor to Delaware, Washington, D.C. to the south, and New York City and New England towards the north. Two turnpike interchanges are located within Mercer County: Exit 7A in Robbinsville Township and Exit 8 in East Windsor Township.
Before 2018, Interstate 95 abruptly ended at the interchange with US 1 in Lawrence Township, and became I-295 south. Signs directed motorists to the continuation of I-95 by using I-295 to I-195 east to the New Jersey Turnpike. This was all due in part to the cancellation of the Somerset Freeway that was supposed to go from Hopewell Township in Mercer County up to Franklin Township in Somerset County.
The section of I-95 west of the US 1 interchange in Lawrence was re-numbered as part of I-295 in March 2018, six months before a direct interchange with Interstate 95 in Pennsylvania and the Pennsylvania Turnpike opened. This planned interchange indirectly prompted another project: the New Jersey Turnpike Authority extended the 'dual-dual' configuration (inner car lanes and outer truck / bus / car lanes) to Interchange 6 in Mansfield Township, Burlington County from its former end at Interchange 8A in Monroe Township, Middlesex County. This widening was completed in early November 2014.
The county roads that traverse through are County Route 518 (only in the Hopewells), County Route 524, County Route 526, County Route 533, County Route 535, County Route 539, County Route 546, County Route 569, County Route 571, and County Route 583.
Public transportation
Mercer hosts several NJ Transit stations, including Trenton, Hamilton and Princeton Junction on the Northeast Corridor Line, as well as Princeton on the Princeton Branch. SEPTA provides rail service to Center City Philadelphia from Trenton and West Trenton. Long-distance transportation is provided by Amtrak train service along the Northeast Corridor through the Trenton Transit Center.
NJ Transit's River Line connects Trenton to Camden, with three stations in the county, all within Trenton city limits, at Cass Street, Hamilton Avenue and at the Trenton Transit Center.
Mercer County's only commercial airport, and one of three in the state, is Trenton–Mercer Airport in Ewing Township, which is served by Frontier Airlines, offering nonstop service to and from points nationwide.
Municipalities
The 12 municipalities in Mercer County (with 2010 Census data for population, housing units and area) are:
Historical Municipalities
* Nottingham Township (1688–1856)
* Princeton Township (1838–2013)
* Borough of Princeton (1813–2013)
* Washington Township (renamed Robbinsville Township in 2008)
Sports
Mercer County has a number of large parks. The largest, Mercer County Park is the home for the US Olympic Rowing Team's training center.
Mercer County is also the home of the Trenton Thunder baseball team, playing in the MLB Draft League, and the Jersey Flight of the National Arena League. The Thunder were formerly the Double-A affiliate of the New York Yankees playing in the Eastern League before the 2021 Minor League reorganization. The minor league hockey team, the Trenton Titans, established in 1999 and operating as the ECHL affiliate of the NHL's Philadelphia Flyers and the AHL's Adirondack Phantoms, disbanded before the start of the 2013–14 season.
Collegiate athletics
Mercer County is also home to several college athletic programs, including two NCAA DI schools. Rider University competes as the Rider Broncs in the MAAC. In wrestling, Rider is a member of the Eastern Wrestling League. The Princeton Tigers compete in the Ivy League.
The College of New Jersey Lions compete in the NCAA DIII as a member of the New Jersey Athletic Conference and the Eastern College Athletic Conference.
Mercer County Community College competes as the Mercer Vikings as a member of the Garden State Athletic Conference and the National Junior College Athletic Association.
Education
School districts in the county include:
* K-12
* East Windsor Regional School District
* Ewing Public Schools
* Hamilton Township School District
* Hopewell Valley Regional School District
* Lawrence Township School District
* Mercer County Special Services School District
* Princeton Public Schools
* Robbinsville Public School District
* Trenton Public Schools
* West Windsor-Plainsboro Regional School District
* 9-12
* Mercer County Technical Schools
There is a state-operated school, Marie H. Katzenbach School for the Deaf.
* Special
Higher education
Mercer County is home to Princeton University, Princeton Theological Seminary, the Institute for Advanced Study, Rider University, Westminster Choir College, The College of New Jersey, and Thomas Edison State University. Mercer County Community College is a county-run community college located in West Windsor.
Points of interest
* Drumthwacket, The official residence of the Governor of New Jersey located in Princeton
* New Jersey State House, The capitol complex of New Jersey and the meeting point of the state legislature, located at the state capital in Trenton
* Mercer County Park, in West Windsor
* Hamilton Veterans Park
* Mercer County Park September 11 Memorial
* Swaminarayan Akshardham (North America) in Robbinsville, the largest Hindu temple outside Asia
* Assunpink Creek (part)
* Mercer Lake at Mercer County Park
* Griggstown Native Grassland Preserve (part)
* Princeton Battlefield
* Mercer Oaks Golf Course
* Washington Crossing State Park, in Hopewell Township
* Colonial Memorial Park in Trenton
* Lower Trenton Bridge
* Trenton War Memorial
* Trenton Thunder Ballpark
* Grounds for Sculpture, in Hamilton Township
Wineries
* Hopewell Valley Vineyards
* Working Dog Winery, in East Windsor Township
|
WIKI
|
UPDATE 1-Shopify posts bigger quarterly loss on higher spending
(Adds details, share movement) Oct 29 (Reuters) - Canada's Shopify Inc posted a bigger quarterly net loss on Tuesday as it spent more to add sellers to its e-commerce platform and expand fulfillment centres across the United States, sending shares down 8.6% before the bell. The company had said in June it planned to spend over $1 billion for more fulfillment centres, as it faces stiff competition from Amazon.com Inc and EBay Inc. Total operating expenses in the third quarter rose to $252.4 million from $181.1 million a year earlier. The company's net loss tripled to $72.8 million, or 64 cents per share, in the quarter ended Sept. 30, from a year earlier. The Ottawa-based company reported a total revenue of $390.6 million, up 45% year-over-year. The company expects revenue between $472 million and $482 million in the fourth quarter, above analysts' expectations of $470.6 million. (Reporting by Ambhini Aishwarya in Bengaluru; Editing by Shinjini Ganguli, Arun Koyyur)
|
NEWS-MULTISOURCE
|
Talk:sheaths
I have no idea why this is correct for a noun, but not third person. But it does seem to be that way. --Connel MacKenzie 21:45, 22 July 2007 (UTC)
* Because the noun is spelt "sheath" and the verb is spelt "sheathe". This difference reflects the difference in pronunciation: [θ] in the noun vs. [ð] in the verb. Now the inflected forms must be spelt according to the respective basic forms: "sheath-s" in the noun and "sheathe-s" in the verb, even though in this case they are both pronounced the same. <IP_ADDRESS> 19:17, 22 March 2023 (UTC)
|
WIKI
|
Cassandra Jardine
Cassandra Caroline Mary Jardine (16 November 1954 – 29 May 2012) was a British journalist, best known as a contributor to The Daily Telegraph over a twenty-year period.
Life
Born in London, the youngest of three daughters, her parents were Anne, a Conservative councillor in Kensington and Chelsea, and Christopher Jardine, a civil servant. In 1972, as the Under Secretary at the Department of Trade and Industry, although later "vindicated", her father was accused of "negligence" after a car insurance company collapsed. Cassandra Jardine was educated at the Godolphin and Latymer School and read English at Newnham College, Cambridge.
After Jardine graduated from Cambridge University in 1976, she became an assistant to The Daily Telegraph contributor T.E. Utley and later spent a period working for Cosmopolitan, Unilever's internal publication and Business magazine. She returned to The Daily Telegraph on 29 March 1989 as a feature writer and interviewed several hundred public figures over the next two decades before latterly writing about health for the newspaper.
She was diagnosed with lung cancer in July 2010, specifically adenocarcinoma. She began to write about her illness, and won the Lung Cancer Journalism award in 2011, and the Excellence in Oncology award in the same year. She wrote two books about parenting How to be a Better Parent: No Matter How Badly Your Children Behave or How Busy You Are (2003); and Positive Not Pushy: How to Make the Most of Your Child’s Potential (2005).
Jardine was married to the actor William Chubb; the couple had five children, two sons and three daughters who were aged between 13 and 22 at the time she died.
The Daily Telegraph has founded the annual Cassandra Jardine Prize for young women journalists in her honour.
|
WIKI
|
PENGARUH PEMBERIAN BOTOL MINUM DENGAN STIKER BERKARAKTER PADA ANAK USIA PRASEKOLAH UNTUK PEMENUHAN KEBUTUHAN CAIRAN PADA ANAK
• riamah riamah STIKes Tengku Maharatu
• Awaluddin Awaluddin STIKes Tengku Maharatu
• Anita Syarifah
• Khasmayusi Khasmayusi
Abstract
Children are very susceptible to large fluid losses, this is because children are susceptible to diseases, such as fever and diarrhea. The aim of the study was to determine the effect of giving drinking bottles with character stickers to preschool-aged children to meet the needs of fluids in children. Research design with quasi-experimental. This research was conducted with a sample of 30 people, 15 people in the intervention group and 15 people in the control group. The intervention group was given drinking bottles with character stickers while the control group was not given. The measurement tool is the amount of fluid intake every 24 hours in milliliters (ml). Data analysis using unpaired T test, obtained the amount of fluid intake after being given a drinking bottle with a post-test character sticker in the experimental group was 1290 ml, while the fluid intake in the control group was 896.67 ml. The results of the statistical test obtained a p value of 0.000. It can be concluded that there is a significant effect on the amount of fluid intake after being given a drink bottle with a sticker with a character between the experimental and control groups.
Keywords: Drink Bottle With Character Sticker, Preschool Aged, Fluid Needs
Published
2023-06-26
UNDUH ARTIKEL
Abstract views: 124
downloads: 129
|
ESSENTIALAI-STEM
|
UNITED STATES of America, Plaintiff, v. Douglas STEPNEY, et al., Defendants.
No. CR 01-0344 MHP.
United States District Court, N.D. California.
Feb. 11, 2003.
George L. Bevan, Jr., U.S. Attorney’s Office, San Francisco, CA, for Plaintiff.
Steven Kalar, Daniel Blank, Federal Public Defender’s Office, San Francisco, CA, Joseph D. O’Sullivan, Joseph D. O’Sullivan Law Offices, San Francisco, CA, for Defendants.
MEMORANDUM AND ORDER
re Joint Defense Agreements
PATEL, Chief Judge.
Defendants have been charged with conspiracy and numerous violations of federal drug and weapons laws. In a previous order, this court required that all joint defense agreements be put into writing and submitted to the court. Counsel for defendants submitted proposed joint defense agreements for in camera review. Having reviewed the proposed joint defense agreements and having heard arguments from defendants on this matter, and for the reasons stated below, the court issues the following order.
BACKGROUND
Defendants are charged with participation in the criminal enterprises of a street gang in the Hunter’s Point area of San Francisco. In a series of three indictments, the government has charged a total of nearly thirty defendants with over seventy substantive counts relating to the operation of the gang over a period of several years. The number of defendants and the separate crimes charged render this case extraordinarily factually complex. Defense counsel report that they have already received discovery of over 20,000 pages of police reports, FBI memos, and other law enforcement materials.
In an effort to prepare coherent defenses efficiently, various defense counsel have sought to enter into joint defense agreements that would allow defendants to share factual investigations and legal work product. Out of concern for the Sixth Amendment rights of the defendants and the integrity of the proceedings, at the parties’ initial appearance on October 15, 2001, the court ordered that any joint defense agreements be committed to writing and provided to the court for in camera review. Oct. 15, 2001 Reporter’s Transcript at 11:11-19. No joint defense agreements were ever filed with the court pursuant to this order.
More than a year after the court’s initial order, the attorney for one defendant moved to withdraw his representation on the grounds that he had entered into a joint defense agreement with another defendant who he had since come to believe was cooperating with the prosecution. Although the attorney seeking to withdraw did not believe that he had obtained confidential information from the cooperating defendant, he did believe that the joint defense agreement had created an implied attorney-client relationship that included a duty of loyalty. The attorney maintained that this duty of loyalty would prevent him from cross-examining the cooperating defendant, should he testify at trial.
The court denied the motion to withdraw after conducting a colloquy in which the cooperating defendant waived any attorney-client privilege with respect to information received by the moving attorney. The court also ruled that joint defense agreements do not create in one attorney a duty of loyalty toward the defendant with whom he collaborates. In an order dated November 22, 2002, the court set forth requirements that future joint defense agreements: (1) be in writing; (2) contain a full description of the extent of the privilege shared; (3) contain workable withdrawal provisions; and (4) be signed not only by the attorneys but also by the clients who hold the privileges at issue. Order re Motion To Withdraw, Nov. 22, 2002, at 2.
At the following status conference, the court ordered that a proposed joint defense agreement be submitted to the court for in camera review. Defense counsel submitted two proposed agreements, which the court discussed with defense attorneys at an in camera status conference on January 13, 2003. One proposed agreement, entitled “Joint Defense Agreement Extending Attorney-Client Privileges” (hereinafter “Joint Defense Agreement”), discusses the duties of confidentiality and loyalty each attorney who signs the agreement will owe to each client who signs. The other, entitled “Joint Defense Agreement re Work Product” (hereinafter “Work Product Agreement”), addresses the confidential sharing of legal research and discovery analysis among the lawyers for the various defendants.
DISCUSSION
I. The Joint Defense Privilege Generally
The joint defense privilege is commonly described as an extension of the attorney-client privilege. See, e.g., In re Santa Fe Intern. Corp., 272 F.3d 705, 719 (5th Cir.2001); United States v. Evans, 113 F.3d 1457, 1467 (7th Cir.1997); United States v. Aramony, 88 F.3d 1369, 1392 (4th Cir.1996), cert. denied, 520 U.S. 1239, 117 S.Ct. 1842, 137 L.Ed.2d 1046 (1997). United States v. Schwimmer, 892 F.2d 237, 243 (2d Cir.1989); Waller v. Financial Corp. of Am., 828 F.2d 579, 583 n. 7 (9th Cir.1987). Scholarly commentators have uniformly argued that the joint defense privilege differs sufficiently from the attorney-client privilege in both purpose and scope that the two should be viewed as entirely separate doctrines. See, e.g., Deborah Stavile Bartel, Reconceptualizing the Joint Defense Doctrine, 65 Fordham L.Rev. 871 (1996); Craig S. Lerner, Conspirators’ Privilege and Innocents’ Refuge: A New Approach to Joint Defense Agreements, 77 Notre Dame L.Rev. 1449 (2002); Susan K. Rushing, Note: Separating the JoinL-De-fense Doctrine From the Attorney-Client Privilege, 68 Tex. L.Rev. 1273 (1990). To inform the analysis of the proposed joint defense agreements, the court must first examine in detail the nature of the joint defense privilege.
1. Protections for Attorney-Client Communications
“The attorney-client privilege is an evi-dentiary rule designed to prevent the forced disclosure in a judicial proceeding of certain confidential communications between a client and a lawyer.” United States v. Rogers, 751 F.2d 1074, 1077 (9th Cir.1985), quoted in Wharton v. Calderon, 127 F.3d 1201, 1205 (9th Cir.1997). The purpose of the privilege is to encourage “full and frank communication between attorneys and their clients and thereby promote broader public interests in the observance of law and administration of justice.” Upjohn Co. v. United States, 449 U.S. 383, 389, 101 S.Ct. 677, 66 L.Ed.2d 584 (1981); see also Hunt v. Blackburn, 128 U.S. 464, 470, 9 S.Ct. 125, 32 L.Ed. 488 (1888) (grounding the privilege “in the interest and administration of justice, of the aid of persons having knowledge of the law and skilled in its practice, which assistance can only be safely and readily availed of when free from the consequences or the apprehension of disclosure”).
The attorney-client privilege limits only the power of a court to compel disclosure of attorney-client communications or otherwise admit the communications themselves into evidence. Outside the courtroom, the privilege does not provide grounds for sanctioning an attorney’s voluntary disclosure of confidential communications to third parties. Wharton, 127 F.3d at 1205-06 (attorney-client privilege could not provide grounds to bar respondents from informally communicating with petitioner’s former attorneys). This is not to say that attorneys may freely reveal their clients’ confidences should they so desire. Mechanisms other than the attorney-client privilege protect against voluntary disclosure of confidential communications by counsel. The ethical rules governing attorneys require that all information pertaining to a client’s case be kept confidential. Cal. Bus. & Prof. Code § 6068(e) (setting forth attorney’s duty “[t]o maintain inviolate the confidence, and at every peril to himself or herself to preserve the secrets, of his or her client”); Model Rules of Profl Conduct, R. 1.6 (3d ed.1999). The comment to Model Rule of 1.6 discusses the relationship between the attorney-client privilege and the ethical duty of confidentiality:
The principle of confidentiality is given effect in two related bodies of law, the attorney-client privilege (which includes the work product doctrine) in the law of evidence and the rule of confidentiality established in professional ethics. The attorney-client privilege applies in judicial and other proceedings in which a lawyer may be called as a witness or otherwise required to produce evidence concerning a client. The rule of client-lawyer confidentiality applies in situations other than those where evidence is sought from the lawyer through compulsion of law. The confidentiality rule applies not merely to matters communicated in confidence by the client but also to all information relating to the representation, whatever its source.
Id, R. 1.6 cmt. The ethical duty of confidentiality may be enforced by more than just sanctions against an offending attorney. In a criminal case, where an attorney violates this ethical duty by revealing a client’s confidences to the government, a court may suppress the resulting evidence. Rogers, 751 F.2d at 1078-79. Prosecutors may also be subject to sanctions where they have induced an attorney to violate her duty of confidentiality. Model Rules of Profl Conduct, R. 8.4(a).
In criminal cases, the Constitution also protects confidential attorney-client communications from the eyes and ears of the government. An intrusion by the government into an attorney-client relationship in order to obtain confidential information may be deemed a violation of a defendant’s Sixth Amendment right to effective assistance of counsel or Fifth Amendment due process rights. See, e.g., United States v. Haynes, 216 F.3d 789, 796 (9th Cir.2000), cert. denied, 531 U.S. 1078, 121 S.Ct. 776, 148 L.Ed.2d 674 (2001) (deliberate intrusion into attorney-client relationship may violate Fifth Amendment); United States v. Aulicino, 44 F.3d 1102, 1117 (2d Cir.1995) (unintentional interference with attorney-client relationship may violate defendant’s Sixth Amendment rights where government gains confidential information and prejudice results). In such a situation, a court may suppress evidence gathered as a result of the communication or, in egregious cases where the prejudice cannot otherwise be cured, dismiss the indictment. Haynes, 216 F.3d at 796; United States v. Marshank, 777 F.Supp. 1507, 1521-22 (N.D.Cal.1991).
These three doctrines — the evidentiary rule of attorney-client privilege, the ethical duty of confidentiality imposed on attorneys, and the ethical and constitutional requirements that the government not intrude upon the attorney-client relationship — serve the common end of keeping communications between attorney and client from disclosure either to adversaries or the finder of fact, thus encouraging the full and frank communications between attorney and client that are required for the adversarial system to function.
2. The Evolution of the Joint Defense Privilege
The joint defense privilege initially arose as an extension of the attorney-client privilege against court-ordered disclosure against confidential communications. Ordinarily, the attorney-client privilege will be deemed waived where a client discloses the contents of an otherwise privileged communication to a third party or where the communication occurs in the presence of third parties. United States v. Gann, 732 F.2d 714, 723 (9th Cir.), cert. denied, 469 U.S. 1034, 105 S.Ct. 505, 83 L.Ed.2d 397 (1984) (privilege waived when communication made in presence of third party); Weil v. Investment/Indicators, Research and Management, Inc., 647 F.2d 18, 24 (9th Cir.1981) (subsequent disclosure of content of communication waives privilege). The joint defense privilege was adopted as an exception to this waiver rule, under which communications between a client and his own lawyer remain protected by the attorney-client privilege when disclosed to co-defendants or their counsel for purposes of a common defense. Hunydee v. United States, 355 F.2d 183, 185 (9th Cir.1965); Continental Oil Co. v. United States, 330 F.2d 347, 350 (9th Cir.1964); Chahoon v. Virginia, 62 Va. 822 (1871); see also Waller, 828 F.2d at 583 n. 7.
Although established as an evidentiary rule which bound courts from compelling disclosure of certain evidence, the joint defense privilege was soon applied as an ethical doctrine which imposed on counsel a limited duty of confidentiality toward their client’s co-defendants regarding information obtained in furtherance of a common defense. In particular, courts have ruled that an attorney may be disqualified if her client’s interests require that she cross-examine (or oppose in a subsequent action) another member of a joint defense agreement about whom she has learned confidential information. See generally, Arnold Rochvarg, Joint Defense Agreements and Disqualification of Co-Defendant’s Counsel, 22 Am. J. Trial Advoc. 311 (1998); Bartel, supra.
In the first case to raise the issue, Wilson P. Abraham Constr. Corp. v. Armco Steel Corp., 559 F.2d 250, 253 (5th Cir.1977), the Fifth Circuit addressed a motion to disqualify plaintiffs counsel brought by defendants in a civil antitrust action. In a prior criminal action against various steel mills for price fixing in which Armco had been charged, plaintiffs attorney had represented another steel company also named as a defendant. In this capacity, he had conferred with representatives of other indicted companies, including Armco, at meetings designed to develop a joint defense. In its motion, Armco maintained that the attorney’s obligation to maintain the confidences learned through the previous joint defense effort conflicted with his client’s present interests and warranted his disqualification. The Fifth circuit agreed, finding:
Just as an attorney would not be allowed to proceed against his former client in a cause of action substantially related to the matters in which he previously represented that client, an attorney should also not be allowed to proceed against a co-defendant of a former client wherein the subject matter of the present controversy is substantially related to the matters in which the attorney was previously involved, and wherein confidential exchanges of information took place between the various co-defendants in preparation of a joint defense.
Id. at 253.
Despite the analogy to attorney-client relationships, the Abraham Construction court did not treat the attorney’s participation in a joint defense agreement as identical to formal representation of a client. Had plaintiffs attorney actually represented Armco, he would have been disqualified automatically on the irrebutta-ble presumption that he had gained confidences during the prior representation on a related matter. In re Yarn Processing Patent Validity Litigation, 530 F.2d 83, 89 (5th Cir.1976); accord Trone v. Smith, 621 F.2d 994, 998 (9th Cir.1980); Elan Transdermal Ltd. v. Cygnus Therapeutic Sys., 809 F.Supp. 1383, 1388 (N.D.Cal.1992). Finding that there had been “no direct attorney-client relationship,” the court refused to presume that plaintiffs attorney had obtained confidential information in the course of the joint defense. The court instead placed the burden on the party moving for disqualification to prove that the plaintiffs attorney had actually been privy to confidential information. Abraham Constr., 559 F.2d at 253.
Subsequent courts have followed suit in requiring a showing that the attorney actually obtained confidences before disqualifying counsel. See, e.g., Fred Weber, Inc. v. Shell Oil Co., 566 F.2d 602, 608, 610 (8th Cir.1977), cert. denied, 436 U.S. 905, 98 S.Ct. 2235, 56 L.Ed.2d 403 (1978), overruled on other grounds by In re Multi-Piece Rim Products Liability Litigation, 612 F.2d 377, 378 (8th Cir.1980); Essex Chemical Corp. v. Hartford Accident & Indemnity Co., 993 F.Supp. 241, 251-52 (D.N.J.1998); GTE North, Inc. v. Apache Products Co., 914 F.Supp. 1575, 1580 (N.D.Ill.1996); see generally Rochvarg, supra. While a joint defense agreement does impose a duty of confidentiality, that duty is limited in that the showing required to establish a conflict of interest arising from prior participation in a joint defense agreement is significantly higher than that required to make out a conflict based on former representation of a client.
Finally, a few courts have assumed that the prosecution in a criminal case could violate a defendant’s constitutional rights by receiving information from cooperating co-defendants (or their attorneys) that was obtained through a joint defense agreement. See Aulicino, 44 F.3d at 1117 (attendance at joint defense meeting of defendant in negotiations to cooperate with government does not require hearing on Sixth Amendment violation without showing that cooperating defendant had provided privileged information); United States v. Hsia, 81 F.Supp.2d. 7, 16-20 (D.D.C.2000) (even knowing intrusion into the attorney-client relationship during plea negotiation with co-defendant’s attorney does not constitute violation without showing that communications actually passed to government).
II. The Court’s Power to Inquire into Joint Defense Agreements
As a threshold matter, defendants object to the court’s inquiries into joint defense agreements prior to any controversy arising that would require such disclosure. Defendants assert that there is no authority for requiring advance disclosure of joint defense agreements and that such disclosures inhibit their ability to represent their clients effectively. Defendants also object to the court’s requirement that the joint defense agreements be committed to writing. The court therefore begins by addressing how its inherent supervisory powers permit inquiry into the circumstances of representation and imposition of procedural requirements on joint defense agreements in order to safeguard defendants’ Sixth Amendment rights to conflict-free counsel.
“Under their supervisory power, courts have substantial authority to oversee their own affairs to ensure that justice is done.” United States v. Simpson, 927 F.2d 1088, 1089 (9th Cir.1991). A court may exercise its supervisory powers to implement a remedy for the violation of a recognized statutory or constitutional right, or may take preemptive steps to avoid such violations by imposing procedural rules not specifically required by the Constitution or Congress. United States v. Hasting, 461 U.S. 499, 505, 103 S.Ct. 1974, 76 L.Ed.2d 96 (1983); Simpson, 927 F.2d at 1090.
These supervisory powers unquestionably allow courts to require disclosure of the precise nature of a criminal defendant’s representation to ensure that no conflict of interest exists that would deprive a defendant of his Sixth Amendment right to effective assistance of counsel. Courts have routinely intervened — prior to any controversy arising — where the circumstances of a criminal defendant’s representation raises the potential for conflict of interest during the course of the proceedings, even before intervention is required by statutory or constitutional rule. See Bucuvalas v. United States, 98 F.3d 652, 655 (1st Cir.1996) (exercising supervisory power to require that federal district courts inquire into representation of multiple defendants by a single attorney); Henderson v. Smith, 903 F.2d 534, 537 (8th Cir.) (grounding requirements on inquiry into multiple representation in supervisory powers), cert. denied, 498 U.S. 989, 111 S.Ct. 529, 112 L.Ed.2d 539 (1990); Ford v. United States, 379 F.2d 123, 125-26 (D.C.Cir.1967) (same).
Indeed, the Supreme Court has recently considered under what circumstances the Sixth Amendment requires a trial court to inquire into potential conflicts that are brought to its attention. See Mickens v. Taylor, 535 U.S. 162, 122 S.Ct. 1237, 152 L.Ed.2d 291 (2002) (addressing whether state trial court had duty to inquire into potential conflict of interest arising from representation of defendant accused of killing attorney’s client). The Supreme Court has long held that in cases of joint representation of multiple defendants by a single attorney, where a trial court knows or should know about a particular conflict of interest, that court has a constitutional duty to explore the conflict further and to ensure that defendant’s Sixth Amendment rights have been adequately protected or knowingly waived. See Cuyler v. Sullivan, 446 U.S. 335, 344-47, 100 S.Ct. 1708, 64 L.Ed.2d 333 (1980). Congress has seen fit to exceed the constitutional minimum and mandate exploration of potential conflicts by federal trial courts in every instance of multiple representation. Fed.R..Crim.P. 44(c)(2). These decisions by the Court and Congress to require inquiry under certain circumstances presuppose that trial courts possess the power to investigate such potential conflicts in the first place.
As discussed above, joint defense agreements impose an ethical duty of confidentiality on participating attorneys, presenting the potential for conflicts of interest that might lead to the withdrawal or disqualification of a defense attorney late in the proceedings or the reversal of conviction on appeal. See, e.g., United States v. Henke, 222 F.3d 633, 643 (9th Cir.2000) (reversing defendants’ convictions where trial court improperly denied defense counsel’s motion to withdraw on the eve of trial). When a party to a joint defense agreement decides to cooperate with the government, the potential for disclosure of confidential information also threatens other defendants’ Sixth Amendment rights. See Aulicino, supra; Hsia, supra. “Federal courts have an independent interest in ensuring that criminal trials are conducted within the ethical standards of the profession and that legal proceedings appear fair to all who observe them.” Wheat v. United States, 486 U.S. 153, 160, 108 S.Ct. 1692, 100 L.Ed.2d 140 (1988). Courts also “[have] an independent interest in protecting a fairly-rendered verdict from trial tactics that may be designed to generate issues on appeal.” United States v. Moscony, 927 F.2d 742 (3d Cir.), cert. denied, 501 U.S. 1211, 111 S.Ct. 2812, 115 L.Ed.2d 984 (1991). Given the high potential for mischief, courts are well justified in inquiring into joint defense agreements before problems arise.
The present case appears particularly likely to lead to conflicts caused by cooperation between defendants. Here, there are a large number of defendants, some of whom may not have known each other prior to their first appearance before this court. The charges span a variety of incidents over several distinct periods of time and allege roles of varying degrees of culpability. The interests of any two defendants are less likely to coincide precisely than in the case of two defendants accused of essentially equal participation in a single crime. Where defendants do not have cohesive interests, the potential for conflict is, by definition, greater—as is the potential for cooperating with the government.
In addition to the lack of cohesion obvious from the face of the indictment, the unfolding of the present proceedings has provided further evidence that the defendants’ interests are not generally united. A significant number of the defendants in this case have in fact entered guilty pleas and cooperated with the government. One of the cooperating defendants has been murdered and another has received threats. Whether or not these actions can be attributed to any defendants in this case, they have proven intimidating to other defendants seeking to plead guilty or cooperate with the government. These circumstances illustrate that defendants interests are not cohesive, indicating a far greater likelihood of conflict than in a case with fewer defendants and a more unified defense.
The threat that these agreements might pose to defendants’ Sixth Amendment rights—and to the integrity of the proceedings—warrants the minimal disclosures that the court has thus far required and the restrictions imposed by this court. The court appreciates defendants’ concern that disclosing who among them have signed a joint defense agreement might give the government insight into the trial strategies of various defendants. Defendants have not, however, asserted any legal grounds to prevent disclosure of joint defense agreements to the court. To the extent that joint defense agreements simply set forth the existence of attorney-client relationships—implied or otherwise—between various attorneys and defendants, the contents of such agreements do not fall within the attorney-client privilege. United States v. Bauer, 132 F.3d 504, 508-09 (9th Cir.1997) (attorney-client privilege does not cover the identity of an attorney’s client); see also Hsia, 81 F.Supp.2d at 11 n. 3 (expressing doubt that “either the existence or the terms of a [joint defense agreement] are privileged”). The court has nonetheless conducted its inquiry into joint defense agreements in camera in order to avoid offering the prosecution any hint of defense strategies.
Once disclosed to the court, a joint defense agreement may indicate a potential for future conflicts of interest that warrants further action. The present case certainly calls for inquiry. As set forth below, the proposed joint defense agreement has heightened the court’s concern that potential conflicts might arise in this particular case, or that the defendants have been substantially misinformed of their rights under the joint defense privilege. The court now turns to these areas of concern.
III. Problems with the Proposed Joint Defense Agreements
The proposed Joint Defense Agreement submitted by counsel contemplates “open and candid exchange of investigation leads and legal theories of defense.” The agreement suggests that any defendant who is a party to the case will “meet to discuss the case and ... candidly and openly address all charges and possible defenses.” It provides in unqualified terms that “all counsel who sign this agreement will owe all defendants who sign this agreement a duty of confidentiality.” It also provides that each attorney will owe each defendant a duty of loyalty. The agreement notes that individuals may withdraw from the agreement by notifying all remaining members, but that withdrawal does not relieve a party of the duties created by the agreement.
The proposed agreement submitted by defendants is problematic in at least two material respects. First, the proposed agreement purports to create a duty of loyalty on the part of signing attorneys that extends to all signing defendants. The proposed defense agreement also does not contain workable withdrawal provisions that adequately avoid the possibility of disqualification on the eve of trial, or even during trial.
A. Ethical Obligations Imposed by the Privilege
The proposed joint defense agreement explicitly imposes on signing attorneys not only a duty of confidentiality, but a separate general duty of loyalty to all signing defendants. Such a duty has no foundation in law and, if recognized, would offer little chance of a trial unmarred by conflict of interest and disqualification.
Joint defense agreements are not contracts which create whatever rights the signatories chose, but are written notice of defendants’ invocation of privileges set forth in common law. Joint defense agreements therefore cannot extend greater protections than the legal privileges on which they rest. A joint defense agreement which purports to do so does not accurately set forth the protections which would be given to defendants who sign. In the present case, unless the joint defense privilege recognized in this Circuit imposes a duty of loyalty on attorneys who are parties to a joint defense agreement, the duty of loyalty set forth in the proposed agreement would have no effect other than misinforming defendants of the actual scope of their rights.
Courts have consistently viewed the obligations created by joint defense agreements as distinct from those created by actual attorney-client relationships. Abraham Constr., 559 F.2d at 253; see also Weber, 566 F.2d at 607-10; GTE North, 914 F.Supp. at 1580. As discussed above, courts have also consistently ruled that where an attorney represents a client whose interests diverge from a party with whom the attorney has previously participated in a joint defense agreement, no conflict of interest arises unless the attorney actually obtained relevant confidential information. This position is inconsistent with a general duty of loyalty owed to former clients, which would automatically preclude an attorney from subsequently representing a client with an adverse interest. Model Rules of Prof 1 Conduct, R. 1.9.
To support the proposed imposition of a general duty of loyalty, defendants rely exclusively on the Ninth Circuit’s opinion in United States v. Henke, 222 F.3d 633 (9th Cir.2000) (per curiam), which states that a joint defense agreement “establishes an implied attorney-client relationship with the co-defendant,” id. at 637. Defendants’ argument rests on the conclusion that by referring to an “implied attorney-client relationship,” the Ninth Circuit implicitly expanded the joint defense privilege beyond the recognized protection against disclosure of confidential information learned through a joint defense agreement to impose on each attorney an additional general duty of loyalty to her client’s co-defendants. Defendants have cited no legal authority suggesting that joint defense agreements entail a duty of loyalty.
In Henke, three co-defendants participated in joint defense meetings in which confidential information was discussed. Id. On the eve of trial, one defendant pleaded guilty and agreed to testify for the government. Counsel for the other two defendants each moved to withdraw on the grounds that the duty of confidentiality prevented them from cross-examining the former co-defendant and impeaching him with prior statements made in confidence. Id. The cooperating co-defendant filed papers expressly stating that he did not waive the attorney-client privilege and would take legal action if the remaining defense counsel disclosed confidential information, even in an ex parte motion to withdraw. Id. at 638.
The conflict addressed by the Henke court resulted from the attorney’s duty to protect specific confidential information revealed during the course of a joint defense meeting, not from a broader duty of loyalty owed to the cooperating witness. Although the Henke court referred to joint defense agreements in terms of an “implied attorney-client relationship,” the court’s analysis focused exclusively on confidential information. Accepting that the cooperating witness had made statements at joint defense meetings which would contradict his testimony, the court noted that the remaining defense attorneys could neither introduce those statements nor seek out further evidence to support those statements without using the witness’s confidences against him. Id. at 637-38. In finding a conflict, the court did not rest on the attorneys’ adverse position to the former party to the joint defense agreement, but relied instead on the fact that the defense attorneys would use or divulge specific pieces of privileged information.
Admittedly, there is a significant difference between the disclosure of confidential information and the use of confidential information without disclosure. Both the common law doctrine of attorney-client privilege and the ethical duty of confidentiality address only the disclosure of confidential information and not the use of confidential information, without disclosure, in a manner adverse to the client’s interests. See 8 Wigmore, Evidence § 2292 (attorney-client privilege); Model Rules of Profl Conduct, R. 1.6 (duty of confidentiality). Any obligation on the part of an attorney not to use confidential information against a client arises from separate duties. See ABA Model Rules of Profl Conduct, R. 1.9(c) (“A lawyer who has formerly represented a client in a matter ... shall not thereafter (1) use information relating to the representation to the disadvantage of the client .... ”). An attorney might use information gained in confidence to structure an investigation for facts with which she could discredit the cooperating witness without ever disclosing the information and running afoul of either the attorney-client privilege or the duty of confidentiality-
The Henke court suggests that the duty to protect confidential information divulged under a joint defense agreement may extend beyond the duty not to disclose and include a duty not to use the information gained in a manner adverse to the interests of the client. See, e.g. Henke, 222 F.3d at 637-38 (“Had [the attorneys] pursued the material discrepancy in some other way, a discrepancy they learned about in confidence, they could have been charged with using it against their onetime client .... ”). This position is entirely consistent with the rule for disqualification established in Abraham Construction and followed by other courts: disqualification is proper where a party seeking disqualification can show that an attorney for another defendant actually obtained relevant confidential information through a joint defense agreement. Indeed, the Henke court unambiguously adopted the standard set forth in Abraham Construction by quoting that decision at length. See Henke, 222 F.3d at 637 (quoting Abraham Constr., 559 F.2d at 253).
For the Henke court, a conflict of interest only arose where the attorney possessed relevant confidential information. Even the possession of some confidential information by an attorney would not require disqualification unless the defense of her client required disclosure or use of that information:
There may be cases in which defense counsel’s possession of information about a former co-defendanVgovernment witness learned through joint defense meetings will not impair defense counsel’s ability to represent the defendant or breach the duty of confidentiality to the former co-defendant. Here, however, counsel told the district court that this was not a situation where they could avoid reliance on the privileged information and still fully uphold their ethical duty to represent their clients.
Henke, 222 F.3d at 638.
In distinguishing cases based on reliance on protected information, the Henke court specifically noted that joint defense meetings in and of themselves are not disqualifying. Id. at 638. This refusal to extend a per se rule would not be possible if a general duty of loyalty existed to a cooperating former co-defendant, because the interests of the testifying witness in cooperating effectively would always be adverse to the interests of- the remaining defendants in preventing or minimizing the witness’s testimony.
Finally, the court notes that the cases on which the Henke court relied to reach its conclusion do not suggest a general duty of loyalty or a full attorney-client relationship between an attorney and all co-defendants who are party to a joint defense agreement. See Abraham Const., 559 F.2d at 253 (finding that in the context of a common defense, “there is no presumption that confidential information was exchanged as there was no direct attorney-client relationship. [The attorney] should not be disqualified unless the trial court should determine that [he] was actually privy to confidential information.”). These cases address only whether the protections for confidential information are waived when the information is shared with co-defendants or their counsel who are parties to a joint defense arrangement. See Waller v. Financial Corp. of America, 828 F.2d 579, 583 n. 7 (9th Cir.1987) (describing the joint defense privilege as “an extension of the attorney-client privilege” under which “communications by a client to his own lawyer remain privileged when the lawyer subsequently shares them with co-defendants for purpose of a common defense”); United States v. McPartlin, 595 F.2d 1321, 1326 (7th Cir.) (finding that statements of a former co-defendant remain protected by attorney-client privilege because waiver of the privilege is not inferred from the disclosure in confidence to a co-party’s attorney for a common purpose), cert. denied, 444 U.S. 833, 100 S.Ct. 65, 62 L.Ed.2d 43 (1979); Abraham Constr., 559 F.2d at 253 (finding that in a joint defense arrangement, “the counsel of each defendant is, in effect, the counsel of all for the purposes of invoking the attorney-client privilege in order to shield mutually shared confidences”). The court finds no cases recognizing joint defense agreements as creating either a true attorney-client relationship or a general duty of loyalty.
There is good reason for the law to refrain from imposing on attorneys a duty of loyalty to their clients’ co-defendants. A duty of loyalty between parties to a joint defense agreement would create a minefield of potential conflicts. Should any defendant that signed the agreement decide to cooperate with the government and testify in the prosecution’s case-in-chief, an attorney for a non-cooperating defendant would be put in the position of cross-examining a witness to whom she owed a duty of loyalty on behalf of her own client, to whom she also would owe a duty of loyalty. This would create a conflict of interest which would require withdrawal. See Moscony, 927 F.2d at 750 (“Conflicts of interest arise whenever an attorney’s loyalties are divided, and an attorney who cross-examines former clients inherently encounters divided loyalties.”) (citations omitted). Thus, the existence of a duty of loyalty would require that the attorneys for all noncooperating defendants withdraw from the ease in the event that any one participating defendant decided to testify for the government.
A duty of loyalty would even require withdrawal where a defendant sought to put on a defense that in any way conflicted with the defenses of the other defendants participating in a joint defense agreement. An attorney with a duty of loyalty to defendants other than her client could not shift blame to other defendants or introduce any evidence which undercut their defenses. Nor could an attorney cross-examine a defendant who testified on his own behalf.
As these scenarios illustrate, a joint defense agreement that imposes a duty of loyalty to all members of the joint defense agreement eliminates the utility of employing separate counsel for each defendant and (for purposes of conflict analysis) effectively creates a situation in which all signing defendants are represented jointly by a team of all signing attorneys. The court certainly could not permit joint representation of defendants with such disjointed interests as those in the present case. Fed.R.Crim.P. 44(c)(2).
Disqualification of attorneys late in the proceedings benefits no one' — it deprives defendants of counsel whom they know and trust and perhaps even chose; it forces delays while new counsel become acquainted with the case, which harm defendants, the prosecution, and the court. In the present case, where certain attorneys have acted as lead counsel for large groups of defendants on major issues, disqualification could prejudice all defendants, not simply those who are parties to the joint defense agreement. The potential for disqualification arising from joint defense agreements can be “used as a weapon in the hands of aggressive prosecutors” that discourages formation of the agreements. Bartel, supra, at 872-73; see also Anderson, supra (addressing prosecutor’s motion to disqualify based on defense attorney’s participation in joint defense agreement with cooperating witness). To avoid these problems, many defense attorneys draft joint defense agreements that explicitly disclaim any attempt to create an attorney-client relationship. Lerner, supra, at 1507-08 & n. 246; Joint Defense Agreement, Am. Law Institute-Am. Bar Ass’n, Trial Evidence in the Federal Courts: Problems and Solutions, at 35 (1999) (providing that the agreement should not be read “to create an attorney-client relationship between any attorney and anyone other than the client of that attorney”).
Because neither precedent nor sound policy supports imposing on attorneys who sign a joint defense agreement a general duty of loyalty to all participating defendants, the court finds the provisions of the proposed Joint Defense Agreement that purport to create a duty of loyalty unacceptable. Should defendants wish to enter into representation in which attorneys owe multiple defendants a general duty of loyalty, they would need to obtain approval of the court pursuant to Federal Rule of Criminal Procedure 44(c)(2).
B. Withdrawal Provisions
The proposed joint defense agreement provides that any member may withdraw from the agreement by giving notice to all other members. At the hearing on the proposed agreements, defense counsel suggested that signing defendants were willing accept the risk of conflict created by a withdrawing defendant by accepting the risk that counsel might be disqualified. Ordinarily, defendants seeking to enter into representation which holds potential conflicts of interest accept risks by waiving their rights to assert the conflict, rather than by steeling themselves to assert it as defense counsel suggests. The situation created by the joint defense agreement is no exception.
A first question arising as to the nature of an appropriate waiver is at what point in the proceedings defendants should waive their rights in order to avoid conflicts. Given the highly divergent interests of defendants in the present case, the court is entitled to require that waiver provisions be included in the joint defense agreement, so that defendants who participate are fully apprised of the potential for conflict and understand the consequences both of entering into the joint defense agreement and of withdrawing from it. The alternative — deferring action on waiver until one defendant decides to testify— fails to avoid the danger of disqualification entirely.
A second and more complicated question is what sort of waiver provisions would avoid the threat of conflict while adequately protecting defendants’ right to cooperate on a joint defense. Defendants could conceivably waive potential conflicts through provisions in the joint defense agreement in one of two ways. One court has allowed defendants to waive potential conflict by agreeing in advance that no attorney will use any information obtained by reason of the confidentiality in cross-examining defendants. United States v. Anderson, 790 F.Supp. 231, 232 (W.D.Wash.1992). This method of waiving conflict, however, stands in tension with the general principle that where an attorney has actually obtained confidential information relevant to her representation of a client, the law presumes that she cannot avoid relying on the information — however indirectly or unintentionally — in forming legal advice and trial strategy. See Henke, 222 F.3d at 637-38 (“Had [the attorneys] pursued the material discrepancy in some other way, a discrepancy they learned about in confidence, they could have been charged with using it against their one-time client .... ”). Because the cross-examining attorney still holds relevant confidences of the witness, it is not clear that she can truly operate free from conflict. The solution also compromises one defendant’s right to a fully zealous attorney for another defendant’s decision to testify. The waiver is less informed, as each defendant must waive the right to use the others’ confidences before knowing what those confidences are.
The better form of waiver is suggested by the American Law Institute-American Bar Association in their model joint defense agreement, which provides:
Nothing contained herein shall be deemed to create an attorney-client relationship between any attorney and anyone other than the client of that attorney and the fact that any attorney has entered this Agreement shall not be used as a basis for seeking to disqualify any counsel from representing any other party in this or any other proceeding; and no attorney who has entered into this Agreement shall be disqualified from examining or cross-examining any client who testifies at any proceeding, whether under a grant of immunity or otherwise, because of such attorney’s participation in this Agreement; and the signatories and their clients further agree that a signatory attorney examining or cross-examining any client who testifies at any proceeding, whether under a grant of immunity or otherwise, may use any Defense Material or other information contributed by such client during the joint defense; and it is herein represented that each undersigned counsel to this Agreement has specifically advised his or her respective client of this clause and that such client has agreed to its provisions.
Joint Defense Agreement, Am. Law Institute-Am. Bar Ass’n, Trial Evidence in the Federal Courts: Problems and Solutions, at 35 (1999). Under this regime, all defendants have waived any duty of confidentiality for purposes of cross-examining testifying defendants, and generally an attorney can cross-examine using any and all materials, free from any conflicts of interest. This form of waiver also places the loss of the benefits of the joint defense agreement only on the defendant who makes the choice to testify. Defendants who testify for the government under a grant of immunity lose nothing by this waiver. Those that testify on their own behalf have already made the decision to waive their Fifth Amendment right against self-incrimination and to admit evidence through their cross-examination that would otherwise be inadmissible.
The conditional waiver of confidentiality also provides notice to defendants that their confidences may be used in cross-examination, so that each defendant can choose with suitable caution what to reveal to the joint defense group. Although a limitation on confidentiality between a defendant and his own attorney would pose a severe threat to the true attorney-client relationship, making each defendant somewhat more guarded about the disclosures he makes to the joint defense effort does not significantly intrude on the function of joint defense agreements. The attorney-client privilege protects “full and frank” communication because the attorney serves as the client’s liaison to the legal system. Without a skilled attorney, fully apprised of her client’s situation, our adversarial system could not function. Any secret a client keeps from his own counsel compromises his counsel’s ability to represent him effectively and undermines the purpose of the attorney-client privilege.
Joint defense agreements, however, serve a different purpose. Each defendant entering a joint defense agreement already has a representative, fully and confidentially informed of the client’s situation. The joint defense privilege allows defendants to share information so as to avoid unnecessarily inconsistent defenses that undermine the credibility of the defense as a whole. Bartel, supra, at 873, 881. In criminal cases where discovery is limited, such collaboration is necessary to assure a fair trial in the face of the prosecution’s informational advantage gained through the power to gather evidence by searches and seizures. Co-defendants may eliminate inconsistent defenses without the same degree of disclosure that would be required for an attorney to adequately represent her client. The legitimate value of joint defense agreements will not be significantly diminished by including a limited waiver of confidentiality by testifying defendants for purposes of cross-examination only.
CONCLUSION
For the foregoing reasons, the Court rules as follows:
(1) Any joint defense agreement entered into by defendants must be committed to writing, signed by defendants and their attorneys, and submitted in camera to the court for review prior to going into effect.
(2) Each joint defense agreement submitted must explicitly state that it does not create an attorney-client relationship between an attorney and any defendant other than the client of that attorney. No joint defense agreement may purport to create a duty of loyalty.
(3) Each joint defense agreement must contain provisions conditionally waiving confidentiality by providing that a signatory attorney cross-examining any defendant who testifies at any proceeding, whether under a grant of immunity or otherwise, may use any material or other information contributed by such client during the joint defense.
(4) Each joint defense agreement must explicitly allow withdrawal upon notice to the other defendants.
IT IS SO ORDERED.
. While all defense counsel participated in discussions on joint defense agreements at the court’s request, nothing in this memorandum should be taken as a representation as to which defendants wish to enter a single joint defense agreement at the present time.
. Although courts have declared that attorneys operating under a joint defense agreement owe defendants other than their clients a limited duty of confidentiality, the ABA Committee on Ethics & Professional Responsibility has opined that the Model Rules of Professional Conduct do not impose such duties on an attorney. ABA Comm, on Ethics & Prof'l Responsibility, Formal Op. 395 (1995). The Committee nonetheless noted that courts had recognized an attorney's "fiduciary obligation" to other members of a joint defense agreement that could create a disqualifying conflict of interest. Id.
. This difference of interests between defendants is, in fact, likely to lead to the choice of separate representation with a joint defense agreement rather than joint representation.
. The joint defense agreements presented to this court may even create the type of representation on which the court must act under Federal Rule of Criminal Procedure 44(c). Rule 44(c)(2) requires that a federal court take active measures to safeguard defendants’ Sixth Amendment rights when defendants jointly charged in a criminal indictment “are represented by the same counsel.” Fed. R.Crim.P. 44(c)(1)(B), (2). While each of the jointly charged defendants in the present case has his or her own separate attorney, the proposed joint defense agreement presented to this court purports to impose on each attorney duties of loyalty and confidentiality toward each defendant. As discussed below, the court finds little to distinguish this form of representation from multiple representation of all defendants who sign the agreement by a single team composed of all the attorneys — -a situation in which this court would be obliged by statute to "take appropriate measures to protect each defendant’s right to counsel" unless there is good cause to believe that no conflict of interest is likely to arise. Fed. R.Crim.P. 44(c)(2).
. No written agreement is generally required to invoke the joint defense privilege. The existence of a writing does establish that defendants are collaborating, thus guarding against a possible finding that a particular communication was made spontaneously rather than pursuant to a joint defense effort. See United States v. Weissman, 195 F.3d 96, 98-99 (2d Cir.1999) (finding no joint defense agreement in place at the time communication took place). A written joint defense agreement also protects against misunderstandings and varying accounts of what was agreed to by the attorneys and their clients.
. Several courts have drawn parallels between joint defense agreements and the attorney-client relationship in passing prefatory remarks, rather than as legal conclusions drawn after thorough analysis of the scope of each relationship and the precise nature of the ethical duties involved. Bartel, supra, at 901. These statements should not be taken out of context, but must be examined in light of the issues decided by the particular court. Individual courts have recognized that the two types of relationships create privileges which are similar in some respects and different in others. The Abraham Construction court, for example, stated that in a joint defense arrangement, "the counsel of each defendant is, in effect, the counsel of all for the purposes of invoking the attorney-client privilege in order to shield mutually shared confidences.” Abraham Constr., 559 F.2d at 253. In the following paragraph, however, the court distinguished between the two types of relationships in holding that for parties to a joint defense agreement, "there is no presumption that confidential information was exchanged as there was no direct attorney-client relationship.” Id.
In particular, an analogy between joint defense agreements and attorney-client relationships in the context of the evidentiary attorney-client privilege does not necessarily hold where the ethical obligations imposed by joint defense agreements are at issue. The Seventh Circuit, in upholding the district court's exclusion of a defendant’s statements to a co-defendant's legal investigator pursuant to the attorney-client privilege, made the sweeping statement, "The attorney who thus undertakes to serve his client's co-defendant for a limited purpose becomes the co-defendant’s attorney for that purpose.” United States v. McPartlin, 595 F.2d 1321, 1337 (7th Cir.), cert. denied, 444 U.S. 833, 100 S.Ct. 65, 62 L.Ed.2d 43 (1979). In light of the narrow evidentiary issue before that court, the court does not read McPartlin to pass on whether joint defense relationships entail the full ethical obligations of the attorney-client relationship.
. Defendants also assert in the joint defense agreement that any duty of confidentiality includes a duty of loyalty, relying on the Ninth Circuit's pronouncement in Damron v. Herzog that "it is anomalous to find that the duty of confidentiality does not have as its direct correlation a duty of loyalty." 67 F.3d 211, 215 (9th Cir.1995), cert. denied, 516 U.S. 1117, 116 S.Ct. 922, 133 L.Ed.2d 851 (1996) (citations omitted). Defendants apparently read this language to imply that whenever an attorney is under a duty of confidentiality to an individual, she is also under a general duty of loyalty.
When the above language is placed in context, however, it is clear that the Damron court referred to a far more limited duty. The court simply echoed the rule embraced by Henke and Abraham Construction that the law does not trust an attorney who actually possesses relevant confidences to proceed without using or disclosing them:
Damron argues that Herzog’s advice to the Wheatleys necessarily involved decisions based on confidential information, which inevitably created the risk of a breach.
We agree that when an attorney engages in a conflict of interest on the same matter, he or she is in a position to act on the confidential information learned from the relationship with the first client, whether or not that information is actually disclosed or acted upon in advising the new client. Because this position creates such a grave risk of breach of confidence, it is anomalous to find that the duty of confidentiality does not have as its direct correlation a duty of loyalty-
Damron, 67 F.3d at 215 (citations omitted). Because the correlative "duty of loyalty” referred by the Damron court would not arise unless the attorney actually possessed confidential information, it is distinct from the general duty of loyalty owed former clients.
. In light of the court's findings on the present defendants' lack of cohesive interests, the court would not allow joint representation without compelling evidence indicating that no conflict of interest is likely to arise. Fed. R.Crim.P. 44(c)(2).
. Defendants are presumably also willing to accept the risk that confidences shared through the joint defense agreement but divulged to the prosecution will lead to the exclusion of resulting evidence or the dismissal of the indictment. The court fails to find much magnanimity in this sort of concession.
|
CASELAW
|
User:Herb5902/Black Walnut
Juglans nigra
* Antifungal
* Candida albicans
* Said to relieve both
* constipation and
* diarrhea.
|
WIKI
|
Woodrow Stanley
Woodrow Stanley (June 12, 1950 – February 15, 2022) was an American Democratic Party politician. He was mayor of Flint, Michigan from 1991 until his recall in 2002, and was a member of the Michigan House of Representatives from District 34 from 2009 to 2014.
Early life
Stanley was born in Schlater, Mississippi, on June 12, 1950. He attended and graduated from Mott Community College. He then attended University of Michigan-Flint earning a bachelor's degree in political science. At University of Michigan-Flint, he had done additional course work towards a Masters of Public Administration.
Political career
In 1983, Stanley was appointed to the Flint City Council representing the 2nd ward being reelected until his election to the office of Mayor of the City of Flint defeating the incumbent Matthew S. Collier. Stanley was elected to three terms as Mayor defeating (in order) future mayor Don Williamson (1995) and City Councilor Scott Kincaid (1999). He was recalled in 2002 due to the city's shaky financial condition and a state appointed Financial Manager was appointed after he left office. In 2004, Stanley was elected to the Genesee County Board of Commissioners, 2nd District. In his second term as Commissioner, Stanley was selected to be chairman of the Board of Commissioners. In November 2008, Stanley was elected to the Michigan House of Representatives from the 34th District.
Personal life and death
Stanley died at Hurley Medical Center in Flint on February 15, 2022, at the age of 71.
Electoral history
* Mayoral Elections Results
* State Representative Election Results
|
WIKI
|
From 33f6eb3b68efcc86d7d023e0e541459c7dd1c1e7 Mon Sep 17 00:00:00 2001 From: Remi Collet Date: Fri, 4 Sep 2015 13:58:41 +0200 Subject: PHP 7.0.0RC2 --- php.ini | 81 +++++++++++++++++------------------------------------------------ 1 file changed, 21 insertions(+), 60 deletions(-) (limited to 'php.ini') diff --git a/php.ini b/php.ini index b0aebc2..569e807 100644 --- a/php.ini +++ b/php.ini @@ -939,6 +939,10 @@ cli_server.color = On ; http://php.net/pcre.recursion-limit ;pcre.recursion_limit=100000 +;Enables or disables JIT compilation of patterns. This requires the PCRE +;library to be compiled with JIT support. +;pcre.jit=1 + [Pdo] ; Whether to pool ODBC connections. Can be one of "strict", "relaxed" or "off" ; http://php.net/pdo-odbc.connection-pooling @@ -1062,64 +1066,6 @@ ibase.dateformat = "%Y-%m-%d" ; Default time format. ibase.timeformat = "%H:%M:%S" -[MySQL] -; Allow accessing, from PHP's perspective, local files with LOAD DATA statements -; http://php.net/mysql.allow_local_infile -mysql.allow_local_infile = On - -; Allow or prevent persistent links. -; http://php.net/mysql.allow-persistent -mysql.allow_persistent = On - -; If mysqlnd is used: Number of cache slots for the internal result set cache -; http://php.net/mysql.cache_size -mysql.cache_size = 2000 - -; Maximum number of persistent links. -1 means no limit. -; http://php.net/mysql.max-persistent -mysql.max_persistent = -1 - -; Maximum number of links (persistent + non-persistent). -1 means no limit. -; http://php.net/mysql.max-links -mysql.max_links = -1 - -; Default port number for mysql_connect(). If unset, mysql_connect() will use -; the $MYSQL_TCP_PORT or the mysql-tcp entry in /etc/services or the -; compile-time value defined MYSQL_PORT (in that order). Win32 will only look -; at MYSQL_PORT. -; http://php.net/mysql.default-port -mysql.default_port = - -; Default socket name for local MySQL connects. If empty, uses the built-in -; MySQL defaults. -; http://php.net/mysql.default-socket -mysql.default_socket = - -; Default host for mysql_connect() (doesn't apply in safe mode). -; http://php.net/mysql.default-host -mysql.default_host = - -; Default user for mysql_connect() (doesn't apply in safe mode). -; http://php.net/mysql.default-user -mysql.default_user = - -; Default password for mysql_connect() (doesn't apply in safe mode). -; Note that this is generally a *bad* idea to store passwords in this file. -; *Any* user with PHP access can run 'echo get_cfg_var("mysql.default_password") -; and reveal this password! And of course, any users with read access to this -; file will be able to reveal the password as well. -; http://php.net/mysql.default-password -mysql.default_password = - -; Maximum time (in seconds) for connect timeout. -1 means no limit -; http://php.net/mysql.connect-timeout -mysql.connect_timeout = 60 - -; Trace mode. When trace_mode is active (=On), warnings for table/index scans and -; SQL-Errors will be displayed. -; http://php.net/mysql.trace-mode -mysql.trace_mode = Off - [MySQLi] ; Maximum number of persistent links. -1 means no limit. @@ -1476,11 +1422,26 @@ url_rewriter.tags = "a=href,area=href,frame=src,input=src,form=fakeentry" ;session.upload_progress.min_freq = "1" [Assertion] +; Switch whether to compile assertions at all (to have no overhead at run-time) +; -1: Do not compile at all +; 0: Jump over assertion at run-time +; 1: Execute assertions +; Changing from or to a negative value is only possible in php.ini! (For turning assertions on and off at run-time, see assert.active, when zend.assertions = 1) +; Default Value: 1 +; Development Value: 1 +; Production Value: -1 +; http://php.net/zend.assertions +zend.assertions = -1 + ; Assert(expr); active by default. ; http://php.net/assert.active ;assert.active = On -; Issue a PHP warning for each failed assertion. +; Throw an AssertationException on failed assertions +; http://php.net/assert.exception +;assert.exception = On + +; Issue a PHP warning for each failed assertion. (Overridden by assert.exception if active) ; http://php.net/assert.warning ;assert.warning = On @@ -1499,7 +1460,7 @@ url_rewriter.tags = "a=href,area=href,frame=src,input=src,form=fakeentry" [mbstring] ; language for internal character representation. -; This affects mb_send_mail() and mbstrig.detect_order. +; This affects mb_send_mail() and mbstring.detect_order. ; http://php.net/mbstring.language ;mbstring.language = Japanese -- cgit v1.1
|
ESSENTIALAI-STEM
|
App seems to randomly quit when it's in the background after a while?
CrossFireXT17
Member
Joined
Mar 29, 2010
Messages
60
Reaction score
0
Hey everyone,
I use the program "glympse" to share my location when I'm traveling long distances with my family. I just run the app, set the interval for how long I want to share it, and then put my phone to sleep (While it's plugged into my car charger).
It seems though that recently (maybe with either the Sapphire ROM, or Froyo in general) that the app seems to quit randomly. Like I will wake up my phone and see the GPS is still sharing (as I see the GPS icon) in the notification bar. But then after a while, when I awaken my phone, the icon won't be there and the app will have closed.
I don't have any kind of task killer installed besides Advance Task Killer, and I already checked to make sure that the autokill feature was turned off.
Anyone have any ideas what could be causing this issue?
heleos
Member
Joined
Jul 9, 2010
Messages
91
Reaction score
0
Have you tried not running advance task killer for a day and see if the problem still occurs?
Tanknspank
Beta Team
Premium Member
Joined
Jan 13, 2010
Messages
3,500
Reaction score
0
Location
North Carolina
Froyo's memory management seems to be a little more strict than Eclair was for the Droid. My only question that could possibly resolve this is:
Does the app by chance have a settings where you can set it to appear in your notification bar?
This alone can make all the difference. If not, then you can TRY downloading minfree manager and making the task killer a little less aggressive. This could cause more problems than fixing it just one though, so be careful with even trying this. I hardly ever recommend a task killer or memory manager of any kind, but if this app is important to you, then if properly set up this could work just fine too.
Still, check the settings to see if you can put it in the notification bar. If not, try contacting the developer about adding this feature in. Could help out a lot.
Hope I helped! :D
OP
C
CrossFireXT17
Member
Joined
Mar 29, 2010
Messages
60
Reaction score
0
It unfortunately does not... It kind of looks like Google Maaps, but with a dot that moves around a map... Do you think it would be bad if I leave the app open with the screen on for 4 hours at a time?
jimnutt
Member
Joined
Dec 28, 2009
Messages
299
Reaction score
0
Location
Morrisville, NY
It unfortunately does not... It kind of looks like Google Maaps, but with a dot that moves around a map... Do you think it would be bad if I leave the app open with the screen on for 4 hours at a time?
No, shouldn't be a problem. But it will most likely eat your battery alive. It sounds like the app isn't telling Android that it needs to work in the background, so Android just assumes it can safely kill it when it needs more memory. It something the app developer is going to have to fix, I'd send them a complaint. At the minimum it should be setting a timer or something that says, "Hey, wake me up every 10 (or whatever) minutes so I can get a location fix and pass it on." There are two basic kinds of tasks in Android, services that run in the background and foreground apps that are paused when in the background and may be killed. It sounds like glimpse should have a service but doesn't. Services aren't always running, they usually are waiting for notifications and are only activated when those notifications fire.
tameone
Member
Joined
Apr 12, 2010
Messages
260
Reaction score
0
Definitely sounds like an app problem. The app isn't telling the OS it wants to be persistent, so the OS kills it to free up memory.
ibebyi
Member
Joined
Jul 26, 2010
Messages
46
Reaction score
0
Location
San Diego
I hate to post semi off topic but I think task killers are useful when used properly/responsibly.
For instance I dont want Crush the Castle running after I exit the game. Nor do I want AIM running when I've signed off from it. So I kill it. I have a huge ignore/white list, but some poorly written apps tend to latch onto the RAM long after they've served their purpose.
EDIT: @wingdo, I typically have advanced task killer kill itself so it doesnt show up in the running apps list nor the running process list.
Top
|
ESSENTIALAI-STEM
|
Peritoneal Cancer Clinical Trials 2023
Peritoneal Cancer Clinical Trials 2023
Peritoneal Cancer research studies recruiting patients in 2023 need your help. Receive premium care & cutting edge treatments by enrolling in peritoneal cancer clinical trials today.
Trials for Ovarian Cancer Patients
Trials for SOC Patients
Trials for BRCA1 Positive Patients
Trials for BRCA2 Positive Patients
Phase 3 Trials
Trials With No Placebo
Frequently Asked Questions
Do I need insurance to participate in a trial?
Almost all clinical trials will cover the cost of the 'trial drug' — so no insurance is required for this. For trials where this trial drug is given alongside an already-approved medication, there may be a cost (which your insurance would normally cover).
Is there any support for travel costs?
Many of the teams running clinical trials will cover the cost of transportation to-and-from their care center.
Will I know what medication I am taking?
This depends on the specific study. If you're worried about receiving a placebo, you can actively filter out these trials using our search.
How long do clinical trials last?
Some trials will only require a single visit, while others will continue until your disease returns. It's fairly common for a trial to last somewhere between 1 and 6 months.
Do you verify all the trials on your website?
All of the trials listed on Power have been formally registered with the US Food and Drug Administration. Beyond this, some trials on Power have been formally 'verified' if the team behind the trial has completed an additional level of verification with our team.
How quickly will I hear back from a clinical trial?
Sadly, this response time can take anywhere from 6 hours to 2 weeks. We're working hard to speed up how quickly you hear back — in general, verified trials respond to patients within a few days.
Introduction to peritoneal cancer
What are the top hospitals conducting peritoneal cancer research?
When it comes to cutting-edge clinical trials in the field of peritoneal cancer, several hospitals across the United States are leading the way. In Houston, M D Anderson Cancer Center has emerged as a frontrunner with an impressive 12 active peritoneal cancer trials and a total of 24 trials conducted thus far. This esteemed institution began its pioneering journey in this domain in 2005. Meanwhile, nestled in Aurora, Colorado, the University of Colorado Hospital is making significant strides with ten ongoing peritoneal cancer trials and eight completed studies since initiating their first trial also in 2005.
Roswell Park Cancer Institute located in Buffalo is another notable player with nine active clinical trials focused on peritoneal cancer; they have previously conducted seventeen investigations dating back to their very first trial recorded all the way back in 1992. UC San Diego Moores Cancer Center situated in La Jolla maintains a strong commitment to combatting this disease as well, currently undertaking seven active peritoneal cancer trials while having achieved seven previous ones since recording their inaugural trial alongside others from hospitals during that same year -2005.
Last but not least, Cedars Sinai Medical Center situated within Los Angeles demonstrates dedication by contributing valuable insights through their involvement in seven ongoing peritoneal cancer trials and four accomplished studies so far. It's noteworthy how although Cedars Sinai Medical Centre appears smaller-scale when compared to other renowned institutions mentioned earlier; its contributions should not be underestimated given that they have been able to make substantial progress despite conducting fewer overall studies from starting out during same crucial timeline-2005.
These top medical centers symbolize hope for those affected by peritoneal cancers by actively exploring new frontiers through clinical research programs worldwide teaming up together illuminating paths towards better understanding combating such ailments assuring brighter future countless patients globally who suffer these conditions.
Which are the best cities for peritoneal cancer clinical trials?
When it comes to peritoneal cancer clinical trials, several cities stand out as hubs of research and innovation. Denver, Colorado leads the way with 29 active trials focused on areas such as Quality-of-Life Assessment, Paclitaxel, and Pharmacological Study. Sacramento, California closely follows with 29 ongoing studies exploring treatments like Paclitaxel and Bevacizumab. Chicago, Illinois is another key city in this field with 28 active trials investigating Paclitaxel, Pharmacological Study, and Quality-of-Life Assessment. Anchorage in Alaska also shows promise with 27 active trials examining Letrozole, Bevacizumab, and Quality-of-Life Assessment. Los Angeles rounds up the list with 26 ongoing trials studying Paclitaxel and exploring aspects of Quality-of-Life Assessment among other approaches. These cities provide individuals fighting peritoneal cancer access to cutting-edge clinical trials that hold potential for improved outcomes and better quality of life.
Which are the top treatments for peritoneal cancer being explored in clinical trials?
Clinical trials for peritoneal cancer have identified several top treatments that show promise in fighting this challenging disease. Paclitaxel, a drug first listed in 2002, is leading the pack with nine active trials and an impressive track record of 40 all-time peritoneal cancer trials. Additionally, pharmacological studies are being conducted in four ongoing trials to explore new avenues of treatment. Quality-of-life assessments also play a crucial role, with four active trials dedicated to understanding the impact of various interventions on patients' well-being. Lastly, olaparib stands out as a potential game-changer, currently being tested in three active clinical trials for peritoneal cancer since its introduction in 2016. As researchers delve deeper into these innovative approaches, hope shines brighter for individuals battling this complex form of cancer.
What are the most recent clinical trials for peritoneal cancer?
Exciting developments in clinical trials offer hope for individuals diagnosed with peritoneal cancer. The mEPIC trial, a Phase 2 study, presents an opportunity to explore innovative approaches in the treatment of this disease. Additionally, the IP FT538 + Enoblituzumab trial investigates the potential benefits of combining different therapies for peritoneal cancer patients. Another promising avenue is examined through the Pembrolizumab and Vismodegib trials, both in Phase 2, which aim to assess the effectiveness of these drugs against peritoneal cancer. Finally, a combination therapy involving Chemotherapy + BEV + IMNN-001 shows promise as it progresses through Phases 1 and 2 of its clinical trial journey. These recent studies mark significant strides towards improving outcomes and enhancing treatment options for those affected by peritoneal cancer.
What peritoneal cancer clinical trials were recently completed?
Several noteworthy clinical trials investigating treatments for peritoneal cancer have achieved significant milestones, bringing hope to patients battling this challenging disease. One recent completion in November 2021 was the trial sponsored by OncoNano Medicine, Inc., which explored the potential of pegsitacianine therapy. Furthermore, a study led by Dan Blazer III, M.D., concluded in May 2019 and focused on Talimogene Laherparepvec's effectiveness against peritoneal cancer. Other notable completed trials include Atezolizumab (March 2017) sponsored by Hoffmann-La Roche, Rucaparib (March 2017) sponsored by Clovis Oncology, Inc., Hyperthermic Intraperitoneal Chemotherapy (September 2016) conducted at M.D. Anderson Cancer Center and Oxaliplatin (July 2016) spearheaded by the University of Massachusetts Worcester. These advancements highlight ongoing efforts to improve outcomes for individuals affected by peritoneal cancer.
|
ESSENTIALAI-STEM
|
United States Code/Title 29/Chapter 7
Title 29 — Labor — Labor-Management Relations
SUBCHAPTER I—GENERAL PROVISIONS
SUBCHAPTER II—NATIONAL LABOR RELATIONS
SUBCHAPTER III—CONCILIATION OF LABOR DISPUTES; NATIONAL EMERGENCIES
SUBCHAPTER IV—LIABILITIES OF AND RESTRICTIONS ON LABOR AND MANAGEMENT
|
WIKI
|
Ludwig van Beethoven occupies a larger-than-life place in our imaginations, all the more so because late in his life he accomplished the seemingly impossible: He continued to compose beautiful and enduring music even as he went deaf.
This achievement is often seen as an example of super-heroic determination, a triumph of the human spirit that tests the boundaries of our species’ ingenuity. But Beethoven the man was not the Beethoven of our imaginations. His story, for all its wonder, is no myth; it offers unfussy but lasting lessons about music, hearing, and disability.
To begin with, accounts of Beethoven’s triumph are often overdone. He did not completely lose his hearing until the last decade of his life, if even then. For most of his adulthood he experienced progressive hearing loss, as many of us do as we age. When he wrote the Fifth Symphony, his most recognizable work, he could hear well enough to correct mistakes in the performance.
And Beethoven wasn’t a “supercrip,” the term for a person who responds to a disability in ways that inspire others but also set unreasonable expectations. He never claimed to be overcoming his hearing loss. Indeed, he accepted it and adapted to it, and this left recognizable marks on his music.
Where can those marks be found? The most obvious answers to that question are probably wrong, or at least misleading. Beethoven wrote a lot of loud music, but for someone with hearing loss, loud music is not necessarily better. Indeed, loud music can be painful to failing ears. Listening to a quiet piano sonata in an environment without distractions would likely be more pleasant than hearing a dramatic symphony.
Instead, look for his use of repeating phrases. Repetition is particularly important to someone who is unable to absorb everything on first hearing. Beethoven’s music abounds in repetition, especially repetition of short, highly recognizable units. Musicians call them motives. Beethoven established motives as the building blocks of his longer pieces, a process imitated by many later composers.
This is why the four-note motive at the beginning of the Fifth Symphony is repeated throughout the work. When he wrote this music, Beethoven needed to augment his perception of aural cues, much as a person with progressive hearing loss might augment their understanding of speech by beginning to read lips even if they’re not conscious they’re doing so.
Another sign can be found in his pianos, which changed over Beethoven’s lifetime. The early Viennese pianos he played as a young man had a clear, bell-like sound that was evidently easy for him to hear even as his hearing faded. As he grew older, he became more, not less, attached to his pianos, but what he needed from them was different.
The English Broadwood piano he owned during the last decade of his life was both louder and muddier sounding than the ones with which he grew up—again, the exact opposite of what someone with hearing loss would seem to require.
But Beethoven fell in love with the Broadwood for another reason entirely. It was vibrationally alive. The soundboard, which amplifies the vibrations produced by the strings, was connected directly to the body of the instrument, conveying those vibrations back to the keys and even to the floor beneath the instrument. Thus, though he was increasingly deaf, Beethoven began to feel sound in an entirely new way.
Late in his life, Beethoven commissioned the creation of a specially designed resonator that would be placed over his piano to magnify both sound and vibration. Recently researchers recreated the resonator; the results can be heard on a new recording of his last three sonatas made by fortepianist Tom Beghin. The preparations for Beghin’s recording made it clear just how important touch had become in Beethoven’s experience of music in his last years. The piano music he wrote at this time incorporated powerful repeated chords, new ways of resolving harmonies, and carefully synchronized passages in which the two hands combine to set the frame of the instrument vibrating from top to bottom.
Beethoven also used his eyes to create music. It has been said that both Mozart and Beethoven would compose an entire piece of music in their heads before writing it down. Scholars have known for decades that neither composer ever claimed to have done anything of the sort, but the story persists—perhaps because it provides an idea that is easy to grasp. If this story were true, it would demystify how Beethoven composed in his late years after his ears had failed him.
But Beethoven’s creative process was actually less daunting than the myth would have us believe. When you look at virtually any Beethoven manuscript or sketch, you can see that he was creating music on paper, frequently crossing out and replacing things that didn’t look right, or getting carried away with rhythmic, repetitive writing patterns that mirror the emphatic rhythms of much of his music. He heard what he saw and felt as his pen crossed the paper again and again in arcs and arabesques of musical creativity.
His final string quartets—actual products of his deafness—have a reputation for a kind of profundity that few nonmusicians could describe in words. There is no easy triumph or memorable musical tidbit to be found in them, but they contain a novel sonic universe that seems all the more remarkable when we know that they were written by a man who could not hear. Beethoven created these new textures and sonorities because he was being led by his eyes as much as by his memories of sound. Rather than detracting from his creative process, his deafness added dimensions to these late works that would not have been there otherwise.
Today, Beethoven says less to us about genius and more about how to come to terms with a disability. His experience resonates in an era where forms of human difference have been given unprecedented respect, and words like neurodiversity have entered our vocabulary. Neurodiversity—the idea that all humans occupy a spectrum that includes conditions once considered to be tragic illnesses—has helped bring autism, bipolarity, and depression out of the shadows. In this context it is easier to understand Beethoven’s hearing problems as a normal part of human experience.
Music is a multifaceted medium that inspires people to move, to feel, to watch, to think, and to share experiences with others. If composition were a magical superpower, the music of the great composers would not speak to the rest of us. The story Beethoven tells us is not one of triumphing over adversity, but one of acceptance of what cannot be changed, and of creative adaptation employing the tools at hand. It’s time we welcomed Beethoven on his own terms.
|
FINEWEB-EDU
|
What impact did the United States have on WWI?
The impact of the United States joining the war was significant. The additional firepower, resources, and soldiers of the U.S. helped to tip the balance of the war in favor of the Allies. When war broke out in 1914, the United States had a policy of neutrality.
How did WW1 affect the US culture?
WWI had a profound influence on its contemporary culture, as the conflict and its soldiers were represented in the popular culture of the day. During World War I, many Americans relied on popular culture to make sense of global affairs. Music. World War I was a transition point for two popular forms of music.
How did the US mobilize a strong military during WWI?
The United States mobilized a strong military during World War I because of the Selective Service Act, random men would be called to the front to fight in the war. About 2 million were registered and ¾ of them went to fight. To sell the war to the nation, the government raised taxes.
Why was WW1 so important?
World War I was one of the great watersheds of 20th-century geopolitical history. It led to the fall of four great imperial dynasties (in Germany, Russia, Austria-Hungary, and Turkey), resulted in the Bolshevik Revolution in Russia, and, in its destabilization of European society, laid the groundwork for World War II.
What happens if Germany won ww1?
One thing that could be said if Germany won in the end. The country would have imposed peace on the defeated allies at the treaty of Potsdam, and it would not have had the reparations and grievances that were generally inflicted by France and Versailles. As a consequence, the rise of Hitler would have been less likely.
Who started ww1?
The immediate cause of World War I that made the aforementioned items come into play (alliances, imperialism, militarism, nationalism) was the assassination of Archduke Franz Ferdinand of Austria-Hungary. In June 1914, a Serbian-nationalist terrorist group called the Black Hand sent groups to assassinate the Archduke.
Is anyone from ww1 alive?
The last living veteran of World War I was Florence Green, a British citizen who served in the Allied armed forces, and who died 4 February 2012, aged 110. The last combat veteran was Claude Choules who served in the British Royal Navy (and later the Royal Australian Navy) and died 5 May 2011, aged 110.
|
FINEWEB-EDU
|
UK lawmakers set to approve sweeping powers in emergency coronavirus legislation
LONDON, March 23 (Reuters) - Britain’s lower house of parliament is expected on Monday to approve emergency legislation giving authorities sweeping powers to tackle the growing coronavirus outbreak, including detaining people and putting them in isolation to protect public health. The Coronavirus Bill, which the government hopes will pass all its stages in one day in the House of Commons on Monday, will still have to be approved by the upper house, the House of Lords, before it can become law. Britain has so far had more than 5,600 confirmed cases of coronavirus and more than 300 deaths. “Of course there are measures that are significant departures from the way we normally do things, but they are strictly temporary and I think they are proportionate to the threat we face,” health minister Matt Hancock told parliament at the start of a debate on the legislation. “While I hope that some of these powers will never have to be used, we will not hesitate to act if that is what the situation requires.” The legislation also includes measures such as allowing recently retired National Health Service staff to return to work and will enable the government to restrict or prohibit events and gatherings in any place. Lawmakers debating the legislation sat spaced out in the House of Commons chamber, in accordance with guidance on social distancing. “As a result, attendance will be more limited than usual but that does not curtail the commitment of honourable members to fulfil their parliamentary duties,” speaker Lindsay Hoyle said before the debate began. He also said that if any formal votes took place from Monday onwards, changes would be made to avoid the usual process which can see hundreds of lawmakers crammed into a narrow room together as they are counted through over a period of around 15 minutes. Hoyle said instead voting would be staggered, meaning the whole process could take as long as 40 minutes. (Reporting by Kylie MacLellan; editing by Stephen Addison)
|
NEWS-MULTISOURCE
|
Page:Dissertation on the first day of the week, and the last of the world; or, A beautiful descant on the Day of Judgment (sic).pdf/8
reigns through all the manions of eternal blis. O! the joy, the ineffable pleaure it mut be to a departed oul, to be ever in the preence of the ever-bleed and immaculate. Lamb of God, to whom the aints and angels tune their golden lyres to reound his praie in eternal hallelujahs through all the golden concaves of heaven. There its the upreme Deity enthron'd in flaming glory, at whoe efulgent preence, the plendid rays of ten thouand uns would dwindle into nothing. There reigns an eternal pring; there is no night there, and a verdure unfading, crowns the celetial plains. There the flowers forever bloom, and diffue immortal fragrance through all the bowers of everlating blis. There grows the tree of life, whoe grateful fruit pregnant with nectarean juice, makes thoe who eat to hunger no more. There is the pure water of life, as it were running along ands of gold and falling o'er rocks of transparent chrytal, forming the mot beautiful cacades, of which if any one drink he hall thrift no more. This is the heaven for the wearied oul, the place of delights and the kingdom of felicity prepared for the pirits of the jut made perfect. To this habitation may all the ends of the earth eek. Let the wicked forake his way, and the unrighteous man his thought, and I will have mercy on him, and welcome him to thee regions of unclouded joy, ayeth the great God of heaven and earth. Watch ye therefore and pray, for ye know neither the day nor the hour in which the on of man cometh. Now to the acred pring of all mercy, the ever-bleed and adorable Trinity, be all honour and glory, thankgiving and praie, from henceforth and for ever. Amen.
|
WIKI
|
Excel Formula Explained : Correlation Matrix
I was asked two days ago how to compute a correlation matrix using an excel formula.
Q. What is Correlation matrix ?
It is simply defined as the measure of the relationship between two or more variables. Coefficients have a range of -1 to 1; -1 is the perfect negative correlation while +1 is the perfect positive correlation. It is also called multiple correlation coefficient. The post below explains how to calculate multiple correlation coefficient in Excel.
Excel Formula :
=CORREL(OFFSET(firstvariable_range,,ROWS($1:1)-1),OFFSET(firstvariable_range,,COLUMNS($A:A)-1))
For example, you have a 5 X 5 matrix and data for variables are entered in cells B3:F50 so paste this formula in cell J4
=CORREL(OFFSET($B$3:$B$50,,ROWS($1:1)-1),OFFSET($B$3:$B$50,,COLUMNS($A:A)-1))
In this case, firstvariable_range is B3:B50.
Download the workbook used in this example so you can copy and practice the formula.
How it works :
Let's take data for 5 variables and try to figure out the correlation between them.
1. CORREL Function
Usage : It returns the correlation coefficient between two variables.
Syntax : = CORREL ( first variable_range, second variable_range )
For variable 1 and variable 2, the syntax would be =CORREL(B3:B50, C3:C50)
2. OFFSET Function
Usage : It returns a reference to a range that is a given number of rows and columns from a given reference
Syntax : = OFFSET (reference range, number of rows up or down, number of columns to the left or right)
For example, = OFFSET($B$3:$B$50,,1) means one column to the right of B3:C50 i.e. C3:C50
3. ROWS / COLUMNS Function
Usage : It returns the number of rows or columns in a range.
Syntax : = ROWS ( range )
For example, = ROWS ($1:2) returns 2.OR = COLUMNS ($A:B) returns 2
4. Dynamic CORREL Function
For variable 2 and variable 3,
=CORREL(OFFSET($B$3:$B$50,,ROWS($1:2)-1),OFFSET($B$3:$B$50,,COLUMNS($A:C)-1))
i. ROWS($1:2) returns 2. Hence, ROWS($1:2)-1 returns 1
ii. OFFSET($B$3:$B$50,,ROWS($1:2)-1) returns reference of range C3:C50 i.e. data set for variable 2
iii. COLUMNS($A:C) returns 3. Hence, COLUMNS($A:C)-1 returns 2
iv. OFFSET($B$3:$B$50,,COLUMNS($A:C)-1) returns reference of variable 3
How to use it:
Paste the formula below to N rows x N columns. In 5 X 5 matrix , paste down to 5 rows and right to 5 columns.
=CORREL(OFFSET($B$3:$B$50,,ROWS($1:1)-1),OFFSET($B$3:$B$50,,COLUMNS($A:A)-1))
You can download the working workbook by clicking on the link below -
Download the workbook
Spread the Word!
Share
Related Posts
About Author:
Deepanshu founded ListenData with a simple objective - Make analytics easy to understand and follow. He has over 10 years of experience in data science. During his tenure, he has worked with global clients in various domains like Banking, Insurance, Private Equity, Telecom and Human Resource.
6 Responses to "Excel Formula Explained : Correlation Matrix"
1. Awesome, this saved me tons of time! Thank you for the step-by-step instructions.
ReplyDelete
2. Thanks a lot!!
ReplyDelete
3. THANK YOU VERY MUCH HELPED A LOT
ReplyDelete
4. Thank you very helpful
ReplyDelete
5. That's fantastic !!! Thank you so much !!!!
ReplyDelete
6. could you please write us the mathematical equation used to calculate the cross correlation coefficient.
ReplyDelete
Next → ← Prev
|
ESSENTIALAI-STEM
|
States with no income tax map: Florida, Texas, 7 other states
Tax day 2020, when tax returns are due for income earned in 2019, is April 15.Most Americans file a state income tax return and a federal income tax return.If you live in one of nine states with no income tax, you may not need to file a state return.Read more personal finance coverage.Tax day 2020 is Wednesday, April 15.If you owe at least $5 in federal income taxes, you have to file a federal tax return. Some people, however, are off the hook when it comes to filing a state tax return.That's because seven US states don't impose state income tax — Alaska, Florida, Nevada, South Dakota, Texas, Washington, and Wyoming.New Hampshire and Tennessee don't tax earned income either, but they do tax investment income — in the form of interest and dividends — at 5% and 2%, respectively. If you live in either state and received income from your investments, you may need to file a state return.The other 41 states have either a flat income tax — meaning everyone, regardless of how much they earn, pays the same percentage of their income to the government — or a progressive income tax, which means your tax rate is determined by your income.
But living in a state with no income tax doesn't necessarily mean you're getting off scot-free. Texas and New Hampshire, for instance, may not tax your earnings, but they do have some of the highest property tax rates in the country, which could ding you if you're a property owner.Likewise, Tennessee doesn't tax your paycheck, but it will get you in the checkout line. The state has one of the highest sales tax rates in the country at 7%.Still, everyone is subject to federal income taxes regardless of where you live. How much you pay depends on how much you earn, also known as your tax bracket. In 2018, about 76 million Americans didn't owe federal income tax because their earnings were too low.After you file your taxes, you may get a state tax refund or a federal tax refund — or both if you live in a state that taxes income. The IRS says the fastest way to get your tax refund is the method already used by most taxpayers: filing electronically and selecting direct deposit as the method for receiving your refund.More tax day coverage:When are taxes due?How to file taxes for 2019What is a tax credit?H&R Block vs. TurboTax
Personal Finance Insider offers tools and calculators to help you make smart decisions with your money. We do not give investment advice or encourage you to buy or sell stocks or other financial products. What you decide to do with your money is up to you. If you take action based on one of the recommendations listed in the calculator, we get a small share of the revenue from our commerce partners.
|
NEWS-MULTISOURCE
|
U.S. judge throws out Madoff $3 billion feeder fund lawsuit
NEW YORK (Reuters) - A U.S. judge has again thrown out a $3 billion lawsuit by investors in two “feeder funds” that sent money to Bernard Madoff, one of the largest lawsuits tied to his Ponzi scheme, after her original dismissal had been overturned. In a 145-page decision released on Thursday, U.S. District Judge Deborah Batts in Manhattan said the investors lacked standing to pursue all 28 claims against Tremont Group Holdings Inc and other managers, consultants, administrators and auditors for Kingate Global Fund Ltd and Kingate Euro Fund Ltd. Applying the laws of Bermuda and the British Virgin Islands, Batts said the investors’ claims overlapped those belonging to the funds themselves, and that letting them go forward could result in a “double recovery” from the defendants. “Plaintiffs have not alleged sufficient wrongdoing on the part of the defendants that would incapacitate the funds from bringing their claims, as is required,” Batts wrote. The decision is dated Wednesday. It was issued 17 months after the federal appeals court in Manhattan revived the case, saying a 1998 federal law meant to thwart abusive securities litigation did not preclude the lawsuit. Investors accused the Kingate funds of investing $1.73 billion with Bernard L. Madoff Investment Securities LLC from 1994 to 2008. They said the value of these investments had grown to more than $3 billion, based on account statements from Madoff now known to be bogus, by the time the con man’s Ponzi scheme was uncovered in December 2008. In her decision, Batts said 10 of the 28 claims were precluded under the 1998 law, and there was not enough evidence supporting eight claims. She said the final 10 claims, including gross negligence, did not exist under Bermuda and British Virgin Islands law. Batts previously dismissed the case in March 2011. Seth Schwartz of law firm Skadden, Arps, Slate, Meagher & Flom representing Tremont said the decision “finally lays to rest the numerous claims” brought by the investors. David Barrett, a Boies, Schiller & Flexner lawyer representing the investors, said his clients are reviewing their next steps. “We are gratified that the court ruled in our favor on some issues,” he said. Litigation by Madoff feeder fund investors is separate from litigation by Irving Picard, a court-appointed trustee who has recouped $11.22 billion for investors with Madoff himself. Madoff, 78, is serving a 150-year prison term. The case is In re: Kingate Management Ltd Litigation, U.S. District Court, Southern District of New York, No. 09-05386. Reporting by Jonathan Stempel in New York; Editing by Cynthia Osterman
|
NEWS-MULTISOURCE
|
Green deserts: How solar energy can help produce water
© Maria Charizani | Pexels
There are forward-looking ideas for countries suffering from persistent water shortages. Various initiatives are addressing the problem of water scarcity in very different ways and are successfully seeking innovative solutions. Cosmotaics, for example, is developing solar parks for desert areas that simultaneously produce water via condensation.
More than a third of the earth’s surface is dryland. The annual precipitation here is less than the potential evaporation. This means that rivers dry up before they reach the sea. Climate change is likely to exacerbate water scarcity in the future, as natural resources become increasingly scarce. In addition to (potable) water, there is often a lack of electricity for pumps and agricultural equipment. However, water and power lines can hardly be laid in the sometimes very remote regions. In the case of electricity generation, a decentralized solution is now easily possible thanks to photovoltaic systems. For water production, unconventional methods could be the solution. It is precisely these arid regions that the Cosmotaics team has its sights set on. Students Igor Luketina, Juan Carrion and Marcin Las from Vienna are completely rethinking photovoltaic systems for arid regions. What if there was a way to produce water on the spot and make this area green again? Their answer: solar parks become water farms!
How the sun can help harvest water in the desert
Cosmotaics wants to set up special solar parks in desert areas. The plants designed by the Vienna-based company extract moisture from the ambient air, which condenses on the specially shaped and coated construction elements. This is achieved with the help of special plates called “cosmotaics. With simple solar collectors, it would not only be possible to generate electricity, but also to collect water. Water is stored on the opposite side of the solar modules – passively, without energy consumption. The larger the panel surface, the more efficient the system. The collected water is used to irrigate the soil and roots, and in addition, water can be provided for communities living in the surrounding area and for agricultural purposes. Another positive effect is that the solar panels can be cleaned of desert dust with the water, which increases their efficiency. The underlying idea has so far only been used in mountainous regions, where so-called fog nets on mountain ridges collect water from the passing air. The idea is new for large-scale systems in flat strips of desert where conditions are ideal for generating solar power. The potential is immense: if the cultivation of agricultural products succeeds, this will enable and secure a livelihood for the local people and make it easier to live (or survive) in extreme arid regions.
“Cosmotaics is dedicated to producing clean energy and protecting our environment. Our solar parks generate renewable energy by harnessing the power of the sun. In doing so, we aim to help reduce CO2 emissions and decrease dependence on fossil fuels.” – Founder of Cosmotaics, Igor Luketina
The idea for the project came to Luketina on the coast of Ecuador when he lived there for two years and water scarcity was a constant companion. With their holistic approach, the team was able to win the Social Impact Award (SIA) Austria (SIA) Austria in 2022. The goal is to restore drought-stricken areas worldwide due to rising temperatures. In addition to energy efficiency, Cosmotaics’ solar farms would also contribute to a cooler environment. It remains to mention that plants in the desert could sequester huge amounts of CO2. A prototype is currently being built in Austria and perhaps green deserts, the dream of many generations, will then eventually come true.
Forward-looking ideas for countries suffering from constant water shortages
There are some projects and start-ups that specialize in water harvesting in extremely dry areas:
Munich Re Foundation – Extracting drinking water from fog
Fog nets provide access to sufficient drinking water supplies even in dry and hard-to-reach regions. The principle of “fog harvesting” is simple, but extremely effective in regions with high levels of fog: wind pushes the moist air through the nets of the installed collectors. The fog condenses, and small drops of water flow from the netting into collection troughs that are directly connected to cisterns and the water supply system. The condensed mist is of drinking water quality, improving the quality of life of vulnerable people.
© Munich Re Foundation
The video shows the positive effects of the world’s largest fog collector system built in Morocco. In recent years, fog harvesting has become an increasingly important technology for obtaining drinking water in arid areas.
University of California, Berkeley – Wikipedia
University of California in Berkeley – Water vapor from dry air
Examples from flora and fauna show the way: They extract water from their ambient air. Animals and plants adapted to desert climates benefit from the fact that the air still contains moisture even in these dry environments – as water vapor or mist. Scientists have developed a process to extract liquid water from desert air. The system absorbs water vapor even at low humidity levels and allows the water to condense. What’s special about it is that this method works without an additional power supply – the drive comes solely from the changing solar radiation of day and night.
König-Abdullah-Universität für Wissenschaft und Technologie – Wikipedia
King Abdullah University of Science and Technology (KAUST) – Solar cells with hydrogel generate electricity and water in the desert
In Saudi Arabia, a system consisting of two components is being developed, connected by a hydrogel. The polymer backbone of the hydrogel consists of the salt calcium chloride and the organic compound polyacrylamide. In combination, these materials can bind large amounts of water. Moreover, the hydrogel attracts water even at low humidity levels. During cool desert nights, the hydrogel binds water from the air. During the day, the hydrogel releases water due to the heat of the sun and the panels of the solar system.
ETH Zürich (@ETH) / Twitter
ETH Zurich – Drinking water from the air
The system at ETH Zurich demonstrates that water can be extracted cleanly from the atmosphere without the need for an additional energy source. To do this, water is collected in a shiny silver, cone-shaped funnel. This is done by means of a multi-coated glass pane with a diameter of less than ten centimeters, on which moist air condenses. The good thing is that the system is inexpensive and low-tech. However, it takes up a lot of space and only works at a humidity of more than 65 percent, and the amount of water recovered per system is also rather manageable.
Why is it important for drylands like deserts to become viable again?
Drylands are an important part of our global ecosystem and have both ecological and socio-economic importance.
• Biodiversity: Drylands are home to many rare and endangered species that can only survive in these areas. When drylands are viable, these species can survive and their ecosystems can recover.
• Climate change: Drylands are particularly vulnerable to climate change because they are already affected by water and precipitation shortages. By restoring drylands, we can help combat climate change and reduce the impact on local communities.
• Water resources: Drylands are often the source of important water resources that are vital to local agriculture and drinking water supplies for the population. When drylands are viable, they can stabilize and ensure these water resources.
• Socioeconomic: Drylands are often home to poor and marginalized populations that depend on agriculture and natural resource use. Policies for stable and viable drylands can improve the quality of life for these populations and increase their resilience to environmental change.
• Ecological balance: Drylands have an important role in ecological balance and also influence climate and water supply in neighboring areas. Therefore, it is important to restore the functioning of deserts to maintain ecological balance.
There are several ways to revegetate deserts.
• Reforestation: planting trees and shrubs in desert areas to prevent soil erosion and improve the soil.
• Rainwater harvesting: collecting rainwater to use later for watering plants.
• Sand dune stabilization: Using techniques to stabilize sand dunes with mulch, rocks, and plants to prevent severe sand drift.
• Revitalizing oases: The revitalization of natural oases through the use of water, plants, and animals.
• Biomass energy: the use of plants grown in desert areas to produce biomass energy.
• Agroforestry: The use of trees and shrubs in combination with agricultural crops to improve soil and provide water and shade.
Cosmotaics
We support Cosmotaics in February 2023 with the proceeds from GOOD. You can find out more about this on our project page:
Fragen, Kritik, Anregungen? Schreibt uns!
Andreas Renner, Co-Founder GOOD: andreas@good-search.org
|
ESSENTIALAI-STEM
|
Samir Ganguly
Samir Ganguly is an Indian film director. He also directed many episodes of the television serial Paying Guest].
Assistant director
* Tumsa Nahin Dekha (1957)
* Junglee (1961)
* April Fool (1964)
TV serials
* Paying Guest - Some episodes Rajshri Productions
|
WIKI
|
During Learning Centre lessons last week all students learned about the amazing and inspiring resourcefulness that went into saving the lives of the three Apollo 13 astronauts; Commander Jim Lovell, Fred Haise and Jack Swiggert. They, along with the command team in Houston overcame multiple difficulties to bring the three men home safely.
Year 7 followed this up with a workshop on Resourcefulness. In pairs the students were given a limited amount of resources and asked to make something that could move in 25 minutes. The students came up with an array of designs including a parachute, various projectile launchers, a train, roller coasters and much more. It was great to see how engaged the students were on the various projects. After the “build” the students took their finished projects to the hall to demonstrate and discuss how they got on. Some of the students were sad that their design was not successful, but we discussed how as much can be learned from a failed experiment as from a successful one and what could have been learned from the experience. This was excellent practice for those students taking part in the Science Fair and I look forward to seeing many more of the Y7 projects.
Head of Year 7
|
FINEWEB-EDU
|
This investigation into Trump's campaign is way out of control | TheHill
On Friday morning, Michael Flynn, President TrumpDonald John TrumpTrump pushes back on recent polling data, says internal numbers are 'strongest we've had so far' Illinois state lawmaker apologizes for photos depicting mock assassination of Trump Scaramucci assembling team of former Cabinet members to speak out against Trump MORE’s former national security adviser, pleaded guilty to one count of lying to the FBI. ABC News correspondent Brian Ross reported that Flynn was prepared to testify that candidate Donald Trump instructed “him to contact Russian officials during the campaign.” The media went into a frenzy, social media exploded and the stock market dropped 350 points as it appeared everything the president had said about his campaign not colluding with the Russians could be untrue. Those of us who had been involved in the campaign were shocked. Fortunately for the country, it was the ABC report that was untrue. Several hours later, ABC issued a “clarification” and later a “correction” stating that it was actually “president-elect Trump” who directed Flynn to make contact “during the transition” as a “way to work together to fight ISIS.” For having promoted this quintessential example of fake news, ABC suspended Ross for four weeks without pay. In May, Rod Rosenstein, at the time acting attorney general, issued an order appointing Robert Mueller as special counsel “to ensure a full and thorough investigation of the Russian government’s efforts to interfere in the 2016 presidential election.” It authorizes Mueller to investigate “any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump” and any matters that may arise directly from the investigation. In October, Mueller indicted former Trump campaign chairman Paul Manafort and his associate, Richard Gates, for allegedly funneling money from a pro-Russia party in Ukraine to offshore bank accounts and shell companies but failing to declare the money to the IRS. Manafort’s lobbying activities for this group ended in 2014, predating his connections to Trump. The 2016 charges related to Manafort allegedly making false statement to the Justice Department. None of this conduct involved the 2016 election campaign. Mueller also released a guilty plea by George Papadopoulos, a low-level campaign adviser, for lying to the FBI in early this year about his interaction with a professor who had Russian connections, including a woman with ties to the government. While the plea suggests the possibility that Russians were attempting to supply the Trump campaign with opposition research on Hillary ClintonHillary Diane Rodham ClintonTop Sanders adviser: Warren isn't competing for 'same pool of voters' Anti-Trump vets join Steyer group in pressing Democrats to impeach Trump Republicans plot comeback in New Jersey MORE, it offers no evidence that they ever did. On Friday, Mueller released Flynn’s guilty plea. President Trump had fired Flynn as national security adviser after 24 days in the role for misleading Vice President Mike PenceMichael (Mike) Richard PenceThe Hill's Morning Report - Trump on defense over economic jitters FEC chair calls on Trump to provide evidence of NH voter fraud Five years after Yazidi genocide, US warns ISIS is rebounding MORE about certain post-election contacts he had with the Russian ambassador beginning in December 2016. Flynn is now admitting that he lied about the same contacts to the FBI. After discussions with a "senior official" on President Trump’s transition team, Flynn telephoned the Russian ambassador and discussed Russia moderating its response to U.S. sanctions for interfering in the presidential election. In separate discussions, Flynn also contacted the Russian ambassador to persuade Russia to vote against a United Nations Security Council resolution on the issue of Israeli settlements. In January, Obama State Department spokesman Mark Toner stated that the department had “no problem” with Trump’s transition team contacting Russian or any other foreign officials. None of these discussions occurred before the election or involved information on candidate Clinton. Not one. As President Trump has maintained all along, after months of allegations and investigations by both the FBI and the special counsel, there is still no evidence that the Trump campaign colluded with the Russian government to influence the election. On the other hand, the law firm representing the Democratic National Committee and the Clinton campaign retained and paid a firm called Fusion GPS, which prepared opposition research on candidate Trump. Fusion GPS had a hired former British spy, Christopher Steele, with ties to Russia to conduct the research. The result was a controversial and now discredited dossier containing salacious allegations about Trump and his purported connections to Russia. Steele’s dossier makes clear that his sources were almost exclusively Russian. He identified his sources as “a senior Russian Foreign Ministry figure,” a “senior Russian financial official,” a former “top level Russian intelligence officer still active inside the Kremlin,” a “senior Kremlin official” and a “senior Russian government official.” This effort by the Democrats, Fusion GPS and the Russians to defeat candidate Trump certainly paints a more damaging picture of election interference than President-elect Trump’s transition team attempting to contact foreign officials after the election. Imagine the uproar if evidence had arisen indicating that the Trump campaign or the Republican National Committee had paid Fusion GPS prior to the election to produce a dossier on candidate Clinton based on Steele’s Russian sources. While those on the left are obviously excited about Flynn’s guilty plea, it might be worth keeping in mind that they are throwing stones from a very delicate glass house. Andy Puzder is a policy adviser to America First Policies. He was chief executive officer of CKE Restaurants for more than 16 years, following a career as an attorney. He was nominated by President Trump to serve as U.S. Labor secretary. Follow him on Twitter @AndyPuzder. View the discussion thread. The Hill 1625 K Street, NW Suite 900 Washington DC 20006 | 202-628-8500 tel | 202-628-8503 fax The contents of this site are ©2019 Capitol Hill Publishing Corp., a subsidiary of News Communications, Inc.
|
NEWS-MULTISOURCE
|
Non-industrial emissions key for meeting Kyoto targets in Europe
European UnionThe European Environment Agency (EEA) released a report which shows that the European Union is on track to meet their Kyoto Protocol commitments to limit and reduce emissions responsible for the greenhouse effect on our earth.
The five member states France, Germany, Greece, Sweden and the United Kingdom have already reached the target. All other member states, except Austria, which has to strengthen its efforts, expect to reach the target, too.
EEA Executive Director Professor Jacqueline McGlade said: "It is encouraging that Europe's climate-changing emissions are expected to continue decreasing, outperforming the objectives set by the Kyoto Protocol. Such an accomplishment should encourage all countries to agree on much larger reductions of global emissions, sealing a global deal in Copenhagen this December. Commitments to deep emission cuts are urgently needed to preserve our chances to keep planetary temperature increases below 2ºC."
|
NEWS-MULTISOURCE
|
Bismarck Larks
The Bismarck Larks are a collegiate summer baseball team that plays in the Northwoods League. Based in Bismarck, North Dakota, the Larks play their home games at Bismarck Municipal Ballpark.
History
On August 28, 2015, it was announced that the Northwoods League had agreed to terms for a team to begin play in Bismarck for 2017. Said team officially began promotions on June 6, 2016, with the launch of the name-the-team contest, with Larks, Bullies and Flickertails being announced as the three finalists on July 29.
The Bismarck Larks name, logo and colors were officially unveiled on October 13. In 2020, they are playing against two temporary teams (Bismarck Bull-Moose and Mandan Flickertails) in Bismarck with players from Thunder Bay Thunder Cats and other locations.
Year-by-Year Records
* Denotes Best 1st Half Record in North Division
* 1) Denotes ND Pod Champions
|
WIKI
|
skip to navigation
skip to content
fileconfig 0.3.1
Config file sections as objects
Latest Version: 0.5.2
Fileconfig turns config file sections into instances of your class. Create a class referring to an INI file collecting the arguments for the different instances to be created. Calling the class with the section name as parameter will return the instance with the parameters specified in the given section.
Installation
$ pip install fileconfig
Usage
Create as subclass of fileconfig.Config and set its filename attribute to the path of your INI file.
If the filename is relative, it is resolved relative to the path of the module where your class is defined (i.e. not relative to the current working directory if its file not happens do be there).
>>> import fileconfig
>>> class Cfg(fileconfig.Config):
... filename = 'docs/pet-shop.ini'
... def __init__(self, key, **kwargs):
... self.key = key
... self.__dict__.update(kwargs)
... def __str__(self):
... items = (' %r: %r' % (k, v) for k, v in sorted(self.__dict__.iteritems()))
... return '{\n%s\n}' % ',\n'.join(items)
On instance creation, the __init__ method will be called with the section name (key) and the keyword parameterss from the given section of the specified file.
Suppose your INI file begins like this:
[parrot]
species = Norwegian blue
can_talk = yes
quantity = 0
characteristics = beatiful plumage, pining for the fjords
To retrieve this instance, call the class with its section name.
>>> c = Cfg('parrot')
>>> print c
{
'can_talk': 'yes',
'characteristics': 'beatiful plumage, pining for the fjords',
'key': 'parrot',
'quantity': '0',
'species': 'Norwegian blue'
}
Singleton
Only one instance will be created, cached and returned for each config file section (a.k.a. the singleton pattern):
>>> Cfg('parrot') is c
True
The constructor is also idempotent:
>>> Cfg(c) is c
True
The default __repr__ of instances allows roundtrips:
>>> c
__main__.Cfg('parrot')
Aliasing
You can specify a space-delimited list of aliases for each section:
[slug]
aliases = snail special_offer
species = slug
can_talk = no
quantity = 1
For changig the delimiter, see below.
Aliases map to the same instance:
>>> s = Cfg('special_offer')
>>> s
__main__.Cfg('slug')
>>> s is Cfg('snail') is Cfg('slug')
True
Inspect instance names (key + aliases):
>>> s.key
'slug'
>>> s.aliases
['snail', 'special_offer']
>>> s.names
['slug', 'snail', 'special_offer']
Inheritance
Config file sections can inherit from another section:
[Polly]
inherits = parrot
can_talk = no
characteristics = dead, totally stiff, ceased to exist
Specified keys override inherited ones:
>>> print Cfg('Polly')
{
'can_talk': 'no',
'characteristics': 'dead, totally stiff, ceased to exist',
'inherits': 'parrot',
'key': 'Polly',
'quantity': '0',
'species': 'Norwegian blue'
}
Sections can inherit from a single section. Multiple or transitive inheritance is not supported.
Introspection
Use the class to iterate over the instances from all section:
>>> list(Cfg)
[__main__.Cfg('parrot'), __main__.Cfg('slug'), __main__.Cfg('Polly')]
Print the string representation of all instances:
>>> Cfg.pprint_all() # doctest: +ELLIPSIS
{
'can_talk': 'yes',
'characteristics': 'beatiful plumage, pining for the fjords',
'key': 'parrot',
...
Hints
Apart from the key, aliases, and inherits parameters, your __init__ method receives the unprocessed strings from the config file parser.
Use the __init__ method to process the other parameters to fit your needs.
>>> class Pet(Cfg):
... def __init__(self, can_talk, quantity, characteristics=None, **kwargs):
... self.can_talk = {'yes':True, 'no': False}[can_talk]
... self.quantity = int(quantity)
... if characteristics is not None and characteristics.split():
... self.characteristics = [c.strip() for c in characteristics.split(',')]
... super(Pet, self).__init__(**kwargs)
>>> print Pet('Polly')
{
'can_talk': False,
'characteristics': ['dead', 'totally stiff', 'ceased to exist'],
'inherits': 'parrot',
'key': 'Polly',
'quantity': 0,
'species': 'Norwegian blue'
}
This way, the __init__ method also defines parameters as required or optional, set their defaults, etc.
Overlay
Sometimes one wants to combine multiple config files, e.g. have a default file included in the package directory, overridden by a user-supplied file in a different location.
To support this, subclass fileconfig.Stacked and set the filename to the location of the default config.
>>> class Settings(fileconfig.Stacked):
... filename = 'docs/pet-shop.ini'
... __str__ = Cfg.__str__.__func__
Use the add method to load an overriding config file on top of that:
>>> Settings.add('docs/lumberjack.ini')
If the filename is relative, it is resolved relative to the path of the module where the add method has been called.
You can access the sections from all files:
>>> print Settings('Bevis')
{
'can_talk': 'yes',
'characteristics': "sleeps all night, works all day, puts on women's clothing",
'key': 'Bevis',
'species': 'human'
}
As long as they have different names:
>>> print Settings('Polly')
{
'can_talk': 'no',
'characteristics': 'dead, totally stiff, ceased to exist',
'inherits': 'parrot',
'key': 'Polly',
'quantity': '0',
'species': 'Norwegian blue'
}
Config files added to the top of the stack mask sections with the same names from previous files:
>>> print Settings('parrot')
{
'characteristics': 'unsolved problem',
'key': 'parrot'
}
Customization
To use a different delimiter for aliases override the _split_aliases method on your class. Make it a staticmethod or classmethod that takes a string argument and returns the splitted list.
By default, fileconfig will use ConfigParser.SafeConfigParser from the standard library to parse the config file. To use a different parser, override the _parser attribute in your fileconfig.Config subclass.
Fileconfig raises an error, if the config file is not found. If you want this error to pass silently instead, set the _pass_notfound atribute on your subclass to True.
License
Fileconfig is distributed under the MIT license.
File Type Py Version Uploaded on Size
fileconfig-0.3.1.zip (md5) Source 2014-01-17 15KB
|
ESSENTIALAI-STEM
|
User:Nixonetinferno
NIXONET INFERNO
NIXONET INFERNO IS A YOUTUBER WHO HAS STARTED HIS YOUTUBE CHANNEL AT NOVEMEBER 2016. HE(NIXONET INFERNO) HAS INSPIRED BY HIS BOTH COUSINS WHO ALSO STARTED AS YOUTUBERS. SINCE THEN, HE NEVER STOP TRYING IN MAKING HIS OWN VIDEO FROM GAMING VIDEOS TO HIS PERSONALLY OWN VIDEOS. EVER SINCE HE HAS A YOUTUBE CHANNEL, HE ALSO CREATED ANOTHER INSTAGRAM ACCOUNT WHICH NAMED AFTER HIS YOUTUBE CHANNEL IN ADDITION, HE HAS ALSO CREATED HIS VERY OWN WEBSITE.
HOWEVER, HE WAS NOT ONLY INSPIRED BY HIS TWO COUSINS, HE WAS ALSO INSPIRED BY RENOWNED YOUTUBERS FROM AROUND THE WORLD. HE ALWAYS NEVER STOP GOING ON DOING VIDEOS AS HE LOVES DOING IT. HE DOESNT REALLY CARES WHO LIKE OR DISLIKE HIS VIDEOS, AS LONG AS HE IS SATISFIED WITH HIS WORK, HE WILL DEFINITELY WANT TO SHARE TO THE WORLD.
HE ALWAYS NEVER GIVE UP IN THIS INDUSTRY EVEN THOUGH HE HAS ONLY A HANDFUL OF SUBSCRIBERS. HE WAS ALSO GLAD THAT SOME OF HIS VERY CLOSE FRIENDS GIVE HIM SUPPORTS TO HIS YOUTUBE CHANNEL. THIS GIVES HIM A ENCOURAGEMENT TO CONTINUE HIS JOURNEY IN CREATING HIS OWN VIDEOS.
LIKE HE ALWAYS SAYS, "EVEN IF THE WHOLE WORLD GIVES UP ON YOU, YOU MUST NEVER GIVE UP ON YOUR OWN BECAUSE IF YOU DO, YOU ARE THE ONE WHO WILL NEVER BE SUCCESSFUL IN YOUR LIFE".
|
WIKI
|
Page:Siam and Laos, as seen by our American missionaries (1884).pdf/485
As it is now toward the close of the dry season, we frequently meet men and women fording the river, who in passing near our boat give the salutation of Pi n'i tua?—i. e. "Going where? coming from where?" It is a customary greeting, and carries no impertinence in it. We have answered this question from prince and peasant many a time during our journey, and it is rather a suggestive one, as in our reply we add why we come.
And here, walking about in the river, are the fishermen, busy by night and by day in their eager pursuits. At any hour of the night when we awaken we see their torchlights flashing hither and thither up and down the river.
So onward we go, seeing strange new sights and customs, passing village after village, exchanging greetings with the people; then through long miles of loneliness, where we are hedged in by trees and thickets of perennial green; yet with prow ever to the north (Cheung Mai the lodestone) we are steadily and surely nearing our goal.
And now, as we round this bend, the plain of Cheung Mai and the grand old mountains in the north-west come into full view. (The walled city, a mile distant to the westward, is not in the line of vision.)
As we move slowly up the river we see on the left bank an old temple overshadowed by
|
WIKI
|
Category:Republicanism in British Overseas Territories
This category concerns republicans and republicanism in British Overseas Territories. The inhabited territories include Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Falklands Islands, Gibraltar, Montserrat, Pitcairn Islands, Saint Helena, Ascension and Tristan da Cunha, Turks and Caicos Islands.
|
WIKI
|
In re Michael D. HORLACHER and Irma D. Horlacher, Debtors. Eglin Federal Credit Union, Creditor/Plaintiff, v. Michael D. Horlacher and Irma D. Horlacher, Debtors/Defendants.
Bankruptcy No. 04-31126.
Adversary No. 06-03033.
United States Bankruptcy Court, N.D. Florida, Pensacola Division.
March 7, 2008.
J. Paul Fitzgerald, Milton, FL, for Michael and Irma Horlacher.
Louis L. Long, Jr., Shalimar, FL, for Eglin Federal Credit Union.
ORDER GRANTING RECONSIDERATION OF THE NONDISCHARGE-ABILITY ORDER AND GRANTING DISCHARGE OF CLAIM NO. 17 PURSUANT TO § 726(a)(2)(C)
MARGARET A. MAHONEY, Bankruptcy Judge.
This matter came before the Court on Defendants’ Motion for Reconsideration. The Court has jurisdiction to hear this matter pursuant to 28 U.S.C. §§ 157 and 1334 and the Order of Reference of the District Court. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(I), and the Court has authority to enter a final order. For the reasons indicated below, the Court will reconsider its January 17, 2008 order in light of the interplay between § 523(a)(3)(A) and § 726(a)(2)(C) and discharges Debtors’ claim number 17.
Facts
The Debtors filed a voluntary chapter 7 bankruptcy petition on May 4, 2004. They did not list Eglin Federal Credit Union (“Credit Union”) as a creditor on their filed petition or schedules. The Debtors received a discharge on August 10, 2004. The bar date for creditors to file proofs of claim was September 14, 2004. The Credit Union did not receive the court issued notice regarding the proof of claim deadline because it was not listed on Debtors’ schedule as a creditor. The Credit Union states that it did not receive notice of Debtors’ bankruptcy case until June of 2005.
The Credit Union filed an adversary complaint on December 6, 2006 alleging its claim is nondischargeable pursuant to 11 U.S.C. § 523(a)(3)(A). The Debtors answered the complaint on January 8, 2007; they acknowledged that the Credit Union did not have formal notice of the bankruptcy proceedings but asserted that it did have notice or actual knowledge to be within the exception of § 523(a)(3)(A). On February 28, 2007, the Debtors amended their schedules to list the Credit Union as a creditor, and on March 5, 2007, Debtors filed claim number 17 in the amount of $18,279.95 on behalf of Eglin Federal Credit Union pursuant to § 501(c).
The Credit Union denied the allegation of any actual knowledge of the bankruptcy proceeding and on August 23, 2007 moved for summary judgment in its adversary case. The motion for summary judgment was denied on November 13, 2007 but narrowed the triable issue to whether or not the Credit Union had actual knowledge.
A trial was held on December 14, 2007, to determine if the Credit Union had actual knowledge or notice of the Debtors’ bankruptcy. At trial, the Debtors testified that the Credit Union was to be listed as a creditor on their petition and was inadvertently omitted. The Court determined from the evidence presented, the Debtors did not carry their burden of proving that the Credit Union had actual knowledge of the bankruptcy. Based on the evidence before it, the Court issued an order on January 17, 2008 declaring the debt owed to the Credit Union was nondischargeable.
On January 25, 2008, Debtors/Defendants filed a motion asking the Court to reconsider its ruling. The Debtors’ motion contained two main theories on why the Court should reconsider its ruling of non-dischargeability: (1) that the Credit Union had sufficient information to be charged with actual knowledge under the prudent person standard, and (2) that if the Credit Union had no knowledge of the bankruptcy proceeding, then § 726(a)(2)(C) authorized the creditor to file a “tardy” claim that is effectually “timely” under § 523(a)(3)(A), so the debt is dischargeable. The Credit Union responded on February 13, 2008 asserting two reasons that the Court should not entertain Debtors’ motion. The Credit Union contends (1) that the grounds for reconsideration under Rule 59(e) are not met, and (2) that § 726 can not be interpreted to disregard the plain meaning of § 523.
The Debtors’ case is still pending. It is unclear whether or not there will be any assets to distribute. There remain two outstanding tort suits for automobile accidents that may bring money into the estate. If the suits do not settle or prevail at trial, the Debtors’ case will most likely be declared a no asset case. To date, there has been no distribution of any estate proceeds to any creditors.
A hearing on Debtors’ Motion to Reconsider was held on February 15, 2008.
Law and Analysis
The Debtors bear the burden of proving that reconsideration of the nondis-chargeability order is appropriate. Matter of Homestead Partners, Ltd., 201 B.R. 1014, 1018 n. 4 (Bankr.N.D.Ga.1996). A motion for reconsideration may be brought pursuant to Fed.R.Civ.P. 59(e) or 60(b). Federal Rules 59(e) and 60(b) are incorporated into the Bankruptcy Rules and, with exceptions that do not apply in this case, they are identical to Bankruptcy Rules 9023(e) and 9024(b). Therefore, nonbank-ruptcy cases that interpret the rules are applicable. Sussman v. Salem, Saxon & Nielsen, P.A., 153 F.R.D. 689 (M.D.Fla.1994). “If the motion is served within ten days of the rendition of judgment, the motion falls under Rule 59(e); if it is served after that time, it falls under Rule 60(b).” Id. at 694. Debtors filed their motion for reconsideration within ten days of the January 17, 2008 judgment; therefore, the Court will consider the motion under Rule 59(e).
I. Standard for Reconsideration
A motion for reconsideration “is an extraordinary remedy” that is to be used by the courts “sparingly.” Mathis v. United States of America (In re Mathis), 312 B.R. 912, 914 (Bankr.S.D.Fla.2004) (quoting Sussman, 153 F.R.D. at 694). A motion to alter or amend a judgment may be brought pursuant to the Federal Rule of Civil Procedure 59(e). Fed. R. Bankr.P. 9023. “Rule 59(e) does not set forth any grounds for relief and the district court has considerable discretion in reconsidering an issue;” Sussman, 153 F.R.D. at 694 (citing to American Home Assur. Co. v. Glenn Estess & Associates, Inc., 763 F.2d 1237, 1238-39 (11th Cir.1985)). The grounds for granting reconsideration of an order are limited to (1) an intervening change in the law, (2) consideration of newly discovered evidence, and/or (3) correcting clear error or preventing manifest injustice. In re Mathis, supra.
The Debtors move for reconsideration based on their assertion that the debt of the Credit Union should be discharged given the facts of the case under the “prudent person” standard and section 726(a)(2)(C). It is clear from the case law that Debtors cannot move for reconsideration based on this new argument that was available at the time of the trial, but was not advanced. In re Kellogg, 197 F.3d 1116, 1120 (11th Cir.1999). The Debtors are not presenting newly discovered evidence to the Court in support of their motion. Mays v. United States Postal Serv., 122 F.3d 43, 46 (11th Cir.1998). Therefore, the only possibility of Debtors’ succeeding on their motion for reconsideration is for the Court to find an error in law or manifest injustice in its January 17, 2008 nondischargeability order.
The Court declines to reconsider based on Debtors first contention, that the Court erred in ruling that the Credit Union had actual knowledge based on the prudent person standard. This legal theory and standard was considered by the Court in its January 17, 2008 order. There has been no change in law or newly discovered evidence since that order was issued that would change the Court’s analysis. Furthermore, the Court finds no clear error as to the law or facts on this issue or any manifest injustice.
As to Debtors second contention, that the nondischargeability order was entered prematurely due to the opportunity the Credit Union has under 28 U.S.C. § 726 to still file a claim and take part in any distribution, the Court will grant reconsideration. This is a new argument presented by Debtors. In fact, it is an argument that could have and should have been brought by the Debtors at the time they responded to the Credit Union’s motion for summary judgment or at trial. Section 726 is not new law, nor was new evidence discovered that now makes section 726 applicable to the case where it would not have been before. However, if Debtors are correct in their analysis of the interplay of section 523 and section 726, then the Court has made an error in law and there would be injustice if the nondis-chargeability order was not reconsidered. For this reason, the Court will reconsider its January 17, 2008 order in light of section 726.
II. Interplay of § 523(a)(3)(A) and § 726(a)(2)(C)
A.
The starting place for this review will be the Bankruptcy Code’s nondischargeability statute, § 523. The pertinent part of § 523 states:
(a) A discharge under § 727 ... does not discharge an individual debtor from any debt—
(3) neither listed nor scheduled under section 521(1) of this title, with the name, if known to the debtor, of the creditor to whom such debt is owed, in time to permit—
(A)if such debt is not of kind specified in paragraph (2), (4), or (6) of this subsection, timely filing of a proof of claim, unless such creditor had notice or actual knowledge of the case in time for such timely filing.
28 U.S.C. § 523(a)(3)(A). This statute and the law surrounding it was the focus of the Court, based on the presentation of the parties and their motions, when it made its January 17, 2008 ruling. The court did not previously consider section 726 which states:
(a) Except as provided in section 510 of this title, property of the estate shall be distributed—
(2) second, in payment of any allowed unsecured claim ... proof of which is-—
(A) timely filed under section 501(a) of this title;
(B) timely filed under section 501(b) or 501(c) of this title; or
(C) tardily filed under section 501(a) of this title, if—
(i) the creditor that holds such claim did not have notice or actual knowledge of the case in time for timely filing of a proof of such claim under section 501(a) of this title; and
(ii) proof of such claim is filed in time to permit payment of such claim
28 U.S.C. § 726(a)(2)(C). Section 523(a)(3)(A) does not allow the discharge of any debt where a “timely” claim was not made, if the creditor owed did not have notice or actual knowledge of the debtor’s bankruptcy. A “timely” claim is one that is filed within 90 days of the first meeting of the creditors. Fed. R. Bankr.P. 3002(c). Generally, a “tardily” filed claim is not allowed to participate in distribution of the estate proceeds. However, 28 U.S.C. § 502(b)(9) makes an exception “to the extent [a claim is] tardily filed as permitted under paragraph (1), (2), or (3) of section 726(a) of this title.... ” The purpose of distinguishing between a timely or tardily filed claim is to set a linear time line for the case so that there is a specific point at which the trustee knows which creditors will participate in distribution of the estate and how the assets will be distributed. The time line assures finality of a bankruptcy case.
In chapter 11 and chapter 13 cases, this filing deadline is necessary to establish a time line in order to get a plan confirmed, get creditors paid, and get a case closed. However, the cut off date for a creditor to file a claim is not as imperative in a chapter 7 case where there are no assets or before any distribution is made. In a chapter 7 liquidation, the amount of assets, if any, is the same no matter how many creditors are involved; the assets are distributed pro rata among the unsecureds. Section 726(a)(2)(C) acknowledges this difference between a chapter 7 case and a chapter 11 or 13. It allows a chapter 7 creditor to participate in distribution if the creditor had no knowledge of the bar date and files a claim after the set 90 day deadline but before distribution of the estate. In a chapter 7 case, as long as there has been no distribution of assets, there is no harm or prejudice to the creditor in allowing a claim that is filed after the typical bar date for filing.
B.
The interplay of § 523(a)(3)(A) and § 726(a)(2)(C) has caused confusion in the courts and a split in the case law. The inconsistent decisions can be traced back to § 523(a)(3)(A)’s predecessor, § 17a(3) of the Bankruptcy Act. Section 17a(3) stated that a debt could not be discharged if it was not scheduled in time for it to be proved and allowed in the bankruptcy proceedings, unless the creditor had knowledge of the bankruptcy filing. The Supreme Court reviewed the application of this statute in Birkett v. Columbia Bank, 195 U.S. 345, 25 S.Ct. 38, 49 L.Ed. 231 (1904). Birkett failed to list a creditor in his schedules, and the creditor learned of the pending bankruptcy after the debtor’s discharge. Birkett argued that § 17a(3) should not apply because his failure to list the creditor was inadvertent and the creditor still had time to act and protect its interest. The Supreme Court held that mistake or inadvertence was irrelevant to the application of § 17a(3). The Court found that the creditor did not have actual knowledge of the pending case — stating that actual knowledge “is a knowledge in time to avail a creditor of the benefits of the law,- — in time to give him an equal opportunity with other creditors ...” Birkett, 195 U.S. at 351, 25 S.Ct. 38. The Court found the unscheduled debt nondis-chargeable under § 17a(3).
Under this law, two lines of cases emerged-a strict interpretation of § 17a(3) and a liberal one. In Milando, the court followed Birkett interpreting § 17a(3) strictly and holding that a debtor could not reopen his no asset case to amend his schedules to add an inadvertently omitted creditor. Milando v. Perrone, 157 F.2d 1002 (2nd Cir.1946). The Milando court reasoned that the language of the statute was clear and could not be altered. The fact that the creditor would not have received any dividends even if it had filed before the bar date was of no consequence to the court. Id. at 1003-04.
On the other side of the spectrum was Robinson v. Mann, 339 F.2d 547 (5th Cir.1964). Robinson illustrates the liberal interpretation of § 17a(3). Robinson held that bankruptcy courts had the discretion to allow a debtor to amend his schedules after the expiration of the bar date under “exceptional circumstances” due to the equitable power that bankruptcy courts had. The Robinson court suggested such factors for consideration as (1) the reasons for the omission, (2) the degree of disruption that would result if the amendment were allowed, and (3) the prejudice to creditors.
C.
The language of § 17a(3) was changed by Congress when the Bankruptcy Reform Act of 1978 was enacted. Section 17a(3), which stated that a debt could not be discharged if it was not scheduled in time for it to be proved and allowed in the bankruptcy proceedings, was changed to the current § 523(a)(3)(A) and now prohibits the discharge of a debt that is “neither listed nor scheduled ... in time to permit ... timely filing of a proof of claim, unless [the] creditor had notice or actual knowledge of the case in time for ... timely filing.” § 523(a)(3)(A). The exact distinction between the language of these two statutes is not easily diseernable by the language alone. However, the alteration must be of some significance or Congress would have saved itself the effort and continued to use the same wording of § 17a(3). Samuel v. Baitcher (Matter of Baitcher), 781 F.2d 1529, 1533 (11th Cir.1986).
The legislative history would be beneficial in determining Congress’ intent in enacting § 523(a)(3)(A). The legislative purpose could help the Court in analyzing the statute and coming to the correct interpretation of the statute. However, courts cannot look to legislative history of a statute unless the words of the statute are unclear. Wachovia Bank, N.A. v. United States, 455 F.3d 1261, 1268 (11th Cir.2006). At first glance, the phrasing of § 523(a)(3)(A) does not appear to be ambiguous. However, its usage of the term “timely” could be referring to the specific 90 day bar date period, or in a chapter 7 case it could be referring to the available time a creditor has to make a claim to participate in distribution (especially when the case is a no asset case, Fed. R. Bankr.P. 3002(c)(5)). Since the term could mean either of two things, it is ambiguous. Therefore, the Court should look to other provisions of the Code to find the interpretation that is consistent with the rest of the law. Id. (citing Koons Buick Pontiac GMC, Inc. v. Nigh, 543 U.S. 50, 60, 125 S.Ct. 460, 160 L.Ed.2d 389 (2004)). Given the questionable meaning of the term “timely” in § 523(a)(3)(A), the Court will look to the legislative history of the enactment of § 523(a)(3)(A) in attempt to find Congress’ intent in creating the statute and will look to the context of other Code provisions to ensure the interpretation of § 523(a)(3)(A) is “as harmonious as possible.” Id. (citing Towne v. Eisner, 245 U.S. 418, 425, 38 S.Ct. 158, 62 L.Ed. 372 (1918)).
III. Legislative History of § 523(a)(3)(A)
According to the House and Senate reports, Congress’ purpose for revising § 17a(3) “was to validate the liberal, Robinson-type approach and to overrule Birk-ett, which strictly construed section 17a(3).” Stone v. Caplan (Matter of Stone), 10 F.3d 285, 290 (5th Cir.1994). The Senate Report states that § 523(a)(3)(A) is
derived from section 17a(3), follows current law, but clarifies some uncertainties generated by the case law construing 17a(3). The debt is excepted from discharge if it was not scheduled in time to permit timely action by the creditor to protect his rights, unless the creditor had notice or actual knowledge of the case.
S.Rep. No. 95-989, at 78-9 (1978), reprinted in 1979 U.S.C.C.A.N. 5787, 5864; H.R.Rep. No. 95-595, at 364 (1977), reprinted in 1979 U.S.C.C.A.N. 5963, 6320. The House Report is more specific in its intent in its statement that § 523(a)(3)(A) is “intended to overrule Birkett v. Columbia Bank, 195 U.S. 345, 25 S.Ct. 38, 49 L.Ed. 231 (1904).” H.R.Rep. No. 95-595 (1977), reprinted in 1979 U.S.C.C.A.N. 5963, 6453. It should also be noted that Congress never overruled Robinson. See Laczko v. Gentran, Inc. (In re Laczko), 37 B.R. 676, 679 (9th Cir. BAP 1984).
IV. Law After Enactment of § 523(a)(3)(A)
Following the enactment of § 523(a)(3)(A), the courts continued to be split and follow the reasoning of either the liberal Robinson decision or the strict Mi-lando decision (even though Milando had interpreted § 17a(3) as Birkett did, and Congress intended to overrule Birkett with its enactment of § 523(a)(3)(A)).
Courts interpreting § 523(a)(3)(A) strictly read the statute to be unambiguous and do not go beyond its plain meaning. Often for these courts, it is the setting of the bar date that triggers the application of § 523. For instance, in Laczko, the debtors filed a chapter 7 case and inadvertently omitted a creditor from their schedules. The creditor had no notice or knowledge of the bankruptcy case until after the expiration of the date to file proofs of claim. After the debtors received their discharge and the bar date for filing claims had passed, the debtors amended their schedules to include the creditor and sought to have the debt discharged. The debtors argued that although a bar date had been set, the case ended up being a no asset case; therefore, there was no harm or prejudice to the creditor by allowing a late amendment and subsequent discharge. The court, however, aligned itself with Milando and concluded that the debt was not dischargeable because “[t]he courts have no power to disregard [the] clear language” of § 523(a)(3)(A). Laczko v. Gentran, Inc. (In re Laczko), 37 B.R. 676, 679 (9th Cir. BAP 1984).
Under the same facts as Laczko, the Bosse court stated that it was
unpersuaded that it should go beyond the unambiguous language of section 523(a)(3)(A), and former section 17(a)(3) and adopt the approach of Robinson v. Mann. Section 523(a)(3)(A), as written, may indeed produce harsh consequences which courts have struggled to avoid. This may be especially true in light of the policy in favor of a fresh start for the debtor. However, bankruptcy courts, as courts of equity, must follow express statutory authority to the same extent as courts of law. To that end, this court is powerless to ignore the plain language of § 523(a)(3)(A) in order to reach a result more in line with equitable ideas.
Spilka v. Bosse (In re Bosse), 122 B.R. 410, 415-16 (Bankr.C.D.Cal.1990) (internal citations omitted). Bosse concluded that § 726(a)(2)(C) did not read out § 523(a)(3)(A). Instead, it held that § 726(a)(2)(C) allowed a nondischargeable claim under § 523(a)(3)(A) to participate in any distribution that may occur in attempt to off set any uncollectible nondischarged debt. Id. at 416.
In Reese, the debtor in a closed chapter 7 case moved to reopen her case to amend her schedules to list an inadvertently omitted creditor three years after the time to file complaints had passed. Reese v. NCNB Nat’l Bank of Florida, 133 B.R. 245 (Bankr.M.D.Fla.1991). No bar date had been set in the case and, in fact, creditors had been advised not to file proofs of claim until and unless assets were discovered. The bankruptcy court allowed the debtor to reopen and amend, and motions for summary judgment were brought by the debtor and the creditor to determine the dischargeability of the debt. The debtor argued since no bar date had ever been set, there was no deadline established for filing a claim, and the creditor could still file a claim. The creditor argued that because it was not scheduled, it was unable to participate in the case and, therefore, the debt should be nondis-chargeable. The court disagreed with debtor’s assertion that there was no prejudice to the creditor and concluded that the creditor is entitled to the option of being able to file a claim (even if the filing would be “clearly illusory” in a no asset case) and participate in the bankruptcy proceeding. Id. at 247. After determining that the creditor was omitted from the schedules originally and that the creditor had no knowledge of the case, the court held that the creditor was entitled to summary judgment and excepted the debt from discharge. Id. at 247-48.
Other courts have continued to interpret § 523(a)(3)(A) liberally. For the courts that have followed the Robinson line of cases, they have typically held not only that a case may be reopened and amended to include an omitted creditor, but also that such claims are dischargeable. Bosse, 122 B.R. at 415. These courts have also discharged the omitted debts that are filed after the claims bar date has expired, but before a case is closed.
In an open case, where the bar date had passed and no distributions had been made to creditors, the debtor who had inadvertently omitted a creditor (who had no knowledge of the bankruptcy) from his schedules filed a late claim on behalf of the creditor, and the court held that the debt would be discharged (except for the attorney’s fees and costs incurred by the creditor in pursuing its state court actions before it knew of the debtor’s bankruptcy). Homestate Ins. Brokers of Alaska, Inc. v. Brosman (In re Brosman), 119 B.R. 212 (Bankr.D.Alaska 1990). Brosman cited Laczko but declined to follow its strict interpretation because of Laczko’s failure to reconcile the nondischargeability of an untimely claim under § 523(a)(3)(A) with the allowance of a tardily filed claim under § 726(a)(2)(C). Instead, Brosman concluded that the analysis of Robinson was “a much better reasoned approach to the problem of unscheduled creditors as it allows an honest but mistaken debtor a fresh start.” Id. at 214. The court found
that exceptional circumstances exist[ed] in [the] case for the discharge of the [creditor’s] claim. The debt was not listed simply through mistake or inadvertence; there were no assets for distribution to creditors; there was no fraud or intentional laches. There was no prejudice to the creditor other than the incurring of costs and attorney’s fees in state court.
Id. at 216. Under the same fact scenario, Ruhr held that as long as a creditor still had the right under § 726(a)(2)(C) to file a tardy claim and participate in distribution meant that the debt was not subject to § 523(a)(3)(A). Southern Pacific Land Co. v. Kuhr (In re Kuhr), 132 B.R. 421 (Bankr.E.D.Cal.1991). Ruhr reasoned that the only purpose in a creditor filing a claim in a chapter 7 case is to allow the creditor to participate in any distribution of the estate. This theory is supported by § 726(a)(2)(C) since it grants a creditor the right to file a claim anytime after it receives notice or knowledge of a bankruptcy case, but before any distribution of the estate, and still participate fully (on the same level) with the creditors that filed timely claims. It finds further support in Rule 2002(e) which authorizes the court to advise creditors in a no asset case that they need not file claims unless assets are discovered for distribution. The Ruhr court deduces that since “timeliness is employed as a standard for determining which creditors will share in asset distribution and which creditors will not,” that “ ‘[tjimely’ under section 523(a)(3)(A) can only mean filed in time to receive on an equal footing distribution of any dividends paid pursuant to section 726(a).” Id. at 423-424. As to the fact that Kuhr had filed the late claim on behalf of the creditor and the creditor then sought to have it excepted from discharge, the court stated the fact
[t]hat the creditor in this case has chosen not to file a claim does not affect the debtor’s right to a discharge of the debt, as the creditor’s failure to file a claim is no different than the failure of a creditor who received notice at the outset of the case to file a claim.
Id. at 424. The court held that since the creditor still had time to file a claim and participate in any distribution, that its debt was not excepted from discharge. Id.
In a Florida case, where a debtor began litigation in state court prior to filing bankruptcy, continued the suit through the bankruptcy case (unbeknownst to the creditor), and had a final judgment rendered against debtor after he received a discharge and his bankruptcy case was closed, the debtor was allowed to reopen his case, amend his schedules, and have the judgment debt discharged because it was an no asset where no bar date had ever been set (so it never expired triggering the application of § 523(a)(3)(A)). The court reasoned that “the Defendants still [had] the right to file a claim, although doing so would be futile, and nothing more than an exercise in futility.” Kirkpatrick v. Kogan (In re Kirkpatrick), 216 B.R. 663, 666 (Bankr.M.D.Fla.1997). In a case with similar facts, except where a claims bar date was set but the case was closed as a no asset case, the. court allowed the discovered debt to be discharged. The court reasoned that the creditor was not prejudiced in its lack of notice, because the case ultimately was a no asset case. The court concluded that the “right to receive a distribution from the estate is the only right protected by the ‘timely filed proof of claim’ prong of the statute, and as such, the only standard by which material prejudice may be measured.” Premier West Bank v. Rajnus, 2007 WL 2571944, *3 n. 7 (Bankr.D.Or.2007) (citing White v. Nielsen (In re Nielsen), 383 F.3d 922, 927 (9th Cir.2004)).
The Fifth Circuit affirmed Robinson in Stone v. Caplan (Matter of Stone), 10 F.3d 285 (5th Cir.1994). After determining § 523(a)(3)(A) was ambiguous, the Fifth Circuit looked to other Code provisions for the meaning of the term “timely” and to the legislative history of § 523(a)(3)(A). In reviewing the Congressional reports, the Fifth Circuit was convinced that its Robinson ruling was correct, and applied its reasoning and three factor test to Stone. Stone, 10 F.3d at 290-92. Stone involved an open case where the debtors failed to list a creditor who had no knowledge of the bankruptcy case until a year after the claims bar date had expired. When the creditor received knowledge of the case, it filed a complaint with the bankruptcy court and requested the debt be declared nondischargeable under § 523(a)(3)(A). The debtors then amended their schedules and listed the creditor. By this time, it was determined that the case was a no asset case. The court determined that there was no fraud or intentional design in debtors failing to list the creditor and no undue burden would placed on the courts if the claim was allowed. Furthermore, the court concluded there was no prejudice to the creditor because its right to receive its share in the distribution had not been compromised because no creditors would receive any dividends. The court stated that the creditor’s “rights to participate in dividends would not be any different had they been listed first on the Stone’s schedules.” Id. at 291.
Having an allowed claim is how a creditor gets to participate in the distribution of the estate. A proof of claim is deemed allowed once it is filed if there is no objection to it. § 502(a); see also, Fed. R. Bankr.P. 3002(a), 3004. Section 523(a)(3)(A) protects a creditor’s right to participate in distribution by focusing on the necessity of filing a “timely” claim. Lott Furniture, Inc. v. Ricks (In re Ricks), 253 B.R. 734, 742 (Bankr.M.D.La.2000). Section 502(b)(9) disallows an untimely filed claim, except to the extent that it is a tardily filed claim under § 726(a). Ricks found that the interplay of these statutes meant that “a tardily filed claim under § 726(a)(2)(C) becomes the functional equivalent of a timely filed claim. The claim, though technically tardy, is allowed, and permitted status tantamount to that accorded timely filed proofs of claim.” Id. at 744. Ricks concludes that because the creditor became aware of the bankruptcy case before any distribution, that the creditor “had, and has, the ability to file a proof of its claim which, though untimely under Rule 3002(c), would be treated as though it had been timely filed. [The creditor’s] right to participate in the distribution of the debtor’s estate remains unaffected by the claims bar date.” Id. at 747. The Ricks court does not rely on legislative history or equitable principles, but notes that both support the court’s holding. Id.
There is little available law on this issue in the Eleventh Circuit. However, at the time the Fifth Circuit decided Robinson, Florida was part of the Fifth Circuit. Post-Robinson, the Eleventh Circuit seems to have sided with the liberal view after the enactment of § 523(a)(3)(A). The Eleventh Circuit stated that the new rule of § 523(a)(3)(A)
does not in a no-asset case any more deny a discharge to one who has failed to schedule for reasons of honest mistake, not ‘fraud or intentional design.’ This would be an inequitable result, in the absence of prejudice. Hence, if Baitcher can show absence of fraud or intentional design, she should have her discharge....
Samuel v. Baitcher (In re Baitcher), 781 F.2d 1529, 1534 (11th Cir.1986) (This was a chapter 7, no asset, closed case where the debtor wanted to reopen her case to include an inadvertently omitted creditor). Baitcher was on appeal from a motion for summary judgment. The court vacated the summary judgment and remanded for trial to determine the factual issue of any possible fraud or intent in debtor omitting the creditor. Therefore, the language in the opinion relating to the dischargeability of the debt is dicta, but it is clear how the court would have ruled if the issue had been directly before it.
V. Conclusion
The cases of Ruhr, Brosman, Laczko, and Ricks were all open cases where a creditor was inadvertently omitted from the debtor’s schedules. All had claim filing bar dates expire before the creditor had knowledge of the debtor’s bankruptcy. All had debtors who sought to add the omitted claim and have it discharged, and none had distributed any dividends from the estate. Laczko, a Ninth Circuit case, is the only case that is on point factually where the court declared the debt was excepted from discharge. Ruhr and Brosman are also Ninth Circuit cases, but they hold that the debts are dischargeable. None of these three decisions are binding on this Court. Ricks also has virtually identical facts to this case but, as a Fifth Circuit case, is not binding on this Court either. However, Ricks does stem from Robinson, and this Court was within the binding jurisdiction of the Fifth Circuit when Robinson was decided. The Court is bound by Baitcher, supra. Baitcher is one of the few cases on this issue from the Eleventh Circuit, and it supports Robinson in dicta. Therefore, until the Eleventh Circuit rules otherwise, this Court concludes it must follow the liberal interpretation that appears to be the law of this Circuit.
Furthermore, Reese, supra, and Kirkpatrick, supra, two Florida cases, are not overwhelmingly persuasive since they reach opposite conclusions. Reese was a closed no asset case where a bar date was never set. When the debtor moved to reopen, amend the schedules to list the creditor and have the claim discharged, the court would not discharge the debt. However, in similar facts, the court in Kirkpatrick discharged the debt. Reese focused on the fact that because the case was closed, the creditor was not allowed to participate in the bankruptcy proceeding. In Kirkpatrick, the court focused on the fact that the creditor could technically still file a claim. Neither of these two cases is directly on point. In this case, the Debtors’ bankruptcy case is still open and no distribution has been made to any creditors. The Credit Union still has the opportunity to file a claim and take part in any distribution that is made. This is factually different from Reese and Kirkpatrick where the case was already closed. If the Credit Union files a claim, it can participate in any distribution just as it would have if it had been listed first on Debtors’ schedules. If the case turns out to have no assets, then the Credit Union will once again be in the same position it would have been had it been listed by Debtors from the start. See Stone, 10 F.3d at 291.
Given that the Eleventh Circuit appears to support Robinson, this Court will apply the three factor test put forth in Robinson to the facts of this case: (1) the reasons for the omission, (2) the degree of disruption that would result if the amendment were allowed, and (3) the prejudice to creditors.
First, at trial the Court heard testimony from the Debtors as to why the Credit Union debt was not included. It was clear to the Court that the omission was by inadvertence, a mistake. The Debtors’ testimony was credible and candid. Furthermore, the Credit Union did not dispute this. The Credit Union has not made any argument that the Debtors acted with improper motive or intended to omit it from the Debtors’ schedules. The Credit Union only asserts that it was left off of the bankruptcy schedules, and Debtors admit this. Based upon the admissions of the parties and the testimony at trial, the Court finds that the Credit Union was inadvertently omitted from the Debtors’ schedules, and the Credit Union had no notice or knowledge of the Debtors’ case until after the expiration of the claims bar date.
Second, the Court finds that there would be no undue burden on the Court or the parties if the claim was allowed. The Debtors are allowed to amend their schedules at anytime before the close of the case under Rule 1009.
Third, there is no prejudice to the Credit Union or other creditors if the debt is discharged. Section 726(a)(2)(C) clearly authorizes the Credit Union to file a claim, even now, and fully participate in any distribution that may occur in this case. Since the Code allows this claim to still be filed by the Credit Union, it is still timely and is not excepted from discharge under § 523(a)(3)(A).
Based on the ambiguity of the term “timely” in § 523(a)(3)(A), the Court looks to the legislative history and other Code provisions to determine the meaning and intent of the nondischargeability statute. After reviewing the Congressional reports and finding that Congress intended to overrule the strict interpretation of § 17a(3) by its enactment of § 523(a)(3)(A), the Court concludes that the liberal interpretation is the correct interpretation. This is supported by the limited law of the Eleventh Circuit.
For these reasons, the Court GRANTS the Debtors’ Motion to Reconsider and GRANTS the dischargeability of the Credit Union claim (number 17).
. Debtors also filed a counterclaim, the success of which turned on the outcome of the main issue of notice in the adversary complaint. As such, no counterclaim arguments were heard at trial.
. In a chapter 7, no asset case, where no bar date has been set, section 523(a)(3)(A) is not even applicable. See Stone v. Captan (Matter of Stone), 10 F.3d 285, 291 (5th Cir.1994); In re Stark, 717 F.2d 322 (7th Cir.1983) (setting of the bar date triggers § 523).
. While Robinson’s reasoning has been subsequently applied to the question of discharge-ability, this was not in the analysis of the Robinson decision. The sole issue in Robinson was the right of the debtor to amend his schedules (Rule 1009(a) did not yet exist).
. The Ninth Circuit has decided numerous cases on this § 523(a)(3)(A) issue and has interpreted the statute both strictly, as in Lac-zko, supra, and liberally, as in Brosman, supra. See Purcell v. Kahn (In re Purcell), 362 B.R. 465, 473-76 (Bankr.E.D.Cal.2007) for a discussion on the Ninth Circuit adopting both a liberal and strict interpretations regarding the dischargeability of claims filed after the passage of the bar date.
|
CASELAW
|
AMP
Important: this documentation is not applicable to your currently selected format email!
amp-next-page
Experimental
Description
Dynamically loads more documents recommended for the user.
Required Scripts
<script async custom-element="amp-next-page" src="https://cdn.ampproject.org/v0/amp-next-page-0.1.js"></script>
Usage
Dynamically loads more documents recommended for the user.
Given a list of pages, amp-next-page tries to load them after the current document, providing an infinite-scroll type experience.
Pages should be specified in a JSON config loaded from a remote URL listed in the element src, or inlined as a script element child.
<amp-next-page src="https://example.com/next-page-config.json"></amp-next-page>
<!-- Or -->
<amp-next-page>
<script type="application/json">
{
"pages": ...
}
</script>
</amp-next-page>
If loading the next document is successful it will be appended to the end of the current document as a child of the amp-next-page component, moving any content after it further down the page. Because of this the component should usually be placed directly after the unique content of a given page: for example, at the end of a news article or recipe, but before the footer or other content repeated across articles.
The component will render a total maximum of three documents on screen in a component will render a maximum of three documents (total) on screen at one single instance. This limit may be changed or removed in the future.
Important <amp-analytics> is currently unsupported on pages users land on through <amp-next-page>. Tracking page views is supported through <amp-pixel> or <amp-analytics> on the host page.
Configuration spec
The configuration defines the documents recommended by amp-next-page to the user as a JSON object.
Key Value
pages (required) Ordered array of one or more page objects
hideSelectors Optional array of string CSS selectors to hide in child documents
Each page object should have the following format:
Key Value
ampUrl (required) String URL of the page. Must be on the same origin as the current document. URLs will automatically be rewritten to point to the Google AMP cache when required.
title (required) String title of the page, will be used when rendering the recommendation box
imageUrl (required) String URL of the image to display in the recommendation box
Recommendation box
If the user reaches the end of a page before the next has loaded (or if the next page fails to load), a box will be displayed with links to the next three pages. This box will also be displayed after the maximum number of articles have been rendered.
The appearance of these links can be customized by styling the following classes:
• .amp-next-page-links for the containing element
• .amp-next-page-link for an individual link
• .amp-next-page-image for the link image
• .amp-next-page-text for the link text
Separator
A separator is rendered between each loaded document. By default this is rendered as a full-width hairline. It can be customised by styling the .amp-next-page-default-separator class.
Alternatively, you can specify a custom separator containing arbitrary HTML content as a child of the amp-next-page component by using the separator attribute.
<amp-next-page src="https://example.com/config.json">
<div separator>
<h1>Keep reading</h1>
</div>
</amp-next-page>
Element hiding
Elements which are common across multiple pages can be programmatically hidden in child documents, to avoid e.g. stacking up multiple page footers at the end of the document, or to hide the page header from each subsequent page.
Elements can be hidden by specifying one or more string CSS selectors in the hideSelectors key of the element config. Elements matching any of the selectors will be set to display: none in all child documents.
<amp-next-page>
<script type="application/json">
{
"hideSelectors": [
".header",
".main footer",
"#navigation"
],
"pages": ...
}
</script>
</amp-next-page>
Substitutions
The amp-next-page src allows all standard URL variable substitutions. See the Substitutions Guide for more info.
For example:
<amp-next-page src="https://foo.com/config.json?RANDOM"></amp-next-page>
may make a request to something like https://foo.com/config.json?0.8390278471201 where the RANDOM value is randomly generated upon each impression.
Attributes
src
The URL of the remote endpoint that returns the JSON that will be used to configure this amp-next-page component. This must be a CORS HTTP service. The URL's protocol must be HTTPS. Your endpoint must implement the requirements specified in the CORS Requests in AMP spec.
The src attribute is required unless a config has been specified inline. |
Example configuration
The following configuration will recommend two more documents for the user to read, and hides the header and footer elements from each child document.
{
"pages": [
{
"image": "https://example.com/image1.jpg",
"title": "This article shows first",
"ampUrl": "https://example.com/article1.amp.html"
},
{
"image": "https://example.com/image2.jpg",
"title": "This article shows second",
"ampUrl": "https://example.com/article2.amp.html"
}
],
"hideSelectors": [".header", ".footer"]
}
Analytics
Partial support for analytics is included through the initial host page via two separate events. These are triggered by <amp-next-page> and you can track them in your amp-analytics config:
Event Fired when
amp-next-page-scroll The user scrolls to a new page
amp-next-page-click The user click on an article from the recommendation box
Both of the triggers provide the variables fromUrl and toUrl referring to the previous and current pages. They can be used as follows:
<amp-analytics>
<script type="application/json">
{
"requests": {
"nextpage": "https://foo.com/pixel?RANDOM&toURL=${toURL}"
},
"triggers": {
"trackScrollThrough": {
"on": "amp-next-page-scroll",
"request": "nextpage"
},
"trackClickThrough": {
"on": "amp-next-page-click",
"request": "nextpage"
}
}
}
</script>
</amp-analytics>
Validation
See amp-next-page rules in the AMP validator specification.
Potrzebujesz dodatkowej pomocy?
Znasz już ten dokument na wylot i nadal nie znajdujesz w nim odpowiedzi na wszystkie pytania? Być może inni przeszli to samo: skontaktuj się z nimi na Stack Overflow.
Przejdź do Stack Overflow
Udało Ci się trafić na błąd albo brakuje jakiejś funkcji?
Zdecydowanie zachęcamy do wzięcia udziału! Choć mamy nadzieję, że staniesz się stałym uczestnikiem naszej społeczności open source, to z wdzięcznością przyjmiemy również każdy jednorazowy wkład w kwestie, które są Twoją pasją.
Przejdź do GitHub
|
ESSENTIALAI-STEM
|
GRAINS-Soybeans fall for first time in 7 sessions
SYDNEY, Dec 11 (Reuters) - U.S. soybean futures edged lower for the first time in seven sessions on Wednesday, though hopes of a trade deal between Washington and Beijing limited losses. FUNDAMENTALS * The most active soybean futures on the Chicago Board of Trade were down 0.1% to $9.00 a bushel by 0221 GMT, having firmed 0.4% on Tuesday. * The most active corn futures were down 0.1% at $3.76-3/4 a bushel, having gained 0.3% in the previous session. * The most active wheat futures were down 0.1% at $5.23 a bushel, having closed up 0.2% on Tuesday. * U.S. supplies of wheat will fall to a five-year low, with exports on the rise due to smaller harvests from key global competitors, the government said on Tuesday. * The government cut its domestic wheat ending stocks outlook for the 2019/20 crop year to 974 million bushels from 1.014 billion bushels. If realized, that would be the smallest U.S. stockpile since 752 million bushels in 2014/15. * Analysts had been expecting wheat ending stocks of 1.010 billion bushels, according to the average of estimates in a Reuters poll. * The U.S. Agriculture Department, in its monthly World Agriculture Supply and Demand Estimate report, kept its outlook for corn and soybean ending stocks steady. It also left its closely watched forecasts for corn and soybean production in Brazil and Argentina unchanged. * Grain traders remained largely focused on negotiations between Washington and Beijing ahead of Dec. 15, when U.S. tariffs on nearly $160 billion worth of Chinese consumer goods kick in, potentially increasing tensions in the 17 month-long trade war between the two countries. * Chinese buyers booked at least 300,000 tonnes in U.S. soybean purchases on Monday after Beijing offered waivers on steep import duties. MARKET NEWS * The British pound slipped early on Wednesday after a poll showed a narrowing lead for Prime Minister Boris Johnson's Conservative Party in an election later in the week, while U.S. dollar movement looked to the Federal Reserve's policy meeting. * Oil prices fell after industry data showed a surprise build in crude oil inventory in the United States and as investors waited for news on whether a fresh round of U.S. tariffs on Chinese goods would take effect on Sunday. * Wall Street's main stock indexes ended slightly lower on Tuesday, though not far from record highs, as investors awaited concrete news on whether a new round of U.S. tariffs on Chinese goods would take effect on Dec. 15. (Reporting by Colin Packham; editing by Uttaresh.V)
|
NEWS-MULTISOURCE
|
Ninaview, Colorado
Ninaview is an unincorporated community in Bent County, Colorado, United States. The U.S. Post Office at Las Animas (ZIP Code 81054) now serves Ninaview postal addresses.
A post office called Ninaview was established in 1915, and remained in operation until 1965. The community derives its name from one Nina Jones, the daughter of a local merchant. Donald Alan Johnston restored several buildings in the late 2000s and installed an amateur observatory on the site. Astronomy is favorable here due to low external light sources.
Geography
Ninaview is located at 37.64778°N, -103.24028°W (37.647675,-103.240414).
|
WIKI
|
Lilian Hawker
Lilian Edith Hawker (19 May 1908 – 5 February 1991) was a British mycologist, known for her work on fungal physiology, particularly spore production. She was an expert on British truffles, and also published in the fields of plant physiology and plant pathology. She was also known for her contributions to education in mycology. Most of her career was spent at the botany department of the Imperial College of Science and Technology (1932–45) and the University of Bristol (1945–73), where she held the chair in mycology (1965–73) and was dean of the science faculty (1970–73). She served as president of the British Mycological Society, and was elected an honorary member of that society and of the Mycological Society of America. She published an introduction to fungi and two books on fungal physiology, of which Physiology of Fungi (1950) was among the first to survey the field, and also co-edited two microbiology textbooks.
Early life and education
Hawker was born in Reading, Berkshire in 1908. Her father was a schoolteacher. She was educated at Reading School and went up to the University of Reading in 1925, obtaining a BSc in botany (1929) followed by a MSc in plant geotropism (1931). She was taught by Walter Stiles. Her first research paper appeared in 1930, based on work she completed as an undergraduate on reproduction in the yew tree.
Career
Hawker briefly researched plant physiology at the University of Manchester (1931–32). In 1932, after taking a course by the mycologist William Brown, she shifted her focus to fungal physiology. Around this time, Walter Buddin at Reading also interested her (and Terence Ingold) in collecting fungi in the wild, a lifelong pursuit. Hawker joined Brown's group at the botany department of the Imperial College of Science and Technology in London that year, becoming a research assistant (1933), and rising to demonstrator (1934) and assistant lecturer in mycology and pathology (1937). Her research work was acknowledged in the award of PhD (1935) and DSc degrees (1944) from the University of London. Her career was interrupted by the Second World War; she remained at Imperial's London site teaching under difficult conditions, while Brown and others from the department moved to Slough. Michael J. Carlile comments on her relatively slow promotion at Imperial, despite being highly active in both research and teaching, speculating that it might have been due to her not having contacts.
In 1945 she was appointed lecturer at the University of Bristol, rising to reader in mycology (1948) and holding the chair in mycology from 1965, one of the early women to hold a chair at the university. In 1970–73, she served as the science faculty's dean. Bristol's first to be a woman. Her colleagues included Carlile and Michael F. Madelin. After her retirement in 1973, she held an emeritus professorship, She participated in the university's studies of proposals for a Severn Barrage including as co-editor of the report.
A "conscientious", "enthusiastic and committed" teacher, Hawker's contributions to university-level education in mycology have been described as "impressive". She served on the British Mycological Society's committee investigating this topic in the 1940s. She helped to found the University of Bristol's degree course in microbiology, which under her influence included mycology, and co-edited two microbiology textbooks which included fungi. She visited the United States in 1965, investigating how practical laboratory work – a particular enthusiasm of hers – fit into university-level education.
Hawker served as president of the British Mycological Society in 1955, and was also elected an honorary member of the society (1975), as well as of the Mycological Society of America (1966). In 1966, she organised Bristol's Colston Symposium on the topic of "The Fungal Spore", which founded the International Fungus Spore Symposium series. The following symposium (1974) in Utah was dedicated to her, as well as the American plant pathologist David Gottlieb, and in 1988, Transactions of the British Mycological Society honoured her reaching the age of eighty.
Research and writings
Hawker's initial research was in the field of plant physiology. She studied geotropism, the way in which plants respond to gravity, which resulted in four useful papers published in 1932–33. She also researched the auxin group of plant growth hormones.
At Imperial in the mid-1930s, Hawker began to research fungal physiology, and in particular spore production. She initially chose to study the ascomycete fungus Sordaria destruens (formerly Melanospora destruens), and investigated the factors affecting its spore production, such as the type of carbohydrate that it is growing on. At Bristol she studied reproduction in the zygomycete fungus Rhizopus sexualis, identifying a volatile factor that promotes spore formation, which Graham Gooday and others identified as trisporic acid and related compounds. She continued to study what triggered fungi to switch from vegetative growth to the reproductive phase for more than two decades. At the end of the 1950s, she abandoned this line of research in favour of observing the ultrastructural changes that occur during the production and germination of spores, and published prolifically on this topic from 1963 until her retirement. These studies were facilitated when the Bristol botany department purchased an electron microscope in around 1960; she was among the earliest British researchers to take electron micrographs of fungal structures.
In the mid-1930s she also researched fungal diseases affecting plants cultivated for their flowers, especially narcissus and gladiolus, for example, basal rot caused by Fusarium species. She later studied arbuscular mycorrhizas – the symbiotic relationship between root-colonising fungi and many plant species – with her experiments suggesting that the coloniser was often Pythium; however, Barbara Mosse showed that it was instead fungi of the order Glomerales.
Her interests extended to macroscopic fungi. In 1934, with Terence Ingold, Hawker studied fungal distribution in the Mortimer area, near Reading. In 1948, she started to investigate the distribution in Britain of hypogeous fungi, known as truffles: fungi with underground fruiting bodies. She is said to have "revived the study of truffles in England"; before her work this group had not been studied since the Victorian era, and they were believed to be rare in the country. In 1948–59, she found 1200 specimens from at least 60 species within 25 miles of Bristol. Her research resulted in a 1954 monograph, and was described in 2005 as still "unequalled."
Hawker is described as writing "fluently and with great speed." She published Physiology of Fungi (1950), one of the earliest books on the topic, and followed it up with Physiology of Reproduction in Fungi (1957). Her undergraduate text Fungi: An Introduction (1960) surveys fungal diversity. She also co-edited two textbooks on microbiology with Alan H. Linton and others, An Introduction to the Biology of Micro-organisms (1960) and Micro-organisms: Function, Form and Environment (1971).
Personal life
Hawker is not recorded as having married, and in later life she lacked close relatives. Her main recreation was painting in watercolours, and after retirement in oils. She died in 1991. Her will included a large legacy to the University of Bristol, which named a laboratory in her memory.
Selected works
Authored books
* Lilian E. Hawker. Fungi: An Introduction (1960; Hillary House; 1966)
* Lilian E. Hawker. Physiology of Reproduction in Fungi (Cambridge University Press; 1957)
* Lilian E. Hawker. Physiology of Fungi (University of London Press; 1950)
Co-edited books
* Lilian E. Hawker, A. H. Linton (eds). Micro-organisms: Function, Form and Environment (Edward Arnold; 1971; University Park Press; 1979)
* Lilian E. Hawker, Alan H. Linton, B. F. Folkes, M. J. Carlile (eds). An Introduction to the Biology of Micro-organisms (Edward Arnold; 1960)
Monograph, reviews
* Lilian E. Hawker (1965). "Fine structure of fungi as revealed by electron microscopy", Biological Reviews 40: 52–91
* Lilian E. Hawker (1954). "British hypogeous fungi" Philosophical Transactions of the Royal Society B: Biological Sciences 237: 429–546
Research papers
* Lilian E. Hawker, R. J. Hendy (1963). "An electron-microscope study of germination of conidia of Botrytis cinerea", Journal of General Microbiology 33: 43–46
* Lilian E. Hawker, Patricia McV. Abbott (1963). "An electron microscope study of maturation and germination of sporangiospores of two species of Rhizopus" Journal of General Microbiology 32: 295–298
* R. P. Asthana, L. E. Hawker (1936). "The influence of certain fungi on the sporulation of Melanospora destruens Shear and of some other Ascomycetes", Annals of Botany 50: 325–343
* Lilian E. Hawker (1932). "A quantitative study of the geotropism of seedlings with special reference to the nature and development of their statolith apparatus", Annals of Botany 46: 121–157
|
WIKI
|
2004 UEFA Cup final
The 2004 UEFA Cup Final was an association football match that took place on 19 May 2004 at Ullevi in Gothenburg, Sweden, contested between Spanish side Valencia and French side Olympique de Marseille. Valencia won the match 2–0, with goals from Vicente and Mista. This was the fourth major European trophy won by Valencia.
Summary
Valencia had been on a 14-match unbeaten run previous to this match, which had only ended the previous week to Villarreal, the side they beat in the semi-final to reach the final, due to a weakened lineup after securing the La Liga title. In contrast, Marseille had lost four of their last five matches in Ligue 1.
The start of the match was conservative due to the wind. Didier Drogba threatened early on, and was sent tumbling by a robust challenge from Roberto Ayala, which led to a free kick, in which the resulting shot was cleared off the line by Carlos Marchena. This sparked Valencia into life and David Albelda produced a save from Fabien Barthez after pouncing on Mista's rebounded shot.
Valencia dominated possession, which led to frustration, and Steve Marlet getting booked in the tenth minute. Marseille's first meaningful attempt at goal came in the 16th minute when Steve Marlet headed over from Camel Meriem's cross. Minutes later, Meriem himself had a chance to give Marseille the lead, but he shot wide from the edge of the area. Marseille had another chance when Habib Beye got on the end of Drogba's free kick, but he headed wide. The definitive moment in the match came on the stroke of half time, when Barthez brought down Mista in the area after a cross by Curro Torres. Barthez was sent off and Valencia were awarded a penalty. Jérémy Gavanon replaced Barthez with Camel Meriem making way for him. Vicente dispatched the penalty to give Valencia a 1–0 lead going into half time.
The second half started off with Valencia in total ascendancy, and after 13 minutes of near-total possession, Valencia doubled their lead. Vicente had cut the ball in from the left for Mista, who finished the chance with ease to record his fifth goal of the competition. Marseille's heads inevitably dropped. They came forward in flourishes in the last remnants of the game, however, when Drogba's free kick was stopped by Santiago Cañizares. Drogba also nearly played in Steve Marlet with a through-ball, but it was intercepted at the last second. Marseille almost found a way back into the Valencia goal area in the 80th minute, but Sylvain N'Diaye's shot was saved by Cañizares.
After this, the match descended into a stoic affair and Valencia ran out winners to win their first major European trophy in 24 years, and victory after two successive UEFA Champions League final defeats, in 2000 and 2001. The victory also meant that Amedeo Carboni became the oldest player to win a European final at 39 years and 43 days old.
|
WIKI
|
Talk:Sherlock Holmes fandom
Surely this is incorrect. Sherlock fandom is for the BBC series. The canon has an entirely different (although occasionally overlapping) constituency. — Preceding unsigned comment added by <IP_ADDRESS> (talk • contribs) February 5, 2017 (UTC)
* I agree, this is not what people think of when they hear the words "Sherlock fandom", and when people think of fans of the books, this is not the first name to come to mind. I propose renaming it along the lines of "Sherlock Holmes fandom", "Holmesians", "Sherlockians", "Holmesian fandom", or "Sherlockian fandom". "Sherlock fandom" could redirect there, but it's not exactly a synonym? Maybe make a section about the BBC show and redirect there? Allthegoodnamesaretaken2 (talk) 13:50, 24 October 2018 (UTC)
|
WIKI
|
Kibana - does not highlight search results
Hello
I don't understand why when searching through kibana, it doesn't highlight the result for the log_message field.
"log_message" is the parsed "message" field, by grok.
I can only assume that the kibana is not looking around this field and therefore does not highlight it.
How to change it?
You can see what Kibana is exactly checking from the Inspect tool in the top right corner. There you will see the query and response from Elasticsearch.
My only idea is to confirm the mapping details from the log_message field. Is it maybe not indexed and only stored?
Take a look at this example just from the DevTools without creating a DataView or using Discover at all.
# Delete if exists
DELETE delete_text_keyword
# Define an index with a keyword and a non indexed text field
PUT delete_text_keyword
{
"mappings": {
"properties": {
"text_field": {
"type": "text",
"index": false
},
"keyword_field": {"type": "keyword"}
}
}
}
# Index a couple of records
POST delete_text_keyword/_bulk
{"index" : {}}
{ "text_field": "hola", "keyword_field": "hola"}
{"index" : {}}
{ "text_field": "mundo", "keyword_field": "mundo"}
# Minimal search and highlight
GET delete_text_keyword/_search
{
"_source": false,
"query": {
"bool": {
"must": [
{
"query_string": {
"query": "*hola*"
}
}
]
}
},
"highlight": {
"fields": {
"*": {}
}
}
}
Only the keyword field is retrieved and highlighted
Sorry if this is super-evident but with the details provided is hard to go further.
1 Like
This topic was automatically closed 28 days after the last reply. New replies are no longer allowed.
|
ESSENTIALAI-STEM
|
/* * Copyright 2007 Einar Egilsson ( http://tech.einaregilsson.com ) * For details about this project see http://tech.einaregilsson.com/2007/09/20/binary-tree-image */ using System; using System.Drawing; using System.Drawing.Imaging; using System.Drawing.Text; using System.IO; namespace EinarEgilsson { public interface INode { INode Left { get;} INode Right { get; } string Text { get;} object Value { get; } } /// /// Class for creating images of binary tree structures. Nodes in the binary tree /// must implement the INode interface. See http://tech.einaregilsson.com/2007/09/20/binary-tree-image /// for more details. /// public class BinaryTreeImage { #region Constants protected const int NodeWidth = 35; protected const int HalfNodeWidth = NodeWidth / 2; protected const int DX = 10; protected const int DY = 10; protected const int FontSize = 10; protected const string FontName = "Arial"; protected const int Padding = 20; protected readonly Brush Background = Brushes.White; protected readonly Pen MainPen = Pens.Black; protected readonly Brush ValueBrush = Brushes.Blue; protected readonly Brush TextBrush = Brushes.Black; protected readonly Font TextFont = new Font(FontName, FontSize); protected readonly Font ValueFont = new Font(FontName, FontSize, FontStyle.Bold); #endregion #region Members private int _treeDepth = 0; private Bitmap _bitmap; private Graphics _graphics; #endregion #region Public public BinaryTreeImage(INode root) { CreateImage(root); } public virtual Bitmap Bitmap { get { return _bitmap; } } public virtual void Save(string filename, ImageFormat format) { _bitmap.Save(filename, format); } public virtual void Save(string filename) { Save(filename, ImageFormat.Jpeg); } public virtual void WriteToStream(Stream outputStream, ImageFormat format) { _bitmap.Save(outputStream, format); } public virtual void WriteToStream(Stream outputStream) { WriteToStream(outputStream, ImageFormat.Jpeg); } public virtual void Show() { string filename = Path.GetTempFileName() + ".jpg"; Save(filename); System.Diagnostics.Process.Start(filename); } #endregion #region Image Creation protected virtual void CreateImage(INode root) { int canvasWidth, canvasHeight; ImageNode iroot = CreateImageNodeTree(root, 1); if (iroot == null) canvasHeight = canvasWidth = 30; else { canvasWidth = iroot.TotalWidth + Padding * 2; canvasHeight = _treeDepth * (NodeWidth + DY) + 1 * NodeWidth; } _bitmap = new Bitmap(canvasWidth, canvasHeight); _graphics = Graphics.FromImage(_bitmap); _graphics.FillRectangle(Background, 0, 0, _bitmap.Width, _bitmap.Height); DrawNode(iroot, true, 1, new Rectangle(0 - HalfNodeWidth, 0, NodeWidth, NodeWidth)); } protected virtual ImageNode CreateImageNodeTree(INode node, int depth) { if (node == null) return null; _treeDepth = Math.Max(_treeDepth, depth); ImageNode left = CreateImageNodeTree(node.Left, depth + 1); ImageNode right = CreateImageNodeTree(node.Right, depth + 1); ImageNode newNode = new ImageNode(); newNode.Node = node; newNode.Left = left; newNode.Right = right; newNode.RightTreeWidth = (right == null) ? 0 : right.TotalWidth; newNode.LeftTreeWidth = (left == null) ? 0 : left.TotalWidth; newNode.TotalWidth = newNode.RightTreeWidth + newNode.LeftTreeWidth + NodeWidth + DX; return newNode; } #endregion #region Draw Nodes protected virtual Rectangle DrawNode(ImageNode node, bool isRightChild, int depth, Rectangle parentBounds) { int x, y; if (node == null) return new Rectangle() ; int offset = (isRightChild) ? node.LeftTreeWidth + NodeWidth + DX : -node.RightTreeWidth - NodeWidth - DX; x = parentBounds.X + offset; y = depth * (DY + NodeWidth) - HalfNodeWidth; Rectangle bounds = new Rectangle(x, y, NodeWidth, NodeWidth); _graphics.DrawEllipse(MainPen, bounds); DrawNodeText(node, bounds); if (node.Left != null) { Rectangle leftBounds = DrawNode(node.Left, false, depth + 1, bounds); _graphics.DrawLine(MainPen, leftBounds.X + HalfNodeWidth, leftBounds.Y, bounds.X + HalfNodeWidth, bounds.Y + NodeWidth); } if (node.Right != null) { Rectangle rightBounds = DrawNode(node.Right, true, depth + 1, bounds); _graphics.DrawLine(MainPen, rightBounds.X + HalfNodeWidth, rightBounds.Y, bounds.X + HalfNodeWidth, bounds.Y + NodeWidth); } return bounds; } protected virtual void DrawNodeText(ImageNode node, Rectangle nodeBounds) { StringFormat strFormat = new StringFormat(); strFormat.Alignment = StringAlignment.Center; RectangleF typeBounds = new RectangleF(nodeBounds.X - 50, nodeBounds.Y + HalfNodeWidth - TextFont.GetHeight(), 100 + NodeWidth, TextFont.GetHeight()); _graphics.DrawString(node.Node.Text, TextFont, TextBrush, typeBounds, strFormat); if (node.Node.Value != null) { RectangleF valueBounds = new RectangleF(nodeBounds.X - 50, nodeBounds.Y + NodeWidth - ValueFont.GetHeight(), 100 + NodeWidth, ValueFont.GetHeight()); _graphics.DrawString(node.Node.Value.ToString(), ValueFont, ValueBrush, valueBounds, strFormat); } } #endregion #region Class VisualNode protected class ImageNode { public INode Node; public ImageNode Right; public ImageNode Left; public int LeftTreeWidth; public int RightTreeWidth; public int TotalWidth; } #endregion } }
|
ESSENTIALAI-STEM
|
Willingness to eat at Chipotle increasing; sentiment bottomed in Jan - William Blair
A survey released late Thursday appears to show the worst may be over for Chipotle, with consumers showing more willingness to eat at the chain as negative sentiment from the company's E. coli scare fades. "It appears that sentiment bottomed in January, with willingness to eat at Chipotle increasing after the company's digital coupon for a free entrée spurred improved traffic in the latter half of February," William Blair & Co. analyst Sharon Zackfia said in a research note. William Blair has conducted monthly surveys of about 800 adults since November 2015, when the E. coli outbreak and food-safety concerns were impacting traffic. Chipotle's stock is down 18 percent since November, although it has retraced some of its losses, with the stock up 9 percent so far this year. Last month, Denver-based Chipotle Mexican Grill reported revenue for the fourth quarter fell nearly 7 percent from a year ago. It said the downturn reflected a nearly 15 percent decline in comparable restaurant sales due to publicity during the quarter surrounding the food-borne illness incidents at a number of Chipotle restaurants. According to Zackfia's note, the survey "suggests that Chipotle's recovery process has begun." That's not to say all of Chipotle's troubles are behind it. Analysts at Sterne Agee believe customer counts have regressed following the highly promotional mid-February period. "As such, we believe it is likely that March will show a sequential deceleration in traffic trends versus February, which could be disappointing to the Street." Chipotle is also facing a criminal probe at one of its Southern California locations, stemming from a norovirus outbreak last summer. On Jan. 28, the company also was served with a subpoena as part of a larger investigation. Also, awareness of the E. coli outbreak remains high, at 80 percent since January, compared with 50 percent in early November, according to the William Blair survey. The survey found that the number of people who are indicating a change in eating patterns at Chipotle since the food-safety outbreak "has been slowly but steadily improving." And while there remains a high "percent of rejecters," there's been a turn in sentiment and the chain's "regaining lost customers." Follow CNBC International on and Facebook.
|
NEWS-MULTISOURCE
|
Anna Koltunow
Anna M. G. Koltunow is an Australian plant physiologist researching how plants reproduce. As of 2020 she is Professorial Research Fellow in the Centre for Crop Science at the University of Queensland. She is leading research for the second phase of a project funded by the Bill & Melinda Gates Foundation.
Koltunow graduated from Flinders University in 1981 with a BSc(Hons). She was awarded a PhD by the University of Adelaide in 1987.
From 2002 to 2006 Koltunow was president of the International Association of Sexual Plant Reproduction Research. She was elected Fellow of the Australian Academy of Science in May 2016 and of the Australian Academy of Technological Sciences and Engineering in 2018.
Early life and career
Koltunow worked as a post-doctoral fellow at CSIRO before joining the University of California, LA, from 1989 to 1990, before returning to an Australian Research Council Research Fellowship in Adelaide. She was the theme leader of Plant Industry at CSIRO. Koltunow has also worked on a humanitarian project to help farmers produce self-reproducing crops, including cowpea and sorghum crops, enabling farmers to be self-sufficient and produce higher yielding crops.
She also was on the panel of Women of Waite supporting careers in STEM, discussing career paths, and different career disciplines, inspiring young scientists to take up careers in STEM. She also has been involved in wine making from the McLaren vale.
The Australian Academy of Science described her work as follows:"'Her pioneering work in apomixis, developing and using an apomict species where remarkably, female gametes form without meiosis, and seeds develop in the absence of paternal fertilization as a genetic and molecular model has identified similarities and differences in the mechanisms controlling apomixis and sexual seed formation. Koltunow's discoveries are being used in developing crops with transformational productivity improvements in developing countries.'"Koltunow has worked in plant industry as well in plant seed and fruit development, and asexual seed formation.
Koltunow held senior leadership roles at CSIRO, including as the Deputy Chief. She was on the Premier's science council in South Australia, and held a role on the ARC College of Experts.
Awards
* 2018, Fellow of the Academy of Technology, Science and Engineering.
* 2016, Fellow of the Academy of Science.
* 2010, Outstanding service award from the International Plant Reproduction society.
* 2008, Newton Turner Career Award.
|
WIKI
|
German Stocks Slide for Second Day; Volkswagen, Lufthansa Drop
German stocks slumped for a second
day as earnings from Volkswagen AG, Deutsche Lufthansa AG (LHA) and
BASF SE (BAS) missed estimates and U.S. lawmakers moved no closer to
agreeing a compromise to raise the federal debt limit. Volkswagen AG sank 4.2 percent, its largest drop in almost
three months. Lufthansa declined 2.8 percent as it posted
operating profit that missed analyst estimates. BASF slid 4.2
percent. Siemens AG (SIE) , Europe ’s largest engineering company,
slipped 1.1 percent after saying profit in the fiscal third
quarter almost halved. The DAX Index (DAX) retreated 62.62, or 0.9 percent, to 7,190.06
at the 5:30 p.m. close in Frankfurt. The gauge has retreated 4.5
percent since this year’s high on May 2 amid concern that
Europe’s fiscal crisis will derail the economic recovery and as
speculation mounted that U.S. lawmakers will fail to agree to
increase the nation’s debt ceiling by next week’s deadline. The
broader HDAX Index lost 1 percent today. “Maybe the global economy is slowing and we are feeling
the impact,” said Louise Cooper, a markets analyst at BGC
Partners in London . “Investors are finally starting to become
less complacent about the debt-ceiling deadline next week. The
global macro situation is still dominating the thoughts of all
in the markets.” Volkswagen AG (VOW) slipped 4.2 percent to 138.05 euros as
Europe’s largest carmaker said rising commodity prices and a
strengthening euro will damp earnings gains this year.
Volkswagen also posted second-quarter earnings before interest
and taxes of 3.17 billion euros ($4.5 billion). That fell short
of the 3.26 billion-euro average estimate of 14 analysts
surveyed by Bloomberg. Deutsche Lufthansa, Siemens Lufthansa lost 2.8 percent to 14.07 euros. The airline
posted profit that missed analysts’ estimates as fuel costs
soared and uprisings in north Africa clipped demand. Siemens slid 1.1 percent to 90.13 euros. The engineering
company said profit in its fiscal third quarter fell 47 percent
because of a fine tied to a nuclear-energy joint venture and
charges at its health-care unit. BASF declined 4.2 percent to 63.09 euros. The chemical
maker reported second-quarter profit that fell short of
analysts’ estimates and said that growth will slow in the second
half. Bayer AG (BAYN) dropped 1.2 percent to 56.85 euros as the aspirin
maker reported second-quarter net income of 747 million euros,
missing the 777.7 million average analyst estimate in a
Bloomberg survey. Siemens, BASF and Bayer are the three largest companies in
Germany by index weighting, according to Bloomberg data. Wacker Neuson SE (WAC) rallied 1.6 percent to 12.55 euros as the
company raised its earnings forecast for 2011. To contact the reporter on this story:
Adam Haigh in London at
ahaigh1@bloomberg.net To contact the editor responsible for this story:
Andrew Rummer at
arummer@bloomberg.net
|
NEWS-MULTISOURCE
|
How did Palantir come to be in Vanguard's FTSE Social Index Fund?
I'm trying to find information on how FTSE and Vanguard determine what companies make up an index fund. I was looking through the companies in Vanguard's FTSE Social Index Fund and noticed companies like Texas Instruments and Palantir in the fund. These companies are major defense contractors, which would exclude them from the fund, like Boeing or Lockheed Martin. The fund description appears hear:
https://investor.vanguard.com/investment-products/mutual-funds/profile/vftax#overview
>The index excludes the stocks of companies that FTSE determines engage in, have a specified level of involvement in, and/or derive threshold amounts of revenue from one or more of the following activities:
>
>...
>
>(x) manufacture military weapons systems and/or integral, tailor-made components of these weapons; provide tailor-made products and/or services that support military weapons; provide non-weapons related tailor-made products and/or services related to the military or defense industry;
Does anyone have other examples of companies that might not fit?
|
NEWS-MULTISOURCE
|
Fenugreek seeds ease muscle spasm and helps arthritis |
It is one of the oldest medicinal herbs held in high regard by the Egyptians, Greeks and Romans. The seeds smell a little like celery but have a mild bitter/sour taste and are often used in curries.
Studies have shown fenugreek seeds help to stabilize blood sugar levels, very useful when you are trying to change to a healthy diet. This helps reduce cravings for certain foods enouraging you to make better food choices. A very important aspect in reducing pain and inflammation.
It helps lung congestion aiding in bringing up mucus, this is why opera singers use to use it to clear phlegm.
Clears lymph, eases muscle spasm, period pains, stomach cramps and heavy legs. Also, good for all sorts of cramps such as period pains or digestive cramps.
The other interesting thing about this herb is that it helps with stagnation in the lower half of the body. Many women have this problem. All in all an excellent herb for moving the lymph, and stabilizing the blood sugar levels. Anything that helps move the lymph helps to detox the body and in turn improves the function of the organs which will help arthritis. The more you can get the bodies systems moving like increasing the circulation or in this case the lymph will encourage less inflammation and therefore less aches and pains.
Decoction (Tea)
5 teaspoons of the seeds in 4 cups of cold water, bring to a boil, immediately turn off the heat, and allow it to steep for 10 minutes. Divide into three doses for the day.
If you don’t like the taste of fenugreek, then try sprouting the seeds. Sprouting the seeds improves their flavour. Or the seeds can be soaked overnight, water drained and used in cooking.
Pregnant Caution
Do not use in therapeutic doses if you are pregnant. A little in cooking occasionally is fine, but not the dose described above.
|
ESSENTIALAI-STEM
|
Eleftheria Ftouli
Eleftheria Ftouli (born 4 July 1981) is a Greek former synchronized swimmer who competed in the women's duet at the 2004 Summer Olympics.
|
WIKI
|
Web API code generator on MS SQL
Web API code software on MS SQL? Representational State Transfer (REST or RESTful) is a technical description of how the World Wide Web works. If to imagine that the Web is a device, and it could have an operating system, its architectural style would be RESTful. A RESTful API is a type of web server that enables user-operated or automated clients to access resources that model a system’s data and functions. A well-designed REST API entice developers to use the web service and is today a must-have feature.
At the end of the day, the best protocol is the one that makes the most sense for the organization, the types of clients that you need to support, and what you need in terms of flexibility. Most new APIs are built using REST and JSON simply because it typically consumes less bandwidth and is easier to understand both for developers implementing initial APIs as well as other developers who may write other services against it. Because it’s more easily consumed by most of today’s web browsers, REST+JSON has become the defacto technology for the majority of public APIs. However, SOAP remains a valuable protocol in some circumstances. Plus, you don’t have to look far to find die-hard fans advocating for SOAP for certain use cases.
You also need to be aware that subresources cannot be used outside the scope of their parent resource. In the second example, you need a customer id before you can lookup a order, so if you want a list of all open orders (regardless of customer) then you cannot do it in the second example. Ehh, so what to pick? If you want a flexible API, aim for fewer subresources. If you want a more readable API, aim for more subresources. The important thing is that whatever rule of thumb you pick then be consistent about it. I mean the API user might disagree with your decision, but if you are using it consistently throughout your API, he or she will probably forgive you.
When I ran InstantWebAPI I get an error message about writing rights. How can this be fixed? If you created the stub solution as an administrator, then InstantWebAPI needs to be run as an administrator as well. We have a database with 80 tables. How many tables and views can this software generate the code for? This code was tested against databases with more than 100 tables. Web API project code gets generated pretty fast, but generating Unit Test code it might take a while. We recommend generating the code for a limited number of tables at a time. We have a database with multiple schema. Can the code be generated for all the schemas at the same time? No, this version of the software only allows generating the code for one schema at a time. Further customization can be added by sending a requests to Customer Service. See more details at Instant Rest API from your MS SQL database.
|
ESSENTIALAI-STEM
|
Scheduled Downtime
On Friday 21 April 2023 @ 5pm MT, this website will be down for maintenance and expected to return online the morning of 24 April 2023 at the latest
wrf.exe error segmentation fault (signal 11)
dbwls33
New member
I'm trying to run WRF. It worked fine until real.exe. But if I try mpirun -np 10 wrf.exe, it won't run and I keep getting the same error. I attach some files. Please kindly help me with how to fix the error...
===================================================================================
= BAD TERMINATION OF ONE OF YOUR APPLICATION PROCESSES
= EXIT CODE: 11
= CLEANING UP REMAINING PROCESSES
= YOU CAN IGNORE THE BELOW CLEANUP MESSAGES
===================================================================================
YOUR APPLICATION TERMINATED WITH THE EXIT STRING: Segmentation fault (signal 11)
This typically refers to a problem with your application.
Please see the FAQ page for debugging suggestions
call init_zero_tendency
calling inc/HALO_EM_PHYS_A_inline.inc
call phy_prep
DEBUG wrf_timetoa(): returning with str = [2020-01-21_00:03:00]
call radiation_driver
Top of Radiation Driver
CALL cldfra2
CALL rrtm
CAM-CLWRF interpolated values______ year: 2020 julian day: 20.00208
CAM-CLWRF co2vmr: 3.7900000461377203E-004 n2ovmr: 3.1900000863060995E-007 ch4vmr: 1.7739999975674436E-006
Attachments
• namelist.input
8.2 KB · Views: 1
• namelist.wps
1,021 bytes · Views: 1
• rsl.error.0000
1.3 MB · Views: 3
• rsl.out.0000
1.3 MB · Views: 2
Hi,
It's hard to say for sure why the model is stopping, but I have a few suggestions.
1) I see that you're using wrfv3.6. Is there a specific reason why you need to use this older version? That code is nearly 10 years old now and several modifications and bug fixes have been implemented into the code since then. We no longer support code that old. If you're able, I would strongly recommend using a newer version of the model.
2) Your domain sizes are too small. For any realistic results, each domain needs to be at least 100x100. Take a look at the best practices mentioned on this page to help guide your domain set-up.
3) I see that you're using grid nudging. You should test to see if this runs without grid nudging (and any other special options) first. That way you can rule out whether the issue is the settings or the input data, etc.
4) Regarding input - often when the model stops right at the beginning, it means there is an issue with the input data. Take a look at What is the most common reason for a segmentation fault? for some additional information.
If you try this with the latest version of WRF (V4.5.2) and make the modifications I've mentioned above, and verify that the input data is all okay, and it still fails, please package all of your rsl* files into a single *.tar file and attach that, along with the modified namelist.input file. Thanks!
Top
|
ESSENTIALAI-STEM
|
Visiting a Website With .Com At the End of It? This Company Made Money Because of That
T
o find injury reports so you can know who to sit and who to start for your fantasy football roster, you can visit NFL.com. To find out if it might rain all week, you can visit Weather.com. And to find tech gadgets to put under the tree this Christmas, you can visit BestBuy.com.
To get to those websites, all you have to do is type the web address into a search bar and hit “enter.” It’s simple on our end, but not many people think about the work that goes on behind the scenes to make sure you end up where you want to go. When you dig into how that works, you’ll find an investable opportunity… in a company that Warren Buffett’s Berkshire Hathaway Inc. has invested $2.5 billion in as of Sept. 30, 2022.
Verisign acts a directory for the internet, sending people where they are trying to go on websites that end in .com or .net.
Verisign Quick Facts
CEO: James Bidzos
Market Cap: $21.32 billion
Dividend: No
2021 Revenue: $1.3 billion
TradeSmith Risk Level: Medium
Each time a new .com or .net domain is registered or renewed, Verisign Inc. (VRSN) makes money, acting as a type of “toll collector.” If companies or individual website owners want people to reach a .com or .net site, they have to initially pay or renew that toll to let people through. Like most tech stocks, Verisign has experienced a sell-off in 2022, dropping more than 50% for the year as of this writing, but it has been able to provide steady revenue growth.
As you look ahead for new investment ideas and companies to add to your watchlist, there are a few reasons why we want to put VRSN on your radar. The first reason is that Verisign is repurchasing its stock. A 2017 Harvard Business Review report found that firms that buy back their shares beat their peers by 12.1% over the next four years. That should be good news for Verisign shareholders, as the company bought back $275 million worth of stock in Q3 2022. It also has additional authorization to repurchase $803 million worth of stock, which brings the total amount authorized to $1 billion.
The second reason we want to put VRSN on your radar is that billionaires love this company. In addition to Buffett’s Berkshire Hathaway, there are three other billionaires we track in our Billionaires Club who own the stock:
Lee Ainslie
William von Mueffling
Arnold Van Den Berg
Ainslie is the founder of Maverick Capital and a protégé of Julian Robertson; Robertson ran Tiger Management and has been called one of the fathers of the modern hedge fund industry. Von Mueffling rose to fame with Lazard Asset Management by posting 30% annualized returns from 1998 to 2003. He then went on to launch Cantillon Capital Management in 2003.
And Van Den Berg considers himself a student of Benjamin Graham, the famed author of “The Intelligent Investor.” Van Den Berg founded Century Management in 1974, operating under a value investing approach. He was featured in the book “The World’s 99 Greatest Investors: The Secret of Success.”
Billionaire investors’ fortunes are proof of their investing acumen, so it’s always worthwhile to track their moves because you can piggyback right off of their success.
The third and final reason we think VSRN is worth monitoring is that the stock entered our Green Zone on Dec. 5, which is considered a “buy signal.” This means that our algorithms working behind the scenes have determined that the stock is in a healthy state.
This is a stock that could fit into anyone’s portfolio, but it may be most attractive to conservative and moderate investor personalities. (You can find out more about the different types of investing personalities and the corresponding moves for each type to make with this free resource.) This is because of its status in the Green Zone and the fact that it has a lower Volatility Quotient (VQ) of 22.30%, classifying it as a medium-risk investment.
If you would like to learn more about how to have this type of advice hit your inbox Monday through Friday in TradeSmith Daily, you can find out more here.
The views and opinions expressed herein are the views and opinions of the author and do not necessarily reflect those of Nasdaq, Inc.
|
NEWS-MULTISOURCE
|
Title
Is There a Sex Difference With Aging In Stimulus-Response Characteristics of The Lower Limb?
Document Type
Article
Language
eng
Format of Original
1 p.
Publication Date
5-2016
Publisher
American College of Sports Medicine
Source Publication
Medicine & Science in Sports & Exercise
Source ISSN
0195-9131
Abstract
PURPOSE: The aim of this study was to compare the input-output characteristics of the motor cortex of young and old men and women.
METHODS: MEPs of the vastus lateralis (VL) were recorded from 11 young (19-30 yr, 6 women) and 26 old adults (61-79 yr, 13 women) with bipolar EMG electrodes by delivering single-pulse TMS over the motor cortex. The active motor threshold (AMT) was determined and MEPs elicited at increasing intensities (5% increments of simulator output, SO) during intermittent isometric contractions at 10% maximal voluntary contraction. MEP amplitudes were expressed relative to the resting maximal compound muscle action potential of the VL (Mmax) and plotted against the SO (%AMT) to generate an input-output curve and determine the following parameters: the estimated maximal MEP amplitude (MEPmax), the stimulus intensity required to elicit a response equal to half MEPmax (S50), and the peak slope of the sigmoidal curve.
RESULTS: AMT was similar between the young and old adults (44.9 ± 9 vs 47.4 ± 4.4 %SO, respectively) and between men and women (54.4 ± 9.6 vs 54.8 ± 12.2 %SO respectively). Mmax was less in young women (10.41 ± 1.72 mV) compared with young men (17.28 ± 2.8 mV, Pmax, young women and men were similar for the MEPmax (35.3 ± 15.1 vs 34.8 ± 23.7 %Mmax, P>0.05), peak slope (0.08 ± 0.04 vs 0.13 ± 0.06, P>0.05). However, S50 was lower in young women compared with young men (110.9 ± 5.9 vs 124.3 ± 5.5 %AMT). Mmax was less in old women compared with old men (6.5 ± 2.4 vs 10.9 ± 3.7 mV, Pmax, old women and men were similar for the MEPmax (30.7 ± 17.5 vs 31.7 ± 11.7 %Mmax, P>0.05), peak slope (0.091 ± 0.02 vs 0.084 ± 0.03, P>0.05) and the S50 (113.9 ± 13.2 vs 123.3 ± 17.5 %AMT, P>0.005).
CONCLUSION: When normalized to the compound muscle action potential, there were minimal sex differences for the young and old adults in most input-output characteristics and AMT of the knee extensor muscles.
Comments
Medicine & Science in Sports & Exercise, Vol. 48, No. 5S (May 2016): 414. DOI.
|
ESSENTIALAI-STEM
|
TROY LITTLE v. WARDEN, STATE PRISON
Superior Court, Judicial District of Tolland
File No. CV-08-4002685-S
Memorandum filed August 26, 2011
Robert T. Rimmer, for the petitioner.
David Clifton, deputy assistant state’s attorney, for the respondent.
Affirmed. Little v. Commissioner of Correction, 147 Conn. App. 520, 83 A.3d 701 (2014).
BRIGHT, J.
The petitioner, Troy Little, alleges in his Amended Petition for a writ of habeas corpus, filed on December 20, 2010, that he was denied the effective assistance of counsel prior to his criminal trial, at his criminal trial, and on appeal from his conviction. In particular, the petitioner claims in Count One that his trial counsel, Attorney Thomas Farver, failed to: (1) communicate to him a plea bargain offer made by the state; (2) properly examine a key witness; and (3) request “balanc[ing]” language in the court’s consciousness of guilt charge. In that same count, the petitioner alleges that his appellate counsel, Richard E. Condon, Jr., failed to adequately address the consciousness of guilt charge on appeal.
The trial of the matter was concluded before the court on May 13, 2011. The court heard from five witnesses: the petitioner; Attorney Farver; Attorney Con-don (by deposition), Attorney John Waddock, the prosecutor in the petitioner’s criminal case; and Darrin Stanley (by videoconference), the witness whom the petitioner alleges was not properly examined by Attorney Farver. The court also received as exhibits: Attorney Farver’s notes of a conversation with Attorney Waddock (Pet. Ex. 1); the transcripts of the trial in the underlying criminal case (Pet. Ex. 2-4; Resp. Ex. A); documents related to the petitioner’s appeal (Pet. Ex. 5-8); and the notice and transcript of Attorney Condon’s deposition (Pet. Ex. 9-10).
BACKGROUND
The petitioner was the defendant in a criminal case, docket number CR-01-0499262, in the Judicial District of New Haven, in which he was charged with murder in violation of General Statutes § 53a-54a and carrying a pistol without a permit in violation of General Statutes § 29-35. The jury found the petitioner not guilty of murder, but found him guilty of the lesser included offense of manslaughter in the first degree with a firearm in violation of General Statutes § 53a-55a and of the carrying a pistol without a permit charge. The trial court sentenced the petitioner to a total effective sentence of thirty-two years to serve. The petitioner was represented at the trial court level by Attorney Farver.
The petitioner appealed his conviction to the Appellate Court, where he raised two grounds. First, he argued that the trial court violated his due process rights by marshaling the evidence in favor of the state. Second, he argued that the prosecutor committed misconduct that resulted in a denial of the petitioner’s due process rights to a fair trial. The appellate court rejected the petitioner’s claims and affirmed his convictions. State v. Little, 88 Conn. App. 708, 870 A.2d 1170, cert. denied, 274 Conn. 916, 879 A.2d 895 (2005). Attorney Condon represented the petitioner both on his appeal and his unsuccessful petition for certification to our Supreme Court.
As set forth by our Appellate Court, the jury reasonably could have found the following facts. “On the evening of August 16, 2000, the [petitioner] was walking with four young women along the sidewalk on Lilac Street in New Haven. The victim, Kishawn Council, drove a black car alongside the group as it walked. There were three other men in the victim’s car. The victim called out to the women to get their attention, and the [petitioner] began to stare into the victim’s car. The victim asked the [petitioner], ‘What you looking at?’ and the [petitioner] and the victim, began to argue. The victim’s car continued to follow alongside the group as the two men argued.
“When the [petitioner] and the women reached the comer of Lilac and Newhall Streets, they turned right and continued down Newhall Street. The victim followed the group and then stopped his car on Newhall Street. The victim got out of his car and approached the [petitioner]. The [petitioner] picked up a stick and continued to argue with the victim. The victim punched the [petitioner] in the face, and the [petitioner] tried to hit the victim with the stick. The victim began to choke the [petitioner] to the point where the [petitioner] was ‘on his tippy-toes about to come off his feet.’ The two men then fell to the ground as the [petitioner] tried to break free.
“A bystander broke up the fight and separated the two men. The victim returned to his car, and the [petitioner] ran across the street to a friend who was standing nearby. The [petitioner] yelled to his friend, asking him for a gun. The [petitioner’s] friend initially refused but gave a nine millimeter black handgun to the [petitioner] after he saw the victim reach inside the car. Armed with the gun, the [petitioner] started to run after the victim. The [petitioner] chased the victim in between two houses on Lilac Street and then fired at the victim from the driveway between the two houses.
“The next morning, one of the occupants of the house at 25 Lilac Street found the victim’s body on the back steps of the house. The cause of death later was determined to be a gunshot wound to the jaw, which traveled through the victim’s neck causing extensive bleeding. The [petitioner] surrendered himself to the police on April 1, 2001, and he was arrested. He was charged with murder and carrying a pistol without a permit. A jury found the [petitioner] guilty of the lesser included offense of manslaughter in the first degree with a firearm and of carrying a pistol without a permit.” Id., 710-11. Additional facts will be discussed as necessary.
LEGAL STANDARD
“The principal purpose of the writ of habeas corpus is to serve as a bulwark against convictions that violate fundamental fairness. ... To mount a successful collateral attack on his conviction, a prisoner must demonstrate a miscarriage of justice or other prejudice and not merely an error which might entitle him to relief on appeal. ... In order to demonstrate such a fundamental unfairness or miscarriage of justice, the petitioner should be required to show that he is burdened by an unreliable conviction.” (Citations omitted; internal quotation marks omitted.) Summerville v. Warden, 229 Conn. 397, 419, 641 A.2d 1356 (1994). Here, the petitioner claims that the ineffective assistance of his trial and appellate counsel has led to such a result. “A convicted defendant’s claim that counsel's assistance was so defective as to require reversal of a conviction . . . has two components. First, the defendant must show that counsel’s performance was deficient. . . . Second, the defendant must show that the deficient performance prejudiced the defense. . . . Unless a defendant makes both showings, it cannot be said that the conviction . . . resulted from a breakdown in the adversary process that renders the result unreliable.” Strickland v. Washington, 466 U.S. 668, 687, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984).
“The first component, generally referred to as the performance prong, requires that the petitioner show that counsel’s representation fell below an objective standard of reasonableness. ... In Strickland, the United States Supreme Court held that [j]udiciai scrutiny of counsel’s performance must be highly deferential. It is all too tempting for a [petitioner] to second-guess counsel's assistance after conviction or adverse sentence, and it is all too easy for a court, examining counsel’s defense after it has proved unsuccessful, to conclude that a particular act or omission of counsel was unreasonable. ... A fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel’s challenged conduct, and to evaluate the conduct from counsel’s perspective at the time. Because of the difficulties inherent in making the evaluation, a court must indulge a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance; that is, the [petitioner] must overcome the presumption that, under the circumstances, the challenged action might be considered sound trial [or appellate] strategy. . . . [C]ounsel is strongly presumed to have rendered adequate assistance and made all significant decisions in the exercise of reasonable professional júdgment.” (Internal quotation marks omitted.) Henderson v. Commissioner of Correction, 80 Conn. App. 499, 504, 835 A.2d 1036 (2003), cert. denied, 267 Conn. 918, 841 A.2d 1190 (2004). In particular, counsel’s decision not to call certain witnesses or offer certain evidence for strategic reasons is entitled to this strong presumption of reasonableness. Grant v. Commissioner of Correction, 103 Conn. App. 366, 368, 928 A.2d 1245, cert. denied, 284 Conn. 921, 933 A.2d 723 (2007).
As to the prejudice prong, “[a]n error by counsel, even if professionally unreasonable, does not warrant setting aside the judgment of a criminal proceeding if the error had no effect on the judgment. . . . The purpose of the Sixth Amendment guarantee of counsel is to ensure that a defendant has the assistance necessary to justify reliance on the outcome of the proceeding. Accordingly, any deficiencies in counsel’s performance must be prejudicial to the defense in order to constitute ineffective assistance under the Constitution.” Strickland v. Washington, supra, 466 U.S. 691-92. Consequently, the petitioner must affirmatively show that his counsel’s performance had an adverse impact on the defense. Id., 693. Put another way, in order to meet the prejudice prong, the petitioner must prove that “there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome.” Id., 694.
Our Supreme Court recently refined the prejudice standard as it relates to claims of ineffective assistance of appellate counsel. In Small v. Commissioner of Correction, 286 Conn. 707, 720-22, 946 A.2d 1203, cert. denied sub nom. Small v. Lantz, 555 U.S. 975, 129 S. Ct. 481, 172 L. Ed. 2d 336 (2008), the court determined that the proper question is not whether there is a reasonable probability that a new trial would lead to a different outcome but for appellate counsel’s error, but instead whether there is “a reasonable probability that, but for his counsel’s [error, the petitioner] would have prevailed on his appeal.” (Internal quotation marks omitted.) Id., 720. “[T]o determine whether a habeas petitioner had a reasonable probability of prevailing on appeal, a reviewing count necessarily analyzes the merits of the underlying claimed error in accordance with the appropriate appellate standard for measuring harm.” Id., 722. The count emphasized that “the task before [the count] is not to conclude definitively whether the petitioner, on appeal, would have prevailed .... Rather, the task before [the court] is to determine, under Strickland, whether there is a reasonable probability that the petitioner would have prevailed on appeal.” (Emphasis in original.) Id., 731.
DISCUSSION
I
First, the petitioner claims that Attorney Farver failed to inform him of a plea bargain offer from the state. The following additional facts are relevant to this claim.
On or about September- 12, 2002, several months before the petitioner’s trial began, Attorney Farver had a pretrial conference with Attorney Waddock and the court, Fasano, J. Dining that conference there was some discussion about a possible resolution of the petitioner’s case. Both Attorney Waddock and Attorney Farver testified that Attorney Waddock said during the conference that he would consider reducing the murder charge to manslaughter with a firearm if the petitioner was willing to plead guilty to that charge. That testimony was corroborated by Attorney Farver’s brief notes of the conference. (Pet. Ex. 1.) At no time before, during, or after that conference did Attorney Waddock or the court convey any specific offer to Attorney Farver. Attorney Farver could not say whether he conveyed Attorney Waddock’s overture to the petitioner. The petitioner testified that it was never conveyed. Nevertheless, Attorney Farver testified credibly that he had talked to the petitioner on a number of occasions regarding the possibility of negotiating a plea in his case, and that the petitioner steadfastly refused to consider pleading guilty to anything. The petitioner’s position did not change from the beginning of Attorney Farver’s representation of the petitioner through the conclusion of the petitioner’s trial. The petitioner admitted that he told Attorney Farver that he was not interested in pleading guilty, but claimed he would have been willing to consider an offer of something around twenty years.
The petitioner now claims that he was deprived of the opportunity to negotiate for such an offer because Attorney Farver never told him about Attorney Wad-dock’s overture. He makes this argument despite the lack of any evidence that the state would have ever made such an offer. For the reasons set forth below, the petitioner’s argument is without merit.
The law is clear that defense counsel has an obligation to meaningfully explain to his client any plea offer made by the state. Sanders v. Commissioner of Correction, 83 Conn. App. 543, 851 A.2d 313, cert. denied, 271 Conn. 914, 859 A.2d 569 (2004). In Sanders, the Appellate Court affirmed the habeas court’s conclusion that failure to communicate an offer constituted deficient performance under the first prong of Strickland. Id., 548-52. It further held that where the habeas court found that there was evidence that the petitioner would have accepted the offer had it been communicated, the prejudice prong of Strickland was also met. Id., 552-53. Consequently, the court affirmed the habeas court’s decision, which ordered that the petitioner’s sentence be reduced to the “plea offer pending his entering of guilty pleas in accordance with the terms of the offer.” Id., 547.
The problem for the petitioner is that the facts of this case are a far cry from those in Sanders. In Sanders, there was a firm offer that the prosecutor communicated to the petitioner’s counsel. The court found that the offer was never meaningfully communicated to the petitioner. The petitioner also testified that had he been aware of the offer he would have accepted it. Finally, the sentence the petitioner received after being found guilty at trial was indisputably longer than the offer the state had made. None of those facts are present here.
First, the evidence is undisputed that Attorney Wad-dock never made an offer to Attorney Farver. The only thing he did was suggest a possible reduced charge, if the petitioner was willing to plead guilty. Attorney Waddock never suggested a possible sentence should the petitioner be willing to plead to the lesser charge. Consequently, unlike in Sanders, there was nothing that Attorney Farver could have conveyed to the petitioner that was capable of acceptance.
Second, the court credits Attorney Farver’s testimony that the petitioner steadfastly refused to discuss any resolution of his case short of a trial. His position remained unchanged through the conclusion of trial. Attorney Faxver having heard the petitioner repeatedly state his position that he wanted a trial, the court cannot say it was deficient performance for Attorney Farver not to convey Attorney Waddock’s overture that was premised on the petitioner completely changing his position.
Third, the petitioner testified that he would have considered an offer of approximately twenty years. There was absolutely no evidence that such an offer would have ever been made. Consequently, unlike in Sanders, the petitioner has presented no evidence that he would have accepted what was on the table. Even if the court were to consider Attorney Waddock’s reference to the lesser included offense of manslaughter with a firearm a firm offer, which it was not, there is no evidence that the petitioner was willing to accept the maximum penalty of forty years to which he would have been exposed under that statute. The court was presented with nothing more than the petitioner’s wishful thinking that Attorney Waddock would have agreed to a sentence of approximately half the maximum, or less. Put another way, the petitioner cannot meet his burden of proving prejudice by showing he would have accepted an offer that was never made.
Finally, unlike in Sanders, the petitioner has presented no evidence that he did worse at trial than he would have done through a plea. This case might be different if the petitioner had been found guilty of murder and given a longer period of incarceration than would have been available for the lesser charge suggested by Attorney Waddock. That, however, is not what happened. The petitioner was acquitted of the murder charge and found guilty of the same manslaughter charge Attorney Waddock was willing to consider if the petitioner had been willing to plead guilty. The trial court sentenced the petitioner to thirty years of incarceration on that charge, and a total effective sentence (including the pistol without a permit charge) of thirty-two years. Both sentences are below the maximum of forty years to which the petitioner could have been sentenced had he pled guilty just to the manslaughter charge. Because there is absolutely no evidence that the petitioner would have received a lesser sentence had he pled guilty, he has failed to meet his burden to prove prejudice under the second prong of Strickland.
Recognizing that this case diverges significantly from the facts in Sanders, the petitioner asks the court to apply the holding from a decision of the Tennessee Supreme Court. In Harris v. State, 875 S.W.2d 662 (Tenn. 1994), the petitioner moved to set aside his conviction for assault with intent to commit murder, for which he received a sentence of thirty-five years to serve. He claimed that he received ineffective assistance of counsel because his trial attorney failed to communicate to him an offer of five years to serve. The postconviction court, the intermediate court of appeals, and the Tennessee Supreme Court all agreed that the petitioner had established that his trial counsel was ineffective because he did not communicate the state’s offer to the petitioner. They also all agreed that the petitioner was prejudiced because he received a sentence after trial much longer than what he would have received had he accepted the state’s offer. In these respects, Harris is no different than Sanders.
What distinguishes the two cases is what occurred when James D. Harris’ postconviction petition was first assigned in the trial court. The matter was originally assigned to the same judge who had sentenced Harris after his conviction trial. That judge entered a detailed “order of recusal and opinion”; (internal quotation marks omitted) id., 664; in which he recounted the history and facts of the case and then stated, “this Court must conclude that the plea offer addressed in the Petition would have been rejected by the Court and another one would not have been presented for acceptance by the State. ... A new trial will not address the issue .... If the Court sets the conviction aside and requires the District Attorney General to re-submit the plea for the Defendant’s consideration, in all honesty, this court would reject the plea, and would have originally had it been submitted to this Court.” (Internal quotation marks omitted.) Id. The state relied on this language to argue that the petitioner was not prejudiced because the “offer” was never really available if the trial judge would not have accepted it. Id.
The court rejected the state’s argument. It held that the petitioner had met both prongs of Strickland. Id., 664-65. At the same time, though, it recognized that the petitioner was not entitled to a negotiated sentence that was not approved by the court. Consequently, it ordered the case “remanded to the trial court for a hearing by a new judge in which the State is directed to reinstate its original guilty plea offer and negotiate in good faith. If accepted by the defendant, the trial court may utilize its discretion to accept or reject this or any other plea agreement which may be negotiated. Otherwise, the case will stand for trial in due course.” Id., 667.
The petitioner here argues that this court should order a similar remedy to address Attorney Farver’s failure to communicate Attorney Waddock’s overture. While creative, the petitioner’s argument stretches the reasoning of Harris too far. As noted above, here there is no evidence of a concrete offer, and no evidence that the petitioner did worse at trial than he would have done had a plea been negotiated. Furthermore, the court credits Attorney Farver’s testimony that the petitioner repeatedly told him prior to trial that he was unwilling to enter into any plea agreement. Having taken such a steadfast position prior to trial, the petitioner’s claim now that, had he known of Attorney Waddock’s overture, he would have been willing to negotiate is just not credible.
Unlike in Sanders and Harris, the evidence presented here fails to prove either deficient performance or prejudice. Consequently, the petitioner’s claim regarding the overture from Attorney Waddock is rejected.
II
The petitioner’s second claim is that Attorney Farver failed to properly question Darrin Stanley. The following additional facts are relevant to this claim. The state claimed at the petitioner’s criminal trial that Stanley either gave the petitioner the gun used to kill the victim or showed him where the gun was. Prior to trial, Stanley gave the police a twenty-eight minute tape-recorded statement in which he admitted at least having near him a gun the petitioner retrieved shortly after his fight with the victim. At trial, Stanley testified in response to questions from both Attorney Waddock and Attorney Farver that his recorded statement was not the truth. (Resp. Ex. A., Tr. 5/15/2003, pp. 13-16, 59.) In fight of Stanley’s testimony, the state offered the tape-recorded statement as a full exhibit under State v. Whelan, 200 Conn. 743, 513 A.2d 86, cert. denied, 479 U.S. 994, 107 S. Ct. 597, 93 L. Ed. 2d 598 (1986), and its progeny. The court admitted the statement over Attorney Farver’s objection.
The statement was admitted through the testimony of Detective John Bashta, one of the detectives who interviewed Stanley and recorded the statement. During his voir dire examination of Detective Bashta, Farver brought out the fact that Stanley was questioned for approximately two hours before the tape recorder was turned on. (Id., pp. 25-26, 31.) Attorney Farver got Detective Bashta to admit that during those first two hours Stanley denied giving a gun to the petitioner or showing the petitioner where he could find a gun. (Id., pp. 51-52.) Detective Bashta also admitted on cross-examination that Stanley only admitted to involvement with the gun after Bashta told Stanley that other witnesses told the police that Stanley did give a gun to the petitioner. (Id., pp. 52-53.) Detective Bashta further acknowledged that while he met Stanley at his home with his mother, the interview and tape recording were done at the police station without Stanley’s mother there. (Id., pp. 53-54.) Farver was also able to establish through Detective Bashta that Stanley was only sixteen years old at the time, did not read well, and was in a special education class in school. (Id., p. 49.) He also established that Stanley was never given a transcript of the tape-recorded interview to review for accuracy, nor did he sign such a transcript indicating that the statement was true. (Id., p. 27.)
The state also introduced the testimony of three other witnesses, James Sessler, David Bethea, and Esther Massey, who all testified that the petitioner approached Stanley looking for a gun. (Resp. Ex. A., Tr. 5/13/2003, pp. 57-60, 142-47; Tr. 5/15/2003, pp. 76-77.) Sessler testified that Stanley handed the gun to the petitioner. (Resp. Ex. A, Tr. 5/15/2003, p. 77.) Bethea and Massey both testified that they heard the petitioner ask Stanley for a gun and saw the petitioner “pat down” Stanley’s body in apparent search of the weapon. (Resp. Ex. A, Tr. 5/13/2003, pp. 60, 147.) Bethea also testified that after the patdown, he saw the petitioner pick up the gun, which was lying near a fence close to Stanley. (Id., pp. 60-61.)
The petitioner claims that Attorney Farver’s performance was deficient because he did not ask Stanley enough questions about the gun. In particular, he claims that Attorney Farver should have specifically asked Stanley if he gave a gun to the petitioner, had a gun near him or showed the petitioner where to get a gun. The petitioner called Stanley as a witness in this matter, and Stanley testified that he never made a gun available to the petitioner. Attorney Farver testified that he made a strategic decision not to ask Stanley those specific questions because he did not know what Stanley would say. Stanley had testified that his statement to the police was untruthful, and included in that statement was Stanley’s statements about a gun being available to the petitioner. According to Attorney Farver, the admission that the statement was untruthful was enough for Farver to argue to the jury that Stanley denied giving the petitioner the gun or seeing him retrieve a gun.
Based on the evidence presented, the court cannot find that Attorney Farver’s performance regarding Stanley was ineffective. The jury heard from Stanley more than once, including during Attorney Farver’s questioning, that his statement to the police was not true. Attorney Farver’s decision not to ask any follow-up questions was a tactical one entitled to a strong presumption of reasonableness. That presumption has not been overcome here. Attorney Farver decided to attack Stanley’s statement in other ways. During his cross-examination of Detective Bashta, Attorney Farver undermined the reliability of the statement, particularly as it related to Stanley’s discussion of a gun and the petitioner. In his closing argument, Attorney Farver emphasized the manner in which the police obtained Stanley’s recorded statement and the fact that Stanley testified at trial that the statement was not the truth. In doing so, he focused specifically on the issue of whether Stanley provided the petitioner with a gun. While petitioner in hindsight might wish that Attorney Farver had asked Stanley a couple of more questions, Attorney Farver’s approach to the issue was very reasonable. He first objected to the admission of Stanley’s statement. When it was admitted, he took a calculated and sound approach to undermining its reliability. There was no deficient performance.
Nor has the petitioner established any prejudice. As noted above, three other witnesses testified that the petitioner sought a gun from Stanley, and two testified that they saw the petitioner get a gun either directly from Stanley or from his immediate vicinity. The jury obviously believed these witnesses over Stanley’s denial that his statement to the police was untrue. There is no reasonable probability that the result would have been different had Stanley also explicitly told the jury, “I did not give a gun to Troy Little.” Consequently, the petitioner has also failed to meet the second prong of Strickland as to this claim.
Ill
The third issue raised by the petitioner, as to both trial and appellate counsel, relates to the trial court’s consciousness of guilt charge. The following additional facts are relevant to this claim. Shortly after the victim was shot, the petitioner left Connecticut for North Carolina. The petitioner testified before the jury that he went to North Carolina to visit a friend. (Resp. Ex. A., Tr. 5/ 19/2003, pp. 82-83.) He spent three weeks in North Carolina before traveling to New York City. (Id.) The petitioner testified that upon arriving in New York he called his family for the first time since he left Connecticut and learned that the New Haven police were looking for him in connection with the victim’s death. (Id., pp. 83-84.) The petitioner testified at his criminal trial and before this court that he did not immediately contact the New Haven police or return to Connecticut because he was “scared” of the police. (Id.) Instead, he stayed in New York for five or six months until a family friend convinced him to turn himself in. (Id., pp. 84-85.) The petitioner did so on April 1, 2001. (Id., p. 87.) Based on the petitioner’s flight from Connecticut following the victim’s shooting, the state requested that the court give a consciousness of guilt charge to the jury. Attorney Farver objected to the charge because it would highlight the evidence as opposed to allowing the jury to receive it as it would any other evidence. (Id., Tr. 5/20/2003, p. 4.) Attorney Farver did not have any objection to the language of the trial court’s proposed charge. (Id.) Nor did Attorney Farver propose any additional language to the charge. The court overruled Attorney Farver’s objection and gave the following charge:
“Now, I’m going to speak with you concerning a concept we call consciousness of guilt. The law of our state recognizes a concept which is known as consciousness of guilt. When a person is on trial for a criminal offense, it is proper for you to consider evidence of the defendant’s conduct subsequent to the alleged criminal offense to show that the defendant had a guilty knowledge. In other words, this evidence would tend to show that the defendant was conscious of his own guilt, and his actions were in accordance with a guilty mind.
“You have heard testimony which the state asserts showed that the defendant, knowing that he was wanted for the murder of Mr. Krshawn Council, sought to avoid apprehension and fled the state. This evidence of flight is admissible to show a guilty consciousness and, if believed, is a circumstance which, when considered together with all the facts of the case, may justify a finding of guilty. It is for you, however, to decide whether the defendant’s actions reflected a guilty mind.
“Moreover, should you determine that the defendant’s actions do provide evidence of a guilty mind, then it is still for you to determine what weight, if any, you wish to attribute to this evidence.” (Id., pp. 69-70.)
After the court concluded its charge, Attorney Farver restated his objection to the consciousness of guilt charge because “it highlights what is simply otherwise simply evidence, and by doing so seems to place it on a pedestal that it does not warrant, and it’s like any other circumstantial evidence and certainly should fall within that charge.” (Id., pp. 99-100.) Attorney Farver also noted that he was not taking exception to the “actual language used” in the charge. (Id.) On appeal, Attorney Condon did not raise any issues relating to the court’s consciousness of guilt charge.
The petitioner first claims that Attorney Farver’s performance was deficient because he failed to request innocent explanation balancing language in the consciousness of guilt charge. In particular, he claims that Attorney Farver should have requested that the court tell the jury that the petitioner claims that he went to North Carolina, not to flee from a crime, but to visit a friend. In addition, he stayed in New York City even though he knew the police were looking for him, not because he was trying to evade apprehension, but because he was afraid of the New Haven police. For the reasons set forth below, this claim is rejected.
At the outset, it is important to bear in mind that the trial court was not required to include innocent explanation language in its consciousness of guilt charge. State v. Freeney, 228 Conn. 582, 594, 637 A.2d 1088 (1994); see State v. Hines, 243 Conn. 796, 813, 709 A.2d 522 (1998); State v. Luther, 114 Conn. App. 799, 820, 971 A.2d 781, cert. denied, 293 Conn. 907, 978 A.2d 1112 (2009). In Luther, the defendant argued, as does the petitioner here, that by only referring to the state’s evidence of flight and not the defendant’s innocent explanation, the court’s charge was unbalanced and unfairly marshaled the evidence for the state. The court rejected the defendant’s argument, holding that “[although the trial court’s instruction did not contain an innocent explanation provision, it explicitly instructed the jury that the evidence of flight did not raise a presumption of guilt. Accordingly, the absence of an innocent explanation did not improperly suggest that the jury should endorse the state’s version of the events.” State v. Luther, supra, 820. Similarly, here, the trial court told the jury it was for them to decide whether the petitioner’s actions reflected a guilty conscience. The court also told the jury it was for them to determine what weight, if any, to give the evidence of flight. Therefore, it is clear that the trial court’s consciousness of guilt instruction was legally correct, and that the petitioner was not entitled to have innocent explanation language included in it.
The petitioner claims that even if the court was not required to include the innocent explanation language, Attorney Farver should have requested it, and had he done so, the court might have included it. Because the trial court was not required to include such language, this argument is, at best, speculative. Furthermore, Attorney Farver testified that it is his practice to always object to the consciousness of guilt charge in its entirety, because he thinks the underlying basis for the charge is flawed. In this case, he articulated this reasoning to the trial court when he objected to the charge. He further testified that, given his overriding objection to the charge, he chooses never to submit any proposed language regarding it. The court cannot say that such a strategic approach is unreasonable. Putting the entire charge at issue without offering mitigating language can highlight the significance of the legal question on appeal. On the other hand, the inclusion of balancing language might lead a court to conclude that the charge overall was not particularly harmful because it explained both sides’ theories. Deciding which objections to raise and how best to preserve an issue for appeal are classic strategic decisions that are entitled to a strong presumption of reasonableness. The petitioner has presented no evidence to overcome that presumption here.
Furthermore, the petitioner has not shown any prejudice. The petitioner explained to the jury his reasons for leaving Connecticut and not returning from New York. The petitioner was the last witness to testify, and he did so the day before the court delivered its charge to the jury. Thus, the jury had an opportunity to consider his innocent explanations, keeping in mind the court’s instruction that it was up to them to determine whether the petitioner’s actions reflected a consciousness of guilt. The lack of innocent explanation language in the court’s consciousness of guilt charge in no way undermines this court’s confidence in the outcome of the trial.
Finally, the petitioner claims that Attorney Condon’s performance was deficient because he did not raise any issues relating to consciousness of guilt on appeal. In particular, the petitioner claims that Attorney Condon should have raised the objection to the charge which Attorney Farver had properly preserved. This claim is without merit. The fact that Attorney Farver thought the issue might be worth raising on appeal, does not mean that Attorney Condon was required to agree with him. The trial court’s consciousness of guilt instruction was legally correct and could only be overturned on appeal if the Appellate or Supreme Court decided to reverse the long-standing jurisprudence on the subject. Given the long acceptance and approval by those courts of consciousness of guilt instructions, it is not surprising that Attorney Condon would conclude, as he did, that the issue had little chance of success on appeal, and was not worth raising. (Pet. Ex. 10, pp. 15, 26-27, 31.)
Furthermore, Attorney Condon testified that the sole focus of his practice from 1997 through 2005 was representing criminal defendants in appeals. (Id., p. 22.) During that time he handled approximately forty such appeals. (Id.) He testified that his approach to appeals is not to take a “shotgun approach” and raise several issues, but instead to focus on the strongest claims. (Id., p. 24.) He testified that he reviewed the record regarding the consciousness of guilt charge and made a tactical decision not to raise the argument. (Id., pp. 27-28.) Given the state of the law at the time, such a decision was clearly reasonable.
In any event, because the trial court’s charge was legally correct, the petitioner can demonstrate no prejudice. Even had Attorney Condon raised the issue, there was no reasonable probability that the petitioner would have succeeded on his appeal. Consequently, he can meet neither prong of Strickland and Small on this claim.
CONCLUSION
For all the foregoing reasons, the petition is DENIED.
The petitioner restates this claim in Count Two of the Amended Petition and makes specific reference to our Appellate Court’s decision in Sanders v. Commissioner of Correction, 83 Conn. App. 543, 851 A.2d 313, cert. denied, 271 Conn. 914, 859 A.2d 569 (2004). The court can discern no substantive difference between the plea bargain offer claims set forth in the two counts. Consequently, the court’s analysis of the claim in Count One applies with equal force to the claim asserted in Count Two.
The decision in Harris refers to the petitioner’s request for “post-conviction relief . . . .” Harris v. State, supra, 875 S.W.2d 663. Although the court does not specifically mention the writ of habeas corpus, it does apply the Strickland test to trial counsel’s conduct. Consequently, the Tennessee “post-conviction” proceeding appears to be the functional equivalent of our habeas corpus procedure.
While both the tape-recorded statement and a transcript of the recording were admitted into evidence at the petitioner’s criminal trial, neither was provided to the court in this proceeding. Thus, it is unclear exactly what Stanley told the police regarding the gun. A review of the questioning of Detective Bashta and the attorneys’ closing arguments provides enough information for the court to conclude that Stanley, at the very least, told the police when he was being recorded that he had the gun in his possession and dropped it near him, where the petitioner found it.
|
CASELAW
|
User:IagoQnsi/todo
My list of things I intend to maybe eventually get done. (list may be outdated and confusing -- it's only intended for my own benefit!)
* FC Cincinnati stuff
* Finish User:IagoQnsi/sandbox/FC Cincinnati v Chicago Fire (June 2017) and publish it.
* Clean up mess on main FC Cincinnati article.
* Write article for soccer-specific stadium (probably needs to wait for final announcements on if it'll actually happen in December 2017).
* Add transfer history to 2016 FC Cincinnati season and 2017 FC Cincinnati season.
* New articles to write:
* Hubert Chardot: received Pioneer Award at Game Developers Choice Awards in 2002 ("for his risk-taking work on Alone in the Dark")
* Lucas Pope (or 3909): developer of Papers, Please and in-development title Return of the Obra-Dinn
* Miscellaneous
* Break down Category:Horror film directors by nationality.
* Push the Have I Been Pwned? article to higher status (B or GA).
* Keep an eye on news/sources for Aftab Pureval, in case User:IagoQnsi/sandbox/Aftab Pureval ever becomes publishable.
|
WIKI
|
Can You Get a DNA Test While Pregnant?
by | Jan 23, 2023 | Blogs
If you are pregnant and interested in getting a DNA test before you come to term, you may be wondering, “Can you get a DNA test while pregnant?” When this question comes up, it often leads to a multitude of follow-up questions. This article will provide you with the information you need to make an informed decision about whether or not prenatal DNA testing is for you and your unborn child.
Reasons for Prenatal DNA Testing
Prenatal DNA testing can be used to determine many things. However, the primary reasons to test while you’re pregnant, as opposed to waiting until after the baby is born, include determining child paternity and testing for a variety of genetic risk factors.
Determine Paternity
When there is more than one potential father involved in a pregnancy, determining an unborn child’s paternity is essential to the emotional and physical health and financial security of both the mother and the unborn child in question. Additionally, a DNA paternity test gives the biological father the opportunity to be involved in their child’s life and to foster a healthy relationship between father and child.
Lastly, in instances where the court of law is involved, the certified result of non-invasive prenatal testing establishes the legal and social benefits a child is entitled to, including any social security, veterans, and inheritance benefits they may be entitled to.
Determining a child’s father is the most common reason for paternity testing while pregnant; because it is so common, women wishing to take said tests should not feel embarrassed or socially prohibited from finding the answers they need.
Genetic Markers and Risk Factors
Mothers may also opt to undergo a DNA test to test for genetic markers, risk factors, or abnormalities in their unborn infant. Prenatal DNA testing can detect a child’s predisposition towards cardiovascular issues, hereditary cancer genes, Alzheimers, diabetes and obesity, hearing loss, and more depending on the test in question.
Determining these genetic markers and risk factors can help parents make informed decisions on caring for their child in the future or on how to approach their pregnancy.
Cost of Prenatal Testing
The cost of prenatal DNA testing depends largely on what is being tested and how in-depth the test will be. Prices can range anywhere from $400.00 to $2000.00. Testing during pregnancy is often more expensive than waiting until after a child is born. This is because testing during pregnancy requires more advanced technology to separate the mother’s DNA from the child’s.
In some instances, costs will be lower for tests that are court-approved, as opposed to “curiosity testing.” The good news is that some testing centers offer payment plans; however, they will often require full payment before releasing the results.
man in medical laboratory
When Can You Get a Prenatal DNA Test?
The option to perform a DNA test is available as early as the end of a pregnany’s first trimester, beginning any time after the 8th or 10th week depending on the procedure in question.
How is Prenatal DNA Testing Done
How your prenatal DNA test will be conducted depends heavily on the nature of the test in question. Below, we’ve broken down the details of three types of prenatal testing.
Non-Invasive Prenatal Paternity Test (NIPP)
A non-invasive prenatal paternity test is the most accurate and safest way to determine the identity of a child’s biological father before it is born. This test extracts information about an infant’s DNA from the mother’s bloodstream and, as such, only requires a small blood sample.
Because this test only requires drawing the mother’s blood, it is considered completely safe for both mother and unborn child while boasting an accuracy rating of 99.9%.
Amniocentesis
This test is performed in the second trimester and uses amniotic fluid to determine if your child has a genetic or chromosomal condition; this can include but is not limited to conditions like Down’s syndrome, Edward’s syndrome, and Patu’s syndrome.
With the guidance of an ultrasound, a doctor will insert a thin needle into the uterus to extract the amniotic fluid, which will then be tested. Because Amniocentesis presents a small chance of harming the baby or causing miscarriage, a doctor’s consent is required to undergo this procedure. Other potential side effects of undergoing this test include vaginal bleeding, cramping, a leaking of amniotic fluid, and irritation at the site of injection.
Chorionic Villus Sampling (CVS)
CVS, which can be performed by the 10th or 13th week of pregnancy, also tests for the presence of genetic or chromosomal conditions, like the ones listed above. However, the test is performed differently because the DNA is being extracted from a different source.
Chorionic villi are small pieces of tissue attached to the uterine wall; they have the same genetic makeup as the fertilized egg present in the mother’s womb. In order to gather the tissue sample needed for the DNA test, a doctor will insert a small needle or tube through the cervix. This procedure involves a low chance of miscarriage and uterine infection and, as such, requires a doctor’s consent to be performed.
parents with baby
Is Prenatal DNA Testing Dangerous?
In general, the American Pregnancy Association recommends waiting until after the birth of your child to perform any DNA testing whenever possible. Tests performed after the child’s birth pose a substantially lower risk and can be as simple as using a cheek swab.
That being said, if waiting until after a child is born is not an option, the safety risks involved in prenatal DNA testing depend heavily on the test being performed. Before electing to undergo any tests, speak with your primary care physician and obstetrician about whether or not you and your infant can undergo any form of prenatal testing safely.
Get Genetic Prenatal DNA Tests at OnPoint Lab
OnPoint Lab is proud to offer comprehensive DNA genetic testing for all members of the Greater Houston community. Visit our website to learn more about our testing services or call 832-939- 3521 now to schedule an appointment.
OnPoint Lab
OnPoint Lab
Author
OnPoint was started by a group of professionals that include physicians, scientists, and healthcare management professionals. In addition, our partnership includes a pathologist who is a well-known professor at a prominent medical school in New York. We have physicians who are leaders in their communities and are a great resource for our lab. We strive to be your solution for all lab testing needs. We provide accurate and timely results for hospitals, clinics, assisted living facilities, nursing homes, home health services, and hospitalists across the southern region of the United States.
|
ESSENTIALAI-STEM
|
Dallby Dallby - 1 year ago 299
PHP Question
Silverstripe: Filter blog posts by Author
I've been googling for about 2 hours now and can't find an answer to this question. I'm trying to filter blog posts (using the silverstripe-blog module) by Author/MemberID. So far I've got:
public function MyRecentPosts() {
$posts = BlogPost::get()
->sort('PublishDate','desc')
->limit(2);
return $posts;
}
Obviously that only returns the most recent blog posts. I'm not sure I understand how to relate the Blog Post table with the BlogPost_Authors table...
Any advice would be greatly appreciated.
Answer Source
Well the BlogMemberExtension is applied to the Member class, which provides you with an easy way to access a member's posts via the "belongs many many" association.
I'm assuming here that this function would not be in an extension of Member, and that you'll pass in the member ID since it's not present in your code already. This assumption may well be incorrect since your method is named "MyRecentPosts", but anyway - here's an example:
public function MyRecentPosts($memberId)
{
$member = Member::get()->byId($memberId);
$posts = $member->BlogPosts()
->sort('PublishDate', 'desc')
->limit(2);
return $posts;
}
You could also do it from the BlogPost model via its "many many" association:
$posts = BlogPost::get()
->filter(array('Authors.ID' => $memberId))
->sort('PublishDate', 'desc')
->limit(2);
Recommended from our users: Dynamic Network Monitoring from WhatsUp Gold from IPSwitch. Free Download
|
ESSENTIALAI-STEM
|
Abstract
Traditional control methods require extensive tuning or a derivation of a system model making them increasingly antiquated for use on new, more complex systems. Sliding Mode Control has emerged as a more effective alternative as a control method that can directly handle nonlinear systems with increased robustness while guaranteeing stability. However, it is still limited by the need for a system model for the derivation of the controller form. This work proposes a new model-free control method based on Sliding Mode Control referred to as Model-Free Sliding Mode Control where the form of the controller is only dependent on system order, state measurements, and previous control inputs. Lyapunov’s stability theorem is used to ensure global asymptotic stability and a boundary layer is incorporated to reduce chattering. The model-free properties of the controller are enabled by a least-squares online parameter estimation method used to estimate the control input influence gain matrix of the system directly. The estimation process is essential as previous work was limited by assuming the bounds of the control input influence gain matrix are known or the assumption it was unitary. The estimation method also incorporated exponential forgetting to only include updated data for parameter estimation, increasing the speed of convergence. Another addition was a bounded gain forgetting factor to ensure that the magnitude of the control input influence gain was upper bounded. The performance of this controller was simulated on various example systems to test its performance. These included single-input, single-output and multi-input, multi-output first and second order systems. Principally, the controller was implemented to control a lateral-directional state space model of an aircraft with a shaped input characterizing aircraft roll and yaw dynamics. The controller proved to exhibit outstanding tracking performance, convergence of estimated parameters, smooth and acceptable control input, and increased robustness to parameter uncertainty. Therefore, the controller was proven to be a feasible method to control the lateral and directional dynamics of an aircraft.
Library of Congress Subject Headings
Sliding mode control; Drone aircraft--Control systems; Lyapunov stability
Publication Date
8-1-2023
Document Type
Thesis
Student Type
Graduate
Degree Name
Mechanical Engineering (MS)
Department, Program, or Center
Mechanical Engineering (KGCOE)
Advisor
Jason Kolodziej
Advisor/Committee Member
Kathleen Lamkin-Kennard
Advisor/Committee Member
Sarilyn Ivancic
Campus
RIT – Main Campus
Plan Codes
MECE-MS
Share
COinS
|
ESSENTIALAI-STEM
|
Each time you upload information on a web hosting server, you will need a certain amount of storage space on the hdd depending on its size. In case you operate a script-driven internet site which saves its information in a database, it will need more space, the more people make use of it. To give an example, if you have a discussion forum, the greater amount of opinions people write, the larger the database will be. Emails, in particular ones having attachments, also require some disk space in the site hosting account. The disk space quota that you will get with any website hosting supplier is the full amount of info you can have at any moment, it consists of website files, e-mails and databases. Similarly, a computer has a hard drive and the computer software installed on it in addition to any documents and music files that you create or download require storage space, which can't surpass the overall capacity of the hard disk drive.
Disk Space in Website Hosting
To suit the processing potential behind all our cloud website hosting plans, we have taken into consideration and employed the very best solution for the disk space - your hosting account will not be created using a single server, but using a cluster platform. Consequently, what we have assembled is an entire group of servers which is centered on the file storage only, so you should never worry about not having enough hard drive space and having to migrate to an alternative server since your present one can not accommodate more info. In case an additional space is required, all we have to do is add more machines to the cluster, so that the hard disk space is virtually limitless. Needless to say, all our Linux website hosting were made to be employed for sites, not for a repository of large files. We have individual machines for all the databases as well as the e-mails.
|
ESSENTIALAI-STEM
|
Using OS Reload Shell Scripts
Using OS Reload Shell Scripts #
Adding & Editing Shell Scripts #
You can add Shell Scripts from the OS Reloads > Shell Scripts page. Shell Scripts use the Smarty v3 templating engine. You can see examples of this in use in the shell script debian-networking.tpl.
Smarty templates and curly braces #
Smarty uses curly braces - { and } - as part of its own syntax. As a result, BASH commands that use curly braces will need to be escaped. The easiest way to do this is to wrap any code using curly braces like so:
{literal} <some bash code with { and }> {/literal}
{literal} will stop Smarty from rendering the code inside as Smarty code and will instead just output whatever is within the braces.
We do not recommend editing shell scripts created by SynergyCP except for testing purposes. The shell scripts that are added by the system are subject to changes with future improvements of the software. Instead, simply create a new shell script and add it to the existing profile for the relevant OS Reloads.
Using Shell Scripts in an OS Reload #
To use a Shell Script in an OS Reload, you will need to create an OS Reload Profile for the Shell Script. You will want to base your OS Reload Profile settings on the OS Reload Profile for that OS, and then add your Shell Script to the new profile.
|
ESSENTIALAI-STEM
|
Investment firm ups stake in Pacific Ethanol -filing
NEW YORK, April 8 (Reuters) - Activist investor Candlewood Investment Group has upped its stake in Pacific Ethanol Inc to 26 percent, according to a public filing on Friday. The company is one of the largest U.S. ethanol producers and one of the few that is publicly traded. Candlewood’s previous stake as of mid-January was 22.5 percent. The New York asset management firm scooped up a 17.9 percent stake in July, according to securities filings. Pacific Ethanol shares jumped as much as 8.6 percent on Friday before closing at $3.92, down 1.3 percent. The shares are down nearly one-third since hitting a four-month high on March 11. Sacramento, California-based Pacific Ethanol became one of the country’s top ethanol producers, with capacity over 500 million gallons, after it acquired Aventine Renewable Energy Holdings last year. Pacific Ethanol posted a loss of more than $20 million in 2015, joining others in the industry as margins took a hit from weak energy prices and worries about overcapacity. Neither Pacific Ethanol nor Candlewood could immediately be reached for comment. Reporting by Chris Prentice; Editing by Matthew Lewis
|
NEWS-MULTISOURCE
|
Caridae
Caridae is a small Gondwanan family of weevils. They are considered part of the primitive weevil group, because they have straight rather than geniculate (elbowed) antennae. The insertion of the antennae on the rostrum cannot be seen from above. Caridae also lack spiracles on abdominal tergites 6 and 7. The prothorax lacks lateral carinae. It has been suggested that the fossil weevil Eccoptarthrus belongs in this family, which would result in a change in the family name (as "Eccoptarthridae" would have seniority); this proposal has been rejected by most coleopterists (e.g. )
They are usually found on trees from the Cupressaceae. The genus, Car, has been found on Callitris, and Caenominurus on Austrocedrus and Pilgerodendron.
|
WIKI
|
Luke Daniels
Luke Matthew Daniels (born 5 January 1988) is an English former professional footballer who played as a goalkeeper. He currently serves as goalkeeper coach at club Barrow.
Daniels is product of the Manchester United and West Bromwich Albion academies and played much of the early years of his career away on loan from the latter club. He transferred to League One club Scunthorpe United in 2015 and served as first-choice goalkeeper until 2017, when he transferred to Championship club Brentford. Daniels held a backup role until transferring across the division to Middlesbrough in 2021. Following a two-year spell during which he appeared sparingly, Daniels dropped two divisions to transfer to Forest Green Rovers in 2023. He played one further season before retiring in 2024. Daniels won three caps for England at U18 and U19 level.
2004–2008
A goalkeeper, Daniels began his career in the academy at Manchester United, before moving to the academy at West Bromwich Albion in 2004. Upon completing his scholarship, he signed his first professional contract with the club in July 2006. The departure of second-choice goalkeeper Russell Hoult in January 2007 led to Daniels being temporarily promoted onto the substitutes' bench for the majority of the remaining matches of the 2006–07 season. Though he failed to make an appearance, he signed a new two-year contract at the end of the season.
2007–2010
Following a loan away at Scottish Premier League club Motherwell during the second half of the 2007–08 season, Daniels spent the entire 2008–09 and 2009–10 seasons away on loan at League Two and League One clubs Shrewsbury Town and Tranmere Rovers respectively. He made more than 40 appearances for both clubs and reached the 2008 League Two play-off final with Shrewsbury Town, which was lost 3–2 to Stockport County. Daniels signed a two-year contract extension with West Bromwich Albion in July 2009.
2010–2013
Daniels spent much of the 2010–11 season away on loan at League One clubs Bristol Rovers (two spells), Charlton Athletic and Rochdale. Daniels was called into a West Bromwich Albion matchday squad for the first time in nearly four years for two League Cup matches early in the 2011–12 season, but remained an unused substitute in both. His final loan away from The Hawthorns began in October 2011, when he spent the remainder of 2011 with League Two club Southend United. During the second half of the 2011–12 season, he became regular backup to Márton Fülöp. Daniels backed up Boaz Myhill during the first half of the 2012–13 season, but failed to feature during the second half of the campaign. He signed a new two-year contract in March 2013.
2013–14
Daniels received his first call up of the 2013–14 season onto the bench for a Premier League match versus Everton and he made his long-awaited Baggies debut as a 77th-minute substitute for the injured Ben Foster and helped the team to a 0–0 draw. He made his first start for the club in the following game, keeping another clean sheet in a 3–0 League Cup second round victory over Newport County. He also started in the following round against Arsenal and helped to keep the score at 1–1 before the Gunners sealed victory on penalties. The injury to Ben Foster allowed Daniels to continue as second-choice goalkeeper behind Boaz Myhill until 14 December 2013, when he received his final first team call up of the 2013–14 season.
2014–15
Daniels was called up for two Premier League matches in October and November 2014, but remained an unused substitute on both occasions. In the final year of his contract, he left the club on 22 January 2015, having made just three first team appearances during $8 1/2$ years as a professional at The Hawthorns. Over the course of his loans away from the club, Daniels made 114 appearances.
Scunthorpe United
On 22 January 2015, Daniels signed a $2 1/2$-year contract with League One club Scunthorpe United for an undisclosed fee. The Iron were without first and second-choice goalkeepers Sam Slocombe and James Severn due to broken arms. Daniels made 23 appearances in what remained of the 2014–15 season. He made 44 and 42 appearances during the 2015–16 and the 2016–17 seasons respectively and kept more clean sheets than any other goalkeeper in League One during that period, with 27 in 78 matches. Daniels departed the club in May 2017, after his contract expired. He made 109 appearances during his $2 1/2$-year spell at Glanford Park.
Brentford
On 24 May 2017, Daniels joined Championship club Brentford on a free transfer and signed a three-year contract, with an option for a further year, effective 1 July 2017. Daniels appeared in each of the club's four cup matches during the 2017–18 season and made his league debut versus Hull City on the final day, in which he helped preserve a 1–1 draw by saving a second-half penalty. Aside from cup appearances and two league starts, Daniels was again backup to Dan Bentley for the majority of the 2018–19 season. A season-ending shoulder injury suffered by Bentley in March 2019 allowed Daniels a run in the team in league matches and he finished the season with 19 appearances in all competitions.
Daniels served as backup to new goalkeeper signing David Raya during the 2019–20 season. It was announced on 4 January 2020 that Daniels has signed a one-year contract extension, with the option of a further year. Later that day, he captained an under-strength XI to a 1–0 FA Cup third round victory over Stoke City. Daniels finished the 2019–20 season with three cup appearances and did not feature during Brentford's unsuccessful playoff campaign.
With David Raya unavailable, Daniels started six of Brentford's first seven matches of the 2020–21 season. Despite reverting to his backup role behind Raya in October 2020, Daniels continued to play in cup matches and his performance in a 1–0 EFL Cup quarter-final victory over Newcastle United on 22 December was recognised with a place in the EFL Cup Team of the Round. Daniels' performances in his three appearances during Brentford's run to the semi-finals of the EFL Cup saw him named in the Team of the Tournament. He finished the 2020–21 season with nine appearances and a promotion medal, by virtue of being an unused substitute during the 2021 Championship play-off final. Daniels finished his four-season Brentford career with 36 appearances and departed the Community Stadium in June 2021.
Middlesbrough
On 9 August 2021, Daniels signed a two-year contract with Championship club Middlesbrough on a free transfer. He made 12 appearances during a 2021–22 season in which the club narrowly missed out on a play-off finish. With the 2022 off-season signings of Zack Steffen and Liam Roberts, Daniels dropped down to third-choice goalkeeper for the 2022–23 season. Daniels was an unused substitute on five occasions during the 2022–23 season and failed to make an appearance. A move away from the club during the winter transfer window failed to materialise and he was released when his contract expired.
Forest Green Rovers
On 14 July 2023, Daniels signed a one-year contract with League Two club Forest Green Rovers on a free transfer. During a 2023–24 season in which the club was relegated to the National League, ankle and quad issues restricted Daniels to 20 appearances. He was released when his contract expired and retired from football.
International career
Daniels made his international debut with a start for England U18 in a 2–1 friendly victory over Slovenia in April 2006. He won two U19 caps in September and October 2006, in friendlies versus the Netherlands U19 and Austria U19.
Coaching career
On 28 June 2024, Daniels joined Barrow as goalkeeper coach.
Personal life
Daniels' boyhood club was Bolton Wanderers.
Honours
Brentford
* EFL Championship play-offs: 2021
Individual
* EFL Cup Team of the Tournament: 2020–21
|
WIKI
|
Migraines Specialist
Re3 Innovative Neuroscience Institute - - Neurosurgery
Re3 Innovative Neuroscience Institute
Neurosurgery located in Sarasota, FL & North Port, FL
Migraines can cause severe, debilitating pain and other symptoms that disrupt your everyday life. At Re3 Innovative Neuroscience Institute in Sarasota, Florida, you can find relief. As leaders in their field, the team at Re3 has access to the most advanced and effective treatments, including Botox®, and use their decades of experience to help you achieve long-term relief. If you’re struggling with the ordeal that accompanies migraines, call Re3 Innovative Neuroscience Institute.
Migraines
What is a migraine?
A migraine is a commonly recurring headache that causes moderate to severe pain. This pain often seems to throb or pulse and may be located on only one side of your head. Other symptoms include light and sound sensitivity, as well as nausea and general weakness.
Migraine attacks can last hours or even days, essentially disabling you from any normal functions. These attacks may have warning signs, called an aura, before they begin. The aura may include seeing flashes of light, having blind spots in your vision, or numbness and tingling on your face, arm, or leg.
What causes a migraine?
Scientists and physicians don’t understand the causes of migraines, but they’re believed to come from multiple factors, such as genetics and environment. Possible explanations include alterations in the communication between the brainstem and the trigeminal nerve, a pain signal “highway,” or imbalanced brain-signaling chemicals, like serotonin and calcitonin gene-related peptide (CGRP).
Beyond the causes that underlie susceptibility to migraines, there are many triggers that vary by the sufferer and may initiate migraine onset alone or in combination with other factors. These include:
• Stress
• Specific sensory stimuli, like bright lights or strong smells
• Hormonal fluctuation in women, like changes in estrogen associated with menstruation
• Specific foods and fasting, like eating something salty or skipping a meal
• Certain beverages, especially those with alcohol or caffeine
• Sleep changes, like oversleeping, not sleeping, or jet lag
Your triggers may be entirely specific to you, or could hinge on your environment, and may change over time.
How are migraines treated?
Migraines are diagnosed based on your medical history, symptoms, and usually a neurological exam. To rule out other possible causes, the Re3 physicians may use imaging with MRI or CT scans, blood tests to look for infections and toxins, or a spinal tap to assess infection or brain bleeding.
Once a migraine begins, a dark, quiet room and pain relief drugs can minimize the discomfort, but if you’re regularly suffering from debilitating migraines, the Re3 team may suggest preventive treatment.
Successful prevention has come from many drug classes, including beta-blockers, antidepressants, and anti-seizure drugs, as well as pain relievers. However, Botox® is the first FDA-approved preventive therapy for chronic migraines. Regular injections to the forehead and neck with Botox prevents migraines before they even start.
If you suffer from migraines, schedule an appointment with the Re3 Innovative Neuroscience Institute.
|
ESSENTIALAI-STEM
|
Let's Do Lunch with Gino & Mel
Let's Do Lunch with Gino & Mel is a British daytime television programme which aired live on ITV from 2011 until 2014 as part of ITV Food, presented by Gino D'Acampo and Melanie Sykes. D'Acampo cooks various food items, whilst Sykes does the main presenting of the show. The show mixed food with celebrity chat. In each episode, a celebrity guest appeared to assist the hosts and chat to them about their latest projects.
Alongside the main show aired a pre-recorded Christmas series known as Let's Do Christmas with Gino & Mel (2012–2014), which saw D'Acampo cooking Christmas food, still with celebrity guests and chat. There were three series of the Christmas show.
Gino's Masterclass
In some episodes, Gino shared his expertise with the viewers with his top tips on various topics. These included knife skills, tomatoes, bacon, pastry, pasta, rice, chicken, Yorkshire puddings, mashed potatoes, roast potatoes, sausages and meat.
Challenge Gino
In every episode, Gino had to take part in a food-related challenge. Some of them were attempts to get Gino a Guinness World Record. For the Christmas series, these tasks included Irish Coffee making, eating Brussels sprouts and making Chocolate truffles.
Sometimes there was no challenge, and etiquette expert William Hanson joined the show to talk about subjects such as Royal dining, wedding etiquette or restaurant manners.
In the first and second series, Gino's challenger received a tea towel with the printed text on it which says "I challenged Gino and all I got was this rubbish tea towel". In the third and fourth series, the challenger received a "Let's Do Lunch" lunchbox.
Transmissions
* Episodes aired daily at 12:30pm for an hour when Loose Women took their summer break
Series 1
AGino broke the Guinness World Record
Series 2
AGino broke the Guinness World Record
BGino did not attempt this challenge
Series 3
AGino broke the Guinness World Record
Series 4
AThese episodes were pre-recorded and therefore there were no audience options, so Gino cooked set dishes instead.
Let's Do Christmas with Gino & Mel
Let's Do Christmas with Gino & Mel was a Christmas spin-off of Let's Do Lunch, which aired on ITV from 2012 until 2014. The series showed viewers how to cook easy meals during the Christmas period. Much like the regular series, Let's Do Christmas was hosted by D'Acampo and Sykes, along with a celebrity guest appearing in each episode. This, unlike the main series, was pre-recorded and not broadcast live.
There were several changes made to the studio set and format such as Christmas decorations that appear on the usual set. The series are pre-recorded at The London Studios in the summer of each year. As episodes were not broadcast live, the viewers recipe vote was dropped. In its place, Gino made another dish.
Let's Do Christmas has not returned to television since its third series in 2014. There was no fourth series in 2015, A re-run aired in place.
Series 1
AGino attempted to break the Guinness World Record but failed
BGino broke the Guinness World Record
Series 2
AGino attempted to break the Guinness World Record but failed
BGino broke the Guinness World Record
|
WIKI
|
User:Linhvu96/sandbox
= Mobile Business Intelligence =
What is Mobile Business Intelligence?
To satisfy the users all around the world, Business Intelligence (BI) was born as the cooperation between technology and business which applied technologies into business field. Many companies provide different applications allow users do multiple tasks such as analyzing, storing, gathering data together and sending it through mobile technology devices. In fact, Mobile BI application is the support system of helping business in making a good decision.
How is Mobile BI being used?
Mobile Business Intelligence applications are involving mostly in small organizations, whereas workers are allowed to work out-of-office sometimes. Those applications are the helping system that can perform different tasks as assigned. For instance, if a user input a raw data information, it can help user gather data and analyze it. Furthermore, after analyzing information, it can perform and store the data into the memory storage or deliver the data to server system. Such as, analyzing store revenue and total cost, create business charts, then sending it to manager who has permission to make decision.
Mobile devices allow users access data from anywhere which is bi-directional; either going to travel, spending time with family, far away from the office; as long as those devices are connected to Internet. This function maximizes efficiency at work, enhances productivities of business.
Security concerns.
Data information should be encrypted while transmitting between devices, which can be protected by the security system. Clients or users should not save information in their devices; because this increases the chance of stolen information becomes public. Furthermore, security system need ability to identify person whether the receiver or sender is a trustworthy holding accessibility.
|
WIKI
|
Log rotation results in lost or duplicate events
edit
Log rotation results in lost or duplicate eventsedit
Filebeat supports reading from rotating log files. However, some log rotation strategies can result in lost or duplicate events when using Filebeat to forward messages. To resolve this issue:
• Avoid log rotation strategies that copy and truncate log files
Log rotation strategies that copy and truncate the input log file can result in Filebeat sending duplicate events. This happens because Filebeat identifies files by inode and device name. During log rotation, lines that Filebeat has already processed are moved to a new file. When Filebeat encounters the new file, it reads from the beginning because the previous state information (the offset and read timestamp) is associated with the inode and device name of the old file.
Furthermore, strategies that copy and truncate the input log file can result in lost events if lines are written to the log file after it’s copied, but before it’s truncated.
• Make sure Filebeat is configured to read from all rotated logs
When an input log file is moved or renamed during log rotation, Filebeat is able to recognize that the file has already been read. After the file is rotated, a new log file is created, and the application continues logging. Filebeat picks up the new file during the next scan. Because the file has a new inode and device name, Filebeat starts reading it from the beginning.
To avoid missing events from a rotated file, configure the input to read from the log file and all the rotated files. For examples, see Example configurations.
If you’re using Windows, also see More about log rotation on Windows.
Example configurationsedit
This section shows a typical configuration for logrotate, a popular tool for doing log rotation on Linux, followed by a Filebeat configuration that reads all the rotated logs.
logrotate.confedit
In this example, Filebeat reads web server log. The logs are rotated every day, and the new file is created with the specified permissions.
/var/log/my-server/my-server.log {
daily
missingok
rotate 7
notifempty
create 0640 www-data www-data
}
filebeat.ymledit
In this example, Filebeat is configured to read all log files to make sure it does not miss any events.
filebeat.inputs:
- type: filestream
id: my-server-filestream-id
paths:
- /var/log/my-server/my-server.log*
More about log rotation on Windowsedit
On Windows, log rotation schemes that delete old files and rename newer files to old filenames might get blocked if the old files are being processed by Filebeat. This happens because Windows does not delete files and file metadata until the last process has closed the file. Unlike most *nix filesystems, a Windows filename cannot be reused until all processes accessing the file have closed the deleted file.
To avoid this problem, use dates in rotated filenames. The file will never be renamed to an older filename, and the log writer and log rotator will always be able to open the file. This approach also highly reduces the chance of log writing, rotation, and collection interfering with each other.
Because log rotation is typically handled by the logging application, we are not providing an example configuration for Windows.
Also read Open file handlers cause issues with Windows file rotation.
|
ESSENTIALAI-STEM
|
The Civil War started in 1861 and lasted until 1865. It was the goury war fought in the United States. More than 600,000 soldiers were killed in this war. The civil war was fought between the Union, which was the Northern States called the United States of America, and the Southern States which were called the Confederate States of America. The main reason for the war was slavery, but other significant factors played a role in the war too. One of the biggest reasons for the civil war was slavery. In document 3 Hinton Helper talks about how slavery was legal in Southern states and was an essential part of the Southern economy. Slaves were often considered property rather than human beings and were forced into horrible treatment. On the …show more content…
The North and the South had different economic systems. Document 2 talks about the North having industrialized and relied on factories and industry for its well being, while the South was based on agriculture. The agricultural economy relied heavily on slavery, so when slavery was abolished, it had a significant impact on the economy of the South. The tariff system was also another economic issue that brought about the civil war. Documents 4, 5, 6, and 11 talk about how political disagreements were another factor that led to the civil war. The North and the South had different ideas on how to govern the country. The Southern states felt that they should be allowed to be their own government and make decisions based on their way of living. The Northern States believed in a strong central government that maintains control over the entire country. This led to several conflicts, mainly when new states were being admitted to the Union. Finally, cultural differences played a significant role in starting the civil war. The North and the South had different cultures, attitudes, and lifestyles. The South was more rural and conservative, while the North was more urban and progressive. This cultural difference created a significant divide in the country that ultimately resulted in the civil
Click here to unlock this and over one million essaysShow More
Although slavery is the most popular cause of the Civil War there are multiple issues that truly caused the Civil War. For the first time in American history there was a collapse two party system which had the country divided before the war truly broke out; which causes the turmoil after the election of 1860. The political problems that left the country divided had a direct link to the North and South’s different economic
Throughout the mid 1800s, tensions between the North and South were high; they could never seem to agree. They both had different views on how they wanted to be governed and how they wanted to live their life. As the US started expanding across the coast, issues arose with how states should be run. Especially after the Mexican-American War, many issues presented between the north and south. Although they tried to fix these issues, their solutions never lasted for long.
In the mid-nineteenth century conflicts over the institution of slavery caused the Civil War between the North and the South. In the North slavery was viewed as a inhumane act and it violated human rights. In the South it was vital to their economic and social developments. These conflict had to be solved by the government and political figures. The main causes appeared out of the political conflict in the government of the states in the union.
The Civil War was caused by the north imposing unfair tariffs on the south, the constant argument over slavery and the slave trade, and states’ rights. “The South felt overcharged and cheated” (Document, essay). The south received mostly all manufactured goods straight from the north and Europe and since the south produces mostly cotton, they must acquire all manufactured goods from out of state. Congress passed the Tariff of 1828 and 1832 which made South Carolina and the south very mad. South Carolina and the south believed they were getting cheated, so South Carolina threatened to secede unless the tariff was lowered.
Slavery and the Cause of the Civil War The Civil War was caused by a variety of factors, including slavery. The South relied heavily on the institution of slavery, which provided cheap labor and allowed the large plantation owners to accumulate vast amounts of wealth. The North, however, did not rely on slavery, and many Northerners opposed it. The two regions had different economic systems, with the South relying on agriculture, while the North relied on industry.
The United States was divided into two sections: the North and the South. The differences between these two regions were so profound that they eventually led to conflict and war. One key factor contributing to sectionalism was economic differences. The North was largely industrialized, while the South relied heavily on agriculture, particularly cotton production. This resulted in starkly different priorities for each region: the North prioritized tariffs and other policies that would protect their industries, while the South demanded free trade so that they could continue exporting their agricultural products.
Following the Civil War, more than two percent of America’s population was lost. Between 1800 and 1860, there were a number of economic, political, and social factors that had contributed to the Civil War. The North was more economically stable with the idea of manufacturing, while the South was focused on agriculture and slavery. Politically, compromises and multiple acts created to end arguments were starting to quickly diminish. The North and South were constantly in competition with each other for more power in the House of Representatives.
The civil war was fought in the United States against the north and the south and lasted four years from 1861 to 1865. Prior to the civil war the United States was broken into slave(South) and free(North) states. The north’s economy was based on manufacturing and industries, whilst the south’s economy was dependent on a cash crop; cotton in which the south wanted to not pay workers to pick the cotton so slaves were used in doing so. Given that most people believed that the civil war was caused by the state’s not getting the rights they needed and by the election of Lincoln who wanted to abolish slavery. Slavery was one of the main reasons for the civil war as it kept on feeding into it.
The problem of slavery and its extension into other territories was the fundamental cause of the Civil War. The American Civil War was the most crucial event because it preserved the United States as a single nation and ended slavery, which had split the country since its founding. The Union's major goal was to keep the United States together, but the Confederacy wanted to create a split in which slavery would be permitted. ‘’The Civil War was America's bloodiest and most
The North and the South had many differences that led to the Civil War. Some white Southerners claimed that they were separate from the Northern States of America. In 1860 the North and the South had been slowly separating into two different cultures. After Lincoln was elected Southerners felt powerless. While the North was becoming more modern with social, economical, and political differences the South barely changed.
The South had used slaves to its advantage by not paying them and they were able to have huge profits by doing this. The North was threatening the South's economy by trying to end slavery. Slavery and economic issues were a big part of the cause of the civil war but some would argue
The reason why the United States fought in a Civil War was due to the North and the South not being able to reach an agreement on which states should become slave states, and which would remain free states. This Disagreement was caused by the United States gaining several new states and territories from the Mexican-American war. After that war had ended the South feared that the North would vote to ban slavery for good because the land America gained from Mexico gave the north more states. The Civil War was also caused by fights that broke out in the new states and territories between the North and the South. Due to all the fighting in the states and the disagreements in congress, the United States ended up in a Civil War that split the nation
The South didn’t have as much culture as the North, and there was less room for improvement. The South sold natural goods to the North and the North made 10 times as much as they paid. There are many reasons that led to the Civil War a few would be difference in education, economies, slavery and tariffs. The first cause of the Civil
The Civil War took place in the United States. Individuals from the north had conflict with people from the south. Some were fighting for states rights and others fought for slaves. This war went on for over three years! No one was expecting it to continue for so long…
On the other hand, the North became industrialized because of the Industrial Revolution, and the Northerners thought that the slavery would impede the growth of capitalism and the unification of the whole country. The South wanted to keep slavery, while the North wanted to abolish slavery. Slavery became the main reason for the war between the South and the North, which it was the Civil War.
|
FINEWEB-EDU
|
The British Expeditionary Force (BEF)
The British Expeditionary Force (BEF) WWII was the British Army in Europe from 1939 to 1940 during the Second World War. Commanded by General Lord Gort, the BEF constituted one-tenth of the defending Allied force.
The British Expeditionary Force was established in 1938 in readiness for a perceived threat of war after Germany annexed Austria in the March of 1938 and the claims on the Sudetenland, which led to the invasion of Czechoslovakia in March 1939. After the French and British government had promised to defend Poland, the German invasion of that country began and war was declared on the 3rd of September 1939.
The BEF was sent to France in the September of 1939 and deployed mainly along the Belgian–French border during the so-called Phoney War leading up to May 1940. The BEF did not commence hostilities until the invasion of France on the 10th of May 1940. After the commencement of battle, they were driven back through Belgium and north-western France, forcing their eventual evacuation from several ports along the French northern coastline in Operations Dynamo, Ariel and Cycle. The most notable evacuation was from the Dunkirk region and from this the phrase Dunkirk Spirit was coined.
There were reports and the beginnings of a move to mobilise an armed force in 1936, when plans to expand the Territorial Army were put in place after a report was given to the House of Commons on the 12th of March in 1936. It was realised that the invention of the aeroplane had moved the defence of Britain from her own shores to those of the continent as Mr Duff Cooper (the Secretary of State for War) said in his report:
“It was said in the leading article of the “Times” this morning: For more centuries than need be counted the destiny of Northern France and of the Low Countries has been held vital to the security of Britain. That situation has not been changed by modern inventions. It was Napoleon who said that Antwerp in the possession of a hostile nation was like a pistol held at the head of Great Britain.
The result of new inventions is that that menace is greater than it was before, because to-day it is a double-barrelled pistol. It is not only a base for shipping and submarines, but is also a taking-off ground for aeroplanes. The invention of flying, so far from rendering us more immune, has robbed us of a great part of our immunity. The sea, as Shakespeare said— The silver sea, which serves it in the office of a wall. serves no longer in that office. More than ever we are part of the Continent of Europe; less than ever can we rely upon any special advantage from our insular position.
In that same report, conscription was also discussed as it was realised that there would not be enough time to expand the army to satisfactory levels “To-day, when there are still numbers of young active men unemployed and living on the dole, what better advice could be given to them than that they should join the Army? There they would find the opportunity of a healthy, open-air life.” Conscription was not considered until war broke out, as volunteers were preferred, although by the March in 1937 there was still a shortfall of 60,000 men in the regular army (that is, the full-time army consisting of professional soldiers). Recruiting had risen by 33% from 1936–1937, and in February 1938 it was 44% higher than the previous year. The demand was still not met with only 34,000 accepted for enlistment with 30% taken from the unemployment line. The Regular Army was backed up by the Territorial Army and both were expanded and equipped for more appropriate measures than had been previously anticipated.
In March 1937, the army stood at 121,000 at home and 89,000 overseas with 716 tanks of which 200 were obsolete First World War models. In a speech by Mr Hore-Belisha (Cooper’s successor) on the 10th of March in 1938, the numbers were given as 500,000 (excluding the colonies) and recruiting was at 60,000 a year. Nevertheless, there were shortages of 1,200 officers and 22,000 other ranks.
Talks about the formation of the BEF between British and French ministers were concluded after British ministers visited France in November 1938. The French delegation announced that they believed a larger force than had been sent in 1914 was necessary, with the French cabinet saying that the British contingent would have been inadequate if war had broken out in September 1938. After questions in the House of Commons on the 28th of November in 1938, the then Prime minister, Neville Chamberlain, said there was no commitment to send an expeditionary force to France.
Sir P. Harris asked the Prime Minister whether this country is, in certain circumstances, committed to send an expeditionary force to France; and whether, as a result of his visit to Paris, there has been any increase in such commitments?
The Prime Minister answered “The answer to both parts of the question is in the negative”
—Hansard Vol 342, 28th of November 1938.
According to the 1939 Army Estimates, Britain had home forces of 230,000 in the Regular Army with 183,000 in reserve and The Territorials numbering 270,000: a total of 683,000
Following the German invasion of Poland on 1 September 1939, the British Expeditionary Force was sent to the Franco-Belgian border in mid-September.
The first deployment was completed by the 11th of October in 1939 at which point 158,000 men had been transported to France. The Secretary of State for War, Leslie Hore-Belisha, said “158,000 had been transported across the Channel within five weeks of the commencement of the present war. Convoys had averaged three each night and the BEF had been transported intact without a single casualty to any of its personnel.” He also claimed in Parliament that the BEF was “as well, if not better, equipped than any similar army”, which was false. During that summer, an amazed German military attaché in Britain watched troops on maneuvers march with gas pipes and pieces of wood to represent anti-tank rifles, and carry blue flags to represent trucks they rode in.
One lieutenant stuffed his holster with paper because he had no pistol, and one soldier who joined the Royal Artillery in April did not receive his uniform until July. There were immense pressures to produce the necessary equipment, which led to a rapid increase in output. Clothing items were one example of this with items such as greatcoats and boots being produced at up to 50 times the normal peacetime rates.
Twenty-five years of greatcoats were produced in six months and 18 months of army boots were turned out in one week, but shortages remained; even after the Germans began moving west in the May of 1940, only three officers of the 5th Battalion, Green Howards of the had pistols, and the unit similarly lacked compasses and binoculars.
By the 19th of October the BEF had received 25,000 vehicles to complete the first deployment. The majority of the troops were stationed along the Franco-Belgian border; a reinforced division called Saar Force served with the French Third Army on the Maginot Line.
Belgium and The Netherlands were neutral countries at this point and so no troops were sent to either of them. For those troops along the Maginot line the inactivity and an undue reliance on the fortifications, which it was believed would provide an unbreakable defence, led to “Tommy Rot” – as portrayed by the song “Imagine me on the Maginot Line”. Morale was high amongst the British troops but the small-scale actions of the Germans by the 9th of May had led many into assuming that there would not be much chance of a full scale German attack in that area.
Over the next few months, troops, materials and vehicles continued to arrive in France and Belgium and by the 13th of March 1940 the BEF had doubled in size to 316,000 men. By the May 1940 the BEF order of battle consisted of 10 infantry divisions in three corps (I, II, and III), 1st Army Tank Brigade, the BEF Air Component RAF detachment of about 500 aircraft and the Advanced Air Striking Force (AASF) long-range RAF force. These forces were led by the General Headquarters (GHQ) which consisted of men from Headquarters Troops (1st Battalion, Welsh Guards, 9th Battalion, West Yorkshire Regiment and the 14th Battalion, Royal Fusiliers), the 1st Army Tank Brigade, 1st Light Armoured Reconnaissance Brigade and HQ Royal Artillery 5th Infantry Division.
This period leading up to the 10th of May 1940 was known as the Phoney War, as there was little combat apart from minor clashes of reconnaissance patrols. The first BEF fatality was 27 year-old Corporal Thomas William Priday, from the 1st Battalion, King’s Shropshire Light Infantry, attached to 3rd Brigade of 1st Division, killed on the 9th of December 1939 when his patrol set off a booby-trap and was fired upon by friendly troops.
The Allied generals believed that time was on their side, and hoped to weaken Germany by blockade before going on the offensive. The plan by General Gamelin, the Commander-in-Chief of Allied Forces, to counter a German attack through Belgium, was to move his most mobile armies (including the BEF) forward across the border to the line of the River Dyle. This operation was known as the Dyle Plan, and it depended on the Belgians being able to stall any German invasion for several days with their border fortifications on the Albert Canal and River Meuse.
Hitler’s forces began the Blitzkrieg on the 10th of May 1940. The German Army Group B, led by Fedor von Bock, crossed into Belgium; the lynchpin of the Belgian defence at Fort Eben-Emael having been captured by airborne assault early that morning. By 12th of May, 35 Allied divisions, including 10 of the BEF had reached the River Dyle as planned, however forward elements of Army Group B arrived on the 15th of May.
Although the initial German attacks were held, it was clear that the main threat was further south, where Army Group A, led by Gerd von Rundstedt, had unexpectedly emerged from the Ardennes Forest and crossed the River Meuse at Sedan, routing the French Second and Ninth Armies in the process. With Army Group B close behind, the Allies began a withdrawal towards the River Escaut on the French border.
Evacuation from Dunkirk
The BEF sustained heavy losses during the German advance and most of the remainder, approximately 198,229 men along with 139,997 French and some Belgian troops, were evacuated from Dunkirk between the 26th of May and the 4th of June in 1940; abandoning much of their equipment after disabling their vehicles and main weapons.
The Royal Navy ships needed assistance after the docks, harbours and piers were bombed by the Germans. Because of shallow water along the coast, British destroyers were unable to approach the evacuation beaches and soldiers were having to wade out to the warships, with many of them waiting for hours shoulder-deep in water.
On the 27th of May the small-craft section of the British Ministry of Shipping telephoned boat builders around the coast, asking them to collect all boats with “shallow draft” that could navigate shallow water. Some of them were taken with the owners’ permission — and with the owners insisting they would sail them — while others were requisitioned by the government with no time for the owners to be contacted. These flotillas of small boats, combined with the naval vessels, would continue until the evacuation was called off on the 3rd of June 1940.
The push by Army Group A towards the coast combined with the approach of Army Group B from the Northeast left the BEF surrounded on three sides and cut off from their supply depots by 21st May (pic. 2 below). The British forces attempted to stop the offensive and launched counter-attacks including at Arras on 21st May.
The BEF was unable to repel the Germans and it became clear that the Channel ports were threatened. Fresh troops were rushed from England to defend Boulogne and Calais, but after hard fighting, both ports were in German hands by 26th May (see Battle of Boulogne (1940) and Siege of Calais (1940)). Gort ordered that the BEF should withdraw to Dunkirk, the only viable port remaining, to facilitate evacuation.
The German forces were unable to press home an initial capture of the Allied Forces at Dunkirk and on 31st of May General Georg von Küchler assumed command of all the German forces at Dunkirk. His plan was an all-out attack across the whole front at 11:00 on the 1st of June. The French held the Germans back while the last troops were evacuated. Just before midnight on the 2nd of June, Admiral Bertram Ramsay, the officer commanding the evacuation, received the signal “BEF evacuated” and the French began to fall back slowly. By the 3rd of June, the Germans were two miles from Dunkirk, which meant that that night was the last for evacuation. At 10:20 on the 4th of June, the Germans hoisted the swastika over the docks.
Several high–ranking German commanders, including Generals Erich von Manstein and Heinz Guderian as well as Admiral Karl Dönitz, considered the failure of the German High Command to order a timely assault on Dunkirk, and to so eliminate the British Expeditionary Force, as one of the major mistakes the Germans had made on the Western Front.
The Second BEF and Operation Ariel
Once the Dunkirk evacuation had started, the attentions of Churchill and the Chiefs-of-Staff were drawn to the troops who had been cut off to the south of the German Army Group A’s drive to the sea. They were; the Saar Force, chiefly composed of the 51st (Highland) Infantry Division, most of the 1st Armoured Division, and an improvised force called Beauman Division. The 52nd (Lowland) Infantry Division had been rushed to Cherbourg after the start of the blitzkrieg and the 1st Canadian Infantry Division were on their way. It was hoped that these forces might be sufficient to help stabilise the French defence and, if all else failed, there was talk of creating a “redoubt” or fortified foothold in the Brittany peninsula.
General Alan Brooke had distinguished himself by his handling of II Corps, and was withdrawn to London on the 29th of May to command the new corps in the south which became known as the 2nd BEF. In addition to the forces already in France or en route, Brooke requested that Montgomery’s 3rd Infantry Division, who had just returned from Dunkirk, be made ready to join his new command.
The 51st (Highland) Division had been fighting with the French Tenth Army to defend the River Bresle, east of Rouen. The decision to withdraw them to Le Havre on the 10th of June was left too late and then only two of their brigades, known as Arkforce, were able to reach the port for an evacuation called Operation Cycle. The remainder of the division reached the coast at Saint-Valery-en-Caux, but bad weather and German intervention prevented their extraction; they were forced to surrender on the 12th of June.
Brooke arrived in France on the 13th of June and he quickly realised that there was little hope of success for the rest of his command, which included more than 100,000 logistic troops who had not been trained for combat. On the 14th of June, Brooke persuaded Churchill that all British troops should be evacuated from France without delay. From the 15th to 25th of June 191,870 allied troops (144,171 of them British) and a large amount of their equipment were rescued from eight major sea ports on the south west coast of France in Operation Ariel. The only serious setback was the bombing of the troopship Lancastria off St Nazaire, resulting in the deaths of about 4,000 of those onboard; the exact number has never been established.
Winston Churchill referred to the outcome as a “miracle” and the British press presented the evacuation as a “disaster turned to triumph”. The rescue of the British troops at Dunkirk provided a psychological boost to British morale and begat the phrase “Dunkirk spirit”, when used to describe the tendency of the British public to pull together in times of adversity.
In the various evacuations, an estimated 384,000 British servicemen came home, but the BEF had suffered 12,431 killed (roughly a third of those were on the Lancastria), 14,070 wounded had been evacuated and 41,030 were taken prisoner. While the British Army had lost a great deal of its equipment and vehicles in France, it still had most of its soldiers and was able to assign them to the defence of Britain. Once the threat of invasion had receded, they were transferred overseas to the Middle East and other theatres, and also provided the nucleus of the army that returned to France in 1944.
For every seven soldiers who escaped through Dunkirk, one man was left behind as a prisoner of war (POW). The majority of these prisoners were sent on forced marches into Germany to towns such as Trier, the march taking as long as 20 days. Others were moved on foot to the river Scheldt and were sent by barge to the Ruhr. The prisoners were then sent by rail to POW camps in Germany. The majority (those below the rank of corporal) then worked in German industry and agriculture for five years.
No specific campaign medal was awarded for the Battle of France; however, any serviceman who spent 180 days in France between the 3rd of September 1939 and the 9th of May in 1940, or “a single day, or part thereof” in France or Belgium between the 10th of May and 19th of June 1940, qualified for the 1939-1945 Star.
An intelligence report by the German IV Army Corps written in the summer of 1940 in preparation for Operation Sealion said of the men of the BEF:
“The English soldier was in excellent physical condition. He bore his own wounds with stoical calm. The losses of his own troops he discussed with complete equanimity. He did not complain of hardships. In battle he was tough and dogged. His conviction that England would conquer in the end was unshakeable… The English soldier has always shown himself to be a fighter of high value. Certainly the Territorial divisions are inferior to the Regular troops in training, but where morale is concerned they are their equal… In defence the Englishman took any punishment that came his way.”
Sourced from Wikipedia and Youtube
|
FINEWEB-EDU
|
Peregrins
Peregrins were an alternative rock band. Bassist Fred Smith was a founding member of Blondie and recorded with Television during that band's critical peak in the late-1970s. True Believer peaked at number 15 on college radio in August, 1989.
Personnel
* Deirdre Steinschneider, lead vocals
* Jeffrey Dresher, guitars
* Julius Klepacz, drums
* Eve Moon, guitar and backing vocals
* Fred Smith, bass
Discography
* Peregrins LP/CD (MCA 6288) - 1989
* True Believer 12" vinyl/CD Single (MCA 8961) - 1989
|
WIKI
|
23 February, 2014
Parse OU location from DistinguishedName - AD
This post is just a bit of breadcrumb of Powershell bits. I've got some scripts which run regularly and have to analyse 100 000+ AD objects. It can take hours to run them, so every bit of code that can make one iteration in the loop a couple of milliseconds quicker can pay significant dividends when running against many objects.
As I was looking through my 3 years old code, I noticed an ugly solution (we all do these things, don't we). I needed to get the OU location of each object, so I decided to take the DistinguishedName attribute and drop the name of the object from the beginning of string therefore I end up with the full LDAP formatted path of the object (could have taken the CanonicalName attibute in reverse order and replace '\' with 'cn=' or 'dn=' or 'ou=', but then I would have to lookup each of those elements to figure if they are OUs or containers...etc.)
Let's take an example, the dinstinguishedName of an object is "CN=DroidServer,OU=ChalmunsCantina,OU=MosEisley,DC=tatooine,DC=com", so the LDAP path of the object can be determined by dropping the first part of this string before the first comma which leaves us with: "OU=ChalmunsCantina,OU=MosEisley,DC=tatooine,DC=com".
First attempt - original code in my script
Easy, lets split the string based on commas, put the elements into an array and drop the first element, then join the elements into a string again (now without the cn=objectname piece):
$distinguishedName = "CN=DroidServer,OU=ChalmunsCantina,OU=MosEisley,DC=tatooine,DC=com"
$arrDN = New-Object System.Collections.ArrayList
$tmparr = $distinguishedName.Split(",")
$tmparr | %{[void]$arrDN.add($_)}
$arrDN.RemoveAt(0)
$accLocation = [string]::join(",",$arrDN)
$accLocation
This will take 96.5 milliseconds on my machine.
96 milliseconds, fair enough, it's quicker than me doing this on paper.
Second attempt
Let's get rid of the foreach-object (%) when adding elements to $tmpArr and use the .AddRange method of the ArrayList instead - this will just add all elements in one go instead of going through element by element:
$distinguishedName = "CN=DroidServer,OU=ChalmunsCantina,OU=MosEisley,DC=tatooine,DC=com"
$arrDN = New-Object System.Collections.ArrayList
$tmparr = $distinguishedName.Split(",")
[void]$arrDN.addrange($tmparr)
$arrDN.RemoveAt(0)
$accLocation = [string]::join(",",$arrDN)
$accLocation
25 milliseconds, not bad, 4 times quicker.
Third attempt
To see if it can be even quicker, we'll need to "thinking outside the box" and see if there's any simpler solution than working with arrays and instead do this in one step and drop the first bit of the string which we don't need.
It's not obvious in PowerShell because the -replace operator does not support the regular expressions which refer only to the first occurrence in a string. What we can do is make it drop all characters which are not commas and they are followed by a comma, that would make sure the "cn=computername," string is dropped and we end up with the full LDAP path of the object:
$distinguishedName = "CN=DroidServer,OU=ChalmunsCantina,OU=MosEisley,DC=tatooine,DC=com"
$accLocation = $distinguishedName -creplace "^[^,]*,",""
$accLocation
Explanation for the regex pattern:
• ^ start of the string
• [^,]* match one or more non-comma characters
• , match a comma character
0.4669 milliseconds!
200 times quicker than the first solution! With 100 000 objects, originally it takes 160 minutes (obviously in real life it will be less because of caching...etc.) and with the 3rd solution it should take a bit less than a minute. Maybe it can be quicker with some better trick, but I'm not greedy, I've shaved off ~2.5 hours runtime, it's good enough for me... for today...
t
5 comments:
1. Hi, this is the best solution I have seen for this common problem, nice and clean. Any reason for case sensitive replace ?
ReplyDelete
Replies
1. I've been staring at it but I don't remember why I did that, probably I was playing with different regex patters before getting to this solution and left it there. Good catch!
Delete
2. What if the common name of your object contained a comma?
CN=Doe, John,OU=ChalmunsCantina,OU=MosEisley,DC=tatooine,DC=com
ReplyDelete
Replies
1. You are correct, life is not simple, so what I usually have in real life is a much longer script.
What do in this case is post processing of data. So I run through all DNs with the above mentioned script and then check if the first 3 chars of the result is \w\w= (so character, character and then an =). If not, then drop all characters again until the first comma.
Delete
3. Hi, I was Googling around as to why split-path can't parse DNs and I came across your post. Powershell's Regex implementation actually does support matching up to the first occurrence of character. The following I find much clearer than your method:
-replace "^(.*?,)"
In plain English, it means match starting at the beginning of the string, all characters, but only repeat matching all characters long enough to arrive at a comma. The question mark in this case makes the asterisk "lazy."
ReplyDelete
|
ESSENTIALAI-STEM
|
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.