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Wikipedia:Articles for deletion/Dead death
This page is an archive of the proposed deletion of the article below. Further comments should be made on the appropriate discussion page (such as the article's talk page or on a Votes for Undeletion nomination). No further edits should be made to this page.
The result of the debate was delete. – ABCD✉ 00:23, 4 August 2005 (UTC)
Dead death
Not notable band. No evidence that they meet any of the guidelines at WP:MUSIC. Would have fallen under the proposal for speedy deletion of unremarkable bands, but this was voted down so we'll have to go about this the long way. delete -Wiccan Quagga 08:03, 24 July 2005 (UTC)
* Delete. A google search turns up many results for the string "Dead Death" band, but no pages for this band. The band's website (as listed in the article) doesn't even have a dedicated URL, but is hosted at freewebs. --Blu Aardvark | (talk) 08:07, 24 July 2005 (UTC)
* Delete as Not Notable. Hamster Sandwich 10:35, 24 July 2005 (UTC)
* Delete. The band hasn't even registered one of the linked web sites. Pburka 16:38, 24 July 2005 (UTC)
* Delete nn band vanity. -- Etacar11 23:42, 24 July 2005 (UTC)
* Delete nn band vanity. JamesBurns 07:02, 27 July 2005 (UTC)
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WIKI
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Underwater Audio
Underwater Audio is an electronics company that invents, manufactures, and distributes waterproof gadgets such as headphones, earphones, iPod Shuffles, and waterproof smart devices for swimmers.
Brigham Young University marketing graduate Scott Walker established the company as a junior in college in 2011.
The company's operations are based entirely online.
Products & Technology
According to the company's website, Underwater audio's devices are tested to withstand indefinite submersion in up to 10 feet of water. Underwater Audio gained its original traction in the waterproof electronics space by developing a proprietary method for waterproofing iPod Shuffles. Since the discontinuation of the Shuffle in 2017, Underwater Audio has forged a path forward by releasing an original line of waterproof MP3 players and waterproof Micro Tablets. These devices include the SYRYN, an 8GB compact MP3 Player which offers many of the same features as the once-popular iPod Shuffle, and their Flagship device known as The Delphin, a micro tablet which comes in 8 and 16gb storage options. The Delphin is designed to be used with popular streaming apps such as Spotify, Audible, Pandora, and other apps available from the Amazon Appstore
Although the Underwater Audio once specialized in waterproof iPod Shuffles, the company is not affiliated with Apple.
Customer Base
Underwater Audio sells its products to consumers in the United States, Canada, and Australia. Expansion plans include Europe, Asia, and the Middle East.
The company's core customers include surfers, divers, beachgoers, and water-based athletes.
According to the Underwater Audio's founder, the majority of customers include older, middle-aged people who swim once a day.
Consumer and Media Response
In April 2013, Underwater Audio was named the top student-run business by the Utah Student 25, which recognizes student entrepreneurs on the basis of revenue and profit.
As of 2013, Underwater Audio has the number 2 marketshare in the industry.
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WIKI
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Examples of Macdonald polynomials
Arun Ram
Department of Mathematics and Statistics
University of Melbourne
Parkville, VIC 3010 Australia
aram@unimelb.edu.au
Last update: 25 September 2012
Type A2
The Weyl group W0= s1,s2 s12=s22=1, s1s2s1= s2s1s2 acts on the lattices
𝔥=ω1+ ω2and 𝔥*=ω1+ ω2, (4.7)
where s1 and s2 are the reflections in the hyperplanes determined by
α1=2ω1 -ω2, α2=-ω1 +2ω2 ,α1= 2ω1-ω2, andα2=-ω1 +2ω2, (4.8)
with ωi,αj =δij, and ωi,αj =δij. In this case,
φ=α1+ α2,and φ=α1+α2. (4.9)
The double affine braid group is generated by T0,T1,T2,g, Xω1,Xω2, and q1/3, with relations
TiTjTi= TjTiTj, forij, XμXλ= Xμ+λ= XλXμ, forμ,λ 𝔥*, T1Xω2= Xω2T1, T2Xω1= Xω1T2, T1Xω1T1 =X-ω1+ω2, T2Xω2 T2= Xω1-ω2, g3=1,g Xω1= q1/3 X-ω1+ω2g, gXω2= q2/3 X-ω1g, gT0g-1=T1, gT1g-1=T2, gT2g-1=T0. (4.10)
The formula (2.27) gives
g=Yω1 T1-1 T2-1, g2=Yω2 T2-1T1-1, T0=Yφ T1-1T2-1 T1-1, (4.11) g= Xω1T1 T2, (g)2= Xω2T2 T1, (T0)-1 =XφT1 T2T1. (4.12)
At this point, the following Proposition, which is the type A2 case of Theorem 2.1, is easily proved by direct computation.
(Duality). Let Yd=q-1. The double affine braid group is generated by T0, T1, T2, g, Yω1, Yω2, and q1/3, with relations
(T1)-1 Yω1 (T1)-1= Y -ω1+ ω2 , (T2)-1 Yω2 (T2)-1= Y ω1- ω2 , (T1)-1 Yω2= Yω2 (T1)-1, (T2)-1 Yω1= Yω1 (T2)-1, (g)3=1, gYω1= q-1/3 Y-ω1+ω2 g,g Yω2=q-2/3 Y-ω1g, gT0 (g)-1= T1,g T1 (g)-1= T2and gT2 (g)-1= T0.
To give a concrete example of Theorem 3.4 let us compute the symmetric Macdonald polynomial Pρ where ρ=α1+α2. Since
10= Xs1s2s1+ t-1/2Xs1s2 +t-1/2Xs2s1 +t-2/2Xs1+ t-2/2Xs2+ t-3/2,
and Xρm=s0 is the minimal length element of the coset XρW0,
Pρ = 10Eρ=10 τ01 = ( Xs1s2s1+ t-1/2 Xs1s2+ t-1/2 Xs2s1 ) ( T0+ t-1/2(1-t) 1-Y-α0 ) 1 + ( t-2/2Xs1+ t-2/2Xs2+ t-3/2 ) ( (T0)-1+ t-1/2(1-t) Y-α0 1-Y-α0 ) 1 = ( Xs1s2s1s0 +t-1/2 Xs1s2s0+ t-1/2 Xs2s1s0+ t-2/2Xs1s0 +t-2/2Xs2s0 +t-3/2Xs0 ) 1 + ( Xs1s2s1+ t-1/2Xs1s2 +t-1/2Xs2s1 ) t-1/2 (1-t) 1-Y-α0 1 + ( t-2/2Xs1+ t-2/2Xs2+ t-3/2 ) t-1/2 (1-t) Y-α0 1-Y-α0 1.
Since Y-α01= Yφ-d1=q Yα1+α2 1=t2q1,
Pρ = ( Xw0ρ+ t-1/2 Xs1s2ρ T2+ t-1/2 Xs2s1ρ T1 +t-2/2 Xs1ρ T2T1+ t-2/2 Xs2ρ T1T2+ t-3/2Xρ T1T2 T1 ) 1 + ( T1T2 T1+t-1/2 T1T2+ t-1/2T2 T1 ) t-1/2 (1-t) 1-t2q 1 + ( t-2/2T1+ t-2/2T2+ t-3/2 ) t-1/2 (1-t) t2q 1-t2q 1 = ( Xw0ρ+ Xs1s2ρ+ Xs2s1ρ+ Xs1ρ+ Xs2ρ+ Xρ ) 1 + ( t3/2+ t1/2+t1/2 ) t-1/2 (1-t) 1-t2q 1+ ( t-1/2+ t-1/2+ t-3/2 ) t-1/2 (1-t)t2q 1-t2q 1 = ( Xw0ρ+ Xs1s2ρ+ Xs2s1ρ+ Xs1ρ+ Xs2ρ+ Xρ+ ( t+2+2tq+q ) 1-t 1-t2q ) 1.
The set 𝒫(ρ) contains 12 alcove walks,
and
The Hall-Littlewood polynomial and the Weyl character are
Pρ(0,t)=mρ+ (2+t)(1-t) andsρ=Pρ (0,0)=mρ+2,
where mρ=Xw0ρ= Xs1s2ρ+ Xs2s1ρ+ Xs1ρ+ Xs2ρ+ Xρ.
The expression Xs1s2ρs2 =s1s2 s0 is a reduced word for the minimal length element in the coset Xs1s2ρW0 and Theorem 2.2 is illustrated by
τ1τ2τ0 = ( T1+ t-1/2 (1-t) 1-Y-α1 ) τ1τ0= ( T1τ2+ τ2 t-1/2 (1-t) 1-Y-s2α1 ) τ0 = ( T1T2+ T1 t-1/2 (1-t) 1-Y-α2 +T2 t-1/2 (1-t) 1-Y-s2α1 + t-1/2 (1-t) 1-Y-α2 t-1/2 (1-t) 1-Y-s2α1 ) τ0 = T1T2τ0 +T1τ0 t-1/2 (1-t) 1-Y-s0α2 +T2τ0 t-1/2 (1-t) 1-Y-s0s2α1 +τ0 t-1/2 (1-t) 1-Y-s0α2 t-1/2 (1-t) 1-Y-s0s2α1 = T1T2T0 +T1T2 t-1/2 (1-t) 1-Y-α0 +T1 (T0)-1 t-1/2 (1-t) 1-Y-s0α2 + T1 t-1/2 (1-t) Y-α0 1-Y-α0 t-1/2 (1-t) 1-Y-s0α2 +T2 (T0)-1 t-1/2 (1-t) 1-Y-s0s2α1 + T2 t-1/2 (1-t) Y-α0 1-Y-α0 t-1/2 (1-t) 1-Y-s0s2α1 +(T0)-1 t-1/2 (1-t) 1-Y-s0α2 t-1/2 (1-t) 1-Y-s0s2α1 + t-1/2 (1-t) Y-α0 1-Y-α0 t-1/2 (1-t) 1-Y-s0α2 t-1/2 (1-t) 1-Y-s0s2α1 ,
where the eight terms in this expansion correspond to the eight alcove walks in (1,s1s2s0) =(s1s2ρ) pictured below. Applying the expansion of τ1τ2τ0 to 1 and using
Y-α01= Yφ-d1= t2q1, Y-s0α2 1=Yα1-d 1=tq1, and Y-s0s2α1 1=Yφ-2d1 =t2q21, (4.13)
computes
Es1s2ρ = ( Xs1s2ρ t1/2+t t-1/2 (1-t) 1-t2q +Xs1ρt t-1/2 (1-t) 1-tq +t1/2 t-1/2 (1-t) t2q 1-t2q t-1/2 (1-t) 1-tq + Xs2ρt t-1/2 (1-t) 1-t2q2 +t1/2 t-1/2 (1-t) t2q 1-t2q t-1/2 (1-t) 1-t2q2 + Xρt3/2 t-1/2 (1-t) 1-tq t-1/2 (1-t) 1-t2q2 + t-1/2 (1-t) t2q 1-t2q t-1/2 (1-t) 1-tq t-1/2 (1-t) 1-t2q2 ) 1. = t1/2 ( Xs1s2ρ+ (1-t) 1-t2q +Xs1ρ (1-t) 1-tq +t (1-t)q 1-t2q (1-t) 1-tq +Xs2ρ (1-t) 1-t2q2 +t (1-t)q 1-t2q (1-t) 1-t2q2 +Xρ (1-t) 1-tq (1-t) 1-t2q2 + (1-t)q 1-t2q (1-t) 1-tq (1-t) 1-t2q2 ) 1. Xs1s2ρ t1/2 t1/2 (1-t) 1-t2q Xs1ρt1/2 (1-t) 1-tq t3/2 (1-t) 1-tq (1-t)q 1-t2q Xs2ρt1/2 (1-t) 1-t2q2 t3/2 (1-t)q 1-t2q (1-t) 1-t2q2 Xρt1/2 (1-t) 1-tq (1-t) 1-t2q2 t3/2 (1-t) 1-tq (1-t)q 1-t2q (1-t) 1-t2q2
Notes and References
This page is taken from a paper entitled A combinatorial formula for Macdonald Polynomials by Arun Ram and Martha Yip.
page history
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ESSENTIALAI-STEM
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Robert E. JONES, Plaintiff-Appellant, v. AMERICAN POSTAL WORKERS UNION, NATIONAL; American Postal Workers Union, Local Number 4755, Defendants-Appellees, and Patricia Fern Butts, Defendant. Equal Employment Opportunity Commission, Amicus Curiae.
No. 97-2584.
United States Court of Appeals, Fourth Circuit.
Argued: June 8, 1999
Decided: Sept. 10, 1999
ARGUED: Robert E. Jones, Appellant Pro Se. Robert John Gregory, Equal Employment Opportunity Commission, Washington, D.C., for Amicus Curiae. Susan Lynne Catler, O’Donnell, Schwartz & Anderson, P.C., Washington, D.C., for Ap-pellee. ON BRIEF: C. Gregory Stewart, General, Philip B. Sklover, Associate General, Lorraine C. Davis, Assistant General, Equal Employment Opportunity Commission, Washington, D.C., for Amicus Curiae. Peter J. Leff, O’Donnell, Schwartz & Anderson, P.C., Washington, D.C., for Ap-pellees.
Before ERVIN, HAMILTON, and WILLIAMS, Circuit Judges.
Vacated and remanded by published opinion. Judge HAMILTON wrote the opinion, in which Judge ERVIN and Judge WILLIAMS joined.
OPINION
HAMILTON, Circuit Judge:
The principal issue in this appeal is whether a labor union that represents federal employees may constitute a labor organization as that term is defined in the Americans With Disabilities Act (ADA), 42 U.S.C. §§ 12101 — 12213, and therefore be subject to suit in federal district court for violations of 42 U.S.C. § 12112(a). Because the ADA provides that the term “labor organization” shall have the same meaning given that term in Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17, a sister statute, resolution of the principal issue requires us to resolve the antecedent question of whether a labor union that represents federal employees may constitute a labor organization as that term is defined in Title VII. For the reasons that follow, we hold a labor union that represents federal employees may constitute a labor organization as that term is defined in Title VII and by proxy the ADA.
I.
At approximately 11:45 a.m. on June 20, 1994, the Postmaster of the United States Post Office in Martinsburg, West Virginia (the Post Office), Sebastian Giargiano (Postmaster Giargiano), determined that United States Postal Service (the Postal Service) employee Robert Jones (Jones) was acting strangely on the job and was in need of medical treatment. The Postal Service employed Jones as a claims/inquiry clerk. Postmaster Giargiano decided to transport Jones via automobile to the Medical Center for the Department of Veteran’s Affairs (the Medical Center) in Mar-tinsburg. Just prior to leaving the Post Office, Jones handed Postmaster Giargiano an envelope and said this letter is for you. Believing the envelope contained ordinary mail, Postmaster Giargiano tossed it on his desk for reading upon his return.
On the way to the Medical Center, Jones told Postmaster Giargiano that he intended to kill his supervisor, Kim Mickelinc (Mickelinc), that day. He also told Postmaster Giargiano that the system was winning, he could not handle it any more, and that things would be better if Mickelinc was dead. Upon arrival at the Medical Center, Jones was admitted as a psychiatric patient under the care of Dr. Kodali.
Upon returning to the Post Office after transporting Jones to the Medical Center, Postmaster Giargiano opened the envelope Jones had given him and read Jones’s handwritten letter inside. The letter appeared to Postmaster Giargiano to be a suicide note. Postmaster Giargiano notified, among others, the Manager of Human Resources in the Appalachian District for the Postal Service, James Cox, and Postal Inspector Steve Randolph (Inspector Randolph) about the letter and about hearing Jones verbally threaten the life of Mickelinc.
During the next few weeks, the Postal Service investigated the matter. As part of the investigation, Inspector Randolph submitted a report dated July 19, 1994 to Dennis Moles, the Acting Manager of Post Office Operations in Charleston, West Virginia. The report stated that Patricia Butts (Butts), the Secretary-Treasurer of the Eastern Panhandle Local Number 4755, American Postal Workers Union (the Local), informed him (Inspector Randolph) that at a union meeting approximately one week after Jones threatened to kill Mickelinc, those present unanimously expressed objections to Jones returning to work. The report also states that Butts informed him that Jones’s fellow employees would feel very worried and apprehensive if Jones returned to work. Butts repeated the same information a short time later to Postmaster Giargiano.
Dr. Kodali discharged Jones from the Medical Center on July 13, 1994 with a discharge diagnosis of schizophreniform disorder and post traumatic stress syndrome. Dr. Kodak’s discharge instructions recommended Jones spend one month convalescing. On a form provided by the Postal Service and dated August 3, 1994, Dr. Asghar, Jones’s treating physician at the Medical Center for two years, stated that Jones’s prognosis was “[flair to good,” and that Jones could return to work without restriction on August 13, 1994. Dr. Asghar did state on the form, however, that consideration should be given to reducing the amount of time Jones spent with the public.
' On August 8, 1994, Postmaster Giargi-ano advised Jones by written memorandum that effective August 13, 1994 he would be in off-duty status, without pay, until the Postal Service advised him otherwise. The memorandum informed Jones that the Postal Service took this action because his “retention in a duty status may be injurious to [himjself or others.” (J.A. 126). The memorandum then described Jones’s death threat against Mick-elinc in detail.
On September 6, 1994, Postmaster Giar-giano gave Jones written notice of his proposed discharge from the Postal Service no sooner than thirty days from Jones’s receipt of the notice. The notice cited Jones’s improper conduct with respect to his death threat against Mickelinc and his suicide letter. The notice also stated that a letter of warning dated April 18, 1994, for improper conduct, would be considered in deciding whether Jones’s proposed discharge should be sustained by senior Postal Service officials. Senior Postal Service officials sustained the decision to discharge Jones, and Jones was officially discharged on November 7,1994.
The Local grieved Jones’s discharge through the grievance procedures of the applicable collective bargaining agreement and won a reversal of his discharge in arbitration. The arbitration award of July 18, 1995, set aside Jones’s discharge and converted it to a three-year medical leave of absence, thus allowing Jones to return to duty when he passes a fitness-for-duty examination and is no longer collecting workers’ compensation benefits for his mental condition.
On April 3, 1996, Jones filed this action against the APWU in the United States District Court for the Northern District of West Virginia, and on April 19, 1996, he amended his complaint to add the Local as a defendant. Jones’s complaint alleged that Butts’s negative comments about him to Inspector Randolph and Postmaster Giargiano were made in her capacity as Secretary-Treasurer of the Local and were a substantial factor in his discharge. According to Jones’s complaint, Butts’s comments amounted to intentional discrimination by APWU and the Local (the Defendants) against an individual with a disability in violation of the ADA.
On October 16, 1996, the Defendants filed a motion to dismiss the action for lack of subject matter jurisdiction, see Fed. R.Civ.P. 12(b)(1), and alternatively for summary judgment, see Fed.R.Civ.P. 56(c). In support of their motion to dismiss for lack of subject matter jurisdiction, the Defendants argued that the district court lacked subject matter jurisdiction, because (1) they were not “labor organizations” as that term is defined in the ADA, and therefore not subject to suit as covered entities under the ADA, and (2) the Rehabilitation Act of 1973, 29 U.S.C. §§ 701-7961, which does not subject them to suit, provided Jones the only means of remedying the allegations in his complaint. On April 7, 1997, Jones filed a motion for summary judgment.
On April 25, 1997, the district court denied the opposing motions and discovery proceeded. On September 12, 1997, the Defendants renewed their motion for summary judgment, but also reiterated their arguments asserting lack of subject matter jurisdiction. In an opinion dated November 12, 1997, the district court: (1) held that it lacked subject matter jurisdiction over Jones’s complaint for the two reasons argued by the Defendants; (2) granted the Defendants’ motion for summary judgment on that basis; and (3) dismissed the case from its docket. Jones noted a timely appeal, in which the Equal Employment Opportunity Commission (the EEOC) has filed an amicus brief.
II.
In this appeal, Jones challenges the district court’s determination that it lacked subject matter jurisdiction over his ADA claims against the Defendants. Jones has the burden of proving the existence of subject matter jurisdiction. See Evans v. B.F. Perkins Co., 166 F.3d 642, 647 (4th Cir.1999). The existence of subject matter jurisdiction is a threshold issue, which this court must address before addressing the merits of Jones’s ADA claim. See Steel Co. v. Citizens for a Better Env't 523 U.S. 83, 118 S.Ct. 1003, 1012-13, 140 L.Ed.2d 210 (1998) (reaffirming holding that a federal court may not hypothesize subject matter jurisdiction for the purpose of deciding a case on the merits). We review a district court’s determination that it lacked subject matter jurisdiction de novo. See Ahmed v. United States, 30 F.3d 514, 516 (4th Cir.1994).
Below, the district court held that it lacked subject matter jurisdiction upon two alternative grounds. First, the district court held that labor organizations that represent federal employees may not constitute covered entities under the ADA, and therefore are not subject to suit in federal district court for violations of 42 U.S.C. § 12112(a). Second, the district court held that the Rehabilitation Act of 1973, which does not subject the Defendants to suit, provides the exclusive means by which an employee of the Postal Service may seek redress for employment related disability discrimination. We address each of these grounds in turn.
A. Are Labor Organizations That Represent Federal Employees Covered Entities Under the ADA?
Under the ADA “[n]o covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.” 42 U.S.C. § 12112(a) (emphasis added). The ADA defines the term “covered entity” as “an employer, employment agency, labor organization, or joint labor-management committee.” Id. § 12111(2). A district court lacks subject matter jurisdiction over an ADA claim lodged against a defendant that is neither an employer, employment agency, labor organization, nor a joint labor-management committee as those terms are defined in the ADA. See Woodard v. Virginia Bd. of Bar Examiners, 598 F.2d 1345, 1346 (4th Cir.1979) (affirming dismissal of Title VII claim for lack of subject matter jurisdiction because defendant was neither an “employer,” an “employment agency,” nor a “labor organization” as those terms are defined in Title VII). See also Scarfo v. Ginsberg, 175 F.3d 957, 961 (11th Cir.1999) (holding that whether defendants constituted “an ‘employer’ ” within Title VII is a question of subject matter jurisdiction); Armbruster v. Quinn, 711 F.2d 1332, 1335 (6th Cir.1983) (same). But see Sharpe v. Jefferson Distributing Co., 148 F.3d 676, 677-78 (7th Cir.1998) (holding that question of whether employer has more than fifteen employees so as to be subject to Title VII is not jurisdictional, but merits related), abrogated on other grounds by Papa v. Katy Industries, Inc., 166 F.3d 937, 939-40 (7th Cir.1999); EEOC v. St. Francis Xavier Parochial Sch., 117 F.3d 621, 623-24 (D.C.Cir.1997) (holding that question of whether defendant was a covered entity under ADA is not jurisdictional, but merits related). According to Jones, the Defendants constitute labor organizations as the term labor organization is defined in the ADA. Thus, this appeal presents the question of whether a labor organization that represents federal employees may constitute a covered entity under the ADA.
To answer this question, we must first examine the relevant statutory language chosen by Congress to express its intentions. See Holloway v. United States, 526 U.S. 1, 119 S.Ct. 966, 969, 143 L.Ed.2d 1 (1999). If the intent of Congress is clear, then our analysis proceeds no further, for we “must give effect to the unambiguously expressed intent of Congress.” Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 843, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984). In the event the statutory provision or provisions at issue are ambiguous, “the question then becomes one of whether the interpretation by the agency charged with its administration is a permissible one.” See Adams v. Dole, 927 F.2d 771, 774 (4th Cir.1991).
As previously stated, Congress defined the term “covered entity” in the ADA as “an employer, employment agency, labor organization, or joint labor-management committee,” 42 U.S.C. § 12111(2) (emphasis added), and expressly incorporated Title VII’s definition of “labor organization,” see id. § 12111(7). For its part, Title VII defines “labor organization” as:
a labor organization engaged in an industry affecting commerce, and any agent of such an organization, and includes any organization of any kind, any agency, or employee representation committee, group, association, or plan so engaged in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terns or conditions of employment, and any conference, general committee, joint or system board, or joint council so engaged which is subordinate to a national or international labor organization.
Id. § 2000e(d) (emphasis added). Title VII goes on to state in a separate subsection of its definitional section that a labor organization “shall be deemed to be engaged in an industry affecting commerce,” if it maintains a hiring office or has fifteen or more members and falls within one of the following five categories:
(1) is the certified representative of employees under the provisions of the National Labor Relations Act ..., or the Railway Labor Act ...;
(2) although not certified, is a national or international labor organization or a local labor organization recognized or acting as the representative of employees of an employer or employers engaged in an industry affecting commerce; or
(3) has chartered a local labor organization or subsidiary body which is representing or actively seeking to represent employees of employers within the meaning of paragraph (1) or (2); or
(4) has been chartered by a labor organization representing or actively seeking to represent employees within the meaning of paragraph (1) or (2) as the local or subordinate body through which such employees may enjoy membership or become affiliated with such labor organization; or
(5) is a conference, general committee, joint or system board, or joint council subordinate to a national or international labor organization, which includes a labor organization in an industry affecting commerce within the meaning of any of the preceding paragraphs of this subsection.
Id. § 2000e(e) (emphasis added).
The ADA also expressly adopts Title VII’s definitions of “commerce” and “industry affecting commerce.” See id. § 12111(7). Title VII defines the term “commerce” as “trade, traffic, commerce, transportation, transmission, or communication among the several States; or between a State and any place outside thereof; or within the District of Columbia, or a possession of the United States; or between points in the same State but through a point outside thereof.” Id. § 2000e(g). Title VII defines an “industry affecting commerce” as “any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce and includes ... any governmental industry, business, or activity.” Id. § 2000e(h). The ADA also defines “employee” and “employer” in language that closely approximates the definitions of those terms in Title VII. Compare 42 U.S.C. § 12111(4)-(5)(ADA), with 42 U.S.C. § 2000e(b), (f) (Title VII). Notably, both the ADA and Title VII’s definition of employer expressly exclude the United States or a corporation wholly owned by the government of the United States. See id. §§ 2000e(b) & 12111(5).
According to the Defendants, when read in concert, the language of 42 U.S.C. §§ 2000e(b) and 2000e(e) makes plain that a labor organization that represents federal employees is excluded from Title VII’s definition of the term “labor organization.” Subsection 2000e(e), which automatically deems labor organizations to be engaged in an industry affecting commerce under certain conditions, contains references to labor organizations representing “employees of an employer” and “employees of employers.” Id. (emphasis added). Similarly, subsection 2000e(d) provides that the term “labor organization ... includes any organization ... in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment.... ” 42 U.S.C. § 2000e(d) (emphasis added). Because federal employers are excluded from Title VII’s definition of the term “employer,” see id. § 2000e(b) — even though covered under the separate provisions of 42 U.S.C. § 2000e-16 — labor organizations that represent federal employees, the Defendants reason, are exempt from Title VII’s prohibitions, and by proxy, those of the ADA. This is the analysis relied upon by the district court in concluding that the Defendants were not covered entities under the ADA.
Jones and the EEOC as amicus counter that nothing in § 2000e(e) suggests, let alone makes plain, that it serves as the exclusive means of establishing that a particular labor organization is engaged in an industry affecting commerce. They prefer to characterize § 2000e(e) as merely a descriptive list of certain conditions which, if met, automatically equate to a labor organization engaging in an industry affecting commerce. Jones and the EEOC argue that the language of § 2000e(d) broadly covers labor organizations of all kinds. Therefore, at a minimum, if a labor organization that represents federal employees exists for the purpose, in whole or in part, of dealing with the United States or an agency thereof concerning grievances, labor disputes, and the like, and is engaged in an “industry affecting commerce” as that term is defined in § 2000e(h), then that labor organization is subject to the proscriptions of Title VII and by proxy the ADA. Jones and the EEOC point out that an interpretation subjecting labor organizations that represent federal employees to Title VII and ADA liability fully comports with Congress’ primary purpose in enacting these statutes of eradicating targeted employment discrimination. Furthermore, Jones and the EEOC point out that the opposite interpretation would lead to the anomalous result, surely not intended by Congress, of nonfederal employees being allowed to sue their employers and labor organizations for violations of Title VII and the ADA, but federal employees only being allowed to sue their employer.
In support of their interpretation, Jones and the EEOC rely upon the Eighth Circuit’s decision in Jennings v. American Postal Workers Union, 672. F.2d 712 (8th Cir.1982). Jennings involved the Title VII claim of a Postal Service worker who alleged the American Postal Workers Union, Local 8 “discriminated against her on the basis of race and sex by not adequately representing her in her grievance against [the Postal Service].” Id. at 713. The court stated that “[i]t is clear that Title VII provides a cause of action against labor organizations for unlawful employment practices.” Id. at 715. In the court’s view, the fact that the union represented federal employees did not change the analysis, although the court acknowledged that a labor organization that represents federal employees could not be sued under 42 U.S.C. § 2000e-16, which provides for suit against a federal department or agency. See Jennings, 672 F.2d at 715 & n. 6. The court stressed, however, that in cases where a labor organization is the defendant, the federal employee is pursuing a claim under the general provisions of Title VII prohibiting discrimination by labor organizations. See id. The court concluded that although “[§ 2000e-16(c) ] is the exclusive remedy against federal agencies as employers for racial discrimination, ... it does not limit the rights of employees against unions representing federal employees.” Id.
Because the ADA incorporates Title VII’s definition of the terms labor organization, commerce, and industry affecting commerce, our first task is to determine whether Congress has unambiguously spoken in Title VII as to whether a labor organization that represents federal employees may constitute a labor organization for purposes of Title VII. “The plainness or ambiguity of statutory language is determined by reference to the language itself, the specific context in which that language is used, and the broader context of the statute as a whole.” Robinson v. Shell Oil, 519 U.S. 337, 341, 117 S.Ct. 843, 136 L.Ed.2d 808 (1997).
After considering these points of reference, we conclude that Title VII’s definition of labor organization is ambiguous as to whether a labor organization that represents federal employees may be subject to liability under Title VII. First, the initial clause of Title VII’s definition of the term “labor organization” — “[t]he term ‘labor organization’ means a labor organization engaged in an industry affecting commerce,” 42 U.S.C. § 2000e(d)—begs the question of what is the nature of a labor organization for purposes of Title VII. Second, the balance of the definition, which uses the term “employer,” defined in § 2000e(b) as excluding the United States or an agency thereof, merely provides a nonexclusive list of organizations, agencies, employee representation committees, groups, associations, or plans that may constitute a labor organization under Title VII. See West v. Gibson, — U.S. -, 119 S.Ct. 1906, 1910, 144 L.Ed.2d 196 (1999) (holding that Congress’ use of the word “including” in the phrase “through appropriate remedies, including reinstatement or hiring of employees with or without back pay,” 42 U.S.C. § 2000e-16(b), made “clear that the authorization [of remedies] is not limited to the specified remedies there mentioned”); Federal Land Bank v. Bismarck Lumber Co., 314 U.S. 95, 100, 62 S.Ct. 1, 86 L.Ed. 65 (1941) (opining that “the term ‘including’ is not one of all-embracing definition, but connotes simply an illustrative application of the general principle”); Dong v. Smithsonian Inst., 125 F.3d 877, 880 (D.C.Cir.1997) (citing Federal Land Bank for proposition that “the word ‘includes’ normally does not introduce an exhaustive list but merely sets out examples of some ‘general principle’ ”), cert. denied, — U.S. -, 118 S.Ct. 2311, 141 L.Ed.2d 169 (1998); Adams, 927 F.2d at 776 (recognizing that the term “including” is “perhaps more often than not the introductory term for an incomplete list of examples”); 2A Norman J. Singer, Sutherland Stat. Const. § 47.23 (5th ed. 1992) (“When ‘include’ is utilized [in a statute], it is generally improper to conclude that entities not specifically enumerated are excluded.”).
The third circumstance creating ambiguity is that Title VII has a separate section specifically allowing federal employees to sue the United States for unlawful employment discrimination, but does not contain a parallel section addressing labor organizations that represent federal employees. The fourth circumstance creating ambiguity is that although § 2000e(e) declares when a labor organization shall be “deemed” to be engaged in an industry affecting commerce, it does not purport to define the term “labor organization” itself. Fifth and finally, the legislative history of Title VII and the ADA is silent regarding whether a labor organization engaged in an industry affecting commerce and that represents federal employees is subject to their respective proscriptions.
Because we conclude Title VII’s definition of labor organization is ambiguous as to whether a labor organization that represents federal employees may be subject to liability under Title VII, we turn to consider the deference this court should afford the interpretation proffered by the EEOC, the agency charged with primary responsibility for enforcement of Title VII. See Tinsley v. First Union Nat’l Bank, 155 F.3d 435, 441 (4th Cir.1998). The level of deference that this court should afford the EEOC’s proffered interpretation “will depend upon the thoroughness evident in its consideration, the validity of its reasoning, its consistency with earlier and later pronouncements, and all those factors which give it power to persuade, if lacking power to control.” Id. (internal quotation marks omitted).
The law is well settled that an agency’s interpretation of a statute with which it has been charged with administering and which has been reduced to a regulation is to be fully accepted by a court as long as Congress has not directly spoken as to the precise question at issue and the interpretation proffered by the agency is a permissible one. See Chevron, 467 U.S. at 842-43, 104 S.Ct. 2778. This level of deference has come to be known as Chevron deference. We have previously extended Chevron deference to an agency’s interpretation of a statute that had not been reduced to a formal regulation, but that had been announced only in Administrative Notices sent to other agencies with which it worked. See Warren v. North Carolina Dep’t of Human Resources, 65 F.3d 385, 391 (4th Cir.1995). Furthermore, we have previously extended Chevron deference to an agency’s interpretation of statutory language proffered only in the agency’s amicus brief before this court. See Molinary v. Powell Mountain Coal Co., 125 F.3d 231, 235-36 (4th Cir.1997), cert. denied, — U.S. -, 118 S.Ct. 1056, 140 L.Ed.2d 119 (1998).
Here, the EEOC has proffered its interpretation of the relevant provisions of Title VII in the form of an amicus brief before this court. But under the circumstances of this appeal, this fact does not make it unworthy of deference, because the EEOC’s position is in no sense a post hoc rationalization advanced to defend its past action against attack, and there is simply no reason to suspect that the proffered interpretation does not reflect the EEOC’s fair and considered judgment on the statutory interpretation questions at hand. See Auer v. Robbins, 519 U.S. 452, 462, 117 S.Ct. 905, 137 L.Ed.2d 79 (1997) (the fact that the Secretary of Labor’s interpretation of its own regulation was proffered to the Supreme Court in the form of an amicus brief filed at the request of the Court did not make it unworthy of deference, because the Secretary’s position was in no sense a post hoc rationalization advanced by an agency seeking to defend past agency action against attack, and there was simply no reason to suspect that the proffered interpretation did not reflect the Secretary’s fair and considered judgment on the matter in question). Rather, under the circumstances of this case, we believe full Chevron deference is appropriate. After reading the EEOC’s ■brief and listening to its presentation at oral argument, we are convinced the EEOC thoroughly considered the statutory interpretation issues at' hand. Furthermore, as we will explain in greater detail momentarily, we find its reasoning valid. Additionally, the EEOC’s position is consistent with its express agreement in its Compliance Manual with the Eighth Circuit’s holding in Jennings. See EEOC Compliance Manual, Vol. II, § 605, App. 605-N (issued January 29, 1998). Finally, there is no evidence that the EEOC’s proffered interpretation is inconsistent with an earlier or later pronouncement.
Having determined that the EEOC’s interpretation is entitled to full Chevron deference, we must next determine whether the EEOC’s proffered interpretation is “based on a permissible construction of the statute.” Chevron, 467 U.S. at 843, 104 S.Ct. 2778. If it is, then we must sustain the EEOC’s interpretation. See Molinary, 125 F.3d at 235. We have no trouble in concluding that it is. Section 2000e(d) can reasonably be interpreted to mean that, at a minimum, if a labor organization representing federal employees exists for the purpose, in whole or in part, of dealing with the United States or an agency thereof concerning grievances, labor disputes, and the like of the federal employees it represents and is engaged in an “industry affecting commerce” as that term is defined in § 2000e(h), then that labor organization is subject to the proscriptions of Title VII and by proxy the ADA. This interpretation fully comports with Congress’ primary purpose in enacting those statutes of eradicating certain employment discrimination. Such an interpretation avoids the anomalous result, surely not intended by Congress, of nonfederal employees being allowed to sue their employer and labor organizations for violations of Title VII and the ADA, but federal employees only being allowed to sue their employer.
There is no dispute in this case that the Defendants represent federal employees and exist for the purpose in whole or in part of dealing with the Postal Service concerning grievances, labor disputes, and the like. Furthermore, the Defendants’ significant .representational activities on behalf of Postal Service employees fully support the conclusion that the Defendants are engaged in activities in commerce. See 42 U.S.C. § 2000e(h). Accordingly, the Defendants constitute labor organizations for purposes of Title VII liability and by proxy the ADA.
B. Does the Rehabilitation Act of 1973 Provide the Exclusive Means of Remedying Disability Discrimination in Federal Employment ?
As an alternative basis of challenging the district court’s subject matter jurisdiction, the Defendants argue that 29 U.S.C. § 791 is the exclusive means by which a federal employee can remedy disability discrimination in connection with his or her federal employment. In § 791, Congress provided for employment of disabled individuals by federal departments, agencies, and instrumentalities and the formation of affirmative action plans in federal employment. In 29 U.S.C. § 794a(a)(1), 'Congress provided that the “remedies, procedures, and rights set forth in section 717 of the Civil Rights Act of 1964 (42 U.S.C. § 2000e-16) ... shall be available, with respect to any complaint under section 791 of this title, to any employee or applicant for employment aggrieved by the final disposition of such complaint, or by the failure to take final action on such complaint.” Because § 2000e-16(b) sets forth that federal employees alleging employment discrimination may file civil actions in which “the head of the department, agency, or unit, as appropriate, shall be the defendant,” the Defendants argue that Jones is implicitly prohibited from filing a civil action against them alleging disability discrimination under the ADA.
In support of their argument, the Defendants rely on the Supreme Court’s decision in Brown v. General Servs. Admin., 425 U.S. 820, 96 S.Ct. 1961, 48 L.Ed.2d 402 (1976). Brown involved an employee of the General Services Administration (GSA), Clarence Brown (Brown), who believed that he was the victim of race discrimination in failing to be promoted. See id. at 822, 96 S.Ct. 1961. Brown sought administrative relief through GSA, but to no avail. Forty-two days after GSA rendered its final decision denying Brown administrative relief, Brown filed suit against the GSA in federal district court. See id. at 822-23, 96 S.Ct. 1961. Brown alleged claims of race discrimination under § 2000e-16 and 42 U.S.C. § 1981. See Brown, 425 U.S. at 823, 96 S.Ct. 1961. The district court dismissed the action for lack of subject matter jurisdiction. The Supreme Court affirmed on the basis that § 2000e-16 “provides the exclusive judicial remedy for claims of discrimination in federal employment,” and Brown failed to file his civil action within thirty days of the final decision of GSA as required by § 2000e-16(c). Id. at 835, 96 S.Ct. 1961.
The Defendants seize upon the language just quoted from Brown in making their exclusivity argument. See Newbold v. USPS, 614 F.2d 46, 47 (5th Cir.1980) (opining without further discussion that “the Brown court’s broad language on preemption and exclusivity suggests that there is no cause of action against individuals under § 1981 ... ”). In this regard, the Defendants miss the mark by a wide margin because the Supreme Court’s holding presupposes that the suit at issue is only-lodged against an agency of the federal g-overnment. The heart of the issue in the case was whether Congress intended to preclude a federal employee, from alleging a civil rights violation against the federal government, with respect to his employment under the general civil rights statute codified at § 1981, by enacting a statute specifically providing federal employees with a mechanism for suing the federal government for employment discrimination by naming the appropriate department, agency, or unit head. In holding in the affirmative, the Court considered and relied upon the relevant legislative history of § 2000e-16, the language of § 2000e-16, the sovereign nature of the United States, and the cannon “that a narrowly tailored employee compensation scheme preempts the more general tort recovery statutes.” Brown, 425 U.S. at 835, 96 S.Ct. 1961. Moreover, the fact that a federal employee would be able to circumvent the rigorous administrative exhaustion requirements of § 2000e-16 by suing the federal government under § 1981 motivated the Court’s holding. See id. at 832-33, 96 S.Ct. 1961. Significantly, in the present appeal, no sovereign immunity concerns are present, and Jones was not allowed to escape the rigors of exhausting his administrative remedies. Thus, the Court’s rationale in Brown is simply inapplicable to the present appeal.
Because we hold the district court possessed subject matter jurisdiction over Jones’s ADA claims against the Defendants, we vacate the district court’s dismissal of his complaint for lack of subject matter jurisdiction.
III.
Although Jones wins the battle over subject matter jurisdiction, he ultimately loses the war. The district court should have granted the Defendants’ motion for summary judgment. The law is well settled that the ADA is not violated when an employer discharges an individual based, upon the employee’s misconduct, even if the misconduct is related to a disability. See Martinson v. Kinney Shoe Corp., 104 F.3d 683, 686 n. 3 (4th Cir.1997); Collings v. Longview Fibre Co., 63 F.3d 828, 832-33 (9th Cir.1995); Despears v. Milwaukee County, 63 F.3d 635, 637 (7th Cir.1995); Maddox v. University of Tenn., 62 F.3d 843, 846-48 (6th Cir.1995); cf. Little v. FBI, 1 F.3d 255, 259 (4th Cir.1993) (finding no liability under the Rehabilitation Act of 1973 when firing for disability related intoxication on duty). Assuming Butts made the alleged discriminatory comments at issue to Postal Service officials and she represented the Defendants in doing so, there is absolutely no evidence to suggest that the Postal Service discharged Jones for any reason other than the fact that he threatened the life of his supervisor. Because the ADA does not require an employer to ignore such egregious misconduct by one of its employees, even if the misconduct was caused by the employee’s disability, we remand this case to the district court for entry of judgment in favor of the Defendants.
IV.
In conclusion, we vacate the district court’s dismissal of Jones’s ADA claims against the Defendants and remand for entry of judgment in their favor.
VACATED AND REMANDED
.The Local is chartered by the American Postal Workers Union, AFL-CIO (the APWU). The APWU is an unincorporated labor organization with its headquarters in Washington, D.C. At all times relevant to this appeal, the APWU was recognized by the Postal Service as the exclusive collective bargaining representative of postal employees in the clerk, maintenance, and motor vehicle service crafts nationwide pursuant to 39 U.S.C. § 1203. The Local is an autonomous unincorporated labor organization with its own bylaws and officers.
. Notably, in response to a letter dated July 5, 1994, by Postmaster Giargiano to Dr. Kodali asking whether Jones was a possible danger to other employees, Dr. Kodali stated: "He is not dangerous to himself or others at this time. However, he is afraid of losing control if he returned to his office or home.” (J.A. 136).
. The joint appendix on appeal does not disclose the contents or specific nature of this letter.
. He also amended his complaint to add Butts as a defendant but the district court subsequently dismissed her as a party. Jones has not appealed that dismissal, and therefore, Butts is not a party to this appeal.
From hereafter we will refer to the APWU and the Local collectively as the Defendants.
. In this regard, we note that Jones ceded nearly the full amount of his time to present oral argument to the EEOC.
. Finding no merit to Jones’s motion to strike the Defendants' opposition brief to the EEOC’s amicus brief, we deny the motion.
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CASELAW
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Functional characterization of multiple pas domain-containing diguanylate cyclases in synechocystis sp. Pcc 6803
Ko Ishikawa, Chihiro Chubachi, Saeko Tochigi, Naomi Hoshi, Seiji Kojima, Mamoru Hyodo, Yoshihiro Hayakawa, Tadaomi Furuta, Kota Kera, Nobuyuki Uozumi
研究成果: Article査読
抄録
Bis-(3′–5′)-cyclic dimeric guanosine monophosphate (c-di-GMP) is a second messenger known to control a variety of bacterial processes. The model cyanobacterium, Synechocystis sp. PCC 6803, has a score of genes encoding putative enzymes for c-di-GMP synthesis and degradation. However, most of them have not been functionally characterized. Here, we chose four genes in Synechocystis (dgcA–dgcD), which encode proteins with a GGDEF, diguanylate cyclase (DGC) catalytic domain and multiple Per-ARNT-Sim (PAS) conserved regulatory motifs, for detailed analysis. Purified DgcA, DgcB and DgcC were able to catalyze synthesis of c-di-GMP from two GTPs in vitro. DgcA had the highest activity, compared with DgcB and DgcC. DgcD did not show detectable activity. DgcA activity was specific for GTP and stimulated by the divalent cations, magnesium or manganese. Full activity of DgcA required the presence of the multiple PAS domains, probably because of their role in protein dimerization or stability. Synechocystis mutants carrying single deletions of dgcA–dgcD were not affected in their growth rate or biofilm production during salt stress, suggesting that there was functional redundancy in vivo. In contrast, overexpression of dgcA resulted in increased biofilm formation in the absence of salt stress. In this study, we characterize the enzymatic and physiological function of DgcA–DgcD, and propose that the PAS domains in DgcA function in maintaining the enzyme in its active form.
本文言語English
ページ（範囲）659-668
ページ数10
ジャーナルMicrobiology (United Kingdom)
166
7
DOI
出版ステータスPublished - 2020
ASJC Scopus subject areas
• 微生物学
フィンガープリント
「Functional characterization of multiple pas domain-containing diguanylate cyclases in synechocystis sp. Pcc 6803」の研究トピックを掘り下げます。これらがまとまってユニークなフィンガープリントを構成します。
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ESSENTIALAI-STEM
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Sie sind auf Seite 1von 5
DEGREE/PROGRAMME TITLE: Bachelor of Education
SPECIALIZATION: Computer Studies
COURSE NAME: Discrete Mathematics for Computing
COURSE CODE: CS201SEB
NUMBER OF CREDITS: 3
NUMBER OF HOURS: 45 hours
PREREQUISITES: CS100SEB
COURSE DESCRIPTION
GENERAL LEARNING OUTCOMES
This course will develop student teachers understanding of and response to:
1. Concepts in propositional logic and reasoning.
2. Principles of Boolean algebra.
3. Properties of sets, functions and relations.
4. Evaluation of logical proofs.
COURSE CONTENT
UNIT 1: Sets, Logic and Boolean Algebra
Number of hours: 13
Learning Outcomes: Student teachers should be able to:
1.1 Define various sets, including power set of a set and partition of a set and use the various
symbols of set theory.
1.2 Work with the set operations of , on more than two sets while making use of
the properties associated with these operations.
1.3 Create Boolean polynomials using the operations +, - and ~.
1.4 Create logical statements using disjunction, conjunction, negation and implication.
1.5 Use tables to determine the possible values of a Boolean polynomial or logical statement.
1.6 Work with Boolean algebras in a variety of contexts, including sets, propositions and
circuits.
1.7 Simplify a circuit by seeking a minimal Boolean polynomial.
Content:
1.1 Types of set (Power set, proper set, subset)
1.2 Symbols of set theory ( , , , , , , )
1.3 Set operations ( , , )
1.4 Logical operators (, , ~, , , , )
Operator precedence
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Conditional propositions
Reasoning
Deductively
Inductively
Abductively
Truth table
Double implication
Compound statements
Logical equivalence
1.5 De Morgans law
1.6 Quantifiers (universal quantifier and existential quantifiers)
UNIT 2: Relations and Functions
Number of hours: 810
Learning Outcomes: Student teachers should be able to:
2.1 Define and create examples of; the Cartesian product of two sets, relations, equivalence
Relations., partial ordering and functions.
2.2 Create examples of; relations which are not equivalence relations, relations which are not
functions and functions which are one-one.
2.3 Create a variety of pictorial representations of relations and functions.
2.4 Use an equivalence relation on a set to produce equivalence classes., the quotient of
the
set and a partition of the set.
Content:
2.1 Functions (range, domain)
Composite
Injective
Surjective
Bijective
2.2 Relations
Properties
i. Reflexivity
ii. Symmetry
iii. Anti-symmetry
iv. Transitivity
Equivalence Relations and Equivalence Classes
Order Relations
Partial orders
Total orders
UNIT 3: Methods of logical proof
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Number of hours: 8
Learning Outcomes: Student teachers should be able to:
3.1 Explain the nature of a proof while making use of the terms; axioms (assumptions),
statement, hypothesis and conclusion.
3.2 Provide examples of a theorem and its; converse, inverse and contrapositive.
3.3 Make proper use of the expressions; if..then, only if and if and only if.
3.4 Produce a simple indirect proof (reduction and absurdum) such as the classic proof that
2 is irrational.
3.5 Determine when a proof by mathematics induction is possible and use this technique in
simple proofs.
Content:
3.1 Integers, real numbers, complex numbers
3.2 Mathematical induction
Basis step
Recursive step
Conclusion
3.3 Converse, contrapositive and contradiction
UNIT 4: Combinatorics
Number of hours: 68
Learning Outcomes: Student teachers should be able to:
4.1 Use the fundamental counting principle in determining the number of possible outcomes
of an experiment.
4.2 Calculate the number of permutations and combinations which may be created for a set of
objects, while correctly using the standard notions for binomial coefficients, permutations
and combinations.
4.3 Calculate permutations of sets which may be partitioned.
4.4 Illustrate examples involving the fundamental counting principles by means of tree
diagrams.
Content:
4.1 Factorial
4.2 Multiplication principle
4.3 Addition principle
4.4 Permutations
4.5 Combinations
UNIT 5: Probability and expectation
Number of hours: 9
Learning Outcomes: Student teachers should be able to:
5.1 Provide examples of: an experiment and its sample space, various types of events and a
Updated May 30, 2017 Teachers' Colleges of Jamaica Page 3 of 5
finite probability space.
5.2 Use the properties of a finite probability space to calculate the probability of an event and
its complement and conditional probabilities.
5.3 Determine the appropriateness of and be able to use, Venn diagrams and tree diagrams in
calculating certain probabilities.
5.4 Create a discrete random variable on a finite sample space and calculate the expectation
for the random variable.
Content:
5.1 Theoretical versus experimental probability.
Sample space
Possible events, certain events, impossible events
5.2 Conditional probability
UNIT 56: Graph Theory and adjacencyand adjacency Matrices
Number of hours: 102
Learning Outcomes: Student teachers should be able to:
56.1 Define and produce a variety of examples of a; graph, simple graph, complete graph,
bipartite graph, labeled graph, directed graph and tournament.
56.2 Determine from a given graph its; order, size and type (as listed above) as well as the
degree of a vertex.
56.3 Locate/create a particular walk, trail, path or cycle, whenever possible, for a given graph.
56.4 Produce the adjacency matrix and incidence matrix for a given graph.
56.5 Use the kth power of the adjacency matrix to determine the number of walks of length k in
a graph.
56.6 Apply graphs to problems involving; communication and transportation networks,
dominance, map colouring, etc.
Content:
56.1 Graphs definition
Edges
Vertices
56.2 Graph representation
Simple graphs
Weighted graphs
Directed graphs
56.3 Paths and cycles
Eulers cycles
Degree of a vertex
Hamiltonian cycles
6.4 Trees
Spanning trees
Binary search trees
Tree traversals (pre-order, in-order and post order traversals)
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ASSESSMENT STRATEGIES
Coursework
Weighting: 40%
Coursework should include:
Assignments (at least twofive assignments on units 1 to 6) 20%
Tests (at least two on units 1 to 6) 20%
Written Examination
Weighting 60%
One 2 hours examination consisting of at least six (6) structured questions.
RECOMMENDED TEXTS AND REQUIRED READING
Johnsonbaugh, R. (2009). Discrete Mathematics. (7th ed.). London: Prentice Hall.
Lipschutz, S. (1987). Schaums Outline of Essential Computer Mathematics. New York:
McGraw-Hill.
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ESSENTIALAI-STEM
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Zither instruments were created in America as early as 1787.
That was when violinist Joseph Wylie created his famous zither and piano, and it’s been made since then.
Zithers are also one of the most popular instruments in American history, and they’ve been used by the likes of Elton John, Neil Young and many more musicians over the years.
But, how did the ziper and the ziv go from a mere instrument to a worldwide phenomenon?
Here are the origins and how they were made.
Zither and viola instruments in the United States The earliest zithers were made of wood, which is more durable than stone.
But the wood was quickly replaced by stone.
Then in the late 1800s, American manufacturers realized they could make instruments using a metal that was cheaper and more durable.
The zither came to be called the “woodwind.”
The woodwind is a type of wood that can be carved into a variety of shapes, including a circle, a square, and a triangle.
Zivs, on the other hand, are made of a soft, resilient material that’s called a “soft-bark” wood.
It’s hard and light, making it ideal for the construction of zither instruments.
Zippo was a popular way to make zither equipment from the 1800s through the 1900s.
It was made of wire or cord, then it was rolled into a tube and hammered into a shape that resembled a zither.
It also made a useful instrument for those who needed a quick way to play the instrument.
Ziptops were also made from this material.
But by the turn of the 20th century, people were beginning to realize that a ziptop could be made with less than perfect wood and it would be harder to repair than a zib.
And it became a more common and popular way for musicians to make their instruments.
Woodwind instruments were often made of stone and the metal would be cracked by the weather.
This made it difficult to replace the broken wood, so many of the zibs were eventually turned into Zippos, or ziptops.
Ziwos are still made today and are still used for many purposes.
In addition to being used for zithering, the ziwo also has been used for acoustic instruments, making them a good choice for playing guitar, bass, banjo, cello, mandolin and many other instruments.
These were also used for building and decorating homes.
Zihps were also popular among musicians.
In fact, there’s a popular website that shows you how to make a ziwop.
A typical ziwot was made from one-half inch thick (2.5 centimeters) of birch, two inches (5 centimeters), and three inches (9 centimeters) thick.
Zipets are made by hammering out a piece of metal with a wooden hammer.
It takes about 10 minutes to complete.
The metal is then heated to about 200 degrees Fahrenheit (99 Celsius), and it is then covered with a special coating that helps it to be easier to repair.
Zippermakers could use a hammer for a more practical purpose, too: The zippers made for the ziptos were called “zipperpins.”
These were made from a piece known as a “screw.”
A screw can be found on a door lock or on a key ring, but on the zipperpin, the screws were glued to the metal.
Once the screw was in place, the metal was then hammered into the shape of the instrument, with the hammer being used to smash it in.
Zippers were made by a company called Kostik Zipper.
They also produced zippos for other instruments, like banjos, violins and banjo horns.
Zips were also sold in various styles.
Some were made with wood and some were made out of metal, which makes them more affordable.
But it was the metal that made them popular, and Zippop was the first zippop that could be sold in a retail store.
Zilvers were made primarily by a firm called “Zippo Company” in Pennsylvania.
Zizzos were also manufactured by Kostick Zippots, a Pennsylvania-based company that was also based in Pennsylvania until the early 1900s, according to the National Museum of American History website.
Zillers were not popular in the early 20th Century, when the zips were used more often.
However, the late 19th and early 20t century saw the rise of the piano.
The first piano was made in France in 1885 and was known as the piano of the future.
But in 1901, the French government banned all piano production, which created a boom in the popularity of other instruments such as the trumpet and the saxophone.
Zitzers were a popular musical instrument in the mid-20th Century. Z
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FINEWEB-EDU
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Page:The History of the Church & Manor of Wigan part 2.djvu/79
258 was shewen me when as all this evidence in such an action could doe no good; but it will in future tymes be thought that certynly the Earle showed good cardes ; otherwise this had not passed on his syde. Whereto I say, that the Earle's chiefest proofs were only a company of his Tenants, who deposed that he had enjoyed and possessed them during all their remembrance; and also he shewed some few acquittances of parson Fleetwood and parson Stanly for the rent of £12 13s. 4d.; but none before parson Stanlye's tyme. And lastly, to prove that Dalton mannor was his Ancestor's, he produced 2 or 3 Court Roles of Robert Holland (if I mistake not) in Edward 3ds tyme, stiled ''Cur. manerii de Dalton tent, per Robt Holl. &c., but whether he were the sole lord thereof it appears not, or whether he then had these tithes, or whether any of his posterity had them down to Henry 7th, ne verbum quidem'': and I find that Dalton was antiently devided among 4 lords, hereof one was the priory of Burscough. As for the Earles of Darby they never had but only one 4th part thereof, yet all these 4 lords called themselves lords thereof, and sometymes kept courts all jointly and sometymes severally." The tithes of Upholland and Dalton never appear to have been afterwards challenged by the parsons of Wigan, and the same prescription for them is paid to this day. The corn tithes of Upholland were sold by Edward, 12th Earl of Derby, in 1782, to Mr. John Morris, his heirs and assigns, and those of Dalton were sold about the same time to Mr. Prescott of Dalton, with whose respective heirs or assigns they still remain. The respective prescriptions paid to the rector of Wigan for the corn tithes of these two townships are — for Upholland, £8 8s. 10½d., and for Dalton, £4 4s. 5½d., making together £12 13s. 4d., or nineteen marks. There are certain lands in the townships of Upholland, Dalton, and Orrell, amounting in all to 392 acres, two roods, and one pole, of statute measure, which are entirely exempt from all tithes, great and small,
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WIKI
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Phoenix (Vince Bell album)
Phoenix is the first album by the singer-songwriter Vince Bell and was released on July 16, 1994, almost twelve years after Bell was severely injured by a drunk driver. The album landed high on many critics' best-of-the-year lists for 1994.
Track listing
* 1) "Frankenstein"
* 2) "The Beast"
* 3) "Hard Road"
* 4) "Troubletown"
* 5) "Sun & Moon & Stars"
* 6) "Mirror, Mirror"
* 7) "I've Had Enough"
* 8) "Girl Who Never Saw a Mountain"
* 9) "Woman of the Phoenix"
* 10) "Just Because"
* 11) "No Tomorrow"
Personnel
* Vince Bell – vocal, guitar
* Geoff Muldaur – mandolin, banjo, guitars
* Fritz Richmond – washtub bass
* Bill Rich – bass
* David Mansfield – violin
* Mickey Raphael – harmonica
* Stephen Bruton – guitars, mandolin
* John Cale – piano
* Jim Justice – violin
* Paul Logan – bass
* Victoria Williams – guest vocalist
* Lyle Lovett – guest vocalist
Production
* Producer: Bob Neuwirth
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WIKI
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Sea Cliff Bridge
The Sea Cliff Bridge, together with the adjoining Lawrence Hargrave Drive Bridge, are two road bridges that carry the scenic Lawrence Hargrave Drive across the rockface on the Illawarra escarpment, located in the northern Illawarra region of New South Wales, Australia. The balanced cantilever and incremental launching girder bridges link the coastal villages of Coalcliff and Clifton and carry two lanes of traffic, and a pedestrian walkway.
The Sea Cliff Bridge was named by Makenzie Russell, who at the time was an eleven-year-old student, following a naming competition opened to local primary school students. The Lawrence Hargrave Drive Bridge and the Lawrence Hargrave Drive are named in honour of Lawrence Hargrave, an Australian engineer, explorer, astronomer, inventor and aeronautical pioneer.
History
The Sea Cliff Bridge replaced a section of Lawrence Hargrave Drive that was permanently closed in August 2003 due to regular rock falls. A public outcry emerged over the road closure as Lawrence Hargrave Drive is the only road directly linking Coalcliff, Stanwell Park, Otford and Helensburgh to the northern suburbs of Wollongong.
Description
The A$52 million 450 m bridges brace against the Tasman Sea, up to 70 m east of the original alignment of Lawrence Hargrave Drive. Completed in 2005, the Sea Cliff Bridge structure comprises a haunched box girder composed of prestressed concrete that was constructed using the balanced cantilever method, with five spans. Adjoining the Sea Cliff Bridge is the 210 m Lawrence Hargrave Drive Bridge often not considered as two separate bridges. This latter girder bridge that was constructed using the incremental launching method, with seven spans, ranging from 24 to 31 m, shares a common pier with the Sea Cliff Bridge.
The bridges incorporate two traffic lanes of 3.5 to 3.8 m and a 2.5 m pedestrian pathway. Cyclists are allowed to use the traffic lanes and there are shoulders on either side of the road of approximately 1.2 metres (4 ft) width.
The bridges were officially opened by the NSW Premier Morris Iemma on 11 December 2005, and were met with public approval and increased business for the area's tourism industry.
The bridges sit in a harsh marine environment as it directly faces the open ocean and is affected by high sea swell splashing. It is well attested that concrete structures in such environments are especially susceptible to chloride induced corrosion of the steel reinforcement, which can eventually lead to expensive repair works and significantly decrease the life of the structure.
Tourism
An hour south of Sydney, the bridges have been a major tourist spot since they opened in 2005. The area adjacent to the bridges feature a scenic walkway surrounded by rocky cliffs that is a popular location for love padlocks.
Pioneer Walks published the route to the lookout and encouraged spectators to participate in an "unofficial walk with no safety precautions in place". On 30 September 2018, a 24-year-old man hiked to the “lookout" atop the cliff overlooking the bridges, where he sat down to take a rest. The ground he sat on was loose, and he slid 20 m to the cliff’s edge, where he then plummeted 40 m to his death.
In popular media
The Sea Cliff Bridge and adjoining Lawrence Hargrave Drive Bridge were featured in a range of media including:
* a joint 2007 Ferrari/Shell television advertisement that was shown in Australia and many other countries.
* a VE Holden Commodore commercial
* the video game, Forza Horizon 3, where players can race over the bridge
* in Guy Sebastian's music video for the song 'Choir', where he is seen walking under the Sea Cliff Bridge
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WIKI
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Kimani Ffriend
Kimani Ffriend (born 29 July 1977) is Jamaican former professional basketball player. He played at the center position.
College career
Ffriend played NCAA college basketball with the Nebraska Cornhuskers from 1999 to 2001. Prior that, Ffriend attended Gulf Coast Community College and DeKalb College.
Professional career
Ffriend started his professional career with the Greenville Groove of the National Basketball Development League (NBDL) in the 2001–02 season.
Jamaica national team
Ffriend won the gold medal at the 2009 FIBA CBC Championship with the Jamaica national team.
Off the court
In the early morning hours of Saturday, 3 November 2012, Kimani Ffriend hit a 29-year-old woman with his car in downtown Belgrade at the intersection of Francuska Street and Cara Dušana Street, killing her instantly. According to the reports, the basketball player was driving under the influence, with 0.98‰ of alcohol in his blood as determined via a breathalyzer test administered by the police. Twenty-nine-year-old victim Nevena Dragutinović was with her twin sister when she was struck by Ffriend with his Škoda Fabia and killed. Her sister was taken to the emergency center in a state of shock. The accident happened around 4:20 a.m. CET. Ffriend told the police that he had tried to avoid a taxi that was in the right lane, that he had therefore swerved into the left lane and hit the victim. Ffriend left the Valjevo-based Metalac basketball club on the same day earlier, as he was supposed to transfer to Spanish CB Valladolid.
On 5 November 2012, an investigative judge from the Higher Court in Belgrade ordered Ffriend detained for 30 days due to a "possibility of the suspect fleeing the country".
On 5 September 2014, the Belgrade Higher Court found Ffriend guilty of committing a "severe act against public traffic safety" and sentenced him to 3 years in prison along with a 2-year ban on operating motorized vehicles.
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WIKI
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dom/network/interfaces/nsIEthernetManager.idl
author Kim Moir <kmoir@mozilla.com>
Mon, 15 May 2017 09:57:26 -0400
changeset 375975 d38398e5144e312301a5635da5e27cb6054ecdaa
parent 307807 b0af4a677f5939456820eb8806b9bd069ddcf7b6
permissions -rw-r--r--
Bug 1358976 - Stop automatic triggers of nightly builds on mozilla-aurora r=dustin DONTBUILD a=test-only CLOSED TREE
/* This Source Code Form is subject to the terms of the Mozilla Public
* License, v. 2.0. If a copy of the MPL was not distributed with this file,
* You can obtain one at http://mozilla.org/MPL/2.0/. */
#include "nsISupports.idl"
[scriptable, function, uuid(2a3ad56c-edc0-439f-8aae-900b331ddf49)]
interface nsIEthernetManagerCallback : nsISupports
{
/**
* Callback function used to report the success of different operations.
*
* @param success
* Boolean value indicates the success of an operation.
* @prarm message
* Message reported in the end of operation.
*/
void notify(in boolean success, in DOMString message);
};
[scriptable, function, uuid(1746e7dd-92d4-43fa-8ef4-bc13d0b60353)]
interface nsIEthernetManagerScanCallback : nsISupports
{
/**
* Callback function used to report the result of scan function.
*
* @param list
* List of available ethernet interfaces.
*/
void notify(in jsval list);
};
/**
* An internal idl provides control to ethernet interfaces.
*/
[scriptable, uuid(81750c87-bb3b-4724-b955-834eafa53fd1)]
interface nsIEthernetManager : nsISupports
{
/**
* List of exisiting interface name.
*/
readonly attribute jsval interfaceList;
/**
* Scan available ethernet interfaces on device.
*
* @param callback
* Callback function.
*/
void scan(in nsIEthernetManagerScanCallback callback);
/**
* Add a new interface to the interface list.
*
* @param ifname
* Interface name. Should be the form of "eth*".
* @param callback
* Callback function.
*/
void addInterface(in DOMString ifname,
in nsIEthernetManagerCallback callback);
/**
* Remove an existing interface from the interface list.
*
* @param ifname
* Interface name.
* @param Callback
* Callback function.
*/
void removeInterface(in DOMString ifname,
in nsIEthernetManagerCallback callback);
/**
* Update a conifg of an existing interface in the interface list.
*
* @param ifname
* Interface name.
* @param config
* .ip: IP address.
* .prefixLength: Mask length.
* .gateway: Gateway.
* .dnses: DNS addresses.
* .httpProxyHost: HTTP proxy host.
* .httpProxyPort: HTTP proxy port.
* .ipMode: IP mode, can be 'dhcp' or 'static'.
* @param callback
* Callback function.
*/
void updateInterfaceConfig(in DOMString ifname,
in jsval config,
in nsIEthernetManagerCallback callback);
/**
* Enable networking of an existing interface in the interface list.
*
* @param ifname
* Interface name.
* @param callback
* Callback function.
*/
void enable(in DOMString ifname,
in nsIEthernetManagerCallback callback);
/**
* Disable networking of an existing interface in the interface list.
*
* @param ifname
* Interface name.
* @param callback
* Callback function.
*/
void disable(in DOMString ifname,
in nsIEthernetManagerCallback callback);
/**
* Make an existing interface connect to network.
*
* @param ifname
* Interface name.
* @param callback
* Callback function.
*/
void connect(in DOMString ifname,
in nsIEthernetManagerCallback callback);
/**
* Disconnect a connected interface in the interface list.
*
* @param ifname
* Interface name.
* @param callback
* Callback function.
*/
void disconnect(in DOMString ifname,
in nsIEthernetManagerCallback callback);
};
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ESSENTIALAI-STEM
|
Connecting to WMI on a Remote Computer by Using Windows PowerShell
Connecting to WMI on a Remote Computer by Using Windows PowerShell
Windows PowerShell provides a simple mechanism to connect to Windows Management Instrumentation (WMI) on a remote computer. Remote connections in WMI are affected by the Windows Firewall, DCOM settings, and User Account Control (UAC). For more information about configuring remote connections, see Connecting to WMI Remotely Starting with Windows Vista.
The examples in this topic are based on the VBScripts from Connecting to WMI on a Remote Computer. All of the examples in this topic use the Get-WmiObject cmdlet. For more information, see Get-WmiObject.
Windows PowerShell examples
When creating a connection to a remote computer, a user can specify the connection information such as the remote computer name, credentials, and the authentication level for the connection. The following examples illustrate how to connect to a remote computer by using different sets of credentials and how to access WMI information.
The following Windows PowerShell example shows setting the impersonation level:
Get-WmiObject -Namespace "root\cimv2" -Class Win32_Process -Impersonation 3 -ComputerName Computer_B
In the preceding example, the user connects to a remote computer by using the same credentials (domain and user name) that they logged on with. The user also requested to use impersonation. Unlike the original VBScript example, a moniker string is not needed because the impersonation level is set by the "Impersonation" property. By default, the impersonation level is set to 3 (Impersonate).
The example lists all the instances of the Win32_Process class that are running on remote computer.
To view the original VBScript example, click here.
Note You should specify the WMI namespace to connect to on the remote computer because it is possible that the default namespace is not the same on different computers.
The following Windows PowerShell example shows how to connect to a remote computer with different credentials and to set the impersonation level to 3, which is Impersonate:
$Computer = "atl-dc-01"
Get-WmiObject -Namespace "root\cimv2" -Class Win32_Process -Impersonation 3 -Credential `
FABRIKAM\administrator -ComputerName $Computer
In the preceding example, the computer name was assigned to the $Computer variable. The user connects to a remote computer by using specific credentials (domain and user name) and requests impersonation for the authentication level.
Note The grave-accent character (`) is used to indicate a line break. It is equivalent to the underscore character (_) in VBScript.
To view the original VBScript example, click here.
The following Windows PowerShell example connects to a group of remote computers in the same domain by creating an array of remote computer names and then displaying names of the Plug and Play devices—instances of Win32_PnPEntity—on each computer:
$ArrComputers = "Computer1", "Computer2", "Computer3"
foreach ($Computer in $ArrComputers)
{
write-host ""
write-host "===================================="
write-host "Computer: $Computer"
write-host "===================================="
write-host "-----------------------------------"
write-host "Win32_PnPEntity instance"
write-host "-----------------------------------"
$ColItems = Get-WmiObject -Class Win32_PnPEntity -Namespace "root\cimv2" -Computer $Computer
$ColItems[0..47] | Format-List Name, Status
}
Note To run the preceding Windows PowerShell script, you must be an administrator on the remote computers. Also, relating to the preceding example, note the following:
• The computer names in the array must be enclosed in quotation marks because they are strings.
• The objects returned by the Get-WmiObject are assigned to the $ColItems variable.
• The range operator [] limited the list of Plug and Play devices to 48 instances. For more information, see About_Operators.
• The "|" is the pipeline character. The object returned by ColItems is sent to the Format-List cmdlet.
To view the original VBScript example, click here.
The following Windows PowerShell example enables you to connect to a remote computer on a different domain. This example also displays the process names for instances of Win32_Process on the remote computer.
$Computer = "FullComputerName"
$Domain = "DOMAIN"
$Credential = Get-Credential
$ColItems = Get-WmiObject -Class Win32_Process -Authority "ntlmdomain:$Domain" `
-Credential $Credential -Locale "MS_409" -Namespace "root\cimv2" -ComputerName $Computer
foreach ($ObjItem in $colItems)
{
write-host "Process Name:" $ObjItem.name
}
Note To run the preceding Windows PowerShell script, you must be an administrator on the remote computer.
In the preceding example, the user connects to a remote computer on a different domain and specifies a preferred locale. The Get-Credential command requests the user's credentials and assigns the credentials to an object. The example also lists the names of instances of the Win32_Process class that are running on the computer.
To view the original VBScript example, click here.
Show:
© 2016 Microsoft
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ESSENTIALAI-STEM
|
User:Arsenalkid700/Sandbox 2
This is a list of foreign players in the I-League, which commenced play in 2007. The following players must meet both of the following two criteria:
* 1) Have played at least one I-League game. Players who were signed by I-League clubs, but only played in lower league, cup and/or Asian international games, or did not play in any competitive games at all, are not included.
* ''A player is considered foreign if he is not eligible to play for the national team of India.
More specifically,
* If a player has been capped on international level, the national team is used; if he has been capped by more than one country, the highest level (or the most recent) team is used.
Clubs listed are those for which the player has played at least one I-League game—and seasons are those in which the player has played at least one I-League game. Note that seasons, not calendar years, are used. For example, "2007–11" indicates that the player has played in every season from 2007–08 to 2010–11, but not necessarily every calendar year from 2007 to 2011. Therefore, a player should always have a listing under at least two years - for instance, a player making his debut in 2011, during the 2011–12 season, will have '2011–12' after his name.
In bold: Players in the current season (2012–13), and are still at the clubs for which they've played.
Nigeria [[nigeria|🇳🇬]]
* Chidi Edeh — Dempo, Mahindra United, Mohun Bagan, Salgaocar, East Bengal — 2007–
* Oneyama Eke — ONGC F.C. — 2012–
* Henry Ezeh — Air India — 2011–
* Gbeneme Friday — Mumbai, Shillong Lajong — 2011–
* Ranti Martins — Dempo, Prayag United — 2007–
* Ogba Kalu Nnanna — Churchill Brothers, Dempo, Sporting Goa — 2007–
* Salau Nuruddin — United Sikkim — 2012–
* Junior Obagbemiro — Sporting Goa, Prayag United, Salgaocar, Air India — 2008, 2008–2009, 2009–
* Anoure Obiora — Sporting Goa — 2012–
* Hassan Odeola — ONGC — 2012–
* Uga Samuel Okpara — East Bengal — 2009–
* Odafe Onyeka Okolie — Churchill Brothers, Mohun Bagan — 2007–2012
* David Opara — Air India, ONGC, Churchill Brothers, Mumbai — 2009–
* Penn Orji — JCT, East Bengal — 2009–
* Bello Razaq — Viva Kerala, Prayag United — 2008–
* Koko Sakibo — Dempo — 2011–
* Ebi Sukore — Mumbai, Shillong Lajong — 2011–
* Chika Wali — Pune, Prayag United, Pune — 2007–
|
WIKI
|
API Reference 2.0
Math expressions
Math expressions bring very dynamic functionality to your jobs.
Usage
Math expressions, unlike variables, must be surrounded by {% expression %}
Like "if" key for conditional outputs, all variables can be used inside math expressions.
"outputs": {
"mp4": [
{
"key": "mp4-half",
"format": {
"resolution": "{% input.width / 2 %}x",
"video_bitrate": "{% int(input.video_bitrate / 2) %}k"
},
"path": "/half.mp4"
}
]
}
Math Operators
+ - / * are supported.
Functions
FunctionDescriptionExample
min(int, int, int, ...)Return the lowest number{% min(input.video_bitrate, 1200) %}
max(int, int, int, ...)Return the biggest number{% max(input.fps, 30) %}
int(val)Return the value as integer{% int(input.video_bitrate / 2) %}
float(val)Return the value as float{% float(input.duration / 6) %}
array(val1, val2, val3)Return an array with the given values{% array(0, input.duration / 3, input.duration-1) %}
if(condition, val1, val2)Evaluate the given condition and return the value weither it's true or false{% if(input.video_bitrate > 2000, 2000, input.video_bitrate) %}
More examples
Limit the video bitrate to not be higher than original.
"mp4": {
"path": "/video.mp4",
"format": {
"video_bitrate": "{% max(input.video_bitrate, 2500) %}k"
}
}
Crop the video to make a zoom effect.
"mp4:1080p": {
"path": "/crop.mp4",
"crop": "{% input.width / 2 %}:{% input.height / 2 %}"
}
Give offsets in second dynamically.
"jpg:320x"": {
"path": "thumbnails%.2d.jpg",
"offsets": "{% array(1, input.duration / 3, input.duration / 2, input.duration-1) %}"
}
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ESSENTIALAI-STEM
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Page:Philosophical Review Volume 9.djvu/566
550 extension greater than that of the other two terms; and finally, in the third figure, the middle term itself has the least extension of all the terms. But this tabulation will serve at the same time to disclose the principles underlying the classification which led to the division of syllogisms into the three figures: it is the relation as regards extension in which the middle term stands to the other terms."
This explanation, which may now be fairly said to be established, receives striking confirmation from the apt interpretation given by Dr. Maier of the meaning of the so-called of the terms in the three figures. He shows (pp. 53, ff.) that it refers to the order of the letters of the alphabet which are conventionally used by Aristotle in three groups,, for the first figure ;, for the second ; , for the third. Thus, then, in accordance with this scheme for the first figure, the middle term,, will also regularly occupy the middle place in the order of occurrence as the terms appear in the series presented by the schematized syllogism.
With this notice we may now content ourselves. The typography of the book is rather unusually good. A very few errors of consequence appear, two of which may be noted. On p. 37, line 6, nicht seems to have fallen out before "völlig" and, on p. 114, note 2., announced in the text, does not appear at the foot of the page. In conclusion we may say, what really need not be said after the favorable words already spoken, that Dr. Maier has undoubtedly given us the best book on the subject of Aristotle's logic.
In his preface Professor Hoffman states that the object of his book is "to point out with clearness what it is that constitutes a science, and to set forth with some detail what are the grounds upon which every science rests, and what are the principles and rules that must be followed in order to construct one. It is maintained from the first chapter to the last that every department of knowledge is capable of scientific treatment, and must be so treated before any great advance can be made towards a consistent and rational conception of the universe." He also states that the book is "the outcome of a series of lectures given to my classes in Union College to supplement their work in Formal Logic." The general character of the book would lead us to estimate it as such a supplement.
What constitutes a science is outlined in the first chapter. A science involves (1) a knowledge of facts, (2) that these facts be capable of verification, (3) that the knowledge of them be classified, and (4) that they be put together in a system. These constituents yield the following definition:
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Technical Forum
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Custom Alert Banner
http monitor send string: IP node / name node / pool name
Chimy
Nimbostratus
Nimbostratus
I desire create a monitor that include a variable about the ip node, name node or pool name.
The idea is create a only only one monitor and use to several pools, or nodes.
For example
a pool named www.company.com has three nodes
--- node1: 192.168.1.10
--- node2: 192.168.1.20
--- node3: 192.168.1.30
pool monitor
Send string: 'GET / HTTP/1.1\r\nHost: <pool_name>\r\nConnection: Close\r\n\r\n'
or
Send string: 'GET / HTTP/1.1\r\nHost: <ip_node1>\r\nConnection: Close\r\n\r\n'
or
Send string: 'GET / HTTP/1.1\r\nHost: <name_node1>\r\nConnection: Close\r\n\r\n'
node monitor
Send string: 'GET / HTTP/1.1\r\nHost: <ip_node1>\r\nConnection: Close\r\n\r\n'
or
Send string: 'GET / HTTP/1.1\r\nHost: <name_node1>\r\nConnection: Close\r\n\r\n'
As I said which is the variable to replace <pool_name> in the send string. ?
which is the variable to replace <ip_node1> in the send string. ?
which is the variable to replace <name_node1> in the send string. ?
4 REPLIES 4
Paulius
MVP
MVP
@Chimy sadly I don't believe a way exists to dynamically populate the host header value so that you can use one health monitor. You would have to configure 3 seperate health monitors and associate them to the appropriate pool member.
Mike757
MVP
MVP
Hi, @Chimy
First, and as @Paulius said, there is no variable substitution configuration for monitors. But... allow me to give you some ideas.
1. I wouldn't bother with a node monitor at all, but that's personal opinion. I mean... if the service at pool-member level is working, why would I care about the node? This might be a wrong idea for some scenarios, but to be honest I haven't found a situation in which node-level monitoring had any applicability. More traffic for nothing, in my opinion.
2. If you really want a node monitor, I wouldn't use the same type that you're already using in your pool members. Maybe an ICMP type monitor would work best at node level.
3. Unless you're making some host HTTP header replacement with iRules, your servers should probably be configured to accept traffic directed to the proper value, which in this case would be "www.company.com". So why not use just that in the pool monitor?
4. If you're just waiting for a "200 OK" response, you're better off using HEAD instead of GET.
5. Instead of "/" as resource, use something that allows the server administrator to put the server down for maintenance on his own. Something like "HEAD /healthcheck.html HTTP/1.1\r\nHost: www.company.com\r\nConnection: Close\r\n\r\n", for example. The admin would only have to rename the file to put the server in maintenance mode, without having to disable the HTTP daemon.
/Mike
Well.,
The idea is set a pool name as
www.service1.com
www.service2.com
.
.
www.service3.com
so, with only one http monitor config can monitor all pools, having a $varciable that could take the value from the pool name.
Also, I asked about if there some way to take the values (node name or IP ) from the nodes
Note: HEAD instead of GET <<- good point. I will use that option
@Chimy It is not possilbe to perform this dynamic host field in a single health monitor for anything that is built in. It might be possible to create an external health monitor to do this but I'm not familiar enough with external monitors in order to do this. In addition, having an external monitor ends up using significantly more resources and over complicates the configuration of your F5. You should create either multiple pools with a unique health monitor per pool or one pool and assign multiple health monitors for each host and then utilize an iRule to perform validation on what health monitors are passing and failing and send the appropriate failed response to the client for specific health monitor failures. This second option is a bit more complicated and you're better off creating a unique pool and health monitor per host.
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ESSENTIALAI-STEM
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Patching, or Occlusion Therapy
Patching, or ‘Occlusion Therapy’, is prescribed for cases where there is a difference in acuity between the patient’s two eyes, in other words the patient can see better with one eye than the other. The patient naturally prefers the ‘good’ eye and the weaker eye can become lazy and develop amblyopia (also known as a ‘lazy eye’). ‘Patching’ means wearing a patch to cover up the good eye, forcing the brain to use the weaker eye. This can be very effective in strengthening the weaker eye, although the outcome depends on many things, such as the individual case history, the degree of amblyopia (mild or severe), the age of the patient, and of course how successful the patient is at wearing the patch for the prescribed amount of time.
Different kinds of patches
Various kinds of patches are available, and you may need to try a few to see which one suits your child best. The most common are disposable adhesive (sticky) patches, which stick on to the child’s face like a sticking plaster. These are effective in making sure the child cannot ‘cheat’ and use their stronger eye; however it can be painful to tear the patch off and the adhesive can irritate sensitive skins. If the adhesive is weaker, and the patch is less painful to remove, then the child may tear the patch off themselves. These are available in a peachy ‘flesh’ tone or in brighter colours and different designs. Manufacturers include Opticlude and Ortopad. Some parents use baby oil, E45 cream or milk of magnesia when removing the patch to soothe the skin.
The other popular type of patch is a fabric patch which slides on over glasses. These are specially designed to cut out peripheral vision as well as covering up the lens of the spectacles. Kay Fun Patches is a UK supplier of this type of patch. Framehuggers, is a supplier based in the USA, and Patch Pizazz, is a supplier based in New Zealand.
The main disadvantage is that the child can remove the glasses and patch themselves. The advantages are that this type of patch will not irritate sensitive skin nor will it be painful to remove. Another advantage is that you can choose different designs – you could even get creative and make your own with some felt! For an online tutorial on how to make your own patches see Lucykate crafts. These patches are also better for the environment than the disposable type, which you may wish to consider.
It is also possible to buy a ‘pirate-style’ patch which has an elastic strap that goes round the patient’s head. These are usually made of fabric. These may not be suitable for younger children as they can easily remove the patch themselves or pull the patch down so that the elastic is around their neck.
How long will my child have to wear a patch?
This depends greatly on the individual case. A child who had a partial cataract which was removed early is likely to have better vision in their amblyopic eye than a child who had a dense cataract for a long time. This is because the more the brain uses the eye, the stronger the connections become and the better the vision becomes. So unfortunately there is no clear answer, although it has traditionally been felt that the benefits of patching are greatest in patients under 10 years old, and you could expect anything from one hour a day to ‘all waking hours’ or ‘all waking hours minus one’ – typically 4 to 6 hours a day. Your pediatric ophthalmologist or orthoptist will monitor your child’s progress and adapt the patching time according to how their vision is developing. It is often said that patching is as much an art as a science – that is, there is no right or wrong amount of patching, so it depends what your ophthalmologist or orthoptist tells you.
Alternatives to Patching
In recent years there have been several developments in the treatment of amblyopia. Some doctors now prescribe atropine eye drops in the stronger eye, which forces the brain to use the weaker eye. This is not really an option for an eye which has had a cataract removed, since the difference between the eyes is likely to be significant, and the atropine will only blur the good eye, making it suitable for cases of mild amblyopia only. There is also an opaque ‘black’ contact lens which is designed to do the same thing as a traditional patch – block out the light from the stronger eye – however the majority of doctors prefer to stick with the traditional kind because inserting a contact lens carries a risk of infection. Your ophthalmologist should be willing to answer any questions you have about patching.
Support with Patching
Patching is difficult, however long you have to do it for. Parents are carers are likely to feel very isolated, as they may not know anyone else going through anything similar. Children naturally do not enjoy wearing the patch and it may be near-impossible to get the patch on and keep it on. In some cases, parents and carers resort to specially made ‘arm restraints’ to prevent a child from taking their patch off. Older children will feel self-conscious, especially if they have to wear the patch to school. It is important to remind the child often of the reasons for patching – to improve vision – and that the more they wear it now, the sooner they will be able to stop wearing it.
Parents may like to try reward charts, listening to music, planning fun activities to do while wearing the patch, distracting their child, for example by a change of scenery or a new toy (or of course good old-fashioned bribery).
Some links to web resources offering support for parents/carers and children:
1. Opticlude is a brand of adhesive eye patch. Their website offers games for children to do while patched, and you can download sticker charts and order free stickers and transfers to decorate patches. They have written an informative factsheet on Engaging your Child.
2. Website of the company Orthoptic Supplies, based in the North-East of England. Includes large free ‘reward’ posters where you can stick your used patches – various designs including Syd the Snake, Princess Rebecca, Danny the Dragon, Freddie the Fish. Look for ‘Motivational Products’ on the website.
3. America has the Eye Patch Club for children There is also a discussion forum at the main Prevent Blindness America site.
If you would like to suggest any more useful resources, or if there is any information about patching which you feel is not covered here, please let us know! We value your feedback.
Author: Lucie, parent
This article has been checked for medical accuracy by Miss Isabelle Russell-Eggitt, Consultant Paediatric Ophthalmologist, Great Ormond Street Hospital, London
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Page:Vol 5 History of Mexico by H H Bancroft.djvu/523
Rh about half a mile west of the casa mata, prepared to advance, partly by the main road to the molino, narrowed by a bridge at a small intervening ravine, partly by a clear sweep round it to the left. Álvarez saw his opportunity as McIntosh prepared to assault the casa, and ordered a charge by front and flank. But his seconds bungled and dallied till Duncan, for the time unable to fire on the casa mata, was able to bring up his guns. A few shots sufficed to throw the advancing body into disorder, of which the voltigeur regiment took advantage for a vigorous assault that forced a retreat. Duncan was relieved just in time to renew his cannonade upon the casa, and this time with such effect as to seriously trouble Perez. The fort was a powder-magazine. By this time the mill had fallen, and seeing that soon the brunt would concentrate upon him, he determined to retreat in time. The pursuing Americans captured less than two score of his men.
At this moment, when the battle was practically over, reënforcements appeared along the road skirting the northern side of Chapultepec, under the direction of Santa Anna, as if to retake the mill; but the Americans quickly brought up and unlimbered their guns, assisting the infantry to repulse them, with the loss of a field-piece. Nevertheless the proximity of the commander-in-chief with additional troops restored a certain degree of confidence among those who had retreated into the grove, and assisted indirectly the retreat of Perez. A combined movement might therefore have been undertaken with good prospects, but for the approach of reënforcements
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Talk:Interstate 238
Parentheses
I think there are a little too many parentheses in the lead. Is it possible to at least reduce them? — Preceding unsigned comment added by I love the interweb! (talk • contribs) 00:14, 5 July 2013 (UTC)
Bracket User84838 (talk) 21:37, 17 October 2022 (UTC)
* @User84838: I don't know what this comment is supposed to mean, but looking at the lead, there are two sets of parentheses, both containing needed abbreviations. Based on the number, I'd say that there are not too many, and based on the purpose, I'd say that they can't be reduced. Imzadi 1979 → 22:17, 17 October 2022 (UTC)
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Mohammed Shehab
Mohamed Shehab (born 11 December 1976) is a professional snooker player from the United Arab Emirates.
The winner of the Snooker Singles at the 2007 Asian Indoor Games, Shehab has enjoyed good form in the six-red variant format, most notably at the 2018 Six-red World Championship, where he reached the quarter-finals, defeating reigning World Champion Mark Williams in the last 16.
Career
He competed as a professional on the main tour in the 1996–97 and 2006–07 seasons, finishing the latter with a ranking of 90th, the highest of his career.
Shehab regained the professional status recently in Q Tour Global Playoffs after defeating Hong Kong China’s Yu Kiu Chang 10-8 to earn a third spell on the World Snooker Tour.
Main tour
He entered nine tournaments, but his best performances came in the 1997 International Open and the European Open, where he reached the third qualifying round. Shehab had recorded his first professional win in the former, a 5–3 defeat of Englishman Rajan Sharma, but added only five more all season. Shebab would participate in the qualifying for both the 1996 UK Championship and the 1997 World Championship. His season's campaign culminated in a 1–5 loss to Iain Trimble in his second match. He finished the season ranked 397th and, with the addition of the secondary UK Tour, was immediately relegated from the main tour.
Shehab did not play again competitively for five years, until he entered the 2002 World Amateur Championship. There, he compensated for losses to Martin Gould and Alex Borg with victories over Habib Subah and seven others to progress from his group. He beat Supoj Saenla and Martin McCrudden to reach the quarter-finals, but lost 5–6 there to Steve Mifsud.
This led Shehab to enter several events on the Challenge Tour, which had replaced the UK Tour, during the 2003/2004 season; he lost in the semi-finals of one event to Stefan Mazrocis, but progressed no further after this. In Event Two, he defeated seventeen-year-old Mark Allen 4–3, but lost to Steve James in his next match. Shehab would also attempt to qualify for the world championship this season, but lose in the second round of qualifying to Lee Farebrother
Although he entered only one tournament in the following two seasons - losing 1–4 to Andrew Higginson in Event 1 of the 2004 Challenge Tour - Shehab won back his place on the main tour in 2006.
His second season as a professional brought no more success than his first, Shehab winning only four matches and earning only £500. He defeated Stuart Pettman, Liu Song and Borg in the 2006 Grand Prix, and Liu again in the Malta Cup, but lost his final four matches. Following a 6–10 loss to Mark Joyce in qualifying for the 2007 World Snooker Championship, Shehab finished the season ranked 90th, and was relegated once more from the tour.
Amateur career
Shehab would later win the Singles Snooker championship at the 2007 Asian Indoor Games. He defeated India's Yasin Merchant 4–2, Hong Kong's Chan Wai Ki 4–1, Thailand's Issara Kachaiwong 4–1, China's Xiao Guodong 4–3 before beating Thailand's James Wattana 4–3 in the final.
After playing as a wildcard entry in the 2009 Shanghai Masters, losing 3–5 to Graeme Dott, Shebab would contest the 2009 Six-red World Grand Prix, where he would come second in his group, defeating Joe Perry, and eventual winner Jimmy White, before defeating Nigel Bond in the first round. He would lose his second knockout round match to Judd Trump.
After 2009, Shehab continued to play at amateur level, entering the World Amateur Championship each year. His best performance came during the 2013 edition, when he reached the quarter-finals, where Lee Walker beat him 6–3. Shebab would make an appearance in the 2018 Six-red World Championship, where he would qualify from his group, thanks to wins over David Gilbert and Thanawat Tirapongpaiboon, and a 5–4 loss to Mark Selby. Shehab would draw world snooker champion Mark Williams in the last 16 knockout round. Shehab would win the match 6–3, and would play Sunny Akani in the Quarter-finals.
In 2023 Shehab celebrated 100 medals remarkable achievement for his country UAE.
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Lesson: Isaiah 35:4-7a
4 Say to those who are of a fearful heart, ‘Be strong, do not fear! Here is your God. He will come with vengeance, with terrible recompense. He will come and save you.’
5 Then the eyes of the blind shall be opened, and the ears of the deaf unstopped;
6 then the lame shall leap like a deer, and the tongue of the speechless sing for joy. For waters shall break forth in the wilderness, and streams in the desert;
7a the burning sand shall become a pool, and the thirsty ground springs of water;
The Book of Isaiah is a composite of writings from three distinct periods in Israel’s history. Chapters 1-39 are called “First Isaiah” and called for Jerusalem to repent in the 20 years before Jerusalem was under siege by the Assyrians in 701 BCE. “Second Isaiah” is Chapters 40 to 55 and brought hope to the Judeans during the Exile in Babylon (587 to 539 BCE) by telling them they had suffered enough and would return to Jerusalem. “Third Isaiah” is Chapters 56 to 66 and, for the most part, gave encouragement to Judeans who returned to Jerusalem (which had been largely destroyed by the Babylonians in 587 BCE) after the Exile.
In spite of these seemingly clear divisions, today’s reading from Chapter 35 was likely written during the Exile and was inserted by the final compiler of the Book of Isaiah to provide a transition from First Isaiah to Second Isaiah.
Today’s reading gives hope that the Exile will end. It says that disabilities would be removed and there will be water in the wilderness. By promising that the wilderness would have water, it suggested that the Judeans would be able to return to Jerusalem by a more direct route than expected. Portions of verses 5 and 6 are paraphrased in today’s reading from Mark.
A minor point of information: the “a” in the description of the reading shows that only the first half of verse 7 is read. The second half of this verse has a number of different translations and reflects the fact that it is often difficult to determine the best text to translate.
The NRSV says: “the haunt of jackals shall become a swamp; the grass shall become reeds and rushes.” A translator’s note says that the Hebrew text is “in the haunt of jackals is her resting place.” The JPS translation of the same verse is: “the home of jackals, a pasture; the abode [of ostriches] reeds and rushes.” The JPS translator noted that 34:13b reads “a home of jackals and an abode of ostriches.”
Epistle: James 2:1-17
1 My brothers and sisters, do you with your acts of favoritism really believe in our glorious Lord Jesus Christ? 2 For if a person with gold rings and in fine clothes comes into your assembly, and if a poor person in dirty clothes also comes in, 3 and if you take notice of the one wearing the fine clothes and say, “Have a seat here, please,” while to the one who is poor you say, “Stand there,” or, “Sit at my feet,” 4 have you not made distinctions among yourselves, and become judges with evil thoughts? 5 Listen, my beloved brothers and sisters. Has not God chosen the poor in the world to be rich in faith and to be heirs of the kingdom that he has promised to those who love him? 6 But you have dishonored the poor. Is it not the rich who oppress you? Is it not they who drag you into court? 7 Is it not they who blaspheme the excellent name that was invoked over you?
8 You do well if you really fulfill the royal law according to the scripture, “You shall love your neighbor as yourself.” 9 But if you show partiality, you commit sin and are convicted by the law as transgressors. 10 For whoever keeps the whole law but fails in one point has become accountable for all of it. 11 For the one who said, “You shall not commit adultery,” also said, “You shall not murder.” Now if you do not commit adultery but if you murder, you have become a transgressor of the law. 12 So speak and so act as those who are to be judged by the law of liberty. 13 For judgment will be without mercy to anyone who has shown no mercy; mercy triumphs over judgment.
14 What good is it, my brothers and sisters, if you say you have faith but do not have works? Can faith save you? 15 If a brother or sister is naked and lacks daily food, 16 and one of you says to them, “Go in peace; keep warm and eat your fill,” and yet you do not supply their bodily needs, what is the good of that? 17 So faith by itself, if it has no works, is dead.
Although the authorship of this epistle is not known, it has traditionally been attributed to James, the brother of Jesus, who is presented in Acts of the Apostles as the leader of the Jesus Follower community in Jerusalem.
This James (sometimes called “James the Just”) is distinguished from “James the Great” (the apostle, brother of John, and son of Zebedee) and “James the Less” (apostle and son of Alphaeus).
The letter is seen by some scholars as the expansion of a sermon likely delivered by James prior to his martyrdom in 62 CE. The sermon was edited and expanded by someone skilled in Hellenistic rhetoric. It was addressed to Jewish Jesus Followers and emphasized the importance of good works. It mentions Jesus of Nazareth only twice in the letter.
This emphasis on works has been understood by some (including Luther) as being opposed to Paul’s position (particularly in Romans) that one is saved by Faith.
These positions are not opposed and can be reconciled by recognizing that salvation/wholeness (however defined and understood) is the byproduct of the combination of Faith/Trust that leads to good works and Faithfulness in doing good works.
Today’s reading emphasized that good works include caring for the poor, not giving preference to the rich (2-7), obeying the Law to love one’s neighbors as oneself (v.8) and caring for the bodily needs of those in want. The author asserted that while faith is important, if it does not lead to good works, it is dead (v.17).
The “assembly” (v.2) is literally translated as the synagogue, showing that the letter was primarily addressed to Jewish Jesus Followers. The “law of liberty” (v.12) reflected the Jewish understanding that the point of the Law is to free humanity from the domination of evil powers.
Gospel: Mark 7:24-37
24 Jesus set out and went away to the region of Tyre. He entered a house and did not want anyone to know he was there. Yet he could not escape notice, 25 but a woman whose little daughter had an unclean spirit immediately heard about him, and she came and bowed down at his feet. 26 Now the woman was a Gentile, of Syrophoenician origin. 27 She begged him to cast the demon out of her daughter. He said to her, “Let the children be fed first, for it is not fair to take the children’s food and throw it to the dogs.” 28 But she answered him, “Sir, even the dogs under the table eat the children’s crumbs.” 29 Then he said to her, “For saying that, you may go—the demon has left your daughter.” 30 So she went home, found the child lying on the bed, and the demon gone.
31 Then he returned from the region of Tyre and went by way of Sidon towards the Sea of Galilee, in the region of the Decapolis. 32 They brought to him a deaf man who had an impediment in his speech; and they begged him to lay his hand on him. 33 He took him aside in private, away from the crowd, and put his fingers into his ears, and he spat and touched his tongue. 34 Then looking up to heaven, he sighed and said to him, “Ephphatha,” that is, “Be opened.” 35 And immediately his ears were opened, his tongue was released, and he spoke plainly. 36 Then Jesus ordered them to tell no one; but the more he ordered them, the more zealously they proclaimed it. 37 They were astounded beyond measure, saying, “He has done everything well; he even makes the deaf to hear and the mute to speak.”
The Gospel According to Mark was the first Gospel that was written and is usually dated to the time around the Destruction of the Temple in 70 CE. Mark’s Gospel is the shortest gospel and forms the core for the Gospels According to Matthew and Luke (both of which were written around 85 CE). Over 50% of the material in those two Gospels is based on Mark. Because these three Gospels follow similar chronologies of Jesus’ life and death, they are called “Synoptic Gospels” for the Greek words meaning “Same Look/View.”
Today’s reading is presented as an “epiphany” for Jesus of Nazareth. Looking for some R&R, Jesus went to Tyre, a city in the Province of Syria, an area near the Mediterranean Sea that is north and west of the Galilee.
The woman who came to Jesus (v.25) was Syrophoenician – a Phoenician from Syria rather than from North Africa. These people were (along with the Canaanites and the Moabites) seen as the original inhabitants of the land before the Israelites arrived and were therefore viewed as inherently wicked and dangerous.
The response of Jesus to her plea on behalf of her daughter was that the “food” (his teaching of the kingdom) was only for the “children” (the people of Israel) and was not for “the dogs” (Gentiles). In the story, her rejoinder caused Jesus to recognize that the teaching of the kingdom was for both Jews and Gentiles, and the woman’s daughter was healed.
This story is contained in Matthew (but not in Luke) with some variations (the woman is described as a “Canaanite” and Jesus refers to the “lost sheep of Israel” rather than “the children.” The theological point made in both Gospels is that Jesus’ message was for Jews and Gentiles.
In the second part of the reading, the deaf man (v.32) would have been considered the equivalent of a minor – a person not responsible for observing the law. His healing brought him into the community.
The exhortations not to tell others of these events is generally called the “Messianic Secret.” This “secret” is ironically contrasted with the paraphrase in verse 37 from Isaiah 35:5-6, though the phrase “he has done everything well” is not part of the text in Isaiah.
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Friedberg–Hanau railway
The Friedberg–Hanau railway is a 32.2 km long double-track, electrified mainline in the German state of Hesse. It connects Friedberg and Hanau. The line has the timetable number of 633 and it is integrated in the Rhein-Main-Verkehrsverbund (Rhine Main Transport Association) as Regionalbahn service RB 49.
History
The line was authorised under an act of the Prussian parliament of 11 June 1873 and opened by the Prussian state railways in two phases. The first section was opened from Hanau to Heldenbergen-Windecken (now Nidderau) on 1 December 1879. The second section opened from Heldenbergen-Windecken to Friedberg for freight on 15 September 1881 and for passenger traffic on 15 October 1881.
Significance
The importance of the route lies in freight traffic. It forms part of a trunk route from the Ruhr region to Bavaria via the Ruhr–Sieg railway, the Dill Railway and the Main–Weser Railway from Giessen to Friedberg via and continuing from Hanau via the Main–Spessart Railway.
The line is used as a detour during operational failures that occasionally occur due to the high utilisation of the Main–Weser Railway between Frankfurt and Friedberg or during construction work.
In passenger transport, the line was formerly served by the Regionalbahn trains of the Hessische Landesbahn (HLB), using GTW 2/6 rolling stock. There were no passenger services from Saturday evening until Monday morning and on public holidays. Although the line is electrified, the only vehicles used for passenger transport are diesel multiple units.
Since December 2011, DB Regio Hessen has had the concession to operate services on the line with Bombardier Talent 2 electric multiple units. As the vehicles were not yet approved for operations the line continued to be served by GTW 2-6 operated by HLB. These were staffed by DB Regio Hessen. From June 2013, DB Regio Hessen has operated this service at 2-hour intervals (every hour at peak hour on weekdays) with Talent vehicles, now numbered as RB 49.
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Template talk:Riddle
This template does not work in any browser besides internet explorer.
* It seems to work just fine for me with Mozilla. I would agree that this depends on more advanced features of web browsers that earlier ones don't seem to work with. --Rob Horning 02:04, 20 September 2006 (UTC)
* Which version of Mozilla are you using? It comes out a mess for me in SeaMonkey 1.0.6 (Mac OS X). -- Smjg 18:05, 27 November 2006 (UTC)
* I'm using Mozilla 1.0 (yeah, its an old version, but it mostly works for what I use it for). Perhaps we can rework the template so it isn't so messy? --Rob Horning 23:45, 27 November 2006 (UTC)
* I guess so. And BTW, why does it have the title "Riddle"? The confusing parameter names and the use of "Show" (rather than something more specific like "Answer" or "Solution") imply a more generic purpose. -- Smjg 00:35, 28 November 2006 (UTC)
Can anybody find the bit of the stylesheet (or whatever it is) that puts in the "Show" link? This might help to work out how to clean it up. -- Smjg 00:53, 28 November 2006 (UTC)
* I guess it ought to be in or around "NavFrame"... -- Jokes Free4Me 09:52, 3 April 2007 (UTC)
Also, i'd like to point out that in Fx (<IP_ADDRESS>), the title line will use exactly one row, even if the text is longer (e.g., here, or you can use Template:Lorem_ipsum to test it), which really messes stuff up. The only nasty thing that happens with long titles in IE is that the Show/Hide link is "hidden" underneath the title text... What can we do about this? -- Jokes Free4Me 09:52, 3 April 2007 (UTC)
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US STOCKS-Wall Street falters, dragged down by tech
* S&P 500, Nasdaq turn negative * Facebook, Alphabet drag down tech stocks * Twitter falls after short-seller report * Dow up 0.13 pct, S&P down 0.34 pct, Nasdaq off 1.42 pct (Updates to late afternoon, changes byline) By Stephen Culp March 27 (Reuters) - Wall Street gave up gains on Tuesday with technology stocks pulling the S&P 500 and the Nasdaq into negative territory. Stocks seesawed earlier in the session on the heels of their best gains in 2-1/2 years on Monday as trade war fears eased. White House trade adviser Peter Navarro confirmed on Monday that top Trump administration officials have asked China to cut tariffs on imported cars, allow foreign majority ownership of financial services firms and buy more U.S.-made semiconductors in negotiations to avoid imposing tariffs on a host of Chinese goods. A person familiar with the discussions said these were among the asks from Treasury Secretary Steven Mnuchin and U.S. Trade Representative Robert Lighthizer as they pursue talks with Beijing. “Trade is in the back of people’s minds,” said Robert Pavlik, chief investment strategist and senior portfolio manager at SlateStone Wealth in New York. “But show me the reality of this. I need to see a little proof before I really commit.” Early advances were dampened by the technology sector, which pulled the S&P 500 and the Nasdaq into negative territory as a scandal widened over political consultants’ use of Facebook user data. “Nobody’s really sure what impact the government is going to impose on their business model. I think it’s a lot of chest pounding on the part of regulators and other parties that are trying to make political hay out of it,” said Pavlik. Last week was Wall Street’s worst since January 2016, slammed by news that President Donald Trump would impose tariffs of up to $60 billion on Chinese imports. But the markets roared back on Monday with their best day since August 2015 on hopes that the world’s two largest economies were willing to renegotiate tariffs and trade imbalances. At 2:37PM ET, the Dow Jones Industrial Average rose 27.1 points, or 0.11 percent, to 24,229.7, the S&P 500 lost 9.08 points, or 0.34 percent, to 2,649.47 and the Nasdaq Composite dropped 101.56 points, or 1.41 percent, to 7,118.99. Of the 11 major sectors of the S&P 500, three had turned negative by mid-afternoon, led by a 1.7 percent decline in technology stocks. Facebook led technology stocks lower, down 4 percent as the scandal over the use of data by political consultants widened after a whistleblower said Canadian company AggregateIQ had developed a program to target Republican voters in the 2016 U.S. election. Alphabet shares fell 2.4 percent after an appeals courts resurrected a multibillion dollar copyright case brought by Oracle Corp against the tech giant. Nvidia was another weak spot, falling 6.6 percent after the chipmaker temporarily suspended self-driving tests across the globe. Tesla shares were off 6.4 percent after the U.S. National Transportation Safety Board opened a field investigation of last week’s fatal Tesla crash and vehicle fire. Twitter fell 9.1 percent after short-seller Citron Research called the stock “most vulnerable” to privacy regulations. Declining issues outnumbered advancing ones on the NYSE by a 1.11-to-1 ratio; on Nasdaq, a 1.85-to-1 ratio favored decliners. (Reporting by Stephen Culp; Editing by Cynthia Osterman)
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Talk:Irazu Costa Rica Restaurant
Contested deletion
This page is not unambiguously promotional, because it is based on verifiable public data, which is shown in the article's many footnotes. There are no subjective statements from the Wikipedia narrative. It is a popular, prominent Chicago restaurant which has been publicly profiled in various national media. I have no personal interest, no employment, nor other connection to the restaurant, nor do any friends, family nor associates. — Preceding unsigned comment added by JGurneyChicago (talk • contribs) 14:55, 22 June 2015 (UTC)
* Vital testing apparatus destroyed. User may be trying to prevent deletion of article. Noted that JGurneyChicago created article and was a main contributer. Suggested action: keep and rewrite. I'm returning...from the WikiDead. (But you still dare speak to me...) 02:34, 11 October 2015 (UTC)
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How can I create a custom loading indicator in nuxt.js?
Member
by armani , in category: JavaScript , a month ago
How can I create a custom loading indicator in nuxt.js?
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1 answer
Member
by dasia , 20 days ago
@armani
To create a custom loading indicator in Nuxt.js, you can follow these steps:
1. Create a new Vue component for your custom loading indicator. This component should display the loading animation or message that you want to use.
For example, you can create a LoadingIndicator.vue component that displays a spinning icon:
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<template>
<div class="loading-indicator">
<i class="fa fa-spinner fa-spin"></i>
</div>
</template>
<style>
.loading-indicator {
display: flex;
justify-content: center;
align-items: center;
height: 100%;
}
</style>
1. In your Nuxt.js project, create a new plugins directory if you don't already have one. This directory will contain any custom plugins that you want to use in your project.
2. Inside the plugins directory, create a new file called loading-indicator.js. This file will define a new Vue plugin that sets up the custom loading indicator.
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import Vue from 'vue'
import LoadingIndicator from '@/components/LoadingIndicator.vue'
Vue.use({
install(Vue) {
Vue.prototype.$loading = {
show() {
// show the loading indicator
const Indicator = Vue.extend(LoadingIndicator)
const instance = new Indicator()
instance.$mount()
document.querySelector('#__nuxt').appendChild(instance.$el)
},
hide() {
// hide the loading indicator
const loadingIndicator = document.querySelector('.loading-indicator')
if (loadingIndicator) {
loadingIndicator.parentNode.removeChild(loadingIndicator)
}
}
}
}
})
This plugin adds a new $loading object to the Vue prototype, which contains show() and hide() methods for showing and hiding the loading indicator.
1. In your Nuxt.js project, open the nuxt.config.js file and add the custom plugin to the plugins array:
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plugins: [
{ src: '@/plugins/loading-indicator.js', mode: 'client' }
]
Note the mode: 'client' option, which ensures that the plugin only runs on the client side (i.e., in the browser), not on the server.
1. Now you can use the $loading object in your Nuxt.js components and pages to show and hide the loading indicator as needed.
For example, you can show the loading indicator when a page is being loaded by adding a fetch() method to your page component:
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export default {
async fetch() {
this.$loading.show()
// fetch data here...
this.$loading.hide()
}
}
Or you can show the loading indicator when a user clicks a button by adding a method to your component:
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export default {
methods: {
async fetchData() {
this.$loading.show()
// fetch data here...
this.$loading.hide()
}
}
}
That's it! You now have a custom loading indicator that you can use throughout your Nuxt.js project.
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ESSENTIALAI-STEM
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User:Jasap/sandbox
Baldwin Park is a master-planned community located in the city of Orlando, Florida, United States. The community was established through a public-private partnership tasked with redeveloping the area being vacated by the Naval Training Center Orlando, which closed in 1994. The resulting community was a pedestrian focused blend of high density residential, commercial and recreational living popularly referred to as New Urbanism. The estimated population as of 2020 was 8,405. It is part of the Orlando–Kissimmee–Sanford, Florida Metropolitan Statistical Area
=History=
The Federal Base Realignment and Closure Commission (BRAC) selected Naval Training Center Orlando for closure in July 1993. In response, the City of Orlando created a Base Reuse Commission to develop an overall Base Reuse Plan to guide transition of base property and facilities to other uses. The first houses to be built broke ground in 2003.
=Geography=
Anchored by two lakes, 195 acre Lake Baldwin and 77 acre Lake Susannah, the community is roughly bordered by Semoran Boulevard (SR 436) to the east, Colonial Drive (SR 50) to the south, Bennett Road and Corrine Drive to the west, and the City of Winter Park to the north. Cady Way Trail
=Village Center= The primary goals for developers was linking the site with surrounding neighborhoods, providing public access to lakes, using open space to form a network of green spaces throughout the project, creating a vibrant main street, and dispersing automobile traffic through a gridded street network.
=Education= Public schools serving Baldwin Park are operated by Orange County Public Schools.
* Baldwin Park Elementary School
* Audubon Park Elementary School
* Glenridge Middle School
* Winter Park High School
=External Links=
* Official Site
* Urban Orlando CDD
=References=
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WIKI
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13
I visited Slashdot this morning to find out that Python 3.0 has been released. I know C# and Perl, but have wanted to learn Python for some time, especially after I saw its ease of use to create useful tools, not to mention its use in game scripting.
My question is, how does the intentionally backwards-incompatible release of Python 3.0 affect adoption, and should I learn Python 2? Or should I take the dive and learn Python 3.0 first, and wait for the libraries to be ported?
11 accepted
I don't think it will affect adoption in the long run, but it certainly won't be painless. Python's motto and strategic advantage has always been "Batteries Included". This was not only due to the Standard Library, but also due to the many external libraries. Will libraries like NumPy, SciPy, WxPython, PyGame (just to name a few) work from day one? It will take some time foreverything to consolidate. Also, what about older systems that have an old 2.x version of Python. In few years from now I may found out that I need to update a library. Will the library author continue to support the 2.6 version so that I have a choice? For how long will 2.6 distributions be available for legacy systems? A change of this size is never easy.
For someone starting to use Python now, I suggest to go with Python 2.6, which is actually a bridge between the two worlds.
10
I think it will hurt for a time, but not as bad ad PHP4 to PHP5 is. As is mentioned by someone else, the biggest issue is "Are the libraries I use ported?" There will continue to be dual releases of Python 2.X and 3.X for a time for the purpose of slowly transitioning people. is it worth it for a large system that is in maintenance mode? Probably not (until something bad happens).
There is a great porting guide though and they have tried to make the transition as easy as possible. The one note I would add to it is "Make sure you are importing all the __ future__ statements possible (like print as a function). I don't know how the 2to3 script handles it but that at least gets you some of the code changed and tested.
portingGuide = """ For porting existing Python 2.5 or 2.6 source code to Python 3.0, the best strategy is the following:
1. (Prerequisite:) Start with excellent test coverage.
2. Port to Python 2.6. This should be no more work than the average port from Python 2.x to Python 2.(x+1). Make sure all your tests pass.
3. (Still using 2.6:) Turn on the -3 command line switch. This enables warnings about features that will be removed (or change) in 3.0. Run your test suite again, and fix code that you get warnings about until there are no warnings left, and all your tests still pass.
4. Run the 2to3 source-to-source translator over your source code tree. (See 2to3 - Automated Python 2 to 3 code translation for more on this tool.) Run the result of the translation under Python 3.0. Manually fix up any remaining issues, fixing problems until all tests pass again.
It is not recommended to try to write source code that runs unchanged under both Python 2.6 and 3.0; you?d have to use a very contorted coding style, e.g. avoiding print statements, metaclasses, and much more. If you are maintaining a library that needs to support both Python 2.6 and Python 3.0, the best approach is to modify step 3 above by editing the 2.6 version of the source code and running the 2to3 translator again, rather than editing the 3.0 version of the source code.
For porting C extensions to Python 3.0, please see Porting Extension Modules to 3.0. """
4
Python 2.6 is the bridge to 3.0.
Backward compatibility is a complete non-issue. It's minor, isolated and specialized. There are only a few things that most people will notice are incompatible, primarily the loss of the print statement.
There's a specific conversion strategy and tools for checking your code for compatibility and making the necessary changes.
It will be painless. Learn with 2.6, using the 3.0 features. It'll all be good.
1
I don't think anyone expects Python 3 to be instantly adopted. As far as I know, GvR is still planning on supporting the 2.x line for several more years while Python 3 gathers momentum.
I think the signal that the transfer is complete will be when the O'Reilly books update to 3.x. Until then, it's transitional. :)
1
For me, personally, the moment I start using it for real work (over 2.5) will be when it becomes ubiquitous among linux distributions (particularly debian/ubuntu). At the very least, it needs to be in an apt repo somewhere.
0
I can't really buy the response that "it will be painless". The choice to not make a major language backwards incompatible is a tough and conscious decision. But, that does not mean that the decision to do so may not spell its death?
Why would developers learn python 3.0, when the language has departed so far out that major libraries aren't safe to be used in production. Not to mention that major web frameworks like Django aren't supporting it at the moment.
I understand that python 2.6 offers a bridge to 3.0. But, why create 3.0, when 2.6 was supposed to be transitioned strategy to port over to new syntax and features? The amount of double maintenance and cost of ports should have weighed on such a drastic decision. It almost seems as if they had the balls to bite the bullet, but not really.
So, to answer the question: I am not sure if learning python at this juncture is worth the effort. I rather have the dust settle before making the plunge
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ESSENTIALAI-STEM
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Larry Frost
Larry E. Frost (born December 15, 1940) is an American former politician. He served in the South Dakota House of Representatives from 2001 to 2006.
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WIKI
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Edward BENNETT, as administrator of the Estate of William Frederick Bennett, Plaintiff, v. FEDERAL BUREAU OF INVESTIGATION, H. Paul Rico, and the United States of America, Defendants.
No. CIV.A. 02-11802-RCL.
United States District Court, D. Massachusetts.
Aug. 21, 2003.
Stacey Bosshardt, U.S. Department of Justice, Torts Branch, Civil Division, Washington, DC, for Federal Bureau of Investigation, USA, Defendants.
Frank C. Corso, Law Office of Frank C. Corso, Boston, for Edward Bennett, Plaintiff.
Margaret Krawiec, U.S. Department of Justice, Torts Branch, Civil Division, Washington, DC, for Federal Bureau of Investigation, USA, Defendants.
Dean A. Mazzone, Attorney General’s Office, Boston, for Attorney General of Massachusetts, District Attorneys for the Suffolk, Norfolk, and Middlesex Districts of Massachusetts, Interested Partys.
E. Peter Parker, Boston, for H. Paul Rico, Defendant.
Peter J. Perroni, Nolan/Perroni, LLP, Lowell, for Edward Bennett, Plaintiff.
MEMORANDUM AND ORDER ON UNITED STATES’ MOTION TO DISMISS
LINDSAY, District Judge.
I. Introduction
This is a suit filed by the Estate (the “Estate”) of William Frederick Bennett (“William Bennett”), of which William Bennett’s son Edward is the administrator (the “plaintiff’). Named as defendants are the United States of America (“United States”); H. Paul Rico (“Rico”), who at the times relevant to the complaint was an agent of the Federal Bureau of Investigation (“FBI”); and the FBI itself. The plaintiffs claims, as set forth in the first amended complaint (the “complaint”), arise from the December 1967 homicide of William Bennett, allegedly at the hands of Stephen J. Flemmi (“Flemmi”) often called in the Boston press, at least, by the moniker “The Rifleman.” Flemmi was associated with the Winter Hill Gang, an alleged criminal organization operating in the Boston area. The complaint is in two counts: the first count, asserted against all the defendants, is brought under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b), 2671-2680; the second, asserted against Rico only, is a Bivens claim. Each count seeks to hold the defendants liable for William Bennett’s wrongful death and conscious suffering under Massachusetts state law.
This memorandum and order addresses the motion of the United States to dismiss claims against it and the FBI for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1). The motion asserts that the plaintiff cannot make a claim against the United States for its alleged role in causing William Bennett’s death because the administrative notice of claim required by the FTCA was not timely filed. The United States further argues that the FBI is not a proper defendant in this action, and that the claims against the FBI should therefore be dismissed. The plaintiff does not contest this latter point, but counters with regard to the United States’ first argument that the notice of claim filed in September of 2001 was timely because certain acts of the FBI constituted a pattern of fraudulent concealment, thus tolling the FTCA limitations period. For the reasons stated below, I DENY the United States’ motion with respect to the FTCA claims against the United States itself and GRANT the motion with respect to the FBI.
II. Background
A. Factual Background.
Unless otherwise noted, the following facts are drawn from the complaint.
In 1965, Flemmi was recruited by Rico to serve as a confidential informant for the FBI. Compl. ¶¶ 9, 10. Rico believed that Flemmi could provide information useful in the FBI’s investigation of the organized crime enterprise known as La Cosa Nostra (the “LCN”). Id. ¶ 12. Rico knew that Flemmi, a reputed murderer, and at least one of William Bennett’s brothers were associated with the Winter Hill Gang. Id. ¶¶ 14-16. In exchange for assistance in the investigation intended to bring down the LCN, Rico promised Flemmi that he would not reveal his cooperation with the government to anyone outside of the FBI. Id. ¶ 18. Rico also promised Flemmi that the FBI would not investigate or prosecute him for any crimes Flemmi might commit while he acted as an informant. Id. ¶¶ 20, 29.
One of the crimes allegedly committed by Flemmi during the course of his relationship with the FBI was the murder of William Bennett’s brother, Edward ‘Wimpy” Bennett. The plaintiff alleges that Flemmi told Rico about his involvement in Edward Bennett’s death, and that Rico subsequently filed a false report with the FBI, indicating falsely that Flemmi told him that others were responsible for the murder. Id. ¶¶ 22-24. Upon Edward Bennett’s death, Flemmi took over the criminal operations his victim had formerly supervised. Notwithstanding Flemmi’s involvement in this murder and his day-today operation of a criminal enterprise, the FBI promoted him to Top Echelon informant status. Id. ¶¶ 22, 25.
Sometime in 1967, Rico visited William Bennett’s home looking for papers relating to the activities of Edward Bennett and a third Bennett brother who allegedly had also been murdered by Flemmi. The complaint alleges that Rico’s purpose in this visit was to obtain information that would assist Flemmi in his conduct of criminal activities. Id. ¶¶ 31-32. The complaint alleges further that on December 23, 1967, Flemmi murdered William Bennett. Id. ¶ 35. The plaintiff claims Rico assisted and participated in the death of William Bennett in order to strengthen Flemmi’s position in his criminal operations, thus assuring the continuing flow of information regarding the LCN to the FBI, by way of Flemmi’s underworld connections. Id. ¶¶ 37-38. Thereafter, Rico continued to insulate Flemmi from investigation and prosecution for his crimes. Id. ¶ 39. The plaintiff asserts that the defendants deliberately, fraudulently or otherwise concealed the truth regarding the FBI’s protection of Flemmi. Id. ¶ 42.
B. Procedural History.
A few words are in order regarding the criminal cases brought in connection with William Bennett’s death: Flemmi and another prominent figure reputed to be involved in the Boston organized crime scene, Francis “Cadillac Frank” Salemme (“Salemme”), were indicted for William Bennett’s murder in 1969, approximately two years following the murder. (Memorandum in Support of United States’ Motion to Dismiss (hereinafter “Mot. to Dismiss”)), at 3. Subsequently, Flemmi and Salemme departed Boston and became fugitives. United States v. Salemme, 91 F.Supp.2d 141, 183 (D.Mass.1999). In 1974, Flemmi returned to Boston and the Bennett murder charge (among others) was dropped, just as the same charge against Salemme had earlier been dropped. Id. at 185. The pair were indicted again in 1996. Mot. to Dismiss at 3.
According to the briefs submitted in this case, the plaintiff filed a presentment of claim under the FTCA on September 10, 2001. Plaintiffs Opposition to Motion to Dismiss (hereinafter “PI. Opp.”) at 7. The United States argues that this case should be dismissed because, for purposes of the FTCA, the Estate’s claim had most likely accrued by December 23, 1969 (two years from the date of William Bennett’s death) and in any event earlier than the September 10, 1999 cutoff implied by the 2001 filing date. The disagreement between the plaintiff and the United States as to when the cause of action accrued is at the center of the dispute before me; I address it in several parts below.
III. FTCA Claim Against the United States.
A. Legal Standard.
The motion before me is a motion to dismiss for lack of subject matter jurisdiction. In evaluating such a motion, I must view the plaintiffs well-pleaded factual allegations as true and draw all reasonable inferences therefrom. Muniz-Rivera v. United States, 326 F.3d 8, 11 (1st Cir.2003). In addition, I may consider the complaint, affidavits or other sources of uncontested facts in reaching my conclusion as to whether subject matter jurisdiction has been properly asserted. Valentin v. Hospital Bella Vista, 254 F.3d 358, 363 (1st Cir.2001).
With regard to the plaintiffs substantive claims, I begin with the fundamental principle that no case can be asserted against the United States without its consent. The FTCA represents a compromise that allows plaintiffs to file tort claims against the United States in federal court so long as they first file administrative claims with the appropriate agency within two years after their tort claims accrue. 28 U.S.C. § 2401(b); see also United States v. Kubrick, 444 U.S. 111, 117-18, 100 S.Ct. 352, 357, 62 L.Ed.2d 259 (1979); Attallah v. United States, 955 F.2d 776, 779 (1st Cir.1992); Cutting v. United States, 204 F.Supp.2d 216, 221 (D.Mass.2002). The filing of a timely administrative claim under 28 U.S.C. § 2401(b) is a jurisdictional requirement that cannot be waived. Gonzalez v. United States, 284 F.3d 281, 288 (1st Cir.2002). Therefore, should a plaintiff fail to file a timely administrative claim, any action filed in court must be dismissed. Id.
The United States alleges that the plaintiffs administrative claim of September 10, 2001 was untimely filed, and that the claims asserted in the complaint are therefore time-barred and must be dismissed. Mot. to Dismiss at 7. The plaintiff argues that the claims are timely because they did not accrue for FTCA purposes until some time in 2000. See PL Opp. at 7. Alternatively, the plaintiff argues that the doctrines of fraudulent concealment and equitable tolling should be applied to toll the FTCA statute of limitations. Id. at 15.
B. Accrual of FTCA Claims.
Under the FTCA, the general rule is that a claim accrues at the time of injury. See Gonzalez, 284 F.3d at 288. Under this rule, the United States argues, the plaintiffs claim accrued on December 23, 1967— the date of William Bennett’s murder— and therefore the administrative claim should have been filed by December 23, 1969. See Compl. at ¶ 35; Mot. to Dismiss at 9. To support this proposition, the United States applies the principle set forth in Kubrick and relies on Richman v. United States, 709 F.2d 122 (1st Cir.1983) and Zeleznik v. United States, 770 F.2d 20 (3rd Cir.1985), cases that applied the general rule. Mot. to Dismiss at 9-11.
i. The Discovery Rule. In Kubrick, the Supreme Court distinguished situations involving application of the general rule from those involving application of the so-called discovery rule. See Kubrick, 444 U.S. at 122, 100 S.Ct. at 359. The Court indicated that an exception to the general rule of accrual of a claim at the time of injury is to be applied in those situations where the plaintiff did not know he or she had been injured, or where the facts regarding causation were unavailable to the plaintiff or were difficult to obtain. See id. The Court stated that the general rule is to be applied where a plaintiff may be ignorant of his or her legal rights, but is “in possession of the critical facts that he [sic] has been hurt and who has inflicted the injury.” Id. The First Circuit has indicated that the standard in determining applicability of the discovery rule is objective— that is to say, the factual basis, including the fact of injury and knowledge as to its probable cause — must have been “inherently unknowable” at the time of the injury. See Gonzalez, 284 F.3d at 288-89. “Inherently unknowable” is defined as “incapable of detection by the wronged party through the exercise of reasonable diligence.” Id.
ii. Applicability of Discovery Rule in Wrongful Death Cases. The United States raises a fundamental challenge to the application of the discovery rule in wrongful death claims, arguing that the Supreme Court has only expressly approved the application of the discovery rule in limited contexts, such as cases involving latent disease and medical malpractice, or cases in which fraudulent concealment is found. Mot. to Dismiss at 11-12 (citing TRW Inc. v. Andrews, 534 U.S. 19, 27, 122 S.Ct. 441, 446-47, 151 L.Ed.2d 339 (2001)). However, as I noted in an earlier case related to allegations of FBI misconduct, Donahue v. FBI, 204 F.Supp.2d 169, 176 (D.Mass.2002), the Supreme Court has not “expressly rejected the use of the discovery rule in the context” of a wrongful death case. Id. at 176. Moreover, recent First Circuit case law indicates that “the discovery rule is not limited to those situations spelled out by the Supreme Court.” Id.; see also Gonzalez, 284 F.3d at 288-89. Another district court, in the Cutting case, declined to find the discovery rule inapplicable in the wrongful death context absent clearer appellate authority. The Cutting court noted that it would “not assume that the application of the discovery rule in the wrongful death context is unwarranted, simply because no Supreme Court of First Circuit case contains an explicit holding to that effect.” Cutting, 204 F.Supp.2d at 224. As I held in Donahue, I conclude in this case that the discovery rule properly may be applied to wrongful death cases in this circuit.
Hi. Bennett Claims: General Rule or Discovery Rule? The United States contends that the plaintiff knew of the fact of the injury — William Bennett’s death — and the fact that it had been caused by murder on December 23, 1967. Mot. to Dismiss at 9. Flemmi and Salemme were indicted for this crime in 1969. Furthermore, the United States asserts that the admission by William Bennett, Jr. (“Bennett, Jr”) in an August 27, 1998, BOSTON HERALD article that he witnessed FBI Agents visit his family’s home and threaten his father days before the murder, Mot. to Dismiss, Ex. 2 (Peter Gelzinis, Slain Man’s Son: My Family Treated ‘Stevie’ Like Kin, BOSTON HERALD, Aug. 27, 1998 at 10 (“Gelzinis Article”)), is evidence that Bennett, Jr. immediately suspected FBI involvement in his father’s murder. Therefore, the United States argues, the plaintiffs administrative claim should have been filed by December 23, 1969. Id.
The plaintiff argues that Bennett, Jr. did not in the late 1960’s believe — nor could he have believed — that the FBI was responsible for the death of his father based upon the 1967 visit his father received from the FBI. PI. Opp. at 13 n. 8. The argument advanced by the plaintiff is that it cannot reasonably be inferred from the fact that Bennett, Jr., then a teenager, overheard the conversation between his father and agents of the FBI — agents whose identities were not known to Bennett, Jr. at the time — that Bennett, Jr. knew or should have suspected that agents were involved in or responsible for the subsequent crime. See id.
The cases relied upon by the United States in arguing that, even the application of the discovery rule would require an administrative claim filed after December 23, 1969 to be viewed as untimely, are distinguishable from the case before me. In both the Richman and Zeleznik cases, the identity of the assailants was known at the time of the injury. Similarly, in the present case, Flemmi and Salemme were indicted for William Bennett’s murder less than two years after the murder. Although the murder charge was dropped against both five years later, the two were indicted again for the murder in 1996, and members of William Bennett’s family, including Edward Bennett, state that they continued to believe that Flemmi and Sa-lemme were the sole causes of William Bennett’s murder until July of 2000 at the earliest. See E. Bennett Aff.; W. Bennett Aff. The subject matter unknown to the plaintiffs in both Richman and Zeleznik was the connection of the assailant with a federal agency, which the plaintiffs in each case did not discover until the two-year period for fifing an FTCA claim had elapsed. According to the appellate panels of the First and Third Circuits deciding Richman and Zeleznik, respectively, the plaintiffs’ knowledge of the identity of the tortfeasors provided them with sufficient information to investigate the tort-feasors’ “legally recognized affiliations.” Liuzzo v. United States, 485 F.Supp. 1274, 1283 (E.D.Mich.1980). The court in Rich-man stated that “[the plaintiff] simply ... did not realize there was another party she might be able to make a claim against,” likening her situation to one in which a plaintiff has a duty to inquire as to other parties who may be responsible in tort through vicarious liability. Richman, 709 F.2d at 123. Thus, in Richman, the basis for the plaintiffs claims was not “inherently unknowable” according to the First Circuit’s application of the discovery rule. Similarly, the Third Circuit in Zelez-nik found no reason to deviate from the standard set forth in the “general rule,” standard absent a showing that the government “actively conceal[ed]” its own wrongdoing. Zeleznik, 770 F.2d at 23.
Although the plaintiff in the present case was aware of his father’s murder and believed that Flemmi and Salemme were his killers during the late 1960’s, the knowledge of the identity of the immediate tortfeasors did not then put the plaintiff (or other potential plaintiffs) on notice that the FBI might have some responsibility for William Bennett’s death. After all, the FBI is generally thought to be concerned with law enforcement and not an outlaw itself. Moreover, the focus of the investigation of the murder of William Bennett— to the extent that any investigation was made — remained exclusively on Flemmi and Salemme until decades later. W. Bennett Aff. at ¶7; PI. Opp. at 15 (noting FBI, through the Salemme hearings, only “slowly and grudgingly” gave up information relating to the agency’s wrongful conduct). The Bennetts had no reason to suspect that either individual murderer was somehow improperly connected with the FBI because this information was concealed by the FBI itself. Com pi. at ¶ 18 (stating Rico promised Flemmi his FBI informant status would remain confidential); id. at ¶24 (alleging Rico filed false reports to divert attention away from Flemmi’s criminal activities in order to preserve his informant status). Furthermore, the surviving Bennetts have stated that they believed Flemmi and Salemme were the sole causes of the murder. E. Bennett Aff. at ¶ 6; W. Bennett Aff. at II5. The allegations that Rico promised to conceal Flemmi’s status as an informant as well as the criminal acts Flemmi continued to commit while acting as an informant, together with allegations that Rico impeded the investigation of William Bennett’s murder, make a strong case that the FBI’s involvement was “inherently unknowable” and “incapable of detection by the wronged party through the exercise of reasonable diligence” at the time of the murder. Gonzalez, 284 F.3d at 288-89; see Compl. at ¶¶ 18, 24, 36.
The government’s position evidently is that, through the exercise of reasonable diligence in the period from 1967-69, representatives of the Estate should have discovered facts that would lead them to suspect that there was some relationship of an officially sanctioned nature between Flem-mi and the FBI such that there might exist an FTCA claim. Though the discovery rule does not preclude accrual of a claim until a plaintiff is in possession of all the facts necessary to state a cause of action, see Cutting, 204 F.Supp.2d at 225,1 find in this case that mere knowledge that Flemmi was Bennett’s murderer was insufficient to trigger the Estate’s duty to inquire before the end of 1969. “Something else [is] needed to trigger accrual” where a reasonable — and seemingly final — explanation of the cause of the plaintiffs injury presents itself. Id. In Cutting, the deaths of the patients at a Veterans’ Administration hospital from cardiac arrest did not give their survivors “some indication that there may have been a government cause of the injury.” Id. at 224 (quoting Diaz v. United States, 165 F.3d 1337, 1340 (11th Cir.1999)) (internal quotation marks omitted). After all, the victims in the Cutting case would not have been in a hospital had they not been ill. Similarly, Flemmi was known to have been engaged in criminal activities, and had taken over Edward Bennett’s illegal enterprises upon the latter’s death. I conclude that, in the late 1960’s, a potential plaintiff representing the Estate and exercising reasonable diligence would be under no obligation to look further than to the acts of a known violent criminal to discover the cause of William Bennett’s death. The discovery rule therefore applies to this cause of action. See Donahue, 204 F.Supp.2d at 175-77.
I contrast this situation to another case arising out of the FBI’s longstanding entanglement with Flemmi and his criminal cohorts. John L. McIntyre was allegedly murdered by Winter Hill Gang members in November of 1984, after he began providing information to the United States Customs Service about James Bulger’s involvement in the shipment of weapons to paramilitary groups in Ireland. McIntyre v. United States, 254 F.Supp.2d, 183, 184-85 (D.Mass.2003). McIntyre’s mother, Emily, immediately suspected government involvement in her son’s death, even going so far as to hire a lawyer to investigate any possible claims and then writing a book detailing her theory that the Customs Service, possibly in collusion with the British intelligence agency MI-6, engineered John McIntyre’s murder. Id. at 185-86. That it was later alleged that the FBI, and not the Customs Service, that sheltered McIntyre’s murderers from prosecution— and allegedly may even have incited his killing by revealing his informant status-— was of no consequence. Emily McIntyre never believed that her son’s death was the result of circumstances truly free of government involvement, as the plaintiffs initially did in Cutting and as the surviving Bennetts here believed for many years. In any event, Emily McIntyre’s claim was undone not by her mistaken belief that Customs, and not FBI, agents were at fault, but by the fact that a BOSTON HERALD article (the truth of which she did not deny) placed her in Judge Wolfs courtroom on a day when testimony was delivered in the Salem/me hearings by a DEA agent who voiced suspicions that the FBI had compromised criminal investigations of Bulger and Flemmi — “precisely one of the allegations made in [Emily McIntyre’s] case.” McIntyre, 254 F.Supp.2d at 192. She filed her administrative claim more than two years from the date of that hearing, and the claim in McIntyre was thus time-barred because actual notice to McIntyre’s estate of facts that would spark investigation by a properly diligent plaintiff had been documented in the Boston press. I discuss the effect of press reports on the Bennetts’ claims infra, but conclude that the McIntyre case presents a wholly distinguishable set of facts.
C. Accrual Under the Discovery Rule.
The conclusion above begs the question, if the claim did not accrue by 1969, when did the plaintiff discover the existence of a potential FTCA claim? According to the papers filed by the plaintiff, Edward Bennett first became aware of the alleged role of the FBI in dealing with Flemmi and his associate James Bulger in July of 2000, when someone sent him a clipping from the BOSTON HERALD describing a ruling in the Salemme case issued by Judge Wolf. See E. Bennett Aff. at 7. Edward Bennett, who, by that time, had been living in New Mexico for approximately twenty years, was prompted by the newspaper article to find out more about the Salemme case, and he began to make inquiries as to whether the activities of the defendants in that case had any connection with his father’s murder. As part of his inquiries, Edward Bennett submitted a Freedom of Information Act, or FOIA, request for records relating to the FBI’s investigation of his father’s death. He was informed via letter from the FBI’s Boston office that “no main file records responsive to [his] FOIA request” were located upon a search of the “manual indices to the central records system maintained in the Boston office[.]” Ex. B to E. Bennett Aff. (Correspondence between Edward Bennett and FBI Boston office). Assuming for the moment that Edward Bennett did exercise reasonable diligence in pursuing and investigating the Estate’s claim once he received the article, the September 10, 2001 administrative filing falls well within the two-year period for filing that began to run in July of 2000, when he claims to have received actual notice of the connection between Flemmi and the FBI.
However, this does not end the inquiry, as the United States contends that no reasonable plaintiff could have remained unaware of the potential connection between the FBI and Flemmi until mid-2000. Moreover, the United States argues that the Estate actually knew of the potential existence of a claim by August of 1998, when Bennett, Jr. was quoted in the Gel-zinis Article, and that any knowledge possessed by Bennett, Jr. should be attributed to the Estate as plaintiff, notwithstanding Edward Bennett’s declaration that he was not aware of the proceedings in the Sa-lemme case until July of 2000.
i Attribution of William Bennett, Jr. ’s Knowledge to Estate. The plaintiff contends that the deadline for filing an administrative claim should not run from any alleged notice of a potential claim to Bennett, Jr. because only the knowledge of the named plaintiff should be assessed in determining when the Estate’s claim accrues. PI. Opp. at 7. The plaintiffs brief cites Massachusetts law that provides that, under the wrongful death statute, Mass. Gen. Laws ch. 229, §§ 2 & 6, only the executor or administrator of a deceased person’s estate may bring an action for wrongful death, and the statute of limitations accrues only against the executor or administrator. Pl.Opp. at 8-9. Thus, the plaintiff argues, the cause of action in this case accrued only when the administrator, Edward Bennett, discovered or in the exercise of reasonable diligence should have discovered the factual basis for the FTCA claim. Id. at 9-10. Alternatively, the plaintiff argues that even if Bennett, Jr.’s knowledge can be imputed to the Estate in some way, the proper result would be to alter the amount of recovery payable to Bennett, Jr. rather than to cut off the rights of all other beneficiaries of the Estate. Id. at 10. The United States counters that federal law controls accrual of FTCA claims, and that the knowledge of any potential plaintiff is imputed to the Estate. United States’ Reply to Plaintiffs Opposition to Motion to Dismiss (“Reply”) at 5-6. As discussed above in the context of the analysis of whether the general rule or the discovery rule applies here, the determination as to when a claim under the FTCA accrues is to be made with reference to federal law. See McLellan Highway Corp. v. United States, 95 F.Supp.2d 1, 13 (D.Mass.2000) (applying federal rule to determine when cause of action accrues under FTCA); Heinrich v. Sweet, 44 F.Supp.2d 408, 415 n. 8 (D.Mass.1999) (stating determination of when claim accrues under FTCA is question of federal law). I therefore confine my analysis to federal law, the plaintiffs reliance on Massachusetts precedent notwithstanding.
Applying principles enunciated in federal cases, I conclude that it is appropriate to evaluate Bennett, Jr.’s knowledge in assessing accrual of the instant claim, regardless of the fact that he is not the named plaintiff in the present action. Bennett, Jr., as a surviving son of William Bennett, had full authority to file the administrative claim with the FBI. See Booten v. United States, 95 F.Supp.2d 37, 42 (D.Mass.2000) (stating statutory beneficiary under wrongful death statute has full authority to file administrative claim). The court in Wozniak v. United States, 701 F.Supp. 259, 260-61 (D.Mass.1988), held that 28 C.F.R. § 14.3 permits the filing of an administrative claim under the FTCA by individuals who are beneficiaries under the applicable state wrongful death statute. Bennett, Jr. is such a beneficiary. See Mass. Gen. Laws ch. 229, § l. Moreover, Bennett, Jr., as “next of kin,” is a potential administrator of his father’s estate, and therefore, a potential plaintiff in the present action. See Mass. Gen. Laws ch. 193, § 1.
Another court in this district reached a similar result: in Cutting, the named plaintiffs knew less about government culpability in their decedent’s death than did other potential administrators and family members. Cutting, 204 F.Supp.2d at 227. The plaintiffs claimed that only the knowledge of the named plaintiff is relevant in determining accrual of claims under the FTCA. Id. Judge Ponsor responded:
No support exists for this argument, and it flies in the face of both of applicable authority and practicality. No statute of limitations would have meaning if it were possible to avoid it simply by appointing a putative Rip Van Winkle as the estate administrator and plaintiff. .. .Thus the discovery rule does not require recalculation of the statute of limitations in light of the subjective knowledge, or ignorance, of each potential plaintiff. The exception applies only when the cause of action is “inherently unknowable,” ... not when it merely happens to be unknown by a particular potential plaintiff.
Id.
ii. “Reasonable Diligence’’ and Media Reports. Having determined that Bennett, Jr.’s knowledge can be used to determine the time at which the plaintiffs claim accrued, I must now address the argument of the United States that a plaintiff with this knowledge, exercising reasonable diligence, should have been aware of facts triggering a duty to investigate and file an administrative claim prior to September 10, 2001. “Once a plaintiff knows of the injury and its probable cause, he/she bears the responsibility of inquiring ... about whether he/she was wronged and should take legal action.” Gonzalez, 284 F.3d at 289. The limitations period begins to run once a plaintiff has sufficient facts to inquire into a possible claim, regardless of whether or not any actual inquiry occurs. See Kubrick, 444 U.S. at 123, 100 S.Ct. at 360; Gonzalez, 284 F.3d at 291 n. 10.
The facts in Heinrich, Cutting and Donahue specifically involved information regarding causation that was contained in media reports. In Heinrich, Chief Judge Young refused to impute to the plaintiffs knowledge of factual information contained in medical journal articles that indicated a possible connection between the experiments in which the victims participated and their deaths. Heinrich, 44 F.Supp.2d at 417. There was no evidence that the plaintiffs had actually read the articles, and Judge Young concluded that due diligence did not require laypeople to scour obscure medical journals. Id. Cutting and Donahue dealt with mainstream media. In Cutting, Judge Ponsor determined that plaintiff Cutting’s claims against a Veterans’ Administration hospital for her husband’s wrongful death were timely because as soon as she saw a television report regarding an investigation into the activities of a nurse at the hospital in which her husband had died, she requested his medical records, inquired into the investigation, contacted a lawyer, and filed her administrative claim within two years of viewing the report. Cutting, 204 F.Supp.2d at 228. By contrast, the claim of another plaintiff in the Cutting case was deemed to have accrued before he learned of the nurse’s criminal indictment. That plaintiff had become aware of several news articles discussing an investigation seeking a link between the nurse and a high number of cardiac deaths at the hospital where his brother died of cardiac arrest. Id. at 230-31. Since the second plaintiff filed his administrative claim more than two years after he became aware of the articles, his claim was not timely. Id. In Donahue, I concluded that knowledge of the content of certain media reports published more than two years before the plaintiffs’ claim was filed should not be imputed to the plaintiffs for purposes of triggering a duty on their part to inquire. Donahue, 204 F.Supp.2d at 176-77. Of particular relevance in making that assessment were the facts that the media reports were published sixteen years subsequent to the death of the plaintiffs’ decedent and thirteen years subsequent to the indictment of a third party for the murder, and that the third party, who was not an FBI informant, was tried for, and then acquitted of, the murder. Id. at 177-78.
In the present case, the United States argues that even if the Bennetts’ claim did not accrue on December 23, 1967, they did know, or in the exercise of reasonable diligence should have known, enough information to bring a claim well before September 10, 1999 — the accrual date implied by the date on which their administrative claim was filed. Mot. to Dismiss at 13. This argument is premised on quotations attributed to Bennett, Jr. in the Gelzinis Article that he connected his father’s murder with FBI misconduct and was looking for a lawyer to sue the FBI. Id. at 12. (This is a matter to which I will return in Part III.D of this memorandum and order.) The United States also asserts that the Bennetts had actual knowledge that Flemmi had been charged twice with William Bennett’s murder; that details of Flemmi’s relationship with the FBI had been widely reported; and that testimony from the Salemme case linking the FBI and Flemmi to William Bennett’s murder had also received extensive media attention. Id. at 13. Thus, the United States argues that by the mid-1980’s or late 1990’s, the basis for the plaintiffs claim was not “inherently unknowable,” such that a reasonable plaintiff would not have discovered it. Reply at 3. The plaintiff responds that none of the media reports provided the Estate with notice of the critical facts forming the basis of its claim, and, that in any event, the surviving Ben-netts did not have actual knowledge of the media reports. PI. Opp. at 12. Thus, the plaintiff argues, knowledge of the facts contained in those reports should not be imputed to the named plaintiff through Bennett, Jr.
The United States has provided me with copies of several newspaper articles which began appearing in Boston’s newspapers as early as 1985. The earliest of these reports make a connection between Flemmi and William Bennett’s murder. See, e.g., Mot. to Dismiss, Ex. 3 (William F. Doherty and Richard J. Connolly, Angiulo Lawyer Questions Audibility of Tapes, The Boston Globe, Nov. 21, 1985 at 46 (noting receipt by organized crime figure of coded message from Flemmi indicating William Bennett had been murdered)). Later reports, postdating the 1996 indictment of Flemmi and Salemme, both suggested a connection between the FBI and Flemmi and reiterated the allegation that Flemmi killed William Bennett. See, e.g., Mot. to Dismiss, Ex. 3 (Ralph Ranalli, Mobster: I Had License to Kill: Flemmi Says FBI Knew He Was a Murderer, Boston Herald, Jan. 7, 1998 at 6) (noting Flemmi’s admission that he had a “free pass on murder” and the fact that the 1969 Bennett murder charge had been dropped). I note, however, that many articles published after 1998 also report express denials by the FBI of any improper relationship between Flemmi and agents of the FBI. See, e.g., Pl. Opp. at 16 (citing David Weber, Flemmi’s Lawyer Contends Fed Let His Crimes Slide, Boston Herald, Jan. 14, 1998 at 10 (stating Rico denied making promise to Flemmi to block prosecution of claims); Patricia Nealon, Ex-Agent Denies Tipping Off Flemmi, The Boston Globe, Jan. 15, 1998 at B4 (reporting Rico denied alerting Flemmi to upcoming indictment and in playing role in dismissing charges)). Both Bennett, Jr. and Edward Bennett explicitly deny seeing, reading or hearing about any of the media reports cited by the United States, including those recounting testimony at the Sa-lemme hearings. E. Bennett Aff. at ¶¶ 15-16 (stating he had not read any newspaper articles prior to July 2000 in relation to Flemmi, the FBI, or his father’s death); W. Bennett Aff. at ¶¶ 3-4 (stating he had not read any newspaper articles prior to July 2000 regarding the relationship between the FBI and his father’s death).
The United States argues that the surviving Bennetts’ failure to read these articles is unavailing, as the media reports were so widely available that a plaintiff exercising reasonable diligence should have discovered them, thus triggering a duty to inquire about potential FTCA claims. I am not persuaded, however, that the earliest articles cited by the United States — those simply connecting William Bennett’s murder with Flemmi’s activities — would have added anything to the actual or constructive knowledge of the surviving Bennetts had they actually read them. It is only the later articles, in which a suggestion is made of Flemmi’s operating under an informally conferred FBI license to kill, that would put a reader on notice of the FBI’s possible involvement in the Bennett murder.
As to the later media reports, I do not find that the failure of Edward Bennett and Bennett, Jr. to become aware of these media reports is indicative of a lack of due diligence on their parts. Moreover, as in the Cutting case, where plaintiff Cutting filed her administrative claim within two years of learning of her potential cause of action because of information in a media report, the plaintiff in this case filed a timely administrative claim. See Cutting, 204 F.Supp.2d at 228. In the Donahue case, I concluded that the significant amount of time between the death of the plaintiffs’ decedent and the publication of the media reports at issue lent support to the plaintiffs’ claims that they did not act unreasonably by failing to keep track of items in the Boston press. See Donahue, 204 F.Supp.2d at 177-78. William Bennett was murdered in 1967, and it was not until 1998 that extensive press coverage began to report Judge Wolfs findings that agents of the FBI were aware of crimes Flemmi committed while serving as an FBI informant or promised him immunity (as he has claimed) from prosecution in exchange for information. The period in which Flemmi was an informant is alleged to comprise some thirty years. Although the Bennetts knew from 1969 that Flemmi was a suspect in the murder — whereas the Donahue plaintiffs believed that someone other than an FBI informant murdered their decedent — the law does not require the Ben-netts to have monitored press reports indefinitely from the day they became aware of the suspect’s identity, particularly where they deny any knowledge prior to the year 2000 that Flemmi was acting as an FBI informant. Additionally, Edward Bennett has lived in New Mexico since the early 1970s, and Bennett, Jr., has resided in Florida since 1978. (Of the other Ben-netts who survived the decedent, a daughter, Robin, passed away in 1985, and his widow in 2001. It is not clear where William Bennett’s widow, Louise, lived prior to her death; nor is it clear where a third son, Walter Bennett, resides.) The standard by which a potential FTCA claimant is deemed to have acted, with due diligence is one of reasonableness, and I conclude that given the passage of time and their distance from Boston, it is not unreasonable for Bennett, Jr. and Edward Bennett to have been unaware of the media reports that began to circulate in the late 1990s. See Orlikow v. United States, 682 F.Supp. 77, 85 (D.D.C.1988) (stating “newspaper articles containing allegations do not necessarily place citizens on notice when there is no evidence that these articles were read.”); see also Donahue, 204 F.Supp.2d at 177 (same).
D. Fraudulent Concealment.
Despite the statements made by Edward Bennett and Bennett, Jr., with regard to the date at which they became aware of their potential claim, I agree with the United States that mid-2000 is not the initial date from which the Estate’s claim should run: Bennett, Jr. concedes that he was contacted by a reporter in late summer 1998 about the “mess in Boston” and states that he was then urged to contact the FBI. W. Bennett Aff. at ¶¶5-6. He also states that it was at this time that he learned that Flemmi was an FBI informant. Id. at ¶ 5. The Gelzinis Article was then published with his comments recalling the 1967 incident in which FBI agents spoke with his father and stating his plan to sue the FBI. Even accepting the facts in the complaint as true and drawing all reasonable conclusions therefrom, I find that Bennett, Jr. should have known in the exercise of reasonable diligence that he had a potential claim against the FBI in August of 1998.
Because Bennett, Jr. discovered or should have discovered the factual basis for an FTCA claim in August of 1998, and because it is proper to impute his knowledge to the Estate, any administrative claim filed by the Bennetts after August of 2000 should be considered untimely. However, there remains another twist in this decades-long story of official coverups: I find that the FBI fraudulently concealed evidence of its own involvement in William Bennett’s death when Bennett, Jr. began to make inquiries, and that the period for the filing of a notice of administrative claim was therefore tolled.
The plaintiff makes the argument that the doctrines of equitable tolling and fraudulent concealment should act to toll the limitations period for the filing an administrative claim until July of 2000, when Edward Bennett states that he learned of facts that revealed government wrongdoing. PL Opp. at 19. Bennett, Jr.’s notice in 1998 of potential FBI involvement, the plaintiffs argument continues, should not set the limitations clock running because when Bennett, Jr. made inquiries of the FBI, the agents to whom he spoke fraudulently concealed information that would have led Bennett, Jr. to conclude that a claim against the United States existed. The United States, relying on an affidavit filed in this case by Bennett Jr., responds that the FBI agents with whom Bennett, Jr. met after August of 1998 stated simply that the investigation was ongoing and that they had no information to share with him at that time. This cannot act to toll the limitations period, the United States argues, because the “mere failure of the alleged wrongdoer to disclose his or her wrongdoing is not fraudulent concealment.” Mot. to Dismiss at 16; Reply at 8.
As an initial matter, I find that the United States’ characterization of the facts contained in Bennett, Jr.’s affidavit elides dates and misconstrues crucial details of the conversations reported therein. The United States asserts that the affidavit of Bennett Jr. indicates that a conversation with the unnamed FBI agents in question took place in 1998, when Bennett, Jr. initiated a meeting with two FBI agents at a reporter’s suggestion. Id. However, it is clear from the affidavit that Bennett, Jr. spoke with agents of the FBI on two separate occasions; while it is unclear exactly when the conversation quoted below took place, it can be stated with some certainty that it occurred at Bennett, Jr.’s first meeting with the FBI, some time after “late summer 1998” and before 2000. In 2000, according to the affidavit, a Drug Enforcement Agency agent named Dan Doherty contacted Bennett, Jr. Doherty, according to Bennett, Jr., stated that murder charges were going to be dropped against Flemmi and Salemme. See W. Bennett Aff. at ¶¶ 8-9. The affidavit does not state that Doherty made any representations regarding FBI involvement in Bennett’s death, but the affidavit goes on to state that Bennett, Jr. subsequently spoke to agents of the FBI, who stated in this second encounter that they had no information to share. Id. at ¶ 9. By contrast, the earlier conversation with the two unnamed FBI agents is reported by Bennett, Jr. as follows:
I met with two FBI agents who informed me that they were conducting an investigation. They did not inform me who was the subject of the investigation or the specific nature of the investigation ... [T]he agents did assure me, however, that there was no connection between the conduct of any FBI agents and the death of my father or the failure to convict those responsible for his death. The Agents also told me very generally and without real explanation, that any actions by the FBI were “routine” and that FBI agents in the field at the time of my father’s death did nothing improper.
Id. at ¶ 6 (emphasis added).
These statements are more than a mere failure to disclose wrongdoing, but an affirmative and categorical denial of wrongdoing that is consistent with what the complaint alleges to have been a secret understanding between Rico and Flemmi that Rico would not reveal Flemmi’s cooperation with the FBI and would not seek his prosecution for crimes committed while Flemmi was an FBI informant. See Compl. ¶¶ 20, 29.
The doctrine of equitable tolling suspends the running of a statute of limitations “if a plaintiff, in the exercise of reasonable diligence, could not have discovered information essential to the suit.” Gonzalez, 284 F.3d at 291 (citing Bernier v. Upjohn Co., 144 F.3d 178, 180 (1st Cir.1998)); see also Miceli v. FBI, 2002 WL 31654948 at *9 (N.D.Ill. Nov.21, 2002) (indicating equitable tolling requires due diligence to obtain information bearing on existence of claim, not its details). In Gonzalez, the court did not find equitable tolling of the statute appropriate, finding that tolling was precluded by a lack of diligence on the part of the plaintiff. The plaintiff, knowing both that her baby was injured and that the probable cause of the injury was medical negligence, failed to inquire into the federal employee status of the potential tortfeasors. See id. at 291-92. By contrast, Bennett, Jr.’s affidavit makes it clear that he did inquire about FBI involvement in his father’s death after learning of a potential connection in the summer of 1998, and that he gave up the inquiry because he received assurances that reasonably led him to believe that pursuit of the FBI was a dead end.
The closely related doctrine of fraudulent concealment is available “where a plaintiff has been injured by fraud and remains in ignorance of it without any fault or want of diligence or care on his part.” Gonzalez, 284 F.3d at 292 (quoting Salois v. Dime Sav. Bank of New York, FSB, 128 F.3d 20, 25 (1st Cir.1997)) (quotation marks omitted in original); see also Cogburn v. United States, 717 F.Supp. 958, 961-62 (D.Mass.1989) (stating plaintiffs must show they were unable to discover concealed information within limitations period despite exercise of reasonable diligence and were thus barred from seeking redress in court). To succeed with such a claim, a plaintiff must show that “1) sufficient facts were [not] available to put a reasonable [person] in the plaintiff’s] position on inquiry notice of the possibility of fraud, and 2) plaintiff exercised due diligence in attempting to uncover the factual basis underlying this alleged fraudulent conduct.” Salois, 128 F.3d at 25-26 (quoting Maggio v. Gerard Freezer & Ice Co., 824 F.2d 123, 128 (1st Cir.1987)). In this case, the plaintiff must show that the United States itself played a role in concealing the identity of the FBI tortfeasors; must plead with particularity the facts surrounding the concealment; and must be able to show due diligence in attempting to uncover those facts. Gonzalez-Bernal v. United States, 907 F.2d 246, 250 (1st Cir.1990).
In the Cogbum case, the statute of limitations was equitably tolled because the court found that the plaintiffs doctors had falsified medical reports in order to cover up their negligence. Cogburn, 717 F.Supp. at 959. At one point, the plaintiff requested and received his falsified medical records, which he provided to an attorney for review. The attorney then advised the plaintiff that he had no basis for a claim of negligence. When the plaintiff later discovered that the records had been falsified, he immediately filed an administrative claim. Id. The court found that because the original records were fraudulently concealed and the plaintiff exercised due diligence by requesting the records and reviewing them to evaluate his potential claims, the limitations period was tolled. Id. at 963. In Gonzalez-Bernal, the facts were different, and the court did not find the statute tolled as a consequence of fraudulent concealment. Gonzalez-Bernal, 907 F.2d at 250. The court noted that “the government is under no obligation to provide private citizens with information concerning ongoing criminal investigations .... ‘Fraudulent concealment must consist of affirmative acts or representations which are calculated to, and in fact do, prevent the discovery of the cause of action. Mere silence of the defendant and failure by the plaintiff to learn of the right of action, alone, are not sufficient.’ ” Id. (quoting Chrysler Workers Ass’n v. Chrysler Corp., 663 F.Supp. 1134, 1151 (N.D.Ohio 1986)).
In the present case, the complaint alleges that Rico knew that Flemmi was involved in criminal activities, including murder, while he served as an FBI informant; that Rico filed false reports within the FBI, diverting attention away from Flem-mi during criminal investigations; that Rico violated established policies and procedures of the FBI in order to continue the agency’s improper relationship with Flemmi; and that the FBI concealed the truth regarding its tortious and wrongful actions for a period beginning before Bennett’s murder and extending to the present day. Compl. ¶¶ 15, 24, 40, 42. In addition, Rico expressly denied any wrongdoing in regard to his relationship with Flemmi during the Salemme hearings in 1998. PL Opp. at 16. Other agents of the FBI made affirmative representations to Bennett, Jr. that there was no connection between the actions of the FBI and his father’s death. W. Bennett Aff. at ¶ 6. Finally, the surviving Bennetts state explicitly that they believed the actions of Flemmi and Salemme to be the sole causes of their father’s murder until at least July 2000. Id. at ¶ 5. I conclude that these facts are sufficient to state a claim that the FBI actively concealed its alleged involvement in the encouragement, or at least condonation, of the criminal acts of Flemmi, including the murder of William Bennett. I therefore conclude that, in keeping with the rule enunciated in Gonzalez-Bemal and Cog-bum, the limitations period was tolled from summer of 1998, when Bennett, Jr. first suspected that he might have a claim and began the inquiry that was stymied by the two unnamed FBI agents, to the summer of 2000, when both Edward Bennett and Bennett, Jr. became aware that evidence of the FBI’s longstanding collusion with Flemmi was being presented in connection with the Salemme case. Whether this tolling be characterized as “equitable tolling” or tolling due to fraudulent concealment does not matter. The plaintiff has stated a claim for both.
IV. FBI as Defendant.
An additional point raised in the motion to dismiss is the assertion that claims brought against the FBI must be dismissed for lack of subject matter jurisdiction, because the FTCA does not permit tort actions to be brought against federal agencies. Mot. to Dismiss at 17; see 28 U.S.C. § 1346(b)(1) (providing jurisdiction for claims brought “against the United States”). The plaintiff has not addressed this argument in its opposition brief. Because the law provides that “[t]he authority of any federal agency to sue and be sued in its own name shall not be construed to authorize suits against such federal agency on claims which are cognizable under section 1346(b) of this title, and the remedies provided by this title in such cases shall be exclusive,” 28 U.S.C. § 2679(a), no claim cognizable under § 1346(b) of the FTCA may be brought against the relevant federal agency in its own name. Federal Deposit Insurance Corp. v. Meyer, 510 U.S. 471, 476, 114 S.Ct. 996, 1001, 127 L.Ed.2d 308 (1994). An action asserted under the FTCA is considered cognizable if it is brought
against the United States, for money damages, accruing on and after January 1, 1945, for injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within .the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.
28 U.S.C. § 1346(b).
Since the complaint asserts all the required elements — the claim is one for wrongful death under Massachusetts state law, arising from actions taken by an FBI employee within the scope of his employment and seeking money damages against the United States — this action is cognizable under the FTCA. Therefore, the FTCA remedy is the exclusive remedy, and the FBI is not a proper defendant. Accordingly, the claims against the FBI are dismissed for lack of subject matter jurisdiction.
Conclusion.
For the reasons stated above, I hold that the plaintiffs claims, as asserted against the United States, are not time-barred because, by operation of the discovery rule, the claims did not accrue until summer of 1998. Because of the. actions by the FBI constituting concealment of essential facts, I further hold that the limitations period was tolled until July of 2000, and the plaintiffs filing on September 10, 2001 of his administrative claim was therefore timely. The motion of the United States to dismiss claims asserted against it is therefore DENIED. With respect to claims asserted against the FBI, I conclude that the remedy provided by the FTCA is exclusive, and the motion to dismiss such claims as they relate to the FBI itself is therefore GRANTED.
SO ORDERED.
. 28 U.S.C. § 2401(b) states that "[a] tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues or unless action is begun within six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented.”
. In Richman, the plaintiff was assaulted and seriously injured by one George Chalpin, who had been treated by a Veterans’ Administration hospital for emotional stress before his encounter with the plaintiff. Richman, 709 F.2d at 123. In Zeleznik, the plaintiff's son was murdered by one Vernal Walford, whom the INS had failed to detain despite his efforts to turn himself in as an illegal alien before he committed the murder. Zeleznik, 770 F.2d at 21-22.
. The Gelzinis Article quotes Bennett, Jr. as having said that he thought, at the time of the 1967 visitation to his home by FBI agents that "[tjhese [the FBI agents] are supposed to be the good guys,” and having remembered William Bennett saying: “No, no, they are not the good guys.” This latter remark of William Bennett is ambiguous at best, given that William Bennett himself was thought by the FBI to have been involved in criminal activities and might well have been a target of legitimate FBI law enforcement activities.
. It was during the course of the Salemme hearings that Flemmi raised as a defense his understanding that he would not be prosecuted for crimes committed during his tenure as an FBI informant. See Salemme, 91 F.Supp.2d at 315-17. This assertion began the inquiry by Judge Mark Wolf of this district that culminated in hundreds of pages of findings revealing for the first time the details of the FBI’s involvement with the Winter Hill Gang.
. I note, as an aside, that the full story of Flemmi’s relationship with the FBI remains a work in progress. No fewer than six of the thirteen active judges of this district have had criminal and civil cases, during the last few years, that have related in some way to the relationship between the FBI and members of the Winter Hill Gang. Several of these cases are ongoing. I have had thirteen of such cases, twelve of which are ongoing.
In addition, Congress continues to this day an investigation into what went wrong when the Boston office of the FBI began to work with the Winter Hill Gang. A reputed leader of the Winter Hill Gang, James J. "Whitey” Bulger, remains a fugitive from justice as of this writing, and as recently as June of this year, James Bulger’s brother William was called to testify before a congressional panel investigating the connection between the FBI and the Winter Hill Gang. William Bulger’s testimony that he had no information to offer regarding his brother’s whereabouts, and had no contact with the fugitive since shortly after his disappearance, sparked a controversy that shortly led to William Bulger's tender of his resignation as the president of the University of Massachusetts. See Shelley Murphy, Loyalty to ‘Whitey’ Cost Brothers, Some Say Legal Trouble, Resignation Linked to Fugitive Brother, THE BOSTON GLOBE, Aug. 11, 2003 at Bl. Thus, the position of the United States position that, in 1969, the plaintiff in this case should have suspected that the FBI had formed an alliance with organized crime figures when this fact was apparently unknown to government officials outside of the FBI can be met with nothing short of incredulity.
. 28 C.F.R. § 14.3(c) states: "A claim based on death may be presented by the executor or administrator of the decedent's estate, or by any other person legally entitled to assert such a claim in accordance with applicable State law.”
. I note as well that the original complaint defined the "plaintiff” as "the estate of William [Frederick] Bennett including his children, William Bennett, Edward Bennett and Walter Bennett.” Original Compl. Intro. The complaint was later amended to read: "The plaintiff is Edward Bennett, as Administrator of the Estate of William Frederick Bennett.” Compl. (as amended) Intro.
. An article dated July 6, 2000 contains the first indisputably affirmative indication that the potential claim was known to Bennett, Jr. Mot. to Dismiss, Ex. 2 (Peter Gelzinis, Feds Betray Bennett Family Once Again, BOSTON HERALD, Jul. 6, 2000 at 1 (stating “There’s no doubt whatsoever in my mind that Paul Rico gave my Dad up to Stevie Flemmi ... ”)). Another article published on the same day states "Billy believes his father figured out Flemmi and Salemme were the killers [of the other Bennett brothers], but made the mistake of telling FBI agents, who in turn tipped Flemmi, a longtime FBI informant.” Pl. Opp., Ex. 1A (Andrea Estes, Judge Tosses Evidence Against Flemmi in Deaths of 3 Brothers, BOSTON HERALD, Jul. 6, 2000 at 4).
. Although it makes no difference to the tolling question, I note, en passant, that the FBI's response to Edward Bennett’s FOIA request is also indicative of stonewalling on an official level. Particularly in light of Judge Wolf's comment in Salemme that the FBI "had a motive to tailor, by omission or distortion, the written records that they reasonably expected would never be seen by others,” 91 F.Supp.2d at 175, the FBI’s letter in February of 2001 stating that the "manual indices to the central records system maintained in the Boston office” turned up no "main file records” regarding the murders of the three elder-generation Bennett brothers only serves to underscore the impression that the FBI has sought to prevent victims of Flemmi’s crimes from seeking redress under the FTCA.
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CASELAW
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Need To Know What Acupuncture Is All About?
When you aren’t feeling your best, you want to find ways to feel better without the side effects of traditional drugs. So many prescriptions today come with a list of problems they cause which are as long as you are tall! Avoid this stressful situation by investigating acupuncture through this article instead.
Expect to feel a sensation of heaviness or lightness in different areas of your body. This is entirely normal and is caused by the stimulation of your nerves. You should focus on this sensation and relax as much as you can. You should not fight these sensations to get the most out of your treatment.
Although needles are involved, acupuncture should not be too painful. Keep in mind that the needles are generally a lot thinner than those you encounter in your doctor’s office. Therefore, if you are nervous about getting “stuck,” you really should not be. You will feel them, but you should not experience extreme pain.
Do not just go to one appointment and then stop. Generally, you will experience the best results if you go to several treatments. If you are not dedicated to the process, you are not going to benefit as much from it. Talk to your doctor about what you can realistically expect after the first appointment and then going forward.
Ask your acupuncturist about the style they use. Acupuncture is a very complex discipline and there are several methods acupuncturists can use to relieve pain or stress. Make sure the methods your acupuncturist uses are painless. If you are new to acupuncture, ask if you can get a very simple treatment to get used to the sensatin.
READ Acupuncture And What It's Going To Help You With
Fitness
Acupuncture produces different effects in different people. Some people report that they feel extremely relaxed after a session, while others notice a burst of extra energy. A common benefit reported by most patients is an overall sense of well-being and fitness. These feelings are in addition to achieving the pain relief they were seeking.
Health Department
Make sure the acupuncturist you’re seeing is licensed by your State Health Department. Licensure guarantees the technician completed a full program rather than becoming eligible by attending a weekend class. Licenses are only issued to people with adequate training, so you are able to feel more confident when you visit these professionals.
Healthier
There is a lot more to acupuncture than the treatments involving needles. This medicinal practice is associated with a philosophy. You should learn more about the philosophy of acupuncture to adopt a healthier lifestyle. There are plenty of meditation exercises, home remedies and other practices you can use to introduce acupuncture in the different aspects of your life.
Nutrition
Acupuncture can help you if you have digestive issues. Some acupuncture techniques assist your body with cycles that are natural, such as digestion. Speak to your practitioner about what you eat in order to bolster your results. Visit your acupuncturist regularly until you see improvement with your digestion problem.
With this great advice in hand all about acupuncture, you now have a natural way to remedy your problems. From depression to diarrhea, constipation to the common cold, this age-old art can benefit you in a myriad of ways. Find a reputable practitioner near by and find the relief you need thanks to their help.
READ Tops Tips About Acupuncture That Anyone Can Follow
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ESSENTIALAI-STEM
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This is an archived post. You won't be able to vote or comment.
all 7 comments
[–]mitsuhikoredis-rs 2 points3 points (1 child)
If someone sneaks global variables in, I really want to see the syntax being available for context locals: https://gist.github.com/mitsuhiko/213892b73873f9d20920 :D
[–]kibwen 3 points4 points (0 children)
Then make sure you mention this in the bikeshedding thread on the mailing list!
[–]surrealize 3 points4 points (2 children)
This cracks me up:
There's a discussion about changing "static" to "const", since static memory is only used for constants. Then, later, there's a discussion about global variables; consensus seems to be that they're necessary, but there's disagreement about syntax. So Graydon goes:
Clearly const mut!
lol
[–]sanxiynrust 7 points8 points (1 child)
Well it isn't as absurd as it seems. What is being discussed is a compile-time constant address to the mutable memory.
[–]mcguire 2 points3 points (0 children)
It would go well with immutable variables. Like the old joke: "Constants aren't and variables's don't."
[–]bjzabarust · cgmath · gl-rs · flair to go with my ~*!BANNED!*~ 0 points1 point (1 child)
It'd be kinda sad to see const go in favor of static. What about just using mut for globals?
[–]illissius 2 points3 points (0 children)
I think it makes sense... in C values are normally mutable, and you say const if you want them to be immutable. In Rust values are normally immutable, and you say mut if you want them to be mutable. So it makes the same kind of sense for Rust to not have const as it does for C to not have mut. The alternative is expressed by saying nothing. (And having const mean something different from C's const can be confusing, brought into sharpest relief when you try to combine it with the antonym of C's const for the oxymoronic const mut.)
static feels more appropriate to me for talking about allocation lifetimes. Though I also have no problem at all with just using let for global variables, same as for local ones. You only really need a special word for the special lifetime, and for statically allocated variables inside of functions, as floated in the meeting notes - for that case I don't think static has a rival. OTOH it's also kinda nice if the things that have static lifetime are precisely those things that are declared with static. OTOOH static on global variables means something completely different in C (unlike on local ones where it happily coincides). So I dunno. Bunch of little pros and cons on everything.
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ESSENTIALAI-STEM
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Image by WikiImages from Pixabay
WriterSimpal Kumar Suman
Biotechnologist, Patna (Bihar), India
The term Space Biotechnology may be new for you and not older. The use of space biotechnology is a recruited new branch in which all the work related to biotechnology is done in space, hence it is called space technology. In simple language, the life science program in space using engineering tools and techniques to make bio-products and services for human beings. Do you know Biotechnology research work happening on Earth is being affected by the gravitational force of the Earth? Yes, the interesting thing is that research work and animal existence are happening in a 1g (g= 9.8ms -2 ) environment. Gravitational acceleration decreases when it goes above (altitude) the Earth’s surface. That is, the attraction potential of the earth decreases when it goes above the surface of the earth. In fact, Gravity goes up to about zero in space. Loosely it is called zero gravity but precisely also called microgravity by scientists. This microgravity or zero gravity providing the basis of space biotechnology.
Microgravity :The basis of Space Biotechnology
Space providing us an advanced environment for biotech research and development. Microgravity and cosmic rays are proving to be important in the research and development work of space biotechnology. But the main role is that of microgravity, which is the base subject of space. According to past and current research work, it seems that the use of the microgravity environment is probably based on four major reasons in space biotechnology.
• Microgravity Protein Crystallization
• Mammalian cell and tissue culture.
• Basic and advanced research about life in space
• Human civilization establishment in space
Protein Crystal Development:
With the effect of microgravity, it is possible to build a high level and large size of protein crystals which is not possible on Earth’s gravity. Earth’s 1g gravity impedes the formation of a 3D crystal structure of the protein, causing unwanted crystal defects. Due to this, sometimes, in X-ray crystallography, the location of the atom in the molecular structure of the protein is not accurately detected, even the position of the active hydrogen atom is not known. In almost all organisms, biochemical actions take place in the watery environment of the cell.
Cells contain 65% to 75% water and many functions take place in the cytoplasm. Protein formation and breakdown occurs in the cellular environment(cytoplasm). For the development and discovery of targeted drugs, the 3D structure of a protein is necessary. Structure to be determined may be viral toxic proteins, bacterial toxins or proteins or human proteins. It is necessary to know the protein crystal structure because it is easy to create and discover new drugs through them. The position and structure of any protein crystal atom are determined by several techniques of crystallography but two techniques play an important role in the development of medicine. The first X-ray crystallography and second NMR spectroscopy. Both are complimentary for small protein structure determination. The first to find out the 3D structure of protein crystals and the position of atoms with the help of the X-ray crystallography technique. But it is also necessary to know the positioning of the hydrogen atom in the protein crystal under consideration. In the X-ray crystallography technique, in some cases, flexible regions and Hydrogen atoms are not observed. This is the technical issue of crystallography technique and other problem arises during protein crystallization. The conversion of protein solution (liquid form) into crystal(solid form), earth’s gravity(1g=9.8ms-2 ) causes crystal defects which give us inaccurate information. Both problems can be short out by using neutron diffraction crystallography in space microgravity. Microgravity resolves crystal defects and the formation of large-sized crystal and neutron diffraction crystallography resolves missing or unobserved hydrogen atom in the crystal. Microgravity Protein Crystallization properly by the neutron diffraction crystallography under the influence of microgravity. Because neutron diffraction crystallography requires large size protein crystal and this can be achieved by crystallization under microgravity.
So by crystallizing the toxic proteins of pathogenic micro-organism into space, crystallography techniques can know the 3D structure and form the basis of drug discovery in the field of medicine. From this, we can also know how the drug works. Currently, the role of NASA Space Agency (USA) in the research and development of space Biotechnology is commendable. All the research work of space Biotechnology takes place in space. In the year 1998, NASA placed its first aircraft in the lower orbit of the Earth. This vehicle was often set up for the living and research of astronauts. This vehicle is the world’s largest space station, which is now called the International Space Station. This station is divided into several units which are doing research in many fields of science and technology. One of them is also in the field of biotechnology. Due to the microgravity area at this international station, work is being done on cell culture. Only special types of bioreactors for cell culture are designed in the space station. So that easily the effect of gravity can be studied in the development of cells and changes in gene expression.
Commercialization of space biotechnology:
NASA is now inviting global biotechnology companies to produce their space biotechnology research as well as commercial production. Currently, the Biotechnology Innovation Organization(BIO) is the world’s largest biotechnology trade association considered for successful innovation in the fields of agro-industrial medicine and environmental biotechnology, emphasizing the availability of fuel medicine and food to overcome the global problems of the earth.
Space Biotechnology is another tomorrow’s solution to solve the problems of the Earthlings. In future, it may be that the arable land on the earth becomes small and the population has to resort to space for food and other needs. Making other planets life-worthy with space-based competitive technology, creating an arable environment, manufacturing high-level medical-related medicines in space can answer our future challenges. However, no space bioproduct has been made commercially yet. Establishing human civilization in space can be considered as the goal of the future. The human can use his imagination and knowledge to make his home anywhere in universe. Latitude and incredible work are possible through science and technology which will take space biotechnology far ahead in the future.
References:
Protein crystal growth in microgravity
Ng JD, Baird JK, Coates L, Garcia-Ruiz JM, Hodge TA, Huang S. Large-volume protein crystal growth for neutron macromolecular crystallography. Acta Crystallogr F Struct Biol Commun. 2015;71(Pt 4):358–370. doi:10.1107/S2053230X15005348
Smyth MS, Martin JH. x ray crystallography. Mol Pathol. 2000;53(1):8–14. doi:10.1136/mp.53.1.8
https://www.nasa.gov/
https://www.bio.org/
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ESSENTIALAI-STEM
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IGF
Publikacja
Turbulent mixing of clouds with the environment: Small scale two phase evaporating flow investigated in a laboratory by particle image velocimetry
Korczyk P.M., Kowalewski T.A., Malinowski S.P.
Typ publikacji:
Publikacja naukowa recenzowana (Science Citation Index)
Physica D: Nonlinear Phenomena
241 (3), 2012, 288-296, 10.1016/j.physd.2011.11.003
Jednostka organizacyjna:
IGF, ZFA
In this report, experiments mimicking some aspects of cloud-clear-air mixing in a laboratory chamberare discussed. A saturated plume containing small droplets of water (a surrogate of anatmospheric cloud) is mixed with unsaturated environmental air in order to study effect of evaporativecoolingattheinterfaces between cloudy and clear air filaments on small-scale turbulence. Two components of the turbulent velocity ata small scalearedeterminedusing particle imaging velocimetry of the cloud droplets.Enhanced velocity fluctuations between the Kolmogorov (η≈0.8 mm) and Taylor (λ≈8 mm) microscales are observed.
The characteristic feature of these microscales is anisotropy with a preferred vertical direction. A straightforward dependence of the observed effects on the relative humidity of the environment indicates the importance of buoyancy production by evaporative cooling. This conclusion is in agreement with previous numerical experiments described in the literature and suggests that, under certain conditions, effects similar to the above may influence the smallest scales of turbulence in natural clouds.
Cofnij
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ESSENTIALAI-STEM
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The Silver Lining (video game)
The Silver Lining (TSL) is an episodic video fangame based on the King's Quest series, which was developed and released in free download format by Phoenix Online Studios for Microsoft Windows starting on July 18, 2010. While five chapters were planned, the most recent release, ''Episode 4: 'Tis in My Memory Locked. And You Yourself Shall Hold The Key Of It'', was released on November 8, 2011.
Although the game features 3D graphics, its gameplay departs from Sierra Online's last King's Quest release, The Mask of Eternity, which was mainly criticized for its RPG-like atmosphere, and settles into that created by the previous titles (for example, the setting returns to the land of the Green Isles, visited in King's Quest VI: Heir Today, Gone Tomorrow, while some recurring characters include Mannanan from King's Quest III: To Heir Is Human and Pan from King's Quest IV: The Perils of Rosella). The plot itself revolves around King Graham as he desperately seeks the help of ancient druidic artifacts to undo the evil cast upon his children, Alexander and Rosella.
The fifth and final episode for the series, A Thousand Times Good Night, remains in development in 2020 after multiple delays since 2011. Since Phoenix Online Studios changed its name to Phoenix Online Publishing on 19 May 2014 in order to respecialize for publishing of independent quest games and focus on more profitable endeavors. The company soon made a statement of releasing all rights to the game to Activision upon request. In August the same year, Activision began to collaborate with its Sierra Entertainment division on new King's Quest game.
Episodes
* "Episode 1: What is Decreed Must Be" (July 10, 2010)
* "Episode 2: Two Households" (September 18, 2010)
* "Episode 3: My Only Love Sprung From My Only Hate" (February 17, 2011)
* "Episode 4: ‘Tis in My Memory Locked. And You Yourself Shall Hold The Key Of It" (November 6, 2011)
* "Episode 5: A Thousand Times Goodnight" (Unknown. Development team has not announced a date)
Game development
Production of TSL began in October 2000. After a long period of limited production and loss of focus, the original team was reorganized under César Bittar, previously one of the project writers, in January 2002. Dividing the production crew into five departments (Art, Design, Audio, Programming, and Public Relations), he turned Phoenix into an efficient working unit. Little of the original plot was kept, so its resemblance to the original team's concept is limited.
The game was intended to be released as a trilogy, but later was altered to be released as a single game. The finished game was to contain Chapters 1 and 2 at first, but soon into the plot writing, a third chapter was added, and then the team has added two more. Although it has been originally proposed to end the game on a cliffhanger, the team has actually thought through a "decent" ending, but has yet to implement it due to delays and increased attention on commercial projects.
A short demo of Chapter 1 was released on July 30, 2006. A beta testing build containing 3 scenes from Chapter 1 was released on March 9, 2008. Later in June 2009 the team said that in the next couple of months they would be working to put the finishing touches on the game and submit it to Vivendi Games, Inc for approval. There was a delay in production from late 2009 to early 2010, when the first chapter was finally achieved and released on 18 July.
After releasing Chapters 3 and 4, many of the team workers have abandoned the project due to budget issues, and went on to perform paid work for their second game, Cognition. Bittar said in late 2011 that he has managed to keep 5-6 guys still working on TSL, basically for free, and that he was looking to split the studios into two divisions in order to retain interest in the game. Several files have since then leaked online on quest forums, but none amount to be sufficient to complete Chapter 5. In mid-2012, one of Phoenix's workers said a Telltale Games forum thread that the company has decided to release Chapter 5 for free to anyone willing to finish it. The sequence of events surrounding this statement remains unclear.
Delays and legal issues
The initial project was titled King's Quest IX: Every Cloak Has A Silver Lining (or KQ IX for short). Due to legal issues with Vivendi Games, Inc in 2005, and parent company Activision throughout 2009—10, the title has been changed.
From its inception, the TSL project's stated intention was to give closure to the King's Quest series with the belief and assertion that the project was legal under U.S. fair use copyright law, though acknowledging that this was a legal gray area. The developers maintained a notice on their site promising to end the project if confronted by Vivendi Universal, the owner of the King's Quest license. In September 2005, after over four years of development, and immediately after providing their first trailer and announcing a release date, Phoenix Online Studios received a cease and desist e-mail from Vivendi. Phoenix kept their word and immediately halted all development on the project as they entered negotiations with Vivendi. Once the news was made public, fans of the game and the series began a mass mailing and e-mailing campaign organized by the Save King's Quest IX team to persuade Vivendi to allow Phoenix Online Studios to complete the project.
On November 29, 2005, Phoenix Online Studios was granted a Fan License by Vivendi. The license allowed for resumption of project development with the requirement that the title be changed to remove the "King's Quest" reference. All characters, locations, art, story, plot, and script content were permitted to remain unchanged. According to César Bittar, the full title at the time was The Silver Lining: a game inspired by the King's Quest series.
After Vivendi Games merged with Activision in 2008, the latter became the new owner of the King's Quest franchise. Subsequently, Activision revoked the non-commercial license agreement previously negotiated between Vivendi and Phoenix Online Studios. After several months of negotiations, Activision issued its own cease-and-desist to The Silver Lining team, requesting that they cease production and take down all related materials on the game website. On June 26, 2010, Activision had changed its mind and decided to allow The Silver Lining to be released, which was agreed on condition of TSL remaining a free release and Activision still keeping the rights to all the content bearing resemblance to the original series.
Sometime in June 2014 Phoenix has turned over the rights to Activision, whose owners were looking to reboot the series, but keeping it a secret (this is why Phoenix has started with a statement of becoming a publisher first). On August 7, Activision has announced the opening Sierra Entertainment, which then presented the official reboot of the series in 2015. Sierra now legally retains the rights to TSL publication, but so far, the game is still available for free at Phoenix. In fact, TSL has always been the intellectual property of Activision, who once simply granted Phoenix the right to produce their game for freeware distribution, with all changes upon request (like removing "King's Quest" from the title).
Release
"Episode 1: What is Decreed Must Be" was released on July 10, 2010 as a free download and served as a "re-introduction" to the world of King's Quest. The chapter focused on setting the stage for the following episodes.
"Episode 2: Two Households" was released on September 18, 2010 as a free download. Marking a return to classic, Sierra-style adventure, Episode 2 sees King Graham investigate the mysterious curse upon his children as he searches for ingredients for an antidote. Taking into account criticism from the gaming community in response to Episode 1, Phoenix Online implemented numerous improvements to The Silver Lining for the release of Episode 2, including an option to toggle between shorter and longer narrations, improved pathfinding, a more realistic walking animation, the addition of a run/walk mode, and widescreen support.
"Episode 3: My Only Love Sprung From My Only Hate" was released on February 18, 2011 as a free download. This chapter contains more puzzles than the last two episodes and features King Graham's continuing quest to free his children. As a return to the classic problem-solving of the older games, note-taking is recommended, as well as returning multiple times to certain areas to see what has changed.
"Episode 4: Tis in My Memory Locked and You Yourself Shall Keep the Key of It" was released on November 6, 2011 as a free download.
"Episode 5: A Thousand Times Goodnight": Development status unknown. No release date has been announced.
Reception
The first episode of The Silver Lining was met with both praise and disappointment often in the same review, with most criticizing the voice acting, the lack of puzzles, and the short length. The reaction to the quality of the graphics and music was more mixed in nature. Most said they would be giving the future episodes a try. MobyGames calculated an overall aggregate score of 68 based on eight reviews, while Metacritic was calculated an overall score of 66 based on five reviews.
MobyGames gave the second episode an aggregate score of 73 based on six reviews, and the third episode a score of 67 based on five reviews. There is no score given on Metacritic for any but the first episode.
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WIKI
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Sirembo
Sirembo is a genus of cusk-eels of the subfamily Neobythitinae, family Ophidiidae, which are found in the Indian and Pacific Oceans. The species in this genus have a rather robust body with the dorsal fin originating over vertebrae 1–5. The head and bod are completely covered in scales, they have large eyes which are almost equal in diameter to the length of snout, the pelvic fins have two rays which are joined together within an area of tough skin, They have a short spine on the operculum which does not extend to the posterior edge of the head. Their coloration is variable but almost all species have black spots or eyespots on the dorsal fin, sometimes both, while the middle part of the anal fin frequently has a black band. The body and/or head are marked with diagonal or horizontal dark stripes or horizontal rows of quite large dusky spots.
The generic name is derived for the common name for the golden cusk in Japanese, sirembo.
Species
There are currently 5 recognized species in this genus, although FishBase only recognizes 3:
* Sirembo amaculata Cohen & J. G. Nielsen, 1982 (Lined cusk)
* Sirembo imberbis Temminck & Schlegel, 1846 (Golden cusk)
* Sirembo jerdoni F. Day, 1888 (Brown-banded cusk-eel)
* Sirembo metachroma Cohen & C. R. Robins, 1986 (Chameleon cusk)
* Sirembo wami J. G. Nielsen, Schwarzhans & Uiblein, 2014
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WIKI
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George J. CARNEY, Plaintiff, v. DEXTER SHOE COMPANY, Defendant.
Civ. A. No. 87-4468.
United States District Court, D. New Jersey.
Dec. 13, 1988.
Jeffrey Campisi, Sharkey & Campisi, Roseland, N.J., for plaintiff.
Carmine A. Iannaccone, Mary Ellen Scheuer and Hannoch Weisman, Roseland, N.J., for defendant.
OPINION
LECHNER, District Judge.
In this action, plaintiff George J. Carney (“Carney”) alleges that the defendant Dexter Shoe Company (“Dexter”) is liable for violating the following in connection with his termination on November 13, 1985: the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 et seq., (First Count of Plaintiffs Complaint); the New Jersey Law Against Discrimination (“NJLAD”), N.J.S.A. 10:5-12(a), (Second Count); the clear mandate of the public policy of the State of New Jersey (Third Count); an implied promise of job security, good faith and fair dealing (Fourth Count); and an express and implied contract of employment (Fifth Count). Carney also alleges that Dexter intentionally inflicted emotional distress upon him (Sixth Count). Carney seeks compensatory and punitive damages.
Now before the court is Dexter’s motion for summary judgment. It is Dexter’s position that Carney was an independent sales representative, not a Dexter employee, and thus his relationship with Dexter is not governed by ADEA or NJLAD and further that the relationship was for an indefinite duration and thus terminable at will by either party.
Facts
Carney is currently sixty years old and has been a resident of New Jersey since 1975. Prior to the termination of the working relationship, Carney had worked for Dexter in various capacities for a period of nineteen and one-half years. In his most recent position, Carney has described himself as a “self-employed representative]” of Dexter (T^l-ig).
Dexter is a corporation chartered in the State of Maine and, according to plaintiff’s Complaint, is a corporation with its principal place of business in the state of Massachusetts. Dexter is engaged in the manufacture and sale of shoes.
Carney joined Dexter in 1966, at age thirty-eight, as an in-stock shoe salesman. His territory included New Jersey and Southern Connecticut. As a shoe salesman at this time, Carney’s compensation was based strictly on commission as a percentage of sales; no salary or bonus was paid. Within a few months, Carney was given a new position with Dexter in Boston where, as an executive salesman, he sold to approximately forty national accounts, including Sears Roebuck and other large department stores. In this position, which Carney held for nine and one-half years until 1975 (when Dexter eliminated the division), he was paid a yearly salary and usually received a bonus. In 1975, Carney reas-sumed his duties as a Dexter salesman responsible for the Northern New Jersey and Long Island territory. Once again, Carney was on a commission only based income.
While Dexter claims Carney was barely getting by in his various positions, Carney claims he was so successful that he took a territory yielding a commission income to his predecessor of $33,000 in 1975 and increased the business to the point where he was earning $100,000 as early as 1980. Carney also alleges that, in addition to his work as a salesman, he made other contributions as well, most notably in the research and design area. Over ten years ago, Carney alleges he helped develop the “Suburban,” a particularly well-selling shoe line for Dexter. It is not clear whether Carney received any compensation for such work over and above the extent to which he was paid commissions as a salesman.
As an in-stock salesman, Carney was free to terminate his employment with Dexter at any time although he stated he would have to give up certain earned commissions (T2:28-10 to 28-14). Carney was free to establish his own work agenda and to visit accounts as he saw fit; Dexter did not require Carney to work any specific hours during the day or to make any minimum number of customer calls per day (T2:7-21). Carney was not provided with an office nor was he reimbursed for the costs incurred in furnishing or staffing one (T2:12-22 to 13-33). Carney received no schooling, training or formal direction from Dexter on how to sell their products (T:19-25 to 20-11).
Carney was not provided with a company car, nor was he reimbursed for travel or other related expenses; he fully funded all of his expenses (T:39-23 to 40-4; T2:5 — 15); Carney received no reimbursement for attending annual sales meetings (T2:5-15). Carney paid all of the travel and entertainment expenses which he incurred doing Dexter related business (T:40-6).
Dexter did not provide Carney with any financial benefits such as a pension, insurance or profit sharing (T2:5-7 to 5-18); Carney did not receive sick pay or paid vacations (T2:8-7); Carney was responsible for paying his own social security and income tax; Dexter did not automatically compute and withhold any amount for any purpose (T2:6-2 to 7-2).
Carney states, however, that Dexter exercised significant control over his activities. For example, Dexter precluded Carney from selling products other than those manufactured by Dexter. (Carney Affidavit at 114; T2:13-25). During his years doing in-stock sales work, Carney reported to Dexter headquarters almost daily by phone (although he set his own daily agenda) and was required to submit in writing weekly reports on forms provided by Dexter. (Carney Affidavit at ¶ 5; T2:22-4 to 24-20). In addition, Carney was subject to various other guidelines (most of which were procedural) set forth in the Dexter Sales Manual. (Carney Affidavit at 115).
Dexter exercised control over the types of shoes which Carney could sell, the delivery dates for shipping supplies to customers and the timing of when Carney could open new accounts. (Carney Affidavit at 116; T2:18-20 to 21-24; T2:103-l to 106-3). As evidence of the extent to which he was dependent upon Dexter for income, Carney claims he was restricted from engaging in other enterprises and was precluded (under the terms of Dexter’s Sales Manual) from selling Dexter shoes other than to customers who met certain Dexter criteria, such as minimum purchase amounts of fifty pairs of shoes. Carney does not claim there was an unreasonably limited number of potential customers to whom he could make sales calls.
As a Dexter salesman, Carney claims he was prevented from taking vacations except during short periods of time when the selling season was over, (Carney Affidavit 116; T2:8-9), however, it was not necessary that Carney receive prior approval from Dexter prior to taking a vacation. (T2:8-17 to 9-23). Carney was also required to contribute monthly expenses of between $100 to $250 for use of a showroom which he had little opportunity to use. Twice a year Dexter would provide Carney with a performance analysis, which he would discuss with one or two Dexter sales managers. (Carney Affidavit 117; T:77-80).
Despite what he regards as the exercise of such control over his sales activities, or perhaps because of it, Carney felt a personal attachment to Dexter and thought Dexter felt similarly. At one point, Carney claims he passed up an opportunity to become a partial owner in an import firm, having been led to believe by Dexter that his future was secure there. (T:56-19 to 69-8; T2:25-23 to 31-3). Carney claims that he was led to believe throughout the course of his “employment” that, so long as he continued to use his best efforts as a salesman, he would have a job for life at Dexter. (Carney Affidavit ¶ 8).
Beginning in early 1984, Carney began to notice that new, younger salesmen were replacing the older salesmen at Dexter. At one point Carney was told by his former “boss” that Dexter management believed in the mid-80s that much of the Dexter sales staff was too old to relate to the younger buyers in the marketplace. (Carney Affidavit 119). On or about November 13, 1985, Carney was notified his relationship with Dexter was then terminated, effective immediately. In Carney’s words: “I was advised by Stan Kieon, National Sales Manager for Dexter, that Dexter was not happy with me and that he had to fire me. No valid reason was given for my discharge.” (Complaint filed with E.E. O.C.)
Since Carney was terminated, he claims he has been unable to enjoy a normal night’s sleep. He developed persistent stys in both eyes which he associates with the termination. He also suffers from embarrassment, social difficulties and emotional outbursts related to his firing. Finally, his marital relations have suffered to the extent that his wife would like to see him seek professional help. (Carney Affidavit If 11; T3.-28-8 to 38-2).
After conducting discovery, Dexter moves for summary judgment on all federal and state law claims. Dexter argues it is entitled to summary judgment because, as set forth above, (1) Carney was an independent sales representative and not an employee of Dexter's and thus his relationship with Dexter is not governed by ADEA or NJLAD and (2) the relationship was for an indefinite duration and thus terminable at will by either party.
Discussion
A. Summary Judgment Standard
To prevail on a motion for summary judgment, the moving party must establish “there is no genuine issue as to any material fact and that [it] is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). The district court’s task in deciding the motion is not to “determine the truth of the matter but to determine whether there is a genuine [factual] issue” which can only be properly resolved by a trier of fact. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50, 106 S.Ct. 2505, 2510-11, 91 L.Ed.2d 202 (1986). All evidence submitted must be viewed in a light most favorable to the party opposing the motion. See Matsushita Elec. Industrial Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986).
Although the summary judgment hurdle is a difficult one to overcome, it is by no means insurmountable. As the Supreme Court has stated, once the party seeking summary judgment has pointed out to the court the absence of a fact issue,
its opponent must do more than simply show that there is some metaphysical doubt as to the material facts. ... In the language of the Rule, the non-moving party must come forward with ‘specific facts showing that there is a genuine issue for trial.’ ... Where the record taken as a whole could not lead a rational trier of fact to find for the non-moving party, there is no ‘genuine issue for trial.’
Matsushita, 475 U.S. at 586-87, 106 S.Ct. at 1355-56 (emphasis in original, citations and footnotes omitted).
The Court elaborated in Anderson v. Liberty Lobby, Inc., 477 U.S. at 249-50, 106 S.Ct. at 2510-11 (citations omitted): “If the evidence [submitted by a party opposing summary judgment] is merely colorable ... or is not significantly probative ... summary judgment may be granted.” The Supreme Court went on to note in Celotex Corp. v. Catrett, 477 U.S. 317, 323-24, 106 S.Ct. 2548, 2553-54, 91 L.Ed.2d 265 (1986) (footnote omitted): “One of the principal purposes of the summary judgment rule is to isolate and dispose of factually unsupported claims or defenses, and we think it should be interpreted in a way that allows it to accomplish this purpose.” Thus, once a case has been made in support of summary judgment, the party opposing the motion has the affirmative burden of coming forward with specific facts evidencing a need for trial. See Fed.R.Civ.P. 56(e).
B. Federal Age Discrimination Claim
ADEA makes it unlawful for an employer
to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions or priv-leges or employment because of such individual’s age....
29 U.S.C. § 623(a)(1). The proscription against age-based employment discrimination protects individuals who are forty years of age or older. 29 U.S.C. § 631(a).
It is well settled that in order for a plaintiff to prevail under ADEA it must first be established that he was an employee, or prospective employee, of the defendant. It was not the legislative intent of Congress to redress discrimination against independent contractors under ADEA. See E.E.O.C. v. Zippo Mfg. Co., 713 F.2d 32, 35 (3d Cir.1983); Dake v. Mutual of Omaha, 600 F.Supp. 63, 64 (N.D.Ohio 1984). Thus, the sole issue raised by Dexter’s summary judgment motion, as it concerns Carney’s claim under Section 623(a)(1) of ADEA, is whether Carney was an employee of Dexter, or merely an independent contractor, at the time the working relationship was terminated.
The Third Circuit’s decision in Zippo is directly on point. It was recognized in Zippo that, an examination of federal cases construing the varied federal statutes reveals the absence of a concept of employee status which fits within all common law and statutory definitions. 713 F.2d at 36. After an examination of the histories of the respective employment tests and their application, the court determined that the hybrid standard, which combines the common law “right to control” with the “economic realities”, as applied in Title VII cases, is the appropriate test in ADEA cases. The court reasoned that because the ADEA’s substantive prohibitions were derived directly from those under Title VII, and because the determination of employee status is a question relating to substantive prohibitions, the established Title VII hybrid test was intended to apply to the ADEA. Zippo, 713 F.2d at 38.
In Zippo, the court drew on authority from other circuits and adopted “a hybrid approach which looks at the economic realities of the situation but focuses on the employer’s right to control the ‘employee’ as the most important factor in determining employee status.” Id. 713 F.2d at 37. The extent of the employer’s right to control the “means and manner” of the worker’s performance is the most important factor among the various factors that a court must consider under this hybrid standard. Id. (citation omitted). Other factors which enter into a determination of employee status under this hybrid standard are:
(1) the kind of occupation, with reference to whether the work usually is done under the direction of a supervisor or is done by a specialist without supervision; (2) the skill required in the particular occupation; (3) whether the ‘employer’ or the individual in question furnishes the equipment used and the place of work; (4) the length of time during which the individual has worked; (5) the method of payment, whether by time or by the job; (6) the manner in which the work relationship is terminated; i.e., by one or both parties, with or without notice and explanation; (7) whether annual leave is afforded; (8) whether the work is an integral part of the business of the ‘employer’; (9) whether the worker accumulates retirement benefits; (10) whether the ‘employer’ pays social security taxes; and (11) the intention of the parties.
Id. (citations omitted).
It is not necessary for Dexter in order to prevail to demonstrate each of the foregoing factors weighs in favor of “non-employee” status. In Zippo the court held that, even if the length of time the plaintiffs worked as district managers for Zippo points toward their status of employees, and even if appellants were required to sell only Zippo products and were economically dependent on the income they earned at Zippo, “these factors are not sufficient to establish that they were employees when balanced against the other factors that tend to establish their status as independent contractors.” (emphasis added) Id. at 38. The court concluded appellants were independent contractors even under the more liberal “economic realities” standard as applied in FLSA cases. Id.; see Hickey v. Arkla Industries, Inc., 699 F.2d 748 (5th Cir.1983).
Where there exist several indicia of employee status, the mere presence or absence of two or three of them — without a reasoned balancing of the above factors— cannot dictate the outcome of a summary judgment motion. Fed.R.Civ.P. 56 and case law require that a genuine issue exist concerning material facts to prevent the granting of summary judgment. Matsushita, supra, 475 U.S. at 586-87, 106 S.Ct. at 1355-56. In granting the defendants’ motion despite the existence of some factors pointing to an employment relationship, Zippo explained that the need for materiality inheres in the purpose of resolving disputes by summary judgment: “to eliminate a trial in such cases where a trial is unnecessary and results in delay and expense.” 713 F.2d at 35 (citing Tomalewski v. State Farm Life Insurance Company, 494 F.2d 882, 884 (3d Cir.1974).)
Although there are not many examples of Third Circuit precedent applying the above quoted hybrid test of employee status, the following passage from Zippo is helpful in assessing the weight of the factors as they concern Carney:
[Ajppellants would be considered independent contractors for ADEA purposes. Zippo exercised virtually no control over the means and manner of appellants’ sales practices. Although the district court found that Zippo kept track of appellants’ sales, it correctly concluded that this monitoring did not amount to supervision over appellants’ work performance. Indeed, appellants had the independence to establish their own business organizations, hire employees and contact any customers within their territories. They were not required to account to Zippo for their daily activities. Appellants were clearly skilled workers who had the right, along with Zippo, to terminate their relationship as Zippo’s DMs without explanation on thirty days notice.
Moreover, DMs were paid a commission as a percent of sales rather than a salary. Thus, their potential for profit or loss was primarily a product of their own initiative and was within their control. Similarly, they furnished their own equipment and places of work and absorbed all of the expenses incurred in their sales efforts. They received no paid annual leave; they accumulated no retirement benefits, and they paid their own social security taxes.
713 F.2d at 38.
Before applying the foregoing test of employee status to Carney, it is interesting to note that Carney, in his depositions, described himself as a “self-employed representative]” of Dexter. [T:21 — 19]. Turning to the most important factor in the test, the extent to which Dexter controlled and supervised the means and manner of Carney’s performance, while it is recognized that Dexter exercised some forms of control, it cannot be said that it significantly controlled means and manner of Carney’s work. Carney claims that he reported to Dexter almost every day and that he was required to submit weekly reports on forms provided by Dexter. Under Zippo, the mere monitoring of an independent contractor does not constitute the exercise of control. Carney has not claimed that he was required by Dexter to work any specific hours during the day, or to make any minimum number of customer calls per day. Furthermore, Dexter has a legitimate interest (unrelated to that of exercising authority over its “employees”) in keeping up to date on the demand for its shoes so that it plan its manufacturing schedules accordingly.
Carney also claims that Dexter controlled him inasmuch as it restricted the kinds of shoes he could sell, and on what schedules. As indicated above, the plaintiff in Zippo was required to sell Zippo products exclusively. In addition, Dexter has an important interest — as do all manufacturers distributing their products through independent dealers — in regulating the schedules for delivery: a company cannot allow independent salesmen to make delivery commitments to retailers without regard to the company’s ability to meet the demand. In short, the fact that Dexter required weekly reports of, and regulated the distribution of shoes through, its salesmen points to a company that administers its affairs carefully through the monitoring of salesmen, rather than to the existence of an employer/employee relationship.
Further on the issue of control, Carney claims that he could only take vacations during the slow season and that he was reviewed twice a year by Dexter officials. While relevant, these facts do not rise to the level of control of the ‘means and manner' of Carney’s work efforts such that an employment relationship was established. Carney appears to have been free to set his daily schedule as he saw fit, so long as the customers he visited had certain characteristics (i.e., purchased at least fifty pairs of shoes) making them eligible Dexter customers. Compare Golden v. A.P. Orleans, Inc., 681 F.Supp. 1100 (E.D.Pa.1988) (employer exercised abundance of control over daily activities; hours set by company, weekly sales meetings and seminars with company managers, oral and written reports of activities to be prepared daily, and compliance with periodic performance procedures required).
Even if it is concluded Dexter employed significant control over Carney, this is not enough to result in employee status. Zippo, supra, 713 F.2d at 38. Looking to the other factors articulated by Zippo, most of which go to the economic realities of the relationship, it appears clear Carney was not treated as a Dexter employee. He received as compensation for being a Dexter salesman, a straight five percent commission; he did not receive a yearly salary, a bonus, profit sharing, incentive pay or any other form of compensation; traditional employment benefits such as life insurance, health insurance and retirement plans were not made available to him; he was responsible for his own transportation; he was not provided with a company car, nor reimbursed for gas, mileage or wear and tear; Carney received no reimbursement for attending annual sales meetings; taxes were not withheld from his monthly commission check; Carney was liable for his own income tax payment and social security tax.
Carney testified he had use of a Dexter showroom in Manhattan for which he had to contribute a monthly fee. He also had an office in his home which operated and was furnished at his expense. He paid for the printing of his own business cards. He paid all of the travel and entertainment expenses which he incurred as a result of Dexter related business. No formal training or education was offered to Carney. In sum, as a matter of law, Carney was an independent contractor. Accordingly, the Dexter motion for summary judgment on the ADEA claim is granted.
C. New Jersey Age Discrimination and Common Law Claims
Having granted Dexter’s motion for summary judgment as to the ADEA claim, the requested dismissal of the state law claims for lack of subject matter jurisdiction will be addressed.
Where there exists no federal claim as a matter of law, the rationale for exercising pendent jurisdiction over state law claims generally does not apply. United Mine Workers of America v. Gibbs, 383 U.S. 715, 726, 86 S.Ct. 1130, 1139, 16 L.Ed. 2d 218 (1966). While, for the reasons set for the below, it is perhaps understandable why Dexter has not argued this as an additional basis for granting its motion as to the state law claims, federal courts, sua sponte, should dismiss claims where subject matter jurisdiction is lacking. Cameron v. Hodges, 127 U.S. 322, 8 S.Ct. 1154, 32 L.Ed. 132 (1888); Randazzo v. Eagle-Picher Industries, Inc., 117 F.R.D. 557, 558 (E.D.Pa.1987).
Although Carney has failed to allege in his complaint sufficient facts to support diversity jurisdiction, it appears from what is stated in Dexter’s brief that such a basis for federal jurisdiction may exist. Presumably Dexter has refrained from raising the issue of the defect in Carney’s complaint because it wishes to forego the formality of having Carney refile an amended complaint. Nonetheless, I note the defect and read the pleading requirements for diversity jurisdiction strictly. A plaintiff must clearly allege on the face of the complaint facts which demonstrate complete diversity and an amount in controversy of at least $10,000. Fed.R.Civ.P. 8(a)(1); Randazzo, supra, 117 F.R.D. at 558.
Although Carney states that jurisdiction is based upon the existence of both a federal question and diversity, he has failed to indicate what states Dexter is a resident of for diversity purposes. Corporations are residents in their state of incorporation and in the state which is their principal place of business. 28 U.S.C. § 1332(c). Although the complaint alleges that Dexter’s principal place of business is in Massachusetts, complete diversity is not assured unless it is alleged that Dexter is incorporated in a state other than New Jersey, the state where Carney is a resident. Moreover, Carney has failed to allege any facts which satisfy the amount in controversy test, a necessary predicate to jurisdiction if the ADEA claim is dismissed.
Noting the foregoing pleading defects, however, and in light of the fact that it appears from other sources that the pleading requirements could probably be met in an amended complaint, I do not base my decision to grant Dexter’s motion for summary judgment as to the state law claims solely on jurisdictional grounds. Accordingly, I have addressed below each of the state law claims individually.
New Jersey has enacted a statute which parallels closely the ADEA. In the Second Count of Carney’s Complaint Carney claims that N.J.S.A. 10:5-12 was violated. That section, in pertinent part, provides:
It shall be an unlawful employment practice, or, as the case may be, an unlawful discrimination:
a. For an employer, because of the race, creed, color, national origin, ancestry, age, marital status, sex or atypical hereditary cellular of blood trait of any indivudal, or because of the liability for service in the Armed Forces of the United States or the nationality of any individual, to refuse to hire or employ or to bar or to discharge or require to retire, unless justified by lawful considerations other than age, from employment such indiviudal or to discriminate against such individual in compensation or in terms, conditions or privileges of employment, ..
N.J.S.A. 10:5-12.
As in the case of the ADEA claim, Dexter argues that Carney cannot recover under this New Jersey statute because he was not an employee of Dexter. Looking to certain language in the statute—“be- cause of the ... age ... of any individu- al”—Carney argues that, unlike ADEA, the scope of NJLAD is not restricted to employees. It is noted that “individual” is the same term used in ADEA. While Car- ney emphasizes the inability of Dexter to provide any New Jersey authority to the effect that the term “individuals” in Sec- tion 10:5-12(a) does not cover independent contractors, Carney seems unable to pro- vide any authority of his own. A search Act (“ADEA”), 29 U.S.C. for a case construing this statute from the above point of view has been unavailing.
The words of the statute itself must be examined, expecially in the absence of New Jersey or other case law on the issue. The statute states that, “it shall be an unlawful employment practice ... (a) for an employer, ... to [commit the various act].” Because the proscriptions apply to an “employer,” — as they do under the terms of ADEA — it is inescapable that the “individual” on the receiving end of the employer’s conduct must be an employee or prospective employee in order for the statute to apply.
There is no reason to read the statute other than in this common sense way. In addition, Dexter correctly points out that “it is a matter of common knowledge that the NJLAD was patterned after its New York parallel.” See N.J.S.A. 10:5-1, Comments to note 2, p. 381, citing Atty. Gen. F.O. 1941, No. 17. With this in mind, and because the scope of the statute’s coverage is so fundamental, Dexter’s citation to Engel v. Calgon Corp., 114 A.D.2d 108, 498 N.Y.S.2d 877 (1986), aff'd, 69 N.Y.2d 753, 512 N.Y.S.2d 801, 505 N.E.2d 244 (1987) (holding that New York Human rights Law, the parallel to NJLAD, does not cover a salesman because he was an independent contractor and not an employee) is persuasive. On the issue of whether Carney can be considered an employee under the New Jersey statute, it is reiterated that there is no reported case on this point. Because Carney is not considered an employee even under federal standards which are considered liberal, Zippo, supra, 713 F.2d at 38 (citing Hickey), it does not make sense to reach on a contrary result under NJLAD. Because he was not an employee, Carney’s claim under NJLAD fails as a matter of law.
Carney then claims that Dexter breached either express or implied contracts of continued employment, an implied promise of job security, good faith and fair dealing, and the clear mandate of New Jersey policy (Counts Three, Four and Five). These claims, however, even after viewing all of the evidence in a light most favorable to Carney, fail as a matter of law. I am not aware of any New Jersey case holding that independent contractors are entitled to such protections. In New Jersey, it is employees who are protected from the tortious acts of their employer in wrongfully or improperly terminating them. See Woolley v. Hoffman-LaRoche, Inc., 99 N.J. 284, 491 A.2d 1257 (1984), modified, 101 N.J. 10, 499 A.2d 515 (1985); Shebar v. Sanyo Business Systems, 218 N.J. Super. 111, 526 A.2d 1144 (App.Div.1987), aff'd, 111 N.J. 276, 544 A.2d 377 (1988); McQuitty v. General Dynamics Corp., 204 N.J.Super. 514, 499 A.2d 526 (App.Div.1985). Even if Carney were deemed to be an employee, however, the facts indicate that he was employed at will; as discussed below, no express or implied contract of employment existed.
As far as an express contract of employment is concerned, when asked whether any express contract of employment existed between him and Dexter, Carney testified: “I never had any form. In fact, I never even signed an employment contract that I know of.” (T:8-10 to 8-12).
When no express contract of employment exists, plaintiff has the burden of proving that the employment relationship was not “at-will” by offering convincing examples of Dexter’s written or oral expressions of its general policy of non-termination except for cause. Shebar v. Sanyo Business Systems, supra, 218 N.J.Super. at 120-121, 526 A.2d 1144 (extending Woolley rule of implied promise contained in employee manuel to implied promise based on employer’s general policy, however expressed). Carney’s testimony concerning the existence of an implied employment contract was as follows:
Q. Did Dexter or any of its employees ever imply to you that you would not be terminated except for cause?
******
A. A conversation was never held to the effect that unless there is a good cause, you know, we’ll only fire you for cause. That’s a kind of conversation I’ve never heard of in business. You do the right thing and-do you understand what I'm saying?
[T3:41-18 to 42-25]. A long term employment commitment is only enforceable if there is proof of a precise agreement and the long term commitment is supported by consideration from the employee in addition to the employee’s continued work. See Brunner v. Abex Corp., 661 F.Supp. 1351, 1356 (D.N.J.1986) (citing to Woolley v. Hoffman-LaRoche, 99 N.J. 284, 293, 491 A.2d 1257 modified, 101 N.J. 10, 499 A.2d 515 (1985)).
Nothing in the record demonstrates an implied contract of continued employment. Carney did state, without providing any basis, that he was led to believe that, so long as he continued to use his best efforts, he would have a secure future at Dexter. Whatever led Carney to believe this, other than perhaps a comfortable working environment, it was apparently not based upon representations made by Dexter employees, if Carney’s above deposition testimony is accurate.
Carney’s unexplained belief that he would have a secure future at Dexter cannot preclude Dexter from summary judgment on this issue. Merrill Dow, supra. Although Shebar has expanded the ways in which a company can be held to have communicated an expectation of continued employment to its employees, it has not eliminated the need, articulated in Brunner, to show clear and convincing proof of a precise agreement. 661 F.Supp. at 1356. There is no evidence of implied employment contract in this case, whether contained in an employment manuel or communicated orally in a clear and convincing manner.
In the Fourth Count of the complaint Carney also alleges the contractual relationship between him and Dexter implied a promise on the part of Dexter of job security, good faith and fair dealing, and that by terminating him Dexter violated those covenants. These claims regarding good faith and fair dealing are quickly dismissed. Again, there did not exist any contractual relationship between Carney and Dexter. The Appellate Division of the Superior Court of New Jersey appears to have rejected the proposition that there is an implied covenant of good faith and fair dealing between an employer and an employee in an at-will situation. McQuitty v. General Dynamics Corp., supra, 204 N.J.Super. 514, 499 A.2d 526. See also Brunner v. Abex Corp., supra, 661 F.Supp. at 1356.
Carney also claims that Dexter’s conduct in terminating him constituted an abusive discharge contrary to the clear mandate of the public policy of the state of New Jersey. Pierce v. Ortho Pharmaceutical Corp., 84 N.J. 58, 72, 417 A.2d 505 (1980), establishes that an at-will employee working without a contract may not be discharged for failing “to perform an act that would require a violation of a clear mandate of public policy.” Significantly, however, the Supreme Court emphasized that “unless an employee at-will identifies a specific expression of public policy, he may be discharged with or without cause.” Id. As the court noted in Brunner, Pierce should not be viewed as a back door for gaining more protection than otherwise available to an at-will employee. 661 F.Supp. at 1357. Because Dexter’s decision to terminate Carney had nothing to do with his acting pursuant to a clear mandate of public policy, this claim fails as a matter of law.
Finally, Carney claims in Count Six that Dexter’s actions constitute intentional infliction of emotional distress. This tort was first recognized in New Jersey as an independent cause of action in Hume v. Bayer, 178 N.J.Super. 310, 428 A.2d 966 (Law Div.1981). In Hume, the defendant doctor had examined the plaintiffs’ son. In determining whether the conduct in that case constituted an intention infliction of distress, the court recognized that:
In those states where the tort has been recognized it is “generally agreed that the conduct must be so extreme and outrageous” as to go beyond all possible bounds of decency, and be regarded as atrocious and utterly intolerable in a civilized community.
Id. at 314, 428 A.2d 966. See Brunner v. Abex Corp., supra, 661 F.Supp. at 1359 (discussing the evolution of the tort of intentional infliction of emotional distress and rejecting its applicability in the context of employee discharge case).
In establishing a cause of action for intentional infliction of emotional harm, the court in Hume relied on Prosser, Law of Torts (4th ed. 1971) for guidance:
Prosser cites a variety of cases from a number of jurisdictions which not only recognize the tort but also provide illuminating examples of the type of conduct considered sufficiently outrageous and extreme to justify recovery. Examples include spreading a false rumor that plaintiff’s son had hung himself; bringing a mob to plaintiff’s door with a threat to lynch him if he did not leave town; and wrapping up a gory dead rat inside of a loaf of bread for a sensitive person to open.
178 N.J.Super. at 315, 428 A.2d 966, citing to Prosser, § 12 at 50.
In this case there is a complete absence of any facts which could be considered “extreme and outrageous” when compared to the foregoing examples. Although Dexter does not appear to have provided any security for Carney, and has not assisted him, at age sixty, in locating another position, its decision to terminate Carney does not rise to the level necessary to state a claim for intentional infliction of emotional harm. Even if Carney, an independent contractor, has in fact suffered certain side effects from the termination, the conduct of Dexter, involving a basis business decision, was not so “extreme and outrageous” in the sense that it could have expected to inflict such emotional harm upon Carney. See Zamboni v. Stamler, 847 F.2d 73, 80 (3d Cir.1988).
Conclusion
Carney has failed to establish a prima facie case of age discrimination under either ADEA or NJLAD. In addition, his other state law claims fail as a matter of law. Consequently, summary judgment is granted in favor of Dexter on all counts of the Complaint. This action is dismissed with prejudice.
. "T-" refers to transcript of the deposition testimony of George Carney, dated April 8, 1988. “T2-” refers to transcript of deposition testimony of George Carney, dated April 22, 1988. "T3-” refers to transcript of deposition testimony of George Carney, dated May 6, 1988.
. As discussed further below in connection with the jurisdiction of this court to hear Carney’s state law claims, it has not been alleged in the Complaint where Dexter is incorporated. This fact has been gleaned from Dexter’s brief. Nor does the Complaint in the jurisdictional section state that relief in excess of $10,000 is sought.
. The ADEA previously protected only individuals who were at least forty years of age but less than seventy years of age. In 1986, the statute was amended to remove the age ceiling of seventy. Pub.L. 99-592 § 2(c)(1).
. The jurisdictional section of Carney's complaint reads as follows:
1. Plaintiff Carney is a resident of the Township of Sparta, State of New Jersey.
2. Defendant Dexter Shoe Company (“Dexter Shoe") is a corporation doing business in the State of New Jersey with a principal place of business at 1230 Washington Street, West Newton, Massachusetts. Defendant Dexter Shoe is engaged, inter alia, in the business of the manufacture and marketing of shoes and other footwear products.
3. This action arises under the provisions of the Age Discrimination and Employment § 621 et seq., and the rules and regulations adopted and promul- gated thereunder. Jurisdiction of this action is conferred on this Court by Section 7(b) of the ADEA, 29 U.S.C. § 626(b), and by the -doctrine of pendent jurisdiction. Jurisdiction is also conferred pursuant to diversity juris- diction under 28 U.S.C. § 1332(a).
. Dexter indicated inits moving papers that the company is incorporated in Maine. is incorporated in Maine.
. Even if certain Dexter employees had given Carney that impression, the oral statement of policy by his superiors is probative only if plaintiff is able to prove at trial that their statements constituted an accurate representation of policy which they were authorized to make. Shebar, supra, 218 N.J.Super. at 121, 526 A.2d 1144. It is important to note that there are situations in which sworn testimony can properly be corrected by a subsequent affidavit. Where the witness was confused at the earlier deposition or for some other reason misspoke, the subsequent correcting or clarifying affidavit may be sufficient to create a material dispute of fact. This rule does not apply here, however, where Carney was carefully questioned on the issue, had access to the relevant information at that time, and provided no satisfactory explanation for the apparent-albeit slight-contradiction. Any ambiguity here does not create a genuine issue of material fact. Martin v. Merrill Dow Pharmaceuticals, Inc., 851 F.2d 703 (3d Cir.1988).
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CASELAW
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Furman Street Line
The Furman Street Line was a street railway line in Brooklyn, New York City, United States, running along Furman Street from Cobble Hill to Fulton Ferry.
History
When the Brooklyn City Rail Road was granted franchises in 1853, one of them was through Furman Street from Atlantic Avenue north to Fulton Ferry. The City Railroad did not begin construction until late 1859; it was claimed by one side that this was only done after the Brooklyn Central and Jamaica Railroad threatened (and later received permission) to build it, and by the other side that the City Railroad had delayed until it was clear that the Central Railroad would stop using steam propulsion to South Ferry (which happened September 30, 1861). The line was opened by June 1860, and the Central Railroad also used it from their track on Atlantic Avenue, but only until September.
In October, the Board of Aldermen decided that neither company had the right to use the tracks, since the City Railroad had been given a completion deadline of December 1, 1857, and that if the two companies did not come to an agreement within five days, the Central Railroad would have the right to operate trains in Furman Street. The City Railroad continued to operate A compromise was finally agreed to in late February 1861, in which the City Railroad would allow the Central Railroad to use the Furman Street Line, and the Central Railroad would allow the City Railroad to cross it at Furman Street and Atlantic Avenue.
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WIKI
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Talk:Missionary Church of the Disciples of Jesus Christ
Research
Initially, observation of their activities in California. Then, following it up with some web searches. knoodelhed 19:10, 7 August 2006 (UTC)
DJC website
Interesting that there is no security on the sect's donation page. knoodelhed 19:10, 7 August 2006 (UTC)
Kashrut?
What does Members are required to keep Kashrut laws mean? That they don't eat food without Kosher certification? Separate milchig and fleishig dishes? Or is it simply that they don't eat pork and shellfish, a la SDA Church? I think kashrut is probably the wrong term here, but it would be nice to source this statement. Peter Chastain [¡hablá!] 07:04, 4 April 2021 (UTC)
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WIKI
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Alibaba Group Holding Ltd (BABA) Stock Is China’s Digital Dynasty
InvestorPlace - Stock Market News, Stock Advice & Trading Tips
Alibaba Group Holding Ltd (NYSE: BABA ) shares had been going sideways for weeks amid much bigger moves by the likes of Alphabet Inc (NASDAQ: GOOGL ) and Facebook Inc (NASDAQ: FB ). That's OK, though, because BABA stock is having its day today.
Source: Charles Chan Via Flickr
Alibaba shares are up 11% today on a stunningly bold statement from an investor event. The company forecasts revenue growth of 45% to 49% in the current fiscal year (2018), which crushed analyst estimates and sent the stock to roughly 60% gains for the year-to-date.
BABA had its cooling-off period. Now it's time for the bull to run.
The Bull Case for Alibaba Is Building
The projections are outstanding, of course. Those figures blew away expectations for 31% revenue growth, for one. And Alibaba's projections aren't just based on growth in e-commerce, but also other blossoming businesses such as its cloud operations.
10 Best Cheap Stocks to Buy Now Under $10
It's not just the most recent projections, either. It's the concrete evidence from the latest earnings report that has me optimistic about the future potential of BABA stock.
Revenues spiked by 60% to $5.6 billion and the adjusted EBITDA came to $2.4 billion. The company continues to get traction with key metrics, as the number of active buyers on the retail marketplaces increased by 11% to 454 million and mobile monthly active users (MAUs) rose 14% to 507 million.
And again, Alibaba is so much more than e-commerce.
Over the years, the company has leveraged its digital platform to capitalize on other growth markets, such as the following:
Cloud Computing: Based on research from IDC, BABA is the largest cloud provider in China. And yes, the lead continues to widen. In the latest quarter, the cloud computing business saw a 103% jump in revenues to $314 million and the number of paying customers went from 765,000 to 874,000 (on a quarter-over-quarter basis). A key has been a focus on innovation, as BABA added 152 new products to its platform during this period.
Digital Media: Revenue for this category soared by 234% to $571 million. After all, BABA has some inherent advantages, such as with the powerful leverage of the e-commerce and affiliate payment businesses. The company also is benefiting from its Youku Tudou video streaming service.
Another critical driver has been savvy dealmaking that has propelled growth. As InvestorPlace.com's Will Ashworth has written, the company has made billions from stakes in operators like Weibo Corp(ADR) (NASDAQ: WB ) and Momo Inc (ADR) (NASDAQ: MOMO ).
Bottom Line on Alibaba Stock
Alibaba's pronouncement painted a picture of China's growth so strong that other Chinese tech stocks such as JD.com Inc(ADR) (NASDAQ: JD ) and Tencent Holdings Ltd (OTCMKTS: TCEHY ) were lifted right along with BABA. The broad belief is that a macro wind is blowing, and right at Alibaba's back.
That's true, but that's not all.
But in the earnings call for Alibaba, CEO Joseph Tsai set forth compelling arguments for the long-term opportunities for the company, specficially. He noted :
"On China macro, there is an important secular trend underway. Chinese consumers are driving the shift of the Chinese economy from an export and investment led to a consumption led economy."
He backed this up by pointing out the strong gains in per capita income, which has gone from $870 in 1999 (when Alibaba was launched) to $8,000 now. There has also been a substantial increase in China's wealth, with household holdings at roughly $4 trillion in net cash.
How Pandora Media Inc (P) Stock Can Turn Headlines Into Cash
According to Tsai:
"So consumption is moving up the higher key of economic needs, in other words people are spending more on discretionary goods and services. We believe the growth of per capita GDP in China will continue for years to come and eventually approach advanced economy such as the United States where GDP per capita is over US$50,000."
This is definitely a powerful vision. And it is also key that the company has dominant positions in the megatrends.
In other words, for those investors looking for a growth play on China, BABA stock remains a pretty good choice.
Tom Taulli runs the InvestorPlace blog IPO Playbook and is the author of various books, including All About Commodities , All About Short Selling and High-Profit IPO Strategies . Follow him on Twitter at @ttaulli . As of this writing, he did not hold a position in any of the aforementioned securities.
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The post Alibaba Group Holding Ltd (BABA) Stock Is China's Digital Dynasty appeared first on InvestorPlace .
The views and opinions expressed herein are the views and opinions of the author and do not necessarily reflect those of Nasdaq, Inc.
The views and opinions expressed herein are the views and opinions of the author and do not necessarily reflect those of Nasdaq, Inc.
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NEWS-MULTISOURCE
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The Staple of News
The Staple of News is an early Caroline era play, a satire by Ben Jonson. The play was first performed in late 1625 by the King's Men at the Blackfriars Theatre, and first published in 1631.
Publication
The Staple of News was entered into the Stationers' Register in Feb. 1626, but was not published till five years later. Like The Devil is an Ass, The Staple of News was intended to be part of the second folio collection of Jonson's works that was being readied for publication in 1630, as a follow-up to the first collection in 1616. The project was abandoned, apparently because Jonson grew dissatisfied with the quality of the printing (done by John Beale). The Staple of News, again like Devil is an Ass, was published separately in 1631 in folio format from the existing typesetting, by the bookseller Robert Allot – though it is unclear whether this was ever a commercial publication, or whether Jonson privately distributed copies of the play among friends, acquaintances, and admirers. The play next appeared in print in 1640, in the Volume 2 of the second folio of Jonson's works.
Content
Among the late comedies that some critics have dismissed as Jonson's "dotages," The Staple of News has often been regarded as "the most admirable of Jonson's later works." It has attracted scholarly attention for its satire on the newspaper and news agency business that was a recent and rapidly evolving innovation in Jonson's era. The first semi-regular news serials in English (then called "corantos"), printed in the Netherlands, had appeared in 1620 in response to the start of the Thirty Years' War; over the next year London publication of English translations of foreign-news pamphlets increased; and in 1622 Nathaniel Butter formed syndicate for supplying and printing news serials in English. In Jonson's play, the News Staple is a parody of these developments. Jonson may have had a political motive for his satire: the new business in news concentrated on war news from Europe, which fed the popular urge for England's involvement on the Protestant side of the conflict. Jonson is thought to have sympathised with King James's strong reluctance to become involved in a European war.
The play, however, is more than a simple and direct satire on the incipient newspaper business, a sort of 1620s anticipation of The Front Page. The News-Staple material comprises only a few scenes in the play as a whole. The main plot, about the Pennyboy family and Lady Pecunia, is a satire on the emerging ethic of capitalism; and the play features a complex threefold satire on abuses of language, in the News Staple, the society of jeerers, and the project for a Canting College. The play also provides an expression of the females-out-of-control theme that is so central and recurrent in Jonson's plays, from the Ladies Collegiate in Epicene (1609) to the three bad servants in The Magnetic Lady (1632).
Synopsis
The play begins with the entrance of the actor who speaks the Prologue — quickly followed by four audience members seeking seating on the stage. (The practice of selling seats on the periphery of the stages in the private theatres of the era is exploited for commentary and comedy in a variety of plays, from Beaumont's The Knight of the Burning Pestle (1607) to Jonson's Magnetic Lady.) In this case the four are the Gossips Mirth, Tattle, Expectation, and Censure. They interrupt the Prologue with their comments, and continue this through the four entr'actes that Jonson calls "Intermeans" — a structure he would employ again in The Magnetic Lady. The gossips have a number of criticisms of the play as it proceeds (mainly that it contains neither a devil nor a fool).
The play proper begins by introducing the situation of the Pennyboy family. Pennyboy Junior, a spendthrift, and Pennyboy Senior, an usurer and miser, are competing for the hand of the plutocratic Lady Pecunia. The nomenclature is somewhat misleading: Pennyboy Senior and Junior are not father and son, but uncle and nephew. The missing member of this family triangle, their brother and father, is present through the play, though he is disguised as a street singer; Pennyboy Cantor, as he is known, has faked his death (like Flowerdale Senior in The London Prodigal) to observe the conduct of his family.
Accompanied by Pennyboy Cantor, Pennyboy Junior, a man about town, pays a visit to the new curiosity, the News Staple. Cymbal, the manager (a caricature of Nathaniel Butter, pioneer of English newspapers), gives them a tour of the facility and explains its operation. They also encounter Picklock, a "Man o' Law," who plays a sinister role in the action to come.
Lady Aurelia Clara Pecunia is largely a symbol for the new society of capitalism that was developing at the time. She is served by her nurse, named Mortgage, her ladies in waiting, Statute and Band, and her chambermaid, Wax. Among her many wooers are the members of the society of jeerers. The members of this heterogeneous company – a sea captain, a poet, a doctor, and a courtier – have all gone bankrupt and now devote themselves to insulting and jeering at others, raising their practice to a pretended art form. Their leader is Cymbal, the manager of the News Staple. Pennyboy Senior attempts to enter Pecunia's good graces by conniving with her servants, Broker the gentleman usher and Lick-finger the cook. As a miser, however, he becomes a prime target for the jeerers. The uncle and nephew also conduct an acerbic rivalry over their prospects with Pecunia.
Act III begins, oddly enough, with a preface to the readers, asking them to approach the material that follows in a judicious frame of mind. Pennyboy Junior, still accompanied by his disguised father, escorts Pecunia and her attendants to the News Staple, where he spends foolishly on spurious news of the day. ("The art of drawing farts out of dead bodies,/ Is by the Brotherhood of the Rosy Cross / Brought to perfection...," etc.) Meanwhile, Cymbal takes an opportunity to press his own suit to Pecunia; and he jeers his rival suitor Pennyboy Senior mercilessly.
Pennyboy Junior and Pecunia and her attendants adjourn to a nearby tavern – but they are tracked down by the jeerers. In an increasingly drunken state, they drive out Pennyboy Senior, and Junior proposes a plan for a Canting College. The Canting College will teach all the insider vocabularies that special interests use to maintain and advance their own self-interest and victimise the public. Pennyboy Cantor, disgusted by all that he has seen and heard, quarrels with the jeerers and finally doffs his disguise, revealing his true identity. He denounces his son and withdraws Pecunia to his own house.
The Pennyboys have to confront another hurdle, in the attempted cheat of the villain Picklock; but Pennyboy Junior's frustration of Picklock's scheme demonstrates his repentance and returns him to his father's good graces. Pennyboy Senior has by now been driven mad by the mockery of the jeerers; he puts his dogs on trial for scheming to cheat him. Yet a final victory over the jeerers, and his discovery that his brother Pennyboy Cantor is still alive, help to restore Pennyboy Senior's wits. Pecunia accepts Pennyboy Junior as her future husband, and amity and concord are restored.
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WIKI
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732 S.E.2d 861
The STATE, Respondent, v. Samuel WHITNER, Appellant.
No. 27142.
Supreme Court of South Carolina.
Heard Oct. 18, 2011.
Decided July 11, 2012.
Chief Appellate Defender Robert M. Dudek, of Columbia, and Christopher D. Scalzo, of Greenville, for Appellant.
Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General William M. Blitch, Jr., all of Columbia, and W. Walter Wilkins, III, of Greenville, for Respondent.
Justice KITTREDGE.
Appellant Samuel Whitner was convicted and sentenced for the offense of criminal sexual conduct (CSC) with a minor in the first degree. The victim of the sexual abuse was Appellant’s then five-or six-year-old daughter. Appellant assigns error to two evidentiary rulings. The first ruling was the denial of Appellant’s motion to suppress a tape recording of his telephone conversation with the victim wherein he admitted the abuse. The second ruling was the denial of Appellant’s motion to exclude evidence in connection with a forensic interview of the minor victim. We find no error in the admission of the challenged evidence and affirm.
I.
Appellant is the victim’s biological father.
In 2007, when the victim was eleven years old, the victim disclosed the abuse to her mother (Mother). According to Mother, she encouraged the victim to confront Appellant. The victim telephoned Appellant to confront him, and he denied the incident. Mother subsequently informed her husband (Stepfather) about the abuse. The couple decided to record telephone calls between Appellant and the victim. Several days later, Mother consented to Stepfather recording a telephone conversation between the victim and Appellant without the victim’s knowledge or consent. During the thirty-one-minute conversation, Appellant admitted the sexual abuse and stated that the incident was a mistake he deeply regretted.
Mother supplied the recording to law enforcement, and Appellant was arrested and charged with CSC with a minor in the first degree. As part of the investigation, a forensic interview of the victim was conducted.
Appellant filed a motion to suppress the recorded telephone conversation, claiming the recording, intercepted without the prior consent of either party, violated the South Carolina Homeland Security Act (Wiretap Act), S.C.Code Ann. § 17-30-10 et. seq. (Supp. 2010), which generally prohibits the interception of communications. A circuit court judge granted the motion to suppress.
The State filed an interlocutory appeal with the court of appeals and sought to vacate the trial court’s suppression order pursuant to the Wiretap Act. The court of appeals correctly granted the State’s motion to vacate and found that the trial court lacked subject matter jurisdiction because the Wiretap Act requires that a motion to suppress be made before a panel of judges of the court of appeals.
Thereafter, the court of appeals held a suppression hearing, including the taking of testimony and oral arguments. Stepfather testified that he believed recording the conversation would aid the parents in deciding the best course of action for the victim, including determining whether she needed sexual abuse counseling. Likewise, Mother testified she believed recording the conversations would be useful because she did not know what the conversations between the victim and Appellant entailed, the victim was crying often, and she needed to determine if it was appropriate to permit Appellant to have contact with the victim.
On the legal issue of consent, the court of appeals held that the Legislature, in enacting the Wiretap Act, intended to adopt the vicarious consent doctrine. Mother could, therefore, lawfully vicariously consent to the recording on behalf of the victim. On the factual matter, the court of appeals found that Mother had a good faith and objectively reasonable basis for believing the recording was necessary and in the victim’s best interest, and it therefore denied Appellant’s motion to suppress. The court of appeals sent the ease back to the trial court.
At trial, the recording of the phone conversation between Appellant and the victim was admitted, over Appellant’s continuing objection. The State also introduced a videotape of the victim’s forensic interview. The contents of the interview were similar to the underlying allegations the victim first disclosed to Mother and the testimony given by the victim at trial. The videotape was admitted over Appellant’s objections of improper bolstering and hearsay. The jury convicted Appellant of CSC with a minor in the first degree, and he was sentenced to prison. This appeal follows.
II.
Appellant claims the Wiretap Act was violated because neither he nor the victim, the parties to the communication, consented to the recording. Conversely, the State claims the Wiretap Act was not violated because the recording fell within the consent provision. Specifically, the State contends the statute allows Mother, as a guardian to the minor victim, to vicariously consent on behalf of the victim to record the telephone conversation between the victim and Appellant.
The South Carolina Wiretap Act is patterned after the Omnibus Crime Control and Safe Streets Act of 1968 (Federal Act). This Court must determine whether the Wiretap Act allows or bars the admission of the recording.
Questions of statutory interpretation are questions of law, which are subject to de novo review and which we are free to decide without any deference to the court below. Transp. Ins. Co. & Flagstar Corp. v. S.C. Second Injury Fund, 389 S.C. 422, 427, 699 S.E.2d 687, 689 (2010); Catawba Indian Tribe of S.C. v. State, 372 S.C. 519, 524, 642 S.E.2d 751, 753 (2007).
The cardinal rule of statutory interpretation is to ascertain and effectuate the intent of the legislature. Sloan v. Hardee, 371 S.C. 495, 498, 640 S.E.2d 457, 459 (2007). “All rules of statutory construction are subservient to the one that the legislative intent must prevail if it can be reasonably discovered in the language used, and that language must be construed in light of the intended purpose of the statute.” State v. Sweat, 386 S.C. 339, 350, 688 S.E.2d 569, 575 (2010). Absent an ambiguity, the court will look to the plain meaning of the words used to determine their effect. City of Rock Hill v. Harris, 391 S.C. 149, 155, 705 S.E.2d 53, 55 (2011). “Under general rules of statutory construction, a jurisdiction adopting legislation from another jurisdiction imports "with it the judicial gloss interpreting that legislation.” Orr v. Clyburn, 277 S.C. 536, 540, 290 S.E.2d 804, 806 (1982).
The Wiretap Act is violated when a person intercepts oral communications that are not otherwise exempt from or subject to an exception contained in section 17-30-30. Evidence intercepted in violation of the Wiretap Act must be suppressed. See S.C.Code Ann. § 17-30-110. However, when a party to a communication gives consent for the communication to be intercepted, such recording does not violate the law. The full text of the consent provision states:
It is lawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where the person is a party to the communication or where one of the parties to the communication has given prior consent to the interception.
S.C.Code Ann. § 17-30-30(0 (emphasis added).
Appellant argues that because there is no explicit provision permitting vicarious consent, parental consent on behalf of a minor was not intended to be an exception to the Wiretap Act. We disagree.
Our Wiretap Act parallels the Federal Act passed by Congress in 1968, which similarly permits lawful interception where one party to the communication consents. Because no South Carolina cases have addressed a parent’s ability to vicariously consent to the recording of a child’s telephone conversations and because the Federal Act is substantively the same as South Carolina’s Wiretap Act, we look to the federal courts’ interpretations regarding vicarious consent. See Orr, 277 S.C. at 540, 290 S.E.2d at 806 (“Under general rules of statutory construction, a jurisdiction adopting legislation from another jurisdiction imports with it the judicial gloss interpreting that legislation.”).
The leading federal case is Pollock v. Pollock, 154 F.3d 601 (6th Cir.1998). In Pollock, the Sixth Circuit Court of Appeals held that a mother did not violate the Federal Act when she recorded conversations between her daughter and the daughter’s stepmother. The Pollock court, adopting the rule first enumerated in Thompson v. Dulaney, 838 F.Supp. 1535, 1544 (D.Utah 1993), articulated the doctrine of vicarious consent as follows:
[A]s long as the guardian has a good faith, objectively reasonable basis for believing that it is necessary and in the best interest of the child to consent on behalf of his or her minor child to the taping of telephone conversations, the guardian may vicariously consent on behalf of the child to the recording.
154 F.3d at 610; see also Wagner v. Wagner, 64 F.Supp.2d 895, 896 (D.Minn.1999) (holding a guardian may consent on behalf of a minor to the interception of a communication); Campbell v. Price, 2 F.Supp.2d 1186, 1191 (E.D.Ark.1998) (holding a parent’s good faith concern for his minor child’s best interest may empower the parent to legally intercept the child’s conversations); Thompson v. Dulaney, 838 F.Supp. 1535, 1544 (D.Utah 1993) (finding the vicarious consent doctrine permissible under the federal wiretap statute because of a parent’s duty to act in the best interest of their child).
South Carolina’s Wiretap Act, modeled after the Federal Act, was enacted in 2002. As the above federal jurisprudence indicates, when our Legislature enacted the Wiretap Act, it was well aware of the majority rule concerning construction of the Federal Act in allowing for vicarious consent. We are persuaded that the consent provision in the Wiretap Act encompasses vicarious consent. In reaching this conclusion, we join the majority of state courts that have confronted the same question of statutory construction and have followed the federal interpretation. Accord Silas v. Silas, 680 So.2d 368 (Ala.Civ.App.1996); G.J.G. v. L.K.A, No. CN93-09835, 2006 WL 2389340 (Del.Fam.Ct.2006); State v. Spencer, 737 N.W.2d 124 (Iowa 2007); Smith v. Smith, 923 So.2d 732 (La.App. 1 Cir. 9/28/05); Kroh v. Kroh, 152 N.C.App. 347, 567 S.E.2d 760 (2002); State v. Diaz, 308 N.J.Super. 504, 706 A.2d 264 (N.J.Super.A.D.1998); People v. Clark, 19 Misc.3d 6, 855 N.Y.S.2d 809 (N.Y.Sup.Ct.App.Term 2008); Lawrence v. Lawrence, No. E2010-00395COA-R3-CV, 2010 WL 4865516 (Tenn.Ct.App.2010); Alameda v. State, 235 S.W.3d 218 (Tex.Crim.App.2007).
We further find that Appellant misconstrues the scope of the term “consent.” “Consent” is a broad term and is defined as “agreement, approval, or permission as to some act or purpose.” Black’s Law Dictionary 346 (9th Ed. 2009). The law recognizes different kinds of consent, including express, implied, informed, voluntary, and parental. Parental consent is defined as “[c]onsent given on a minor’s behalf by at least one parent, or a legal guardian, or by another person properly authorized to act for the minor, for the minor to engage in or submit to a specific activity.” Id. We believe the various types of consent recognized in the law support the result we reach today in discerning legislative intent to include vicarious consent.
In sum, we believe the court of appeals correctly determined that the consent provision in the Wiretap Act includes vicarious consent.
III.
Appellant contends that even if the Wiretap Act encompasses vicarious consent, that doctrine is not applicable in the instant case. Initially, Appellant asserts that before the vicarious consent doctrine may be applied, a court must find the minor lacked capacity to consent. Additionally, Appellant argues Mother and Stepfather did not have a good faith and objectively reasonable basis for believing it was necessary and in the best interest of the victim to record the telephone conversation.
A.
Appellant argues that the victim was capable of consenting because she was eleven years old at the time of the recording. But a minor’s actual ability to consent does not preclude a parent’s ability to vicariously consent on her behalf. See Pollock, 154 F.3d 601 (applying the vicarious consent doctrine to a fourteen-year-old); State v. Spencer, 737 N.W.2d 124 (Iowa 2007) (applying the vicarious consent doctrine to a thirteen-year-old); Alameda v. State, 235 S.W.3d 218 (Tex.Crim.App.2007) (applying the vicarious consent doctrine to a thirteen-year-old). Further, we believe it inadvisable to create a bright-line age limit for the application of vicarious consent because “not all children develop emotionally and intellectually on the same timetable.” Pollock, 154 F.3d at 610. Thus, the ability to invoke the vicarious consent doctrine prior to the age of majority does not turn on an age-mandated bright-line rule, nor does it require a minor’s lack of capacity.
B.
Appellant next contends that the court of appeals erred in finding Mother had a good faith and objectively reasonable basis for intercepting the telephone conversation between the victim and Appellant. Pursuant to the procedure prescribed by the Wiretap Act, the court of appeals acted as the trial court in the motion to suppress hearing. “The admission of evidence is within the discretion of the trial court and will not be reversed absent an abuse of discretion.” State v. Gaster, 349 S.C. 545, 557, 564 S.E.2d 87, 93 (2002). “An abuse of discretion occurs when the trial court’s ruling is based on an error of law or, when grounded in factual conclusions, is without evidentiary support.” Clark v. Cantrell, 339 S.C. 369, 389, 529 S.E.2d 528, 539 (2000).
The parents’ motivation in recording the telephone conversation is a question of fact. Given our standard of review, the issue before us is limited to a determination of whether there was any evidence supporting the court of appeals’ finding that the parents had a good faith basis for intercepting and recording the phone conversation.
Mother and Stepfather testified they believed the recordings would assist them in deciding the best course of action and in determining whether the victim needed counseling. Likewise, Mother testified it was necessary to determine if it was in the victim’s best interest to have continued visitation with Appellant. We believe the evidence supports the court of appeals’ finding that Mother had a good faith and objectively reasonable belief that intercepting the telephone conversation was necessary and in the victim’s best interest. Thus, we conclude the court of appeals did not abuse its discretion in denying the motion to suppress.
IV.
Appellant also contends the interception of the phone conversation was an unreasonable invasion of privacy under the additional protections afforded by our state’s constitution. See S.C. Const. art. I, § 10 (“The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures and unreasonable invasions of privacy shall not be violated.... ”). We disagree. Appellant’s argument is dependent upon a rejection of the vicarious consent doctrine. Because the Wiretap Act provides for vicarious consent of a minor child, Appellant’s constitutional argument must be rejected.
V.
Appellant’s final issue on appeal addresses the admissibility of the forensic interview videotape, contending it was cumulative repetition of the minor victim’s testimony at trial and improper bolstering. We disagree. As with any issue regarding the admissibility of evidence, we review the trial court’s ruling for abuse of discretion. State v. Pagan, 369 S.C. 201, 208, 631 S.E.2d 262, 265 (2006).
Generally, a prior consistent statement is not admissible unless the witness is charged with fabrication or improper motive or bias. Rule 801(d)(1)(B), SCRE. However, in CSC cases involving minors, the Legislature has made specific allowances for such hearsay statements of child victims under the proper circumstances. See S.C.Code Ann. § 17-23-175 (Supp.2010) (prescribing the requirements that must be met for a child victim’s out-of-court statement to be admitted). Moreover, the South Carolina Rules of Evidence explicitly recognize the authority of the Legislature to enact evidentiary rules. See Rule 101, SCRE (“Except as otherwise provided by rule or by statute, these rules govern proceedings in the courts of South Carolina.... ”). Unless a legislative enactment concerning a matter of evidence violates the constitution, the legislative enactment is valid. See City of Rock Hill v. Harris, 391 S.C. 149, 154, 705 S.E.2d 53, 55 (2011) (holding that the General Assembly may enact any law not expressly, or by clear implication, prohibited by the state or federal constitutions).
Section 17-23-175 is a valid legislative enactment. Admittedly, we have confronted instances where the State has abused the statute and sought to have the forensic interviewer, improperly imbued with the imprimatur of an expert witness, invade the province of the jury by vouching for the credibility of the alleged victim. However, this is not such a case. In fact, the forensic interview of the child and mere foundational trial testimony of the interviewer serve as a model of how the statute is designed to work. Specifically, the forensic interviewer did not improperly lead or influence the victim in any way, and the victim answered the questions on her own accord. Moreover, the forensic interviewer’s testimony was for the limited purpose of laying the proper foundation for the admission of the videotape. It offered no improper testimony, and included no bolstering testimony that would invade the province of the jury. Compare State v. Jennings, 394 S.C. 473, 716 S.E.2d 91 (2011) (finding the trial court erred in admitting portions of forensic interviewer’s written reports that went to the victims’ veracity for truth regarding the allegations of abuse) with State v. Douglas, 380 S.C. 499, 671 S.E.2d 606 (2009) (holding that trial court’s admission of testimony from a forensic interviewer did not prejudice defendant as interviewer testified as to her personal observations and did not vouch for the victim’s veracity). Thus, there was no error in the admission of the forensic interview into evidence.
VI.
In sum, we believe the Legislature intended the consent provision in the Wiretap Act to encompass the vicarious consent of a parent on behalf of a minor child. Moreover, there was evidence from which the court of appeals could conclude the parents had a good faith and objectively reasonable basis for recording the phone conversation and, accordingly, the court of appeals did not abuse its discretion in denying the motion to suppress. Additionally, we find no error in the trial court’s admission of the forensic interview videotape.
AFFIRMED.
TOAL, C.J., and BEATTY, J., concur.
PLEICONES, J., concurring in a separate opinion in which Acting Justice EUGENE C. GRIFFITH, concurs.
Justice PLEICONES.
I concur with the result reached by the majority but write separately to express my concerns regarding the majority’s adoption of the Pollock test, which I believe places an undue burden on a parent to justify his vicarious consent on behalf of his child under South Carolina’s Wiretap Act. I also write separately regarding the admission of bolstering testimony under S.C.Code Ann. § 17-23-175 (Supp.2010).
I.
I agree with the majority that the Wiretap Act permits the substitution of a parent’s consent for that of a minor who is a party to the communication. However, the Pollock test, articulated in Pollock v. Pollock, 154 F.3d 601 (6th Cir.1998), and adopted by the majority without alteration, fails to fully account for the scope of parental rights under the United States Constitution.
Under the Pollock test, “a clear emphasis is put on the need for the ‘consenting’ parent to demonstrate a good faith, objectively reasonable basis for believing such consent was necessary for the welfare of the child.” 154 F.3d at 610. The test is said to “create[ ] important limitations on the ability of a parent or guardian to vicariously consent to the recording of his or her child’s conversations.” State v. Spencer, 737 N.W.2d 124, 131 (Iowa 2007) (emphasis added). The “good faith, objectively reasonable basis” limitation in the Pollock test was adopted from Thompson v. Dulaney, the first case to consider the question whether the federal Wiretap Act should be interpreted to include a vicarious consent exception. 838 F.Supp. 1535 (D.Utah 1993). In Thompson, the parent argued that she had a constitutional right to direct the upbringing of her children. However, in finding that a vicarious consent exception was implied in the Wiretap Act, the court based its reasoning on the parent’s statutory duty. The court found that in order for the parent to fulfill her duty under a Utah statute to protect her children, she must be able to supervise their communication with third parties, at least when the children are very young, as they were in the case it was considering. Id. at 1544. The Thompson court did not explain what interests created a need for a limitation on parents’ authority to vicariously consent for their children under the federal Wiretap Act. Other courts that have adopted the vicarious consent doctrine have noted in passing that a parent has a constitutional right to guide the upbringing of her children, but they have not directly addressed the constitutionality of the “good faith, objectively reasonable basis” limitation or explained why it is important.
Some commentators have criticized the Pollock test for failing to adequately account for a minor’s right to privacy. Spencer, 737 N.W.2d at 131-32 (citing commentators who raise this concern). Presumably it is a minor’s right to privacy that concerned the Thompson, Pollock, and other courts and that they sought to protect through the good faith limitation, even though the result does not provide as much privacy to minors as some commentators would desire.
Minors do have some legally recognized right to privacy, most notably the “privacy” of being able to make some choices that are essential to a person’s most basic autonomy. Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833, 899, 112 S.Ct. 2791, 120 L.Ed.2d 674 (1992). In Casey, the United States Supreme Court found that under certain narrow circumstances a minor’s fundamental right to privacy would be violated by a government-enforced parental veto of the minor’s choice. Aside from the right of a mature minor to make some irreversible and life-altering decisions, however, a minor’s interest in privacy has barely been accorded legal recognition. It has been accorded least recognition vis-á-vis parents. Moreover, Casey involved state action operating to override the choice of a minor with the capacity to make the choice at issue. That is, insofar as the Constitution protects the privacy interests of minors, it protects them from governmental intrusion, not from parental intrusion unaided by government.
On the other hand, a parent has a right under the Constitution to guide the upbringing of her child. In Troxel v. Granville, decided after both Thompson and Pollock, the Court identified as “fundamental [the] right of parents to make decisions concerning the care, custody, and control of their children.” 530 U.S. 57, 66, 120 S.Ct. 2054, 147 L.Ed.2d 49 (2000) (plurality opinion) (emphasis added). Seven justices agreed that the constitutional right of a parent to direct the upbringing of her child is violated when her judgment regarding the child’s associations is not accorded deference by the courts. 530 U.S. at 67, 120 S.Ct. 2054 (plurality), 78-79, 120 S.Ct. 2054 (Souter, J., concurring), 80, 120 S.Ct. 2054 (Thomas, J., concurring), 94, 120 S.Ct. 2054 (Kennedy, J., dissenting). Of course, as with other constitutional rights, the constitutional protection does not confer on parents an unlimited right to control their children, but it limits the extent of governmental involvement in a particular area and places a heavy burden on the state to justify any governmental restriction of parental rights. The Wiretap Act, read without an exception, would substantially restrict parental rights in favor of an interest that has received little if any legal protection in any other context. Read with a limited exception, the Wiretap Act subjects the exercise of parental constitutional rights to substantial state supervision, again in favor of a barely recognized interest. In my view, either of those readings fails to withstand the strict scrutiny ordinarily applied to governmental restrictions on fundamental rights.
Troxel concerned the appropriate treatment of parental constitutional rights when a court was reviewing a fit parent’s decision regarding the social activities of her child, much as the Pollock test involves a court in reviewing a presumptively fit parent’s decision regarding the social activities of her child. The plurality opinion in Troxel states that the fundamental constitutional right of parents to guide the upbringing of their children mandates “a presumption that fit parents act in the best interests of their children.” Id. at 68, 120 S.Ct. 2054. The Pollock test reverses this presumption by placing the burden of proof on the parent to demonstrate that his motives for recording his child’s conversation were proper and based on objectively reasonable concerns. Thus, the Pollock test is not viable after Troxel at least as to its allocation of the burden of proof.
Moreover, I am concerned with the import of the majority’s discussion of a child’s age and capacity to consent as being relevant to a determination whether a parent’s vicarious consent was valid. The majority eschews any bright-line rule based on the minor’s age and capacity to consent. Presumably this means that a court reviewing a parent’s decision to invade the minor’s privacy should deem that decision less objectively reasonable the more mature the minor is. But a sliding-scale test provides such little constraint on courts as to transfer nearly limitless discretion to them to override the judgment of a fit parent, in direct contravention of Troxel.
Further militating against the adoption of the Pollock test, at question here is a statute that, in the absence of an exception, criminalizes a parent’s recording of his child’s conversation with a third party. Thus, under the Wiretap Act the primary adversarial parties are the government and the parent, not the parent and child or the parent and a third party. Under the Pollock test, a parent cannot exercise her fundamental constitutional right to guide the upbringing of her child without risking criminal penalty should a court disbelieve her stated motives, disagree with her assessment of the threat posed by the particular circumstances, or find that the child’s age or capacity to consent sufficiently negates the parent’s otherwise valid concerns. Such treatment of fundamental rights protected by the Constitution is impermissible. See, e.g., Casey, 505 U.S. at 893-95, 112 S.Ct. 2791. The majority’s rejection of a bright-line rule exacerbates the constitutional problem with the good faith test by creating greater uncertainty for parents of maturing but unemancipated minors in discerning the line between protected and criminalized conduct.
In light of the fact that the Wiretap Act criminalizes violations and that the parental right is fundamental under the Constitution, I do not believe there is room for any qualification of the vicarious consent exception. At the very least, the majority’s test must be recast in order to place the burden on the party asserting that the parent’s consent was invalid to prove that the parent did not act in good faith or in reliance on objectively reasonable concerns.
II.
With regard to Appellant’s argument regarding impermissible bolstering, I would note that Appellant has not raised a challenge to the statute on constitutional grounds or challenged the admission of the interviewer’s testimony or opinions. Rather, Appellant challenges as improper bolstering the admission of duplicative testimony from the child herself via the videotape. I agree with the majority that the Rules of Evidence recognize the authority of the General Assembly to enact statutes that create exceptions to the evidentiary rules. Rule 101, SCRE. Section 17-23-175 by its terms permits the duplication of a child’s testimony through the admission of a video recorded interview in addition to the child’s testimony in court. Thus, there is no basis for an improper bolstering argument when prior testimony is admitted pursuant to § 17-23-175, and I agree with the majority that the trial judge did not abuse his discretion when he admitted the videotaped interview.
For the reasons set forth above, I would hold that parental vicarious consent satisfies the Wiretap Act’s consent exception for all fit parents of unemancipated minors regardless of the minor’s age or capacity to consent. I would also modify the discussion of admissibility under § 17-23-175. Because I agree with the result reached by the majority on each issue, I concur in the judgment.
Acting Justice EUGENE C. GRIFFITH, JR., concurs.
. The judge who granted the motion to suppress was not the judge who presided over the trial.
. "It shall not be unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State.” 18 U.S.C.A. § 2511 (2006).
. In fact, prior to the adoption of the Wiretap Act, this Court's jurisprudence relied on federal courts' interpretations of the Federal Act in permitting the recording of a telephone conversation where only one party to the conversation consented. See Mays v. Mays, 267 S.C. 490, 229 S.E.2d 725 (1976) (holding that one party to a telephone conversation may lawfully record the conversation without the other party's knowledge or consent, and subsequently disclose it); State v. Andrews, 324 S.C. 516, 479 S.E.2d 808 (Ct.App.1996) (where one party consents to a recording, it does not violate a person's right to privacy).
. Appellant's argument rests in part on various federal courts’ rejection of the inter-spousal consent doctrine, which permits one spouse to intercept an electronic communication of the other spouse. See e.g., Pritchard v. Pritchard, 732 F.2d 372, 373 (4th Cir.1984) (finding no exception exists under the federal wiretapping statute for instances of willful, unconsented to electronic surveillance between spouses). However, the fact that there is no inter-spousal consent exception does not preclude an adoption of a parent-child vicarious consent exception. Moreover, we view the vicarious consent doctrine as a natural consequence of the unique relationship of parent and child. The doctrine's adoption is far more compelling and justifiable than the inter-spousal consent, as fundamentally different considerations are implicated. The United States Supreme Court and this Court have held it is "the fundamental right of parents to make decisions concerning the care, custody, and control of their children.” Troxel v. Granville, 530 U.S. 57, 65, 120 S.Ct. 2054, 147 L.Ed.2d 49 (2000); Camburn v. Smith, 355 S.C. 574, 586 S.E.2d 565 (2003) (citing Troxel and stating "[i]t is well-settled that parents have a protected liberty interest in the care, custody, and control of their children”). Furthermore, parents have a duty to protect their child because children "often lack the experience, perspective, and judgment to recognize and avoid choices that could be detrimental to them.” Bellotti v. Baird, 443 U.S. 622, 635, 99 S.Ct. 3035, 61 L.Ed.2d 797 (1979).
. S.C.Code Ann. § 17-30-110 states: "The motion [to suppress] must be made before the reviewing authority and must be decided on an expedited basis.” The "reviewing authority” is defined as "a panel of three judges of the South Carolina Court of Appeals designated by the Chief Judge of the South Carolina Court of Appeals.” S.C.Code Ann. § 17-30-15(9).
. Although we recognize the fundamental right of parents to make decisions concerning the care, custody, and control of their children, we also recognize, as does the concurrence, that such right is not without limits. As the concurrence states, "constitutional protection does not confer on parents an unlimited right to control their children.” While we agree, in the abstract, with the concurrence’s sweeping recognition of parents’ fundamental right to make decisions concerning the welfare of their children, we must confront the issue in the context presented and not venture into areas never raised, argued or briefed by any party. Appellant argues only that the Wiretap Act does not provide for vicarious consent; we have not been presented with a challenge or discussion of the viability of Pollock post-Troxel. Assuming that issue were squarely before us, we would adhere to the Pollock doctrine in this case. In this criminal case against the Appellant father, we are presented with one parent, Mother, vicariously consenting to recording her child's telephone conversation with the other parent, Appellant. In the context where one parent vicariously consents to record a child's electronic communication with the other parent, we believe the Pollock doctrine, by imposing a good faith standard linked to the child's best interest, sets forth a proper and reasonable limitation on a parent’s right to make decisions concerning the child.
. We recognize that the State sought on direct examination to venture into the forbidden area of improper bolstering, but Appellant’s objections were promptly sustained.
. The majority believes that consideration of the Pollock test’s viability post-JrcuceZ is not appropriate because this issue has not been raised by any party. I do not believe we can avoid considering the implications of Troxel on this basis while also explicitly adopting and applying a particular test without qualification. Avoiding Constitutional issues not raised and argued could be dealt with by holding that even if the Pollock test is unconstitutionally restrictive, its demands would be met in this case. Moreover, I would respectfully urge that the majority’s conclusion that it would adhere to the Pollock test after consideration of Troxel based on its view that the good faith standard is "a proper and reasonable limitation” under these circumstances is an interest-balancing test of the sort inappropriate for treatment of fundamental rights.
. See, e.g., Benjamin Shmueli and Ayelet Blecher-Prigat, Privacy for Children, 42 Colum. Hum. Rts. L. Rev. 759, 763, 793, 794 (Spring 2011) (surveying American jurisprudence and concluding that privacy rights "do[] not exist for children vis-a-vis their parents”; noting that even the U.N. Convention for the Rights of the Child, "which is the most comprehensive legal document ever written on children's rights, and which brought more than twenty countries around the world to adopt a ban on parental corporal punishment and to grant a plethora of children’s rights, has not clarified this children's right”; and acknowledging that legal intervention in this area poses a significant risk of damaging families and "must be very delicate”).
. In Troxel v. Granville, a Washington state statute permitted any party to petition for visitation rights and permitted the court to award visitation rights if it concluded that they were in the child’s best interest without according any deference to the parent’s judgment. The Court found that a mother's substantive due process rights were violated when the state court awarded visitation to the children’s paternal grandparents based on its disagreement with the mother regarding the appropriate amount of visitation.
. A person who violates the provisions of the South Carolina Wiretap Act must be imprisoned not more than five years or fined not more than five thousand dollars, or both. S.C.Code Ann. § 17-30-50 (Supp.2010).
. The issue typically arises in cases that do not involve the state attempting to prosecute a parent, such as in the present case, in which a third party seeks to have evidence excluded as obtained in violation of the Wiretap Act. The fact that the issue may be raised by a third party does not alter my analysis for two reasons. First, our interpretation of the consent exception will apply in all contexts. Second, one patty to a protected communication has no expectation of privacy under the Wiretap Act if the other party consents to recording or disclosure. Thus, the third patty’s interest in nondisclosure has no bearing on the question whether a parent may vicariously consent on behalf of his child.
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CASELAW
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Page:United States Statutes at Large Volume 19.djvu/133
FORTY-FOURTH CONGRESS. Sess. I. Ch. 246. 1876. 107 For one hundred and fifty-two keepers of stations, at two hundred dollars each, thirty thousand four hundred dollars. For five keepers of houses of refuge on the coast of Florida, two thousand four hundred dollars. For pay of crews of experienced surfmen at such stations and for such periods as the Secretary of the Treasury may deem necessary and proper, one hundred and forty-five thousand dollars. For compensation to volunteers at life-boat stations, eight thousand one hundred and sixty dollars. For fuel for one hundred and fifty-seven stations and houses of refuge, repairs and outfits for the same; supplies and provisions for houses of refuge and for shipwrecked persons succored at stations; travelling expenses of officers under orders from the_Treasury Department; and contingent expenses, including freight, storage, repairs to apparatus, medals, stationery, advertising and miscellaneous expenses that cannot be included under any other head of life-saving stations, life-boat stations and houses of refuge on the coasts of the United States, forty thousand dollars. And the person in immediate charge of the life-savin g service, under the direction of the Secretary of the Treasury, shall make a report Report oroxpona. annually to the Secretary of the Treasury, showing the manner in which ituws and ··|>·<>¤¤*>°F S¤*V*¢‘— ards, boys, coal-passers, and firemen, and for rations for the same, and for fuel for vessels, repairs and outfits for same, ships-chandlery and engineers’ stores for same, travelling expenses of officers travelling on duty under orders from the Treasury Department, commutation of quarters, and contingent expenses including wharfage, towage, dockago, freight, advertising, surveys, and miscellaneous expenses which cannot be included under special heads, seven hundred and forty-seven thousand six hundred and forty-seven dollars and nineteen cents, in addition to one hundred and twenty-seven thousand two hundred and forty-three dollars and ninety-one cents, being the unexpended balance of the appropriation for the same purpose for the service of the fiscal year eighteen hundred and and seventyfour, which is hereby continued and rendered.avai1able for the year ending June thirtieth, eighteen hundred and seventy-seven: Provided, That hereafter upon the occurring of a vacancy in the grade of third lieutenant in the Revenue Marine Service, the Secretary of the Treasury may appoint a cadet, not less than g,,,;,,,,, may i,,. eighteen nor more than twenty-five years of age, with rank next below appointed. that of third lieutenant, whose pay shall be three-fourths that of a third lieutenant, and who shall not be appointed to a higher grade until he shall have served a atisfactory probationary term of two yea rs and passed the examination required by the regulations of said service; and upon the promotion of such cadet another may be appointed in his stead; but the whole number of third lieutenants and cadets shall at no time exceed the number of third lieutenants now authorized by law. J UDICIARY. For defraying the expenses of the Supreme Court and circuit and dis- E x rw ws M trict courts of the United States, including the District of Columbia; °°“"““· and also for jurors and witnesses and expenses of suits in which the United States are concerned, of prosecutions for offenses committed against the United States; for the safekeeping of prisoners, and for defraying the expenses which may be incurred in the enforcement of the
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WIKI
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สถาบันวิจัยวิทยาศาสตร์สาธารณสุข
National Institute of Health of Thailand
Subacute toxicity study of tradition medicinal Trikatuk
Authors : Pranee Chavalittumrong*, Aimmanas Attawish*, Pat Rugsamon*, Pranee Chuntapet**
Affiliations:
*Division of Medicinal Plant Research and Development
**Division of Clinical Pathology, Department of Medical Sciences
Source: Bulletin of Department of Medical Sciences 1996; 38(4): 273-292.
Language: Thai with English abstract
Abstract:
Trikatuk, a preparation of Thai traditional medicine used to adjust patient’s element during rainy season is composed of three constituents, namely Zingiber officinale rhizomes (ginger), Piper nigrum fruits (papper) and Piper retrofractum fruits (long pepper). Three formulae of Trikatuk, i.e. Pitta, Wata and Semha. Containing different ratios of each herbal component are used in rainy season for the treatment of illness due to fire, wind and water element, respectively. Pitta formula contains 12 parts of ginger, 8 parts of pepper and 4 parts of long pepper, while Wata formula consists of 4 parts of ginger, 12 parts of pepper and 8 parts of long pepper and Semha formula is composed of 8 parts of ginger, 4 parts of pepper and 12 parts of long pepper.
Subacute toxicity studies of water extracts of the three formulae of Trikatuk were conducted in adult Wistar rats. The extracts were administered orally once daily for ten consecutive days at the doses equivalent to 0.36, 2.52 and 17.64 g of crude drug/kg body weight/day which are equivalent to 1, 7 and 49 folds of therapeutic dose, respectively. The changes of certain hematological parameters found in some extract-treated groups were not likely to be caused by the extracts, and were within normal values. The results of biochemical studies of the serum samples indicated that the groups receiving the extract of Pitta formula and Semha formula had significantly higher levels of albumin and total proteins than the controls. Similarly, the group treated with high dose of Wata formula extract also had higher albumin and total protein levels. The increase of serum albumin in the animals treated with the extracts may be the result of elevated albumin synthesis in the liver. Histopathological examinations of the liver and kidney tissue specimens showed no differences in pathological findings between the extract-treated groups and the control groups.
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ESSENTIALAI-STEM
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Leyser Levin
Leyser Levin (1830 – 26 January 1908) was a Prussian-born Australian politician.
Little is known of his early life. He married his wife Johanna in England and had seven children. By the time he entered politics he was a storekeeper in Corowa. In 1880 he was elected to the New South Wales Legislative Assembly for Hume. Re-elected in 1882, he did not re-contest in 1885. Levin died at St Kilda in Melbourne in 1908.
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WIKI
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Coolbanagher
Coolbanagher is a civil parish and townland in County Laois, Ireland. The Church of Ireland church is St John, Coolanagher.
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WIKI
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Novel High-Energy-Density Rechargeable Hybrid Sodium-Air Cell with Acidic Electrolyte
Yao Kang, Fengmei Su, Qingkai Zhang, Feng Liang, Keegan R. Adair, Kunfeng Chen, Dongfeng Xue, Katsuro Hayashi, Shan Cecilia Cao, Hossein Yadegari, Xueliang Sun
Research output: Contribution to journalArticlepeer-review
15 Citations (Scopus)
Abstract
Low-cost, high-energy-density, and highly efficient devices for energy storage have long been desired in our society. Herein, a novel high-energy-density hybrid sodium-air cell was fabricated successfully on the basis of acidic catholytes. Such a hybrid sodium-air cell possess a high theoretical voltage of 3.94 V, capacity of 1121 mAh g-1, and energy density of 4418 Wh kg-1. First, the buffering effect of an acidic solution was demonstrated, which provides relatively long and stable cell discharge behaviors. Second, the catholytes of hybrid sodium-air cells were optimized systematically from the solutions of 0.1 M H3PO4 + 0.1 M Na2SO4 to 0.1 M HAc + 0.1 M NaAc and it was found that the cells with 0.1 M H3PO4 + 0.1 M Na2SO4 displayed a maximum power density of 34.9 mW cm-2. The cell with 0.1 M H3PO4 + 0.1 M Na2SO4 displayed higher discharge capacity of 896 mAh g-1. Moreover, the fabricated acidic hybrid sodium-air cells exhibited stable cycling performance in ambient air and they delivered a low voltage gap around 0.3 V when the current density is 0.13 mA cm-2, leading to a high energy efficiency up to 90%. Therefore, the present study provides new opportunities to develop highly cost-effective energy storage technologies.
Original languageEnglish
Pages (from-to)23748-23756
Number of pages9
JournalACS Applied Materials and Interfaces
Volume10
Issue number28
DOIs
Publication statusPublished - Jul 18 2018
All Science Journal Classification (ASJC) codes
• Materials Science(all)
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ESSENTIALAI-STEM
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Disclaimer: The material and information contained on this website is for educational purposes only.
Why Is Mixing Prescription Drugs With Alcohol Dangerous?
Discover the dangers of mixing prescription drugs with alcohol!
Harmful Effects of Mixing Depressants with Alcohol
The combination of alcohol and depressant medications can have severe and potentially life-threatening consequences. Depressants such as Xanax and Valium, when mixed with alcohol, can have a synergistic effect, leading to rapid onset of dangerous symptoms [1]. It is crucial to understand the harmful effects of this combination to ensure the safety and well-being of individuals.
Synergistic Effects of Combining Depressants
When alcohol is consumed along with depressant medications, the effects of both substances are intensified. The central nervous system depressant properties of alcohol and depressant medications potentiate each other, resulting in increased sedation and impaired cognitive and motor functions. This synergy can lead to a range of dangerous symptoms and complications.
Symptoms of Depressant and Alcohol Interaction
The combination of depressants and alcohol can cause a rapid onset of various symptoms, which may include:
These symptoms highlight the dangers associated with mixing depressant medications and alcohol. It is important to note that the effects of combining these substances can vary from person to person, depending on factors such as dosage, individual tolerance, and overall health.
To ensure personal safety, it is crucial to avoid mixing alcohol with depressant medications. It is advisable to consult with a healthcare professional or pharmacist before consuming alcohol while on any prescribed depressant medication. They can provide guidance on the potential risks and recommend alternative approaches to managing symptoms without compromising safety.
Remember, the harmful effects of mixing alcohol and depressant medications can have serious consequences. Prioritizing personal health and seeking professional advice is crucial when it comes to the combination of these substances.
Risks of Mixing Stimulants with Alcohol
When it comes to mixing prescription drugs with alcohol, one particular concern involves the combination of stimulants and alcohol. Stimulants such as Ritalin, Adderall, and Concerta are commonly prescribed medications that can have significant effects on the central nervous system. Combining these stimulants with alcohol can lead to dangerous consequences.
Masking Effects of Stimulants with Alcohol
One of the risks associated with mixing stimulants with alcohol is the masking effect that alcohol can have on the stimulant's effects. According to the University Health Service at the University of Michigan, alcohol can make it difficult for individuals to judge their level of intoxication when combined with stimulants. This can lead to overconsumption and a lack of awareness about their impairment.
Consequences of Stimulant and Alcohol Combination
The combination of stimulants and alcohol can result in severe impairment of coordination and judgment. When individuals are unable to accurately assess their level of intoxication due to the masking effect of alcohol, they may engage in risky behaviors such as driving under the influence. This puts not only themselves but also others at great risk.
In some cases, the combination of stimulants and alcohol can lead to blackouts, loss of consciousness, and even death. The University Health Service at the University of Michigan highlights the potential danger of this combination, emphasizing the need for caution when using stimulant medications and consuming alcohol together.
It is important for individuals who are prescribed stimulant medications to be aware of the risks associated with mixing them with alcohol. It is advisable to consult with a healthcare professional or pharmacist before consuming alcohol while taking these medications. They can provide guidance and recommendations based on the individual's specific circumstances.
Understanding the risks and potential consequences of mixing stimulants with alcohol is crucial for individuals who are prescribed these medications. By making informed choices and seeking professional advice, they can ensure their safety and well-being while avoiding the dangerous interactions that can occur when combining stimulants with alcohol.
Dangers of Combining Prescription Opiates with Alcohol
Prescription opiates, such as Vicodin, OxyContin, and Percocet, can be powerful pain relievers when used as prescribed. However, combining these medications with alcohol can have severe consequences and pose significant risks to one's health and well-being.
Respiratory Depression from Opiates and Alcohol
When opiates and alcohol are combined, they can lead to a dangerous condition known as respiratory depression. Both substances are central nervous system depressants, which means they slow down brain activity and can suppress vital functions like breathing.
The simultaneous use of opiates and alcohol can intensify these depressant effects, leading to a potentially life-threatening situation. The combination can significantly impair the respiratory system, causing slowed or arrested breathing. This can result in a decrease in pulse and blood pressure, increasing the risk of unconsciousness, coma, and even death.
Potential Consequences of Opiate and Alcohol Mixture
Combining prescription opiates with alcohol can have a range of negative outcomes, including but not limited to:
It is crucial to never mix prescription opiates with alcohol without the guidance and approval of a medical professional. The risks associated with this combination are substantial and can have severe consequences for one's health and safety.
Understanding the dangers of combining prescription opiates with alcohol is vital in promoting responsible and informed medication use. It is always advisable to consult with a healthcare provider or pharmacist regarding the potential risks and interactions between medications and alcohol.
Health Risks of Misusing Prescription Drugs with Alcohol
Combining prescription drugs with alcohol can have serious health risks and potentially life-threatening consequences. It is important to understand the potential dangers associated with this practice to ensure the well-being and safety of individuals.
Legal Consequences of Misuse
Misusing prescription drugs is not only dangerous but also illegal. Convictions related to the misuse of prescription drugs can result in severe legal consequences, including jail time and fines. It is crucial to use prescription medications only as directed by a healthcare professional and to avoid mixing them with alcohol or any other substances without proper guidance.
Case Study: Josh Levine's Tragic Experience
One tragic example that highlights the dangers of mixing prescription drugs with alcohol is the case of Josh Levine. Josh lost his life due to the dangerous combination of Adderall, a prescription medication used to treat attention deficit hyperactivity disorder (ADHD), and alcohol. This devastating incident serves as a stark reminder of the potential risks and harmful consequences of combining prescription drugs with alcohol.
Misunderstanding or underestimating the interactions between prescription drugs and alcohol can lead to unpredictable outcomes and severe harm. It is essential for individuals to be aware of the potential dangers and to seek guidance from healthcare professionals regarding the safe use of medications.
Mixing alcohol with certain medications, especially sedatives, can increase the risk of adverse events such as falls, driving accidents, and fatal overdoses. The risk of alcohol and medication interactions is greater when higher amounts of alcohol are consumed. Approximately 40% of adults have taken a medication in the past year that could potentially interact negatively with alcohol. For instance, around 5-6% of individuals who regularly consume alcohol are prescribed sedative hypnotics or opioids for at least 30 days, and the combination can be deadly.
Mixing alcohol with prescription drugs can lead to a range of adverse effects, including gastrointestinal bleeding, liver damage, falls, traffic accidents, and overdose deaths. Chronic health issues such as heart problems, stroke or heart attack, liver damage, internal bleeding, brain damage, depression, anxiety, and other mental health problems can also result from the dangerous combination of alcohol and prescription drugs [3].
To ensure personal safety and well-being, it is crucial to follow prescribed medication regimens accurately, avoid alcohol consumption when taking medications, and consult healthcare professionals, such as physicians and pharmacists, for guidance on potential interactions and risks.
Factors Affecting Alcohol and Medication Interactions
When it comes to the interaction between alcohol and medications, there are certain factors that can influence the potential risks and effects. Two important factors to consider are gender and age-related changes.
Gender and Alcohol-Related Problems
Women are at a higher risk for alcohol-related problems compared to men. This is due to several factors, including differences in body composition. Generally, women have less water in their bodies than men, causing alcohol to be more concentrated. As a result, women tend to experience higher blood alcohol levels and are more susceptible to alcohol-related organ damage, especially to the liver [4].
It's important for women to be aware of these differences and understand the potential risks associated with mixing alcohol and medications. Consulting with healthcare professionals and reading medication labels can help in making informed decisions and avoiding harmful interactions.
Age-related Changes and Interactions
Older individuals are also at a higher risk of experiencing harmful interactions between alcohol and medications. As we age, our bodies undergo changes that can affect the way alcohol is processed. The ability to break down alcohol slows down, leading to longer presence of alcohol in the system. This can increase the risk of adverse effects and interactions with medications.
Moreover, older adults, particularly those over the age of 65, are more likely to take medications that can interact with alcohol. In fact, about 80% of people aged 65 and older took a medication in the past year that could potentially interact with alcohol. This combination of age-related changes and medications can increase the vulnerability to the harmful effects of mixing alcohol and medications.
To protect against potential harm, older individuals should be cautious when consuming alcohol and should consult with healthcare professionals to understand the risks of alcohol-medication interactions. It's crucial to be aware of the medications being taken and their potential interactions with alcohol. Reading labels and seeking guidance from pharmacists can provide valuable information to make informed decisions and promote safe practices.
Understanding the influence of gender and age-related changes on alcohol and medication interactions is essential for minimizing risks and ensuring the well-being of individuals who may be taking prescription drugs. By being informed and taking necessary precautions, we can help prevent potential harm and promote safer practices when it comes to consuming alcohol alongside medications.
Precautions and Recommendations for Combining Alcohol with Medications
When it comes to combining alcohol with medications, it is crucial to take precautions to ensure your safety and well-being. The interaction between alcohol and certain medications can lead to adverse effects and potentially dangerous outcomes. To minimize the risks associated with mixing alcohol and medications, it is important to follow these recommendations:
Importance of Reading Labels and Consulting Pharmacists
Reading and understanding medication labels is essential to identify any potential interactions with alcohol. Many popular medications, including pain relievers, cough and cold medicines, and allergy medications, contain ingredients that can interact with alcohol [5]. Pay close attention to warning labels, precautionary statements, and information about possible side effects. If you are unsure about a medication's compatibility with alcohol, it is best to abstain from alcohol consumption until you have consulted with a healthcare provider.
Pharmacists are valuable resources who can provide guidance and answer questions regarding medication and alcohol interactions. They can help identify any potential risks associated with combining alcohol and specific medications, offer alternative options, or provide recommendations for safe consumption. Consulting with a pharmacist can help ensure that you make informed decisions about alcohol use while taking medications.
Risks of Mixing Alcohol with Various Medications
Mixing alcohol with certain medications can have a range of adverse effects on your health. Alcohol can make a medication less effective or even useless, or it may make the medication harmful or toxic to the body [4]. Some potential risks of combining alcohol with medications include:
It is important to note that the risks associated with mixing alcohol and medications can vary depending on the specific medication and individual factors. Taking medications as prescribed and avoiding alcohol can help prevent potential complications and ensure the medications work as intended.
By following these precautions and recommendations, you can minimize the risks associated with combining alcohol and medications. Always prioritize your health and safety by reading labels, consulting with healthcare professionals, and being aware of the potential dangers of mixing alcohol with various medications. It is crucial to make informed decisions to protect your well-being and prevent any adverse effects that may arise from the interaction between alcohol and medications.
References
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New User interface Styles
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last updated: 2016-08
This article covers the Light and Dark UI Themes that Apple has added to tvOS 10 and how to implement them in a Xamarin.tvOS app.
Overview
tvOS 10 now supports both a Dark and Light User Interface theme that all of the build-in UIKit controls will automatically adapt to, based on the user's preferences. Additionally, the developer can manually adjust UI elements based on the theme that the user has selected and can override a given theme.
The following topics will be covered in detail:
About the New User Interface Styles
As stated above, tvOS 10 now supports both a Dark and Light User Interface theme that all of the build-in UIKit controls will automatically adapt to, based on the user's preferences.
The user can switch this theme by going to Settings > General > Appearance and switching between Light and Dark:
When the Dark theme is selected, all of the User Interface elements will switch to light text on a dark background:
The user has the option to switch the theme at any time and might do so based on the current activity, where the Apple TV is located or the time of day.
The Light UI Theme is the default theme, and any existing tvOS apps will still use the Light theme, regardless of the user's preferences, unless they are modified for tvOS 10 to take advantage of the Dark theme. A tvOS 10 app also has the ability to override the current theme and always use either the Light or Dark theme for some or all of its UI.
Adopting the Light and Dark Themes
To support this feature, Apple has added a new API to the UITraitCollection class and a tvOS app must opt-in to support the Dark appearance (via a setting in its Info.plist file).
To opt-in to Light and Dark theme support, do the following:
1. In the Solution Explorer, double-click the Info.plist file to open it for editing.
2. Select the Source view (from the bottom of the editor).
3. Add a new key and call it UIUserInterfaceStyle:
4. Leave the type set to String and enter a value of Automatic:
5. Save the changes to the file.
There are three possible values for the UIUserInterfaceStyle key:
• Light - Forces the tvOS app's UI to always use the Light theme.
• Dark - Forces the tvOS app's UI to always use the Dark theme.
• Automatic - Switches between the Light and Dark theme based on the user's preferences in Settings. This is the preferred setting.
UIKit Theme Support
If a tvOS app is using standard, built-in UIView based controls, they will automatically respond to the UI theme without any developer intervention.
Additionally, UILabel and UITextView will automatically change their color based on the select UI theme:
• The text will be black in the Light theme.
• The text will be white in the Dark theme.
If the developer ever changes the text color manually (either in the Storyboard or code), they will be responsible for handling color changes based on the UI theme.
New Blur Effects
For supporting the Light and Dark themes in a tvOS 10 app, Apple has added two new Blur Effects. These new effects will automatically adjust the blur based on the UI theme that the user has selected as follows:
• UIBlurEffectStyleRegular - Uses a light blur in the Light theme and a dark blur in the Dark theme.
• UIBlurEffectStyleProminent - Uses an extra-light blur in the Light theme and an extra-dark blur in the Dark theme.
Working with Trait Collections
The new UserInterfaceStyle property of the UITraitCollection class can be used to get the currently selected UI theme and will be a UIUserInterfaceStyle enum of one of the following values:
• Light - The Light UI theme is selected.
• Dark - The Dark UI theme is selected.
• Unspecified - The View has not been displayed to screen yet, so the current UI theme is unknown.
Additionally, Trait Collections have the following features in tvOS 10:
• The Appearance proxy can be customized based on the UserInterfaceStyle of a given UITraitCollection to change things such as images or item colors based on theme.
• A tvOS app can handle Trait Collection changes by overriding the TraitCollectionDidChange method of a UIView or UIViewController class.
NOTE: The Xamarin.tvOS Early Preview for tvOS 10 doesn't fully support UIUserInterfaceStyle for UITraitCollection yet. Full support will be added in a future release.
Customizing Appearance Based on Theme
For User Interface elements that support the Appearance proxy, their appearance can be adjusted based on the UI Theme of their Trait Collection. So, for a given UI element, the developer can specify one color for the Light theme and another color for the Dark theme.
NOTE: Unfortunately, the Xamarin.tvOS Early Preview for tvOS 10 doesn't fully support UIUserInterfaceStyle for UITraitCollection, so this type of customization is not yet available. Full support will be added in a future release.
Responding to Theme Changes Directly
In the developer requires deeper control over the appearance of a UI Element based on the UI theme selected, they can override the TraitCollectionDidChange method of a UIView or UIViewController class.
For example:
public override void TraitCollectionDidChange (UITraitCollection previousTraitCollection)
{
base.TraitCollectionDidChange (previousTraitCollection);
// Take action based on the Light or Dark theme
...
}
Overriding a Trait Collection
Based on the design of a tvOS app, there might be times when the developer needs to override the Trait Collection of a given User Interface element and have it always use a specific UI theme.
This can be done using the SetOverrideTraitCollection method on the UIViewController class. For example:
// Create new trait and configure it
var trait = new UITraitCollection ();
...
// Apply new trait collection
SetOverrideTraitCollection (trait, this);
For more information, please see the Traits and Overriding Traits sections of our Introduction to Unified Storyboards documentation.
Trait Collections and Storyboards
In tvOS 10, an app's Storyboard can be set to respond to Trait Collections and many UI elements can be made Light and Dark Theme aware. The current Xamarin.tvOS Early Preview for tvOS 10 doesn't support this feature in the Interface Designer yet, so the Storyboard will need to be edited in Xcode's Interface Builder as a workaround.
To enable Trait Collection support, do the following:
1. Right-click on the Storyboard file in the Solution Explorer and select Open With > Xcode Interface Builder:
2. To enable Trait Collection support, switch to the File Inspector and check the Use Trait Variations property in the Interface Builder Document section:
3. Confirm the change to use Trait Variations:
4. Save the changes to the Storyboard file.
Apple has added the following abilities when editing tvOS Storyboards in Interface Builder:
• The developer can specify different variations of User Interface elements based on UI theme in the Attribute Inspector:
• Several properties now have a + beside them which can be clicked to add a UI theme specific version:
• The developer can specify a new property or click the x button to remove it:
• The developer can preview a UI design in either the Light or Dark theme from within Interface Builder:
• The bottom of the Design Surface allows the developer to switch the current UI theme:
• The new theme will be displayed in Interface Builder and any Trait Collection specific adjustments will be displayed:
Additionally, the tvOS Simulator now has a keyboard shortcut to allow the developer to quickly switch between the Light and Dark themes when debugging a tvOS app. Use the Command-Shift-D keyboard sequence to toggle between Light and Dark.
Summary
This article has covered the Light and Dark UI Themes that Apple has added to tvOS 10 and how to implement them in a Xamarin.tvOS app.
Xamarin Workbook
If it's not already installed, install the Xamarin Workbooks app first. The workbook file should download automatically, but if it doesn't, just click to start the workbook download manually.
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ESSENTIALAI-STEM
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Can Papilloma Turn Into Cancer?
papilloma removal resultsA papilloma is a growth on the skin, which can look quite odd and worrying. The good news is that papilloma is not cancerous. In addition, it can’t turn into skin cancer, as the causes are completely different.
Papilloma are usually caused by HPV – Human Papillomavirus. This is the same family of viruses that causes common warts on the fingers, hands, face and genital areas.
A papilloma is an outward growth on the skin, normally raised from the skin’s surface. They are often lumpy or rough in texture and usually look darker than the surrounding skin. They can also become quite large, typically between 1-5cm, so they tend to be quite noticeable.
If you have any kind of unusual skin lesion then it is always worth getting a proper diagnosis to rule out skin cancer. Skin cancer takes many forms and some do look quite similar to other skin blemishes or lesions.
However, if you have already seen a doctor or dermatologist and been told that you have a papilloma, then you don’t need to worry unless things change. Papillomas do not spread and they do not grow aggressively or quickly at all. So if you have a papilloma that starts to evolve quickly or has other odd symptoms, then it is worth getting it checked again.
How to get rid of papilloma
Papillomas are particularly unwelcome due to their appearance, so most people are quite keen to get rid of them.
As they are not deemed to be harmful from a medical perspective, the NHS rarely fund treatment in the UK. However, private companies such as the London Mole Removal Center offer treatment to remove the papilloma. Treatment can be offered same day and is entirely pain-free as our expert doctors use local anaesthetic where required.
If you don’t like the idea of spending money on surgery then you could certainly try being patient to see if the papilloma might disappear of its own accord without treatment. However, they may not do and you can soon find you’ve had them for many years.
Papilloma Removal By Doctors/Surgeons
The team at London Mole Removal Centre are highly trained and experienced in dealing with papilloma, warts and other difficult skin lesions. The solutions recommended will depend on the the doctor’s assessment and diagnosis of the problem. Options include:
• Curettage – effectively ‘scraping’ the lesion away under local anaesthetic, before using cautery to stop the bleeding for fast healing and a neat result
• Laser treatment
• Surgical excision – using a scalpel to completely remove the blemish and its roots. Usually requires stitches. This is for deep and large papilloma
As mole removal experts, they are also highly experienced in identifying skin cancers. Any worrying lesions can be sent for independent histology/testing for peace of mind.
→ Papilloma Removal
Book an Appointment
London Mole Removal Centre offer appointments at a choice of 5 private skin treatment centres based in London and Bristol. All consultations and treatments are carried out in person by doctors who are specially trained in the latest laser and skin surgery techniques and are highly experienced in the field. Most skin lesions can be removed at the same appointment as the consultation, but there is no obligation to proceed unless and until both the patient and doctor are completely happy to do so.
For more information or to book a consultation, please complete the form on this web page or call 020 7731 3791.
They may recommend treatments such as freezing or removing the wart, or they may suggest other ways to reduce your risk of getting warts in the future.
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ESSENTIALAI-STEM
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What It Means When Taking Ibuprofen Makes You Tired
The moment a headache or body ache strikes, it's common for many people to reach for ibuprofen, which is known to soothe inflammation and pain. While ibuprofen is an over-the-counter (OTC) pain reliever found in most homes, it does have a few side effects, like drowsiness. So, if you get a little sleepy while taking ibuprofen, don't be alarmed. However, extreme tiredness should be discussed with your doctor. To understand the side effects of ibuprofen, it's essential to look at the medication and how it works.
A nonsteroidal anti-inflammatory drug (NSAID), ibuprofen is designed to relieve inflammation, moderate pain, and fever, according to the Alcohol and Drug Foundation. The swelling and stiffness that come with arthritis are also commonly treated with NSAIDs like ibuprofen (per Medline Plus). It is easy to acquire in tablet and liquid form for children and adults at your local store, but higher dosages of the drug can be obtained through a prescription from your healthcare provider. News Medical Life Sciences states that the drug works by inhibiting the enzyme cyclooxygenase (COX) in the body, leading to lower concentrations of prostaglandins in the body, the mediators of pain and inflammation.
For the most part, ibuprofen is deemed safe to use, but that doesn't mean it doesn't come with side effects that can hinder your daily life. Learn why ibuprofen can make you tired and other side effects to watch for. We'll also go over ways to mitigate the tiredness created by ibuprofen.
Ibuprofen can cause tiredness as a side effect
WebMD does list drowsiness among the side effects of this medication. However, Advil states that regular ibuprofen isn't known to cause tiredness because it doesn't contain the typical components known for drowsiness. Certain products do carry a drowsiness warning, though. For example, Advil PM combines the sleep aid diphenhydramine with ibuprofen to make you tired and pain-free as you hit the hay. Look at your medication bottle to ensure your product has only ibuprofen as an ingredient. Tiredness can also be a sign that you took more than the recommended dose of the medication and requires a call to your doctor, per Medline Plus.
When you are feeling sleepy after taking ibuprofen, try to rest. Drowsiness can affect your cognitive function, especially for tasks like driving and operating machinery. Additionally, Harvard Health Publishing notes that sleepiness due to ibuprofen can warrant a call to your doctor. According to pharmacist Laura Carr, "Many people report tiredness or fatigue as a side effect from their medicines. However, there are things you can do to minimize the feelings of daytime sleepiness [...It] may simply be a matter of adjusting the dose or changing the medication that's causing the drowsiness."
It also might not be the drug that's making you sleepy, but the pain you feel creates sleep quality issues. Per Carr, easing your sleepiness from ibuprofen might require a good night's sleep and avoiding substances that can cause tiredness, like alcohol.
Other common side effects of ibuprofen to watch for
Like any medication in your cabinet, ibuprofen is susceptible to a range of side effects. Just because you can buy it OTC doesn't mean it's safe for everyone. When ibuprofen inhibits COX from creating inflammation, it also affects the stomach's protective lining, states the Hospital for Special Surgery. Therefore, NSAIDs may cause nausea, vomiting, and indigestion. Long-term use of NSAIDs can also create a peptic ulcer due to the inhibition of the stomach lining, according to 2021 research in Clinical Medicine. Notify your doctor immediately if ibuprofen is causing indigestion and stomach issues that continue beyond a few days.
Ibuprofen also causes headaches and a feeling of dizziness, per the NHS. Combating a headache requires drinking plenty of fluids, avoiding alcohol, only taking the recommended dose, and avoiding frequent use, especially for those with a headache disorder. When dizziness strikes, take a seat until the feeling passes, and call your doctor if it lasts more than a few days. Dizziness can also be made worse by alcohol and caffeine, so it's best to avoid them.
Some people have an allergy to ibuprofen and NSAIDs, which can lead to a severe allergic reaction requiring immediate medical attention. Symptoms of a severe reaction include shortness of breath, swelling, hives, itching, excessive tiredness, and a fast heartbeat. Contact your healthcare professional immediately or rush to an emergency facility for any of these symptoms.
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ESSENTIALAI-STEM
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Dublin (California)
Dublin is a city of 65,000 people (2019) on the northern side of Alameda County, in California's East Bay region. It's an expanding city, constantly making its way into the golden-colored foothills of the Diablo Range on its eastern and western sides. While it doesn't have a historic district or any particularly notable tourist destinations, it's a pleasant place to visit, with some important positives that it shares with its neighbors.
Understand
Dublin is in the Tri-Valley and is 35 miles from San Francisco, but nonetheless has a surprisingly different climate than that city. Summers are hot, dry and windy. Dublin is on the Calaveras Fault, which is a minor fault line in the Bay Area that begins near Calaveras Reservoir to the south and travels north through Pleasanton and western Dublin.
The City of Dublin is at the northern end of Alameda County. Its northern boundary is also the boundary with Contra Costa County and is San Ramon's southern boundary.
History
In 1835, José María Amador received over 16,000 acres for his service as a Mexican soldier and in Mission San Jose where he was administrator. The valley where Dublin can be found, the Amador Valley, was named after him. Irish settlers bought land from Amador and founded a town fifteen years later.
The formerly rural community that Irish settlers had founded was transformed into a suburb when, in 1960, the first housing tracts were built in West Dublin. The city grew steadily from the early 1960s onward, and developed as both a residential and retail center. Dublin was incorporated in February 1982.
In the 1990s and 2000s, Dublin was the second fastest-growing city in California, behind only Santa Clarita. The population was about 46,000 at the time of the 2010 census.
Dublin is home to the headquarters for the companies CallidusCloud, Ross Stores, Tria Beauty, Medley Health, Challenge Dairy, and Arlen Ness. It was also formerly home to the headquarters of Sybase, which is now part of SAP SE. There are some historical sites at the junction of Dublin Boulevard and Donlan Way. This was in the past the northernmost segment of the main road to Sunol and Niles Canyon (present-day Foothill Road):
* The Murray Schoolhouse (established in 1856 with 50 pupils)
* Green's Store (opened in 1860), current home of the Dublin Church of Christ.
* The old cemetery was established in 1859, although people had been buried in the churchyard for years before 1859.
* Old St. Raymond's Church (built 1859), is listed on the National Register of Historic Places
Climate
The region's climate is Mediterranean, similar to that of its neighbors Pleasanton and San Ramon.
By car
I-580 goes along the southern boundary of the City of Dublin, while I-680 goes through the western section. There are also some major boulevards that go around the city; these boulevards mostly connect with Pleasanton roads to the south and with other towns, like San Ramon, to the north.
By BART
There are two BART stations: and. BART connects Dublin with the cities of Hayward, Fremont, Oakland, and San Francisco, along with several smaller cities as well.
By car
Dublin Boulevard, a generally east–west road running just north of Interstate 580, was a part of the Lincoln Highway and later U.S. Route 50. It leads west to Dublin Hills Regional Park and the Shaefer Ranch housing development.
Traveling around the city by car is the most practical method of getting around.
By bus
WHEELS is the local bus service, and it serves Dublin, Pleasanton, and Livermore.
Countryside
Large oak-dotted and grass-covered hills surround Dublin. These hills look green in winter and spring and appear golden in summer and fall. The higher hills in the area are covered with chaparral in places, while parts of the hills are considered to be a desert climate.
There is a lush, wooded canyon near Dublin Hills Regional Park, but most of the hills west and northeast of Dublin are quite dry. To the northeast of Dublin, however, there are some chaparral-covered slopes and Mount Diablo.
City
Because it grew little until the 1960s, Dublin does not have a historic downtown. Most of the amenities are in the numerous shopping malls around the city, and interesting sights are generally in the hills around the city.
Parks
There is one major regional park in Dublin and several city parks.
Buy
Since Dublin started to expand significantly, several shopping malls have appeared in the city. These include The Shops at Waterford, The Shops at Tralee Village, Grafton Station, Fallon Gateway, Persimmon Place, and Hacienda Crossings. Hacienda Crossings has several large stores. Whole Foods Market, Nordstrom Rack, Dick's Sporting Goods, HomeGoods, and a second Target location (in East Dublin), have all opened for business since the 1990s.
Go next
* Livermore is to the southeast and has a very different culture from Pleasanton, but one that is just as nice in its own way, with many hiking opportunities and wineries.
* Oakland is a much larger city than Pleasanton and Livermore and is the main city in Alameda County.
* Pleasanton is just south of Dublin and can be accessed on 680 South and several other local roads. It's only short drive away (on the other side of I-580) and is an interesting place to visit, with a colorful history and downtown.
* San Ramon and Danville are north of Dublin, and like their neighbors to the south, are separated from Oakland by a range of hills.
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WIKI
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Walter Hochmaier
Walter Hochmaier (born 28 September 1968) is an Austrian former professional footballer who played as a defender. He made three appearances for the Austria national team in 1994.
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WIKI
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Page:A Leaf in the Storm.djvu/201
burst of music or some chime of bells or some ripple of laughter on the air.
A hard life, sitting by one's self in a little dusky garret in the roof, and straining one's sight for two sous an hour, and listening to an old woman's childish mutterings and reproaches, and having always to shake the head in refusal of the neighbour's invitations to a day in the woods or a sail on the river. A hard life, no doubt, when one is young and a woman, and has soft shining eyes and a red curling mouth.
And yet Lili was content.
Content, because she was a French girl; because she had always been poor, and thought two sous an hour, riches; because she loved the helpless old creature whose senses had all died while her body lived on; because she was an artist at heart, and saw beautiful things round her even when she scoured her brasses and washed down her bare floor.
Content, because with it all she managed to gather a certain "sweetness and light" into her youth of toil; and when she could give herself a few hours' holiday, and could go beyond the barriers, and roam a little in the wooded places, and come home with a knot of primroses or a plume of lilac in her hands,
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WIKI
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Harry Birkhead
Harry Birkhead (1931-2013) was a South African philatelist who signed the Roll of Distinguished Philatelists of South Africa in 1982 and was a Fellow of The Royal Philatelic Society London. He was Honorary Life President of the Philatelic Federation of South Africa.
Harry was a specialist in the stamps and postal history of the Anglo-Boer War and the Rhodesias. His Rhodesian collection was sold by Christie's Robson Lowe in 1986.
Selected publications
* The wherewithal of Wolmaransstad, Philatelic Federation of South Africa, 1999. (With John Groenewald & Richard Stroud) ISBN<PHONE_NUMBER>
* The pseudo-siege of Schweizer-Reneke, Philatelic Federation of South Africa, 2005. (With John Groenewald) ISBN<PHONE_NUMBER>
* The riddle of Rustenburg, Philatelic Federation of South Africa, 2007. (With John Groenewald) ISBN<PHONE_NUMBER>
* The legacy of Lydenburg, Philatelic Federation of South Africa, 2009. (With John Groenewald) ISBN<PHONE_NUMBER>
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WIKI
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COOLDOWNS – THE LOW DOWN
You’ve probably heard that cooldowns are essential for several aspects of recovery, including injury prevention, decreasing symptoms of muscular soreness and preventing stiffness. They have been part of exercise routines for decades, but does research support the prominence that cooldowns are a given?
Cooldowns come in a variety of shapes and sizes, ranging from a quick stretch to full dynamic slowing down of moves similar to the ones you were doing during the session. In general, there are two types of cooldown: passive and active.
A definition of an active cooldown is: ‘an activity that involves, low-to-moderate intensity exercise or movement performed within one hour after training or competition1’.
Passive cooldowns are varied but involve little voluntary muscular movements and can include sitting, standing, lying rest, stretching, foam rolling, vibration therapy, cold/hot-water immersion, and compression garments (this list is not exhaustive).
Until recently there hasn’t been any comprehensive analysis of the benefit of active versus passive cooldowns. However, recently, an international team of researchers in The Netherlands and Australia took all of the existing research ever conducted about cooldowns, checked it for quality, and then reviewed all of the results. This new research paper reveals some pretty interesting findings.
DOES A COOLDOWN PREVENT STIFFNESS AFTER EXERCISE?
Muscle stiffness is a common phenomenon after training and is caused by a tightening of the muscular tissue and the tendons that connect the muscle to the bone, also called musculotendinous tissue. Like DOMS (see below) it can last for a few days after training.
The findings are unambiguous; all research conducted on this has concluded that an active cooldown makes no real difference to muscle stiffness after exercise. However, passive stretching (simply holding a stretch for 6-10 seconds) has been shown to decrease some symptoms of stiffness.
DOES A COOLDOWN REDUCE OR PREVENT DOMS?
DOMS stands for delayed-onset-muscle-soreness. It’s that “ache” that you may feel after a bout of heavy training, and generally comes 1-2 days after training, rather than instantly. It is caused by the by-products of muscle breakdown, which hang around in the muscle for a while after training, and generally take a few days for the body to get rid of (hence the soreness lasting for a few days).
Although some studies have shown that a cooldown can make the effects of DOMS more bearable in elite athletes, the majority of studies show that there is no difference in DOMS symptoms when you compare people who have cooled down against people who have not cooled down at all. In fact, some studies even suggest that a cooldown makes DOMS worse (due to the continuing usage and breaking down of muscle during the active cooldown period).
There is no evidence to suggest that stretching (before or after exercise) has any effect on DOMS at all.
IS CARB-REFUELING BENEFICIAL?
Carb-refueling is the idea that you benefit from eating carbohydrates as soon as possible after exercise and that an active cooldown while consuming carbs increases blood flow to the muscles. This allows them to take in the carbs and refuel quicker.
We know that glycogen is stored in the muscles and the liver, and both sets of stores go down during exercise as the body uses it as a fuel. Post-exercise carb-refueling (or post-exercise-muscular-glycogen-re-synthesis) is the process of the muscles refilling their stores of glycogen (carbs) after exercise.
While eating carbs soon after exercise is a proven way to restore glycogen levels in the muscles and liver, it turns out that the kind of cooldown you do makes little difference, although some evidence shows that an active cooldown could actually slow down this process.
DOES A COOLDOWN IMPROVE PERFORMANCE?
While some studies have found that doing an active cooldown can slightly increase subsequent performance (either the same day or next day), just as many studies have shown no real difference in performance, and some have even found decreases in performance. Although a reason for these conflicting results could be because of the differences between the methods of the studies, and it is clear that more research is needed, at this point the evidence suggests an active cooldown does not increase performance. It is worth noting that all of the performance-specific studies to date have been done on explosive high-intensity interval training, like LES MILLS GRIT, so these findings may not hold true for endurance athletes such as marathon runners.
THE BOTTOM LINE ON COOLDOWNS
Evidence suggests that a quick stretch is probably the only beneficial part of a cooldown, and some of the rest of the cooldown process may not assist recovery.
Despite this, many people just “feel better” psychologically after doing some kind of cooling down activity, which is largely down to the placebo effect. The placebo effect is well documented as something which can in itself, be hugely beneficial in all sorts of circumstances, so if you think a cool down helps you, there is every chance that it does.
Bryce Hastings, Les Mills Head of Research says enjoying the “feel good” benefits of cooldown is as easy as gradually reducing activity levels until the heart rate and breathing return to normal.
If the workout you’re doing doesn’t feature a structured cooldown, and you want to wrap up your exercise by bringing your heart rate down, you can have quick stretch of the major muscles (quads, hamstrings, hip flexors, calves, and chest), this will not only make you feel better, but may also help with stiffness too.
Hastings advises that if you really want your body to benefit from enhanced recovery and improved flexibility then a restorative workout such as BODYBALANCE is the way to go. A weekly BODYBALANCE session will help increase your flexibility and core strength, not to mention leave you feeling calm and strong.
WHAT YOU NEED TO KNOW ABOUT COOLDOWNS
• There is no evidence that a cooldown has any effect on DOMS (the muscle pain you may feel a day or two after training)
• A quick stretch is probably the beneficial part of a cooldown
• Simply holding a stretch for 6-10 seconds may decrease some symptoms of stiffness
• The feel good factor of doing some kind of cooling down activity can’t be underestimated
• A restorative workout such as BODYBALANCE is one of the most effective ways to enhance recovery and improve flexibility.
Mike Trott is as UK-based fitness professional who specializes in sports personality psychology and sports exercise physiology. He has conducted academic research into group exercise interventions and personality, exercise addiction, and foam rolling physiology, and is also a multi-award-winning Les Mills instructor, trainer and presenter.
Also in Fit Planet
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ESSENTIALAI-STEM
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Scailable.
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Custom model creation
Here we demonstrate the creation of custom ONNX models/pipelines for use within the Scailable ecosystem. If you are looking to export a model from your preferred training platform please look at the importing model pages.
Note that throughout this section we heavily rely on the open-source sclblonnx python package; you can find more examples in the sclblonnx git repository.
To exaplain how to build ONNX graphs from scratch that encode a pipeline (i.e., an AI model including potential pre- and post-processing) which can be deployed to any edge device running the Scailable AI manager.
We cover the following steps:
1. 1.
Basic background regarding the sclblonnx package.
2. 2.
Using sclblonnx to create an ONNX graph from scratch.
If you do not know the ONNX format, we encourage reading or our about ONNX page at this point.
1. Basic background regarding the sclblonnx package
Because at Scailable we use ONNX often, and because our use of ONNX models/pipelines almost always extends (far) beyond simply storing a fitted model in a single environment to use it in that exact same environment later on, we often find ourselves in the situation that we would like to create, inspect, alter, test, or merge existing ONNX graphs. For example, we often add image resizing to an existing vision model such that the resulting ONNX pipeline can be put into production for camera’s with different resolutions. However, in our view, the existing onnx.helper API is challenging to use. Thus, internally we have developed (and continuously trying to improve) a higher level API for the manipulation of ONNX graphs. This higher level tooling is openly available in the sclblonnx python package.
The source for the sclblonnx package can be found on git. Easy installation of the package can be done using pip.
In its bare essence, the sclblonnx package provides a number of high-level utility functions to deal with ONNX graphs. We try to use a consistent syntax which looks as follows:
# Importing the package
import sclblonnx as so
# Assuming we have a graph object g:
g = so.FUNCTION(g, ...)
Thus, we provide a number of functions to operate on a graph (and often alter an existing graph) which result in an updated version of the graph. Common functions are:
• add_node(g, node): Add a node to an existing graph (and yeah, obviously you can also delete_node(g, node)).
• add_input(g, input): Add a new input to an existing graph. You can also delete or change inputs.
• add_output(g, output): Add a new output to an exsiting graph.
• add_constant(g, constant): Add a constant to a graph.
• clean(g): Clean up the graph; this is rather important as often exported graphs are bloated or not fully consistent.
• check(g): Check whether the graph is valid, can be run, and can be deployed using Scailable (the latter you can turn off)
• display(g): Visually inspect the graph using Netron.
• merge(g1, g2, outputs, inputs): Merge two (sub) graphs into a single graph. E.g., add preprocessing to a trained model.
The sclblonnx git repository contains a large number of examples that should help you get started.
2. Using sclblonnx to create an ONNX graph from scratch.
Here we provide the syntax to use the sclblonnx package to create a super simple ONNX graph to add two scalars.
The code example provide here simply serves as a first example for the creation of an ONNX graph from scratch.
Note that the resulting graph cannot be deployed to the AI manager as it does not operate on an image input: the graph does not adhere to our ONNX requirements.
We start by creating an empty graph:
# Use the empty_graph() method to create a named xpb2.GraphProto object:
g = so.empty_graph()
Next, we add the Add node to the graph (you can find the list off all possible nodes, or ONNX operators) here).
# Add a node to the graph.
n1 = so.node('Add', inputs=['x1', 'x2'], outputs=['sum'])
g = so.add_node(g, n1)
By now we have a graph with a single computational operator called Add. The inputs and output of the add operator are named, but we have not specified their types yet. This is our next step:
# We should explicitly specify the named inputs to the graph -- note that the names determine the graph topology.
# Also, we should specify the data type and dimensions of any input.
# Use so.list_data_types() to see available data types.
g = so.add_input(g, 'x1', "FLOAT", [1])
g = so.add_input(g, 'x2', "FLOAT", [1])
# Similarly, we add the named output with its corresponding type and dimension.
# Note that types will need to "match", as do dimensions. Please see the operator docs for more info.
g = so.add_output(g, 'sum', "FLOAT", [1])
By now we have effectively created a fully functioning ONNX graph: we specified all our operators, and we have specified the inputs and outputs to the graph (including their types and dimensions).
Next, we provide a few options to check, clean, and inspect the resulting graph:
# so.check() checks the current graph to see if it matches Scailable's upload criteria for .wasm conversion.
so.check(g)
# Now, a few tricks to sanitize the graph which are always useful.
# so.clean() provides lossless reduction of the graph. If successful cleaned graph is returned.
g = so.clean(g)
# so.display() tries to open the graph using Netron to inspect it. This worsk on most systems if Netron is installed.
# Get Netron at https://github.com/onnx/onnx/blob/master/docs/Operators.md
so.display(g)
If the created graph g passes the so.check() function you can be pretty sure your ONNX graph is proper.
Note: The _sclbl_check argument of the so.check() function can be used to toggle whether or not you would like to check the graph for usage within the Scailable ecosystem.
After finalizing and checking the graph, its easy to test the resulting graph locally using the onnx runtime:
# Now, use the default ONNX runtime to do a test run of the graph.
# Note that the inputs dimensions and types need to match the specification of the graph.
# The outputs returns all the outputs named in the list.
example = {"x1": np.array([1.2]).astype(np.float32), "x2": np.array([2.5]).astype(np.float32)}
result = so.run(g,
inputs=example,
outputs=["sum"]
)
print(result)
Finally, a created graph can easily be stored:
# We can easily store the graph to a file for upload at http://admin.sclbl.net:
so.graph_to_file(g, "onnx/add-scalars.onnx")
After storing a complete graph, you can upload it to the Scailable platfrom by logging into your account at admin.sclbl.net and going to the "CREATE" tab.
After creating your ONNX file, and before uploading it to the Scailable platform, please check whether your ONNX file meets all the ONNX requirements imposed by the Scailable platform.
Note that the conversion of ONNX to SPMF is one-to-one: i.e., the output produced by the ONNX graph will exactly match the output produced be the AI manager when a model is deployed to any supported edge device.
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ESSENTIALAI-STEM
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Talk:TeX/begingroup
Not exactly the same as {}
I had a document with {..} somewhere, which compiled. When I replaced { with \begingroup and } with \endgroup it didn't work. Clearly \begingroup..\endgroup isn't exactly the same as {}. Bgeron (discuss • contribs) 15:03, 16 February 2016 (UTC)
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WIKI
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1945 Blacktown state by-election
A by-election was held in the state electoral district of Blacktown on 18 August 1945. The by-election was triggered by the death of Frank Hill.
Results
Frank Hill died. Preferences were not distributed.
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WIKI
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Talk:Ajwa (date)
Export market
It seems notable that the Kingdom of Saudi Arabia exports 100 tons of these dates per year. --DDlicious (talk) 22:17, 20 February 2024 (UTC)
* That export total is unsourced in the Arabic article and would need a WP:RS source here. Wikipedia is not a source for itself. Zefr (talk) 22:23, 20 February 2024 (UTC)
* I found the source for the 100 tons per year figure in the Arabic article, but that figure conflicts with the "thousands of tons" currently cited in the English article (from a different website). --DDlicious (talk) 00:39, 21 February 2024 (UTC)
blood==Nutrient content== I also added a Nutritional content section. -DDlicious (talk) 00:38, 21 February 2024 (UTC)
* The source you added does not report on nutrients other than a high iron content (from what the public URL shows), which conflicts with this USDA analysis. More importantly, the source wildly describes 'medicinal' values of the dates that would never stand to scientific scrutiny in reputable literature or here, WP:MEDRS. Zefr (talk) 02:43, 21 February 2024 (UTC)
* Thank you for the suggestion. I revised and re-added the Nutritional content section, using the USDA source you suggested instead. --DDlicious (talk) 00:41, 2 March 2024 (UTC)
heart magnesiumPregnancyGastrointestinal tract== Medicinal Benefits of Ajwa Dates ==
1. Improves Digestive Health, Relieves Constipation: Ajwa dates found in fiber help to clean out the gastrointestinal system the colon to work fast at greater levels of efficiency. Ajwa dates like reduces risks of bowel inflammation (colitis), colon cancer, and haemorrhoids.
2. Boosts Heart Health: Consist high fiber in addition to increase colon health fibre is also known to boost heart health.
3. Anti-Inflammatory: Ajwa dates are rich in magnesium and known for its anti-inflammatory benefits. Ajwa dates have some of the highest anti-inflammatory properties similar to commercial drugs like aspiring or ibuprofen.
4. Reduced Blood Pressure: Magnesium has been shown to help lower blood pressure and Ajwa dates are full of this mineral.
5. Reduced Stroke Risk: Researchers says stroke risk was reduced by 10% for every 100mg of magnesium a person consumes per day in daily life routine and balance of perfect diet.
6. A Healthy Pregnancy and Delivery: Consuming Ajwa dates in late pregnancy helps with labour progression and less need for artificially inducing labour and/or caesarean Tushartanwar11 (talk) 11:09, 25 June 2024 (UTC)
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WIKI
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Match Document Document Title
8713195 Method and system for streaming digital video content to a client in a digital video network
A technique for streaming digital video content to a client involves providing a new stream of digital video content to the client using forward error correction (FEC) for a limited initial period...
8713099 Push mechanism for efficiently sending aggregated data items to client
A server push model for client/server communications. The push architecture operates on top of a non-push (e.g., request/response) protocol (e.g., HTTP) to combine notifications from multiple data...
8711857 Dynamic facsimile transcoding in a unified messaging platform
Facsimile transcoding is dynamically invoked for devices that do not support T.38 fax protocol. In this way, a unified messaging platform can process facsimiles from endpoints that are not T.38...
8706857 Information processing apparatus, information processing method, data management server and data synchronization system
There is provided an information processing apparatus that is connected to a server for managing data, the information processing apparatus including a data storage configured to store the data...
8706853 Content processing apparatus, content processing method, and recording medium
A content processing apparatus includes an extracting part extracting undownloaded contents from a list of downloadable contents, a providing situation storage part that stores a providing...
8706841 Automatic selection of digital service feed
Methods and systems for presentation of content through an interface to provide personalized video feeds to a user. A user's interaction with Internet services automatically generates services...
8706894 System and method for providing content to a user
A system, method and a computer-readable medium having a computer-readable code embodied therein for providing content to a user, the method includes: generating, by a media provider, an...
8706897 Multiple control channels for multicast replication in a network
Network devices, such as a router and a downstream multicast distribution device, may use multiple control channels when setting up a multicast stream for a multicast request. For example, first...
8706893 Multimedia communication control unit as a secure device for multimedia communication between LAN users and other network users
A system and method for providing multimedia communication between a firewall protected, LAN based endpoint and an endpoint that is external to the LAN. A logical port of a multimedia...
8706812 Communication console with component aggregation
Systems methods and devices are provided for a presentation including a communications console with component aggregation. In one potential implementation, a computing device with an application...
8706896 Guaranteed bandwidth memory apparatus and method
Output logic generates read requests using a programmable schedule that controls read bandwidth for multiple data streams and stores the read requests in a queuing device. The output logic also...
8707349 Providing enhanced content
Methods, systems, computer readable media, and apparatuses for providing enhanced content are presented. Data including a first program, a first caption stream associated with the first program,...
8704873 Receiving stream data which may be used to implement both two-dimensional display and three-dimensional display
There is provided a stream receiving device including an information receiving unit for receiving stream control information for a 3D stream to be distributed from an exterior over a network, the...
8706902 Feedback-based internet traffic regulation for multi-service gateways
A method for regulating network traffic may be provided. The method may comprise: measuring usage of a CPU; determining if the CPU usage is greater than an overload threshold value; halting the...
8706895 Determination of quality of a consumer's experience of streaming media
A bit stream analyzer may detect a bitstream representing a streamed content file that is being streamed from a streaming server to a client over a network connection. An encoding rate extractor...
8706898 Navigating a video, a transcript of a dialog, and a histogram
A method and apparatus for navigating a media program via a searchable transcript of the dialog of the media program is disclosed. In one embodiment, a textural transcript of the dialog is...
8698640 Monitored weather and emergency alert system
A system for a monitored weather alert is provided. Weather and weather alert information comes from many sources and is consolidated by a remote computer and is output and displayed on printers,...
8700791 Synchronization of haptic effect data in a media transport stream
Haptic information in a series of frames of a media transport stream is identified and time stamps corresponding thereto are determined in accordance with a master time code signal embedded in the...
8700731 System and method for aggregating and providing audio and visual presentations via a computer network
A method for providing content via a computer network and computing device, which may include: storing data associated with and indicative of a plurality of presentations; receiving a request to...
8701017 System and method for representation of presentity presence states for contacts in a contact list
A presence system is provided with a communications device associated with a presentity that is capable of displaying a respective presentity presence state indicating a respective availability of...
8700772 System and method for automating the management, routing, and control of multiple devices and inter-device connections
A system and method for managing, routing and controlling devices and inter-device connections located within an environment to manage and control the environment using a control client is...
8699522 System and method for low delay, interactive communication using multiple TCP connections and scalable coding
Systems and methods for communication of scaleable-coded audiovisual signals over multiple TCP/IP connections are provided. The sender schedules and prioritizes transmission of individual...
8700796 MAC data service enhancements
Wireless video transmissions over a MAC layer employ various techniques to improve throughput which may negatively impact latency, such as Block-ACK and data aggregation. To improve latency while...
8699878 Multi-chassis device with multiplexed optical interconnects
A multi-chassis network device includes a plurality of nodes that operate as a single device within the network and a switch fabric that forwards data plane packets between the plurality of nodes....
8700736 System for providing related content, method for providing related content, service server, end terminal, and storage medium
A system and method for providing a related content and a service server, an end terminal, and a storage medium wherein the system comprises a first end terminal connected to a mobile...
8700740 CE device and content browsing system, and content browsing method thereof
A content browsing method includes: a step where a CE device transmits an HTTP request including ability data concerning the CE device to a GUI distribution server; a step where the GUI...
8700797 Apparatus and method for providing smart streaming service using composite context information
There is provided an apparatus for providing a smart streaming service connected to a plurality of unit services each providing a unit service through a network including: a service route selector...
8700794 Channel adaptive video transmission method, apparatus using the same, and system providing the same
A video transmission method is provided, which includes receiving state information from at least one mobile terminal that intends to perform a video stream service through a wireless network,...
8701175 Methods, devices, systems and computer program products for providing secure communications between managed devices in firewall protected areas and networks segregated therefrom
Methods, devices, systems and computer program products for providing secure communications between managed devices in a firewall protected area defined by a firewall and a network management...
8700792 Method and apparatus for expediting delivery of programming content over a broadband network
A method is provided that is performed by a client device such a set top box when a viewer requests a program by initiating a channel change from a program guide or entering a channel through the...
8700795 Internet radio and broadcast method
Data streams are generally selected according to user preferences and transmitted to the user in general alignment with expressed preferences of the user. Such data streams may be music, including...
8700703 Contents server and contents server system
The present invention relates to a communication system, and the invention specifically provides a contents server that appropriately stores media contents from group users in a PoC Service and a...
8700793 Method, apparatus and computer program product for service decomposition in IP-broadcast networks
In a method, an apparatus and a computer program product for service decomposition in IP-broadcast networks, a full service bundle is detected within a first transport stream protocol having a...
8693484 Method and system for providing directory services by a gateway for peer-to-peer communications
A broadband gateway, which enables communication with a plurality of devices and handles at least one physical layer connection to at least one corresponding network access service provider, may...
8694667 Video data filtering method and system
A filtering method and system. The method includes receiving by a computer processor an audio/video data file and filtering data. The computer processor analyzes the filtering data with respect to...
8694576 Event processing
A method, a system and a computer program for parallel event processing in an event processing network (EPN) are disclosed. The EPN has at least one event processing agent (EPA). The method...
8694668 Streaming media software interface to a dispersed data storage network
A client computer streams a digital media presentation from a dispersed data storage network including a plurality of slice servers. A dispersed data storage network access component streams data...
8694666 Personalized streaming digital content
A method for generating personalized streaming content, the method including the steps of analyzing a digital library of a user associated with a user account, generating recommended digital media...
8694669 Method and apparatus for improving the quality of multimedia streaming service
In an apparatus for providing a multimedia streaming service, a server transmits a Media Presentation Description (MPD) including information about media data to a client, receives a partial...
8694613 Client device, information processing method, and information processing system
There is provided a client device including a storage section which stores content data, a control section which acquires content identification information for identifying the content data stored...
8694665 System and method for embedding supplementary data into digital media files
A novel process and system for flexibly adding supplemental digital program content such as, for example, transactional advertising content, games, polls, contests, interactive music videos, and...
8694670 Time synchronization of multiple time-based data streams with independent clocks
Techniques are described for synchronizing multiple time-based data streams with independent clocks wherein relationships between clock rates of timing devices associated with the time-based data...
8688766 Method for managing the allocation of data into a peer-to-peer network and peer implementing such method
A method and apparatus to manage allocation of data to peers in a peer-to-peer network, where the peers in the peer-to-peer network use distributed hash tables for addressing the peers, the peers...
8688850 Method for inter-site data stream transfer in cooperative data stream processing
A cooperative data stream processing system is provided that utilizes a plurality of independent, autonomous and potentially heterogeneous sites in a cooperative arrangement to process...
8688851 System and method for controlling synchronization of media and multi-devices for single-media multi-device media service
Provided is a system and method for controlling synchronization of media and multi-devices for an SMMD media service. The system includes a metadata managing unit and a synchronization controlling...
8689267 Variable bit video streams for adaptive streaming
One embodiment of the present invention sets forth a technique for adapting playback bit rate in a content delivery system based on scene complexity of the video content as well as network...
8689313 Real time streaming data communications through a security device
An exemplary method of the invention is for connecting a plurality of clients to one another over a computer network for communication of real-time streaming data to one another, with at least one...
8688991 Media player embodiments and secure playlist packaging
A system identifies a playlist comprising at least one reference to content. The system provides a digital signature to the playlist. The digital signature links the playlist to a creator of the...
8689269 Insertion points for streaming video autoplay
Techniques are described for presenting streaming media content to users in an engaging manner. A streaming media player may provide an interface that allows users to browse though a collection of...
8688852 Support for interactive playback devices for performance aware peer-to-peer content-on-demand
A method and apparatus are described comprising detecting a playback operation, determining a target playback point for the playback operation and detecting a sub-clip type into which the target...
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ESSENTIALAI-STEM
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Aprominta pannosella
Aprominta pannosella is a moth of the family Autostichidae. It is found in Greece.
The wingspan is 15–17 mm. The ground colour of the forewings is dull whitish, sprinkled with black scales.
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WIKI
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Eudarluca
Eudarluca is a genus of fungi in the family Phaeosphaeriaceae. The genus was circumscribed by Italian-born Argentinian botanist and mycologist Carlo Luigi Spegazzini in 1908, with Eudarluca australis assigned as the type species.
Species
As accepted by Species Fungorum;
* Eudarluca australis
* Eudarluca biconica
* Eudarluca brenesii
* Eudarluca caricis
* Eudarluca connata
* Eudarluca indica
* Eudarluca mycophila
* Eudarluca quinqueseptata
* Eudarluca venezuelana
Former species; E. caricis var. indica = Eudarluca indica
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21
votes
5answers
2k views
Can a program tell it is being run under sudo?
I have a program that should behave differently if it is being run under "sudo". Is there a way it can find out if it was run under sudo? Update: Someone asked why would I want to do this. In this ...
4
votes
1answer
174 views
sudo: How to allow only one argument to a command?
I want to add an entry to my suoders to allow one user to run a command with exactly one non-option argument. # tail -1 /etc/sudoers ALL ALL = (:tool) NOPASSWD: /bin/echo [a-z]* $ sudo -g tool ...
0
votes
2answers
215 views
CentOS lost Root Access
For some reason I cannot access my root user via SSH. It displays the error on login: could not open session. However I happen to have another user account that is a normal non-sudo user. Is there ...
-1
votes
1answer
53 views
running script containing sudo in cron [duplicate]
#!/bin/bash value=$(<man.txt) echo "$value" if [ "$value" == "true" ]; then echo "startedif_manthan" ps -ef|grep sym |awk '{ print $2 }'|sudo xargs kill -9; sleep 30; sudo sh ...
1
vote
1answer
105 views
sudoers entries
Is there a way to have a sudoers entry that allows executing of only a particular command, without any extra arguments? I can't seem to find a resource that describes how command matching works with ...
0
votes
1answer
245 views
Unable to change user password on AWS using `passwd` command
I am using Amazon's AWS insances running CentOS. I was trying to create a user with SUDO privilege and then disable the Root login to secure the systems. I have already done the required to bring this ...
1
vote
4answers
612 views
Is sudo command restriction in /etc/sudoers secure?
I try to restrict a backup daemon's user (that needs root access to client machines) so that it can only use the one command it needs. Thus, in /etc/sudoers, I use daemonuser ALL=NOPASSWD: ...
6
votes
2answers
808 views
Why can the root user edit read-only files, but a regular user with sudo access can't?
If you try to append to a file with no write permissions (say, the /etc/sudoers file which is is owned by root and has 0440 permissions), if you're the actual root user, this works. However, if you're ...
1
vote
2answers
585 views
Visudo All Password Less Access to Script (Visudo + Cron)
I want my user 'dave' to be able to run a bash script without entering a password, so the script can run with crontab? For all other activities I'd like this user to be required to enter a password ...
0
votes
1answer
585 views
Change primary group with sudo (-u) -g
I would like to run commands on an AIX system with sudo -i instead of just sudo. This way I can make sure that any environment settings like umask will be those of the user I'm running the command as. ...
1
vote
3answers
260 views
UNIX User Account to Restricted SysAdmin (User/Printer Admin only)
I'd like to know if there is a way for a user account to be enabled or elevated to carry out system admin tasks WITHOUT having to use the root account or sudo. Goal here is to allow a user account to ...
5
votes
2answers
2k views
should use sudo or just su root in server management?
Which approach is better? For desktop usage, it seems that sudo is better since: I can have a more consistent history as a normal user Don't need to remember two passwords, which is especially ...
3
votes
1answer
215 views
Flexible sudo access
I want to be able to give a user on a system I administrate the ability to access file X, using command Y using sudo. Is there a way to do this while allowing some flexibility over the arguments to ...
0
votes
4answers
487 views
To understand sudo and “.”
I am reading MySQL's manuals. They suggest me that the command cd /usr/local/mysql sudo ./bin/mysqld_safe // it seems that sudo = . + master rights is the same as . ...
3
votes
8answers
2k views
Linux - use “su -” but keep the current directory
When I do su - to get to root, my current directory is set to root's home. Is there anyway to keep the current directory that I was in, much like sudo -s. Or is the answer to use sudo?
35
votes
2answers
4k views
Why do I have to edit /etc/sudoers with visudo?
I've noticed that the sudoers file and cron config files act in a special way compared to other config files on Linux. They need to be edited with a special wrapper rather than any text editor. Why is ...
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Page:History of the French in India.djvu/638
612 INDEX PAR retire, 210. Sent to fortify Ariakupum 216. Appointed chief engineer at Pondichery, 21 7. Heads a sortie and is killed, 223. Pardaillan, M. de, attacks Mane, 62. Takes it, 65 Partab Singh, his lineage, 74. Becomes Raja of Tanjur, 79. Makes over Karikal to the French, 79. And Devikota to the English, 244. At- tacked by Chanda Sahib, 247. His wiliness, 247. Attacked by Lally, 519-22. Pereira, M., his operations at Karikal, 78 Peyton, Commodore, fights La Bourdon- nais and is repulsed, 126. Sails to Trinkamali, 126. Abandons Madras, 144 Pigott, Mr., succeeds Saunders as Go- vernor of Madras, 448. Appoints Colonel Lawrence to command during the siege, 530 Pitt, Mr. Thomas, Governor of Madras, demand made upon, 140. Forced to comply, 141 Pocock, Admiral, engaged in the opera- tions against Chandranagar, 470. Sails from Madras, 513. Beats d'Ache, 514. Again, 516. Again, 551 Pondichery, founded by Martin, 23. Threatened by Sivaji, 25. By the Dutch, 26. Captured, 28. Kestored. 34. Fortified, 34. Becomes the seat of the French Government, 35. De- scription of, 36. Its declension under the successors of Martin, 41. Reduced to financial extremities, 57. Further account of, 60. Its fortifications strengthened, 81. Visited by Safdar Ali and Chanda Sahib, 86. Its state on the arrival of Dupleix, 98. Its new defences, 217. Besieged by Admiral Boscawen, 223. Who raises the siege, 224. Grand Darbar held at, 272. Be- sieged by Colonel Coote, 564. Storm in the roadstead of, 568. Surrender of, 571. Fate of the garrison of, 575. Its surrender,the doom of the French, 578 Poadichery.Council of, how constituted, 60. Appealed to by La Bourdonnais, 135. Its reply, 136. Serves a sum- mons on La Bourdonnais, 138. Ap- points a Council for Madras, 163. Supersedes La Bourdonnais by Des- pr6mesnil, 164. Replies to La Bour- donnais' letters. 175. Sends sealed orders to Dordelin, 183. Refuses to entertain the new scheme of La Bour- SAF donnais, 183. Dealings of with Lally 510 and onwards. Portebarre, M. de la, takes the French squadron to Madras and returns, 137. His want of skill, 143. Preston, Captain, commands at Chcngal- pat, 531. Operates against the French before Madras, 538 Provostiere, M. de la, Governor of Pon- dichery, 56 RAGUJI Bhonsla, invades the Kar- natik, 79. Threatens M. Dumas, 84. Moves suddenly on Trichinapalli, 88. Defeats Bara Sahib and takes it, 89. Threatens Dumas, 89. His wife's love of Nantes cordials, 91. He retires, 92. Engages to support Ghazu-d-dm, 367. Agrees to retire beyond the Waingangd, 369 Ragunath Dass, Dawan of the Subadar, is assassinated, 363 Rajamabendri, ceded to the French, 379 Raju Sahib, moves upon Arkat, 295. Proposes to Clive to surrender, 290. Assaults Arkat, 297. Is repulsed and retires, 297. Defeats the Marathas and is beaten by Clive, 302. Beaten again, 305. Is disgraced by Dupleix, 307. Is too slothful for the views of Dupleix, 337 Ramchandr Jadao, gained overbyBussy, 487. Feigns action against Law, 48JJ Ram Raja, his reply to the Dutch over- tures, 27 Renault, M. de St. Germain, Chief of Chandranagar, 457. Invited to join the Subadar against the English, 459. Proposes neutrality to the English, 459. His surprise at their conduct, 463. Defends himself with vigour, 464. Surrenders Chandranagar, 46?. Surrenders Karikal and is cashiered, 563 note Richelieu, Cardinal de, forms a new Company of the Indies, 8 Rouen, two merchants of, begin the trade to the Indies, 5. Two others amalgamate with the Company, 6 Ryswick, effects of the treaty of, 34 SAFDAR ALI, his character, 73. Com- mands an expedition against Tri- chinapalli, 73. His dilatoriness, 81. Sends his mother to Pondichery, 83. Visits Pondichery, 87. Grants privi- leges to M. Dumas, 88. Proceeds
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WIKI
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1000 Songs/Sweet hour of prayer (William Bradbury)
Sweet hour of prayer (William Bradbury)
1000 Songs
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WIKI
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MarketAxess Announces Monthly Volume Statistics for June 2016
NEW YORK, July 05, 2016 (GLOBE NEWSWIRE) -- MarketAxess Holdings Inc. (Nasdaq:MKTX), the operator of a leading electronic trading platform for fixed-income securities, and the provider of market data and post-trade services for the global fixed-income markets, today announced total monthly trading volume for June 2016 of $118.5 billion, consisting of $64.1 billion in U.S. high-grade volume, $48.4 billion in other credit volume, and $6.0 billion in liquid products volume. U.S. high-yield, emerging market and Eurobond volumes represented approximately 31.2%, 41.4% and 26.9%, respectively, of the total trading volumes of the other credit category. MarketAxess is providing both the reported and adjusted estimated U.S. high-grade TRACE volumes on its website. The Company believes that the adjusted estimated volumes provide a more accurate comparison to prior period reporting. This data can be accessed on MarketAxess’ website at investor.marketaxess.com/volume.cfm This press release may contain forward-looking statements, including statements about the outlook and prospects for Company and industry growth, as well as statements about the Company’s future financial and operating performance. These and other statements that relate to future results and events are based on MarketAxess’ current expectations. Actual results in future periods may differ materially from those currently expected or desired because of a number of risks and uncertainties, including: the volatility of financial services markets generally; the level of trading volume transacted on the MarketAxess platform; the absolute level and direction of interest rates and the corresponding volatility in the corporate fixed-income market; the level and intensity of competition in the fixed-income electronic trading industry and the pricing pressures that may result; the variability of our growth rate; the rapidly evolving nature of the electronic financial services industry; our ability to introduce new fee plans and our clients’ response; our exposure to risks resulting from non-performance by counterparties to transactions executed between our clients in which we act as an intermediary in matching back-to-back trades; our dependence on our broker-dealer clients; the loss of any of our significant institutional investor clients; our ability to develop new products and offerings and the market’s acceptance of those products; the effect of rapid market or technological changes on us and the users of our technology; our ability to successfully maintain the integrity of our trading platform and our response to system failures, capacity constraints and business interruptions; our vulnerability to cyber security risks; our ability to protect our intellectual property rights or technology and defend against intellectual property infringement or other claims; our ability to enter into strategic alliances and to acquire other businesses and successfully integrate them with our business; our ability to comply with new laws, rules and regulations both domestically and internationally; our ability to maintain effective compliance and risk management methods; the strain of growth initiatives on management and other resources; our future capital needs and our ability to obtain capital when needed; limitations on our operating flexibility contained in our credit agreement; and other factors. The Company’s actual results and financial condition may differ, perhaps materially, from the anticipated results and financial condition in any such forward-looking statements. The Company undertakes no obligation to update any forward-looking statements, whether as a result of new information, future events or otherwise. More information about these and other factors affecting MarketAxess’ business and prospects is contained in MarketAxess’ periodic filings with the Securities and Exchange Commission and can be accessed at www.marketaxess.com. MarketAxess maintains its headquarters in New York and has offices in London, Boston, Chicago, Los Angeles, Miami, Salt Lake City, San Francisco, São Paulo, Hong Kong and Singapore. For more information, please visit www.marketaxess.com. Investor Relations Contact:Tony DeLiseMarketAxess Holdings Inc.+1-212-813-6017tdelise@marketaxess.comMedia Relations Contacts:Mary SedaratMarketAxess Holdings Inc.+1-212-813-6226msedarat@marketaxess.comDiana BhaktulMarketAxess Holdings Inc.+1-212-813-6354dbhaktul@marketaxess.comWilliam McBrideBryant Park Financial Communications+1-917-239-6726bill@bryantparkfc.com Source:MarketAxess Holdings Inc.
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NEWS-MULTISOURCE
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Is Delaware really the first state?
The Dates. 1704, the year that Delaware established its General Assembly; 1776, the year that our independence from Great Britain was declared; and 1787, the year that Delaware became “the First State” by being the first colony to ratify the United States Constitution.
What number state is Delaware?
|Before statehood||Delaware Colony, New Netherland, New Sweden|
|Admitted to the Union||December 7, 1787 (1st)|
When did Delaware become a free state?
Delaware declared its independence from Great Britain on June 15, 1776 and thereby also became independent of Pennsylvania with which it had been connected since 1682. Delaware was the first to ratify the U.S. Constitution and thus became known as the “First State.”
What was Delaware called before it was Delaware?
The colony of Delaware. The Dutch founded the first European settlement in Delaware at Lewes (then called Zwaanendael) in 1631. They quickly set up a trade in beaver furs with the Native Americans, who within a short time raided and destroyed the settlement after a disagreement between the two groups.
Where did the people in Delaware come from?
At least 11,500 years ago people were living in the area now called Delaware. They’re thought to have come from Asia by way of a land bridge that’s now underwater. Thousands of years later Native American tribes including the Lenni Lenape and the Nanticoke lived on the land.
When was slavery ended in Delaware?
While Lincoln’s 1863 Emancipation plan freed the slaves in the rebellious states, those in border states like Delaware were not affected until the passage of the Thirteenth Amendment in December 1865. Delaware slaves were finally free.
How long did Delaware have slavery?
The gesture proved futile when other states ratified the amendment, which took effect in December 1865 and thereby ended slavery in Delaware. In a symbolic move, Delaware belatedly ratified the amendment on February 12, 1901 – 35 years after national ratification and 38 years after Lincoln’s Emancipation Proclamation.
How many slaves did Delaware have?
Delaware was technically a state where slavery was legal, but the institution was not widespread. In 1861, there were some 20,000 Black people living in the state. About 1,800 of them were enslaved. Most of the enslaved people were concentrated in Sussex, the southernmost of the state’s three counties.
What happened to Caesar Rodney after signing the Declaration of Independence?
Rodney was a signer of the Declaration of Independence who would go on to be President of Delaware from December, 1777, to November, 1781. Rodney had been away from Congress because his role as a Brigadier General in the Delaware militia, forced him back to Delaware to squelch a Loyalist riot.
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FINEWEB-EDU
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-- Gamma Says No Spyware Sold to Bahrain; May Be Stolen Copy
Gamma International GmbH’s managing
director said his company didn’t sell its FinFisher spyware to
Bahrain , responding to research that showed activists from the
Persian Gulf kingdom were targeted by what looked like the
software, which can secretly monitor computers. The Munich-based executive, Martin J. Muench, said he’s
investigating whether the malicious software sent to activists
was a demonstration copy of the product stolen from Gamma and
used without permission. “As you know we don’t normally discuss our clients but
given this unique situation it’s only fair to say that Gamma has
never sold their products to Bahrain,” Muench said in an e-mail
today. He was responding for the first time to a July 25 report by
Bloomberg News that said researchers believe they’ve identified
copies of FinFisher , based on an examination of the malware e-
mailed to Bahraini activists. Their research, published the same
day by the University of Toronto Munk School of Global Affairs’
Citizen Lab, was based on e-mails obtained by Bloomberg News. Muench said his company can’t yet confirm whether the
software analyzed by Citizen Lab is Gamma’s product. FinFisher Portfolio Gamma International GmbH in Germany is part of U.K.-based
Gamma Group. The group also markets FinFisher through Andover,
England-based Gamma International UK Ltd. Muench, 30, leads the
FinFisher product portfolio. The Citizen Lab research linked the malware sent to pro-
democracy activists to FinSpy, part of the FinFisher spyware
tool kit. It can secretly take remote control of a computer,
copying files, intercepting Skype calls and logging every
keystroke. Based on details published by Citizen Lab, “it is unlikely
that it was an installed system used by one of our clients but
rather that a copy of an old FinSpy demo version was made during
a presentation and that this copy was modified and then used
elsewhere,” Muench wrote in his e-mail. “The modification meant that there was no message sent to
our server when the demo product was used against a real
target,” he said. An unaltered demo would have sent a message
to Gamma, and the company would have been able to deactivate
that copy of the software, he said. “I can speculate that probably the demonstration version
may have been stolen using a flash drive but I have no evidence
to support this,” Muench said. He added that Gamma will tighten
its security during presentations. The Citizen Lab research showed the malware took screen
shots, intercepted voice-over-Internet calls and transmitted a
record of every keystroke to a computer in Manama, the capital
of Bahrain, which has been gripped by tension since a government
crackdown on protests last year. Muench said the transmissions to Bahrain don’t mean the
computer ultimately receiving the data is in that country. “It could simply be a proxy server, which most of our
clients setup around the world to anonymize the created network
traffic,” he said. He said in the e-mail that Gamma complies with the export
regulations of the U.K., U.S. and Germany. To contact the reporter on this story:
Vernon Silver in Rome at
vtsilver@bloomberg.net ; To contact the editor responsible for this story:
Melissa Pozsgay at mpozsgay@bloomberg.net
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NEWS-MULTISOURCE
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Gadzhimurat Kamalov
Gadzhimurat Magomedovich Kamalov, (Хаджимурад Магомедович Камалов; 11 February 1965 – 15 December 2011) was a Russian investigative journalist and the owner of Svoboda Slova (translated as "Freedom of Speech"), the media company that published the newspaper Chernovik.
Kamalov was shot dead in an apparent assassination as his name had been put on a hit list for his reporting on Muslim rebel activity in the Republic of Dagestan, and he had been well known for his reporting on corruption. His death had a chilling effect on other journalists.
Personal life
Gadzhimurat Kamalov, an ethnic Avar, was born in the village of Sogratl, in the Gunibsky District of Dagestan, Russia. He was married and had one child. His uncle, Ali Kamalov, was the chair of the Union of Journalists in Dagestan at the time his nephew was killed.
He was educated in engineering at the Dagestan Polytechnic Institute in 1982 and later at the Leningrad Technical University in 1990.
Kamalov began his journalism career by working at the New Business (Russian: Новое Дело). After founding a major newspaper in Dagestan, he served as press secretary for President Mukhu Aliyev, whose term lasted from 2006 to 2010. Kamalov was also a member of the president's Council of Economic Advisers under President Magomedsalam Magomedov.
Work
On 19 August 2003, Kamalov founded the newspaper Chernovik (Черновик, which translates as "Rough Draft"), which was well known for investigating government corruption in Dagestan.
The most controversial article published in Chernovik was "Terrorist No. 1", which included quotes from Rappani Khalilov, in July 2008, and that led to a legal case between the government and Chernovik that lasted until May 2011. Khalilov was killed on 18 September 2007 before the article was published. He had been sought after as a high-profile terrorist target because of his involvement in the 1999 raid from Chechnya into Dagestan and a 2002 bombing that killed 40 people. The editor of Chernovik was called to the prosecutor's office and warned before charges were filed.
According to Nadira Isayeva, the editor-in-chief of Chernovik at the time it published the Khalilov article and during its legal struggles, "Khadzhimurad had many enemies. He wasn't afraid to spell out his motto: 'A newspaper does not need friends.' He was not without an element of the cavalier. He could go off for some meeting with some frostbitten bandits and come back unharmed. He loved investigating corruption. Many of those exposed by his revelations – senior civil servants, police officers and staff at the prosecutor's office – had criminal pasts, and presents. Some were dangerous and not afraid of killing. Often there were confrontations with the heads of Dagestan's municipalities, many of whom are bandits."
Biyakai Magomedov, the current editor of Chernovik, said, "The corrupt structures have been afraid of us. [...] They couldn’t defeat us in courts, because we won practically all the cases." The main case against Chernovik had ended in acquittal on 19 May 2011.
At one point, when Chernovik lost its financial backers, Kamalov took out loans using his flat as collateral, despite the fact that his wife and child lived there. He also would sell off office equipment, until he finally found new backers.
As the owner, Kamalov did not interfere with the editorial content of the newspaper and he encouraged his journalists to report the truth, according to accounts by Mairbek Agayev, a political columnist for Chernovik, and Mahir Pashayev, a business and economics reporter. "It is the only newspaper without any censorship," said Pashayev.
Media source
Besides being behind the news, Gadzhimurat Kamalov was often called on to be a source for media outlets who were looking for an expert to analyze the deteriorating situation in Dagestan.
Ekho Moskvy radio, Moscow, 8 July 2005
* [Kamalov]: "Neither the opposition, nor the Republic of Dagestan's official regional authorities, will be able to sort this situation out [... ] I can tell you that the people are increasingly going to the mosques already with the fully conscious understanding that the laws of the Russian Federation cannot operate in the Republic of Dagestan, but that the alternative traditional laws work. To be more exact, those with a basis in Shar'iah law work. And so the number of people with such an understanding of legislation and law-enforcement is increasing. And neither the opposition, nor the regional authorities, faced with this fully formed third force are able to handle this."
Kamalov questions security operation
On 28 June 2008, Kamalov told Ekho Moskvy, Moscow, that the security forces had killed three people who were not militants but one was a university educator whom Kamalov knew. Kamalov said, "A knock on the door [...] is considered a dangerous thing here. Here everybody is afraid of the police. He once told me that if at any time they would come to his place, he would refuse to open the door. It was precisely because he was afraid of an unauthorized search of his flat that [he] must have refused to open the door to them. Thus, they had a justification to storm the flat." The same account was published in print.
Activism
On 26 September 2005, Gadzhimurat Kamalov organized an unprecedented protest in Makhachkala against the action of the Federal Agency for the Press and Mass Communication to stop the printing and distribution of issues of the Chernovik. Fifty journalists and supporters participated in the protest.
On 25 November 2011, Kamalov led a protest of somewhere between 3,000 and 5,700 participants against the unlawful use of force and the disappearance of civilians allegedly by security forces, an issue on which Chernovik has focused.
Death
Kamalov was shot eight times as he was exiting Chernovik's headquarters on Magomed Hajiyev Street in Makhachkala, Dagestan, a Russian province in the north Caucasus region, around 11:45 p.m., 15 December 2011. The gunman was masked, shot 14 rounds in total, and sped away from the scene of the crime in a black Lada Priora. Kamalov had previously received death threats in September 2009 when he was one of eight journalists included in a hit list distributed anonymously in Makhachkala. The list claimed to be seeking revenge for the deaths of police and civilians during Dagestan's unrest. Kamalov may have been included for his sympathetic portrayals of rebel fighters.
Hundreds attended Kamalov's funeral.
Reactions
Tanya Lokshina, deputy director of Human Rights Watch in Moscow, said: "Kamalov's death is terrible and it will have a monstrous effect on the free press in Dagestan. He had many enemies because of Chernovik's searching reports on corrupt businesses and the transgressions of the local siloviki [law enforcement bodies]." Lokshina blamed the murder on the Russian authorities' governing of the region: "Even if there was a personal aspect to his murder then it became possible because of the atmosphere of complete impunity which the Russian authorities have allowed to flourish there."
The New York-based Committee to Protect Journalists said that the "murder of Gadzhimurat Kamalov [...] is a lethal blow to press freedom", adding that his murder was "a massive loss for independent journalism in the North Caucasus, Russia's most dangerous place for reporters". The CPJ had already awarded its press freedom award in 2010 to Chernovik former editor Nadira Isayeva, and the newspaper's reputation for modern muckraker journalism was well known outside of the North Caucasus.
The United Nations Office of the High Commissioner for Human Rights and UNESCO both called for a credible investigation into the Kamalov assassination. Irina Bokova, the director-general of UNESCO, said, "Fear must not be allowed to muzzle media professionals, deny reporters the basic human right of freedom of expression and bar citizens from accessing information."
Magomedsalam Magomedov, president of Dagestan, said: "He always came out for unity and peace, and carrying out dialogue [...] This is a big loss not just for journalists, but for the whole republic." The president's office officially took control over the murder investigation.
Saygidpasha Umakhanov, a prominent mayor in Dagestan, said, "[Gadzhimurat] was indeed an independent and honest journalist. It's impossible to find another like him.... His numerous friends and the healthy forces in society will do everything to find the killer. [But for that] we really need to be united."
Impact
Yulia Latynina, an expert on the Caucasus region, said, "Just as [Anna] Politkovskaya's death meant the loss of information about Chechnya, Kamalov's death will mean that to a large extent we will stop to understand what's going on in Dagestan. People will simply be scared to write anything."
Context
According to the BBC, assassination in Dagestan has become routine as the levels of violence in the autonomous Republic of Dagestan have risen. The republic is seated between the Caspian Sea and Chechnya. Whereas in Chechnya, rebels have been advocating independence from Russia, in Dagestan the conflict with the rebels is described as more diffuse. Dagestan is a muli-ethnic country with Avars being the largest among them. The majority of citizens practice Sufi Islam but younger people are attracted to the Salafist brand of Islam. The mafia is active throughout the country and use violence, kidnapping and murder to intimidate victims. The security forces in the country are visible and also use violence to achieve their goals. The problems of Chechnya have spilled over into Dagestan since war broke out there in the early 1990s and the struggle with Dagestan's Muslim rebels has been going on since that time. In the last years, the situation has become more intense. The problems feeding the violence in Dagestan are therefore a diffuse blend of ethnic, religious, generational, criminal, and authoritarian causes.
Dagestan's press is described by both BBC News and Reporters Without Borders as "pluralistic," but the availability of many sources has not lowered tensions. Dunja Mijatovic, who is the Organization for Security and Co-operation in Europe Representative on Freedom of the Media, said, "Daghestan and the Northern Caucasus are known to be among the most dangerous places in the world for journalists." Press freedom organizations, such as the Committee to Protect Journalists (CPJ) and Reporters Without Borders, have called for the immediate investigation of Kamalov's murder. Russia, however, is on the CPJ's list of the top 10 countries with the worst records of impunity in the killing of journalists. From 2000 until the time of Kamalov's death, Russia has accrued 18 unsolved cases of murders of journalists, according to the CPJ. CPJ lists three journalists from Dagestan before Kamalov who have been killed since 2000 in Makhachkala:
* Malik Akhmedilov, the daily editor of the Hakikat (Translated: The Truth), was killed on 11 August 2009.
* Abdulla Alishayev, a TV host on TV-Chirkei, was killed on 2 September 2008.
* Magomedzagid Varisov, the editor of Novoye Delo, was killed on 28 June 2005.
Other journalists who were killed but were unconfirmed by CPJ:
* Gadzhi Abashilov, the head of Dagestan's state broadcasting company, was killed in Makhachkala on 21 March 2008.
Additionally, Reporters Without Borders lists:
* Yakhya Magomedov, a journalist working for Assalam (Russian: Ассалам), was killed in Kokrek, Dagestan on 8 May 2011.
The newspapers in Dagestan with the highest circulations have all experienced the murder of one of their journalists. The top selling news products in Dagestan, include Assalam, which has the highest circulation and is a moderate Muslim bi-weekly; Novoye Delo and Chernovik. Unlike the others, Chernovik is an independent newspaper. The newspaper targets the civically engaged audience demographic between the ages of 28 and 45, which makes up 80% of its readership. The popularity of the media has a negative side. The media are caught in the middle as they are a visible target in which all the forces facing Dagestan can attack to get at their enemies (p. 9).
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WIKI
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How this tiny county in Texas became the richest in America
When the residents of sleepy, rural McMullen County, Texas, found out that they officially lived in the richest county in America, "we were shocked," recalls Kimberly Kay Kreider-Dusek, the only lawyer in the area. She serves as the county attorney, prosecuting misdemeanors and advising county commissioners on legal matters. McMullen County, population: 804, one of the least populous counties in the state, lies southeast of San Antonio. According to Internal Revenue Service numbers crunched by Syracuse University researchers, its population's average adjusted gross income — at $303,717 — now ranks as the highest in the nation. It's not as if the cattle ranchers and others in McMullen didn't already recognize that landowners "were making nice amounts of money" from oil and gas royalties, and that welders at drilling sites were pulling in six-figure salaries, says Kreider-Dusek. Still, they hadn't realized that they had officially surpassed more famously affluent areas like Teton, Wyo., and Fairfield, Conn. And, for the most part, what residents have chosen to spend their newfound riches on isn't just surprising, it's exemplary. McMullen's wealth comes thanks to the controversial practice of oil and gas fracking, which is prohibited in a couple of states and limited in others but is welcome in Texas. The county is home to the U.S.'s most productive shale gas deposit. Decades earlier, oil and gas companies had determined that the extraction costs were too high for the region's deposits. But in recent years, fracking technology changed all that, and McMullen's economy boomed. It has continued to grow even as energy prices sag. "[Fracking] has increased our employment rate, " Kreider-Dusek says. It has come at something of a cost, though. It increased the crime rate, which is now up to 200 misdemeanors per year, and the number of cars roaring through. In fact, most of the misdemeanors are related to traffic incidents. Thanks to what Sheriff Emmett L. Shelton described to local journalist Ben Tinsley as his office's "extremely vigorous enforcement " of traffic violations, the sparsely populated county has a disproportionately high incarceration rate: In 2014, it was the second-highest in all of Texas. That's despite the fact that, Tinsley reports, the county doesn't even have a jail. It ships offenders over to nearby Live Oak County. And the relations between McMullen County residents and the oil and gas companies responsible for their wealth, and for their traffic problems, have soured on occasion. A dispute recently arose between residents and a drilling company that wanted to put a landfill near a county watershed, possibly risking contamination of the water supply. The conflict may lead to a hearing before the Texas Railroad Commission, which regulates oil and gas activities in the state. Opponents of fracking point out that the process can negatively affect local water supply, and in 2016, the EPA formally agreed and issued a warning about contamination. Kreider-Dusek is working with big-city Austin lawyers to help chart the county's strategy. But the financial returns are undeniable. Bulging property tax revenues from rising assessments, which will total $2 billion this year, Kreider-Dusek says, have allowed county officials to add three traffic lights. Previously there were none. The county has also used proceeds to do more for needy residents. It has created a nonprofit to offer low-interest loans, expanded a food-assistance program for the elderly and opened a new medical clinic. Before, residents had to drive 30 miles to see a physician. Now a doctor comes by weekly. The local school district — which serves roughly 250 students, 39 percent of them minorities and 25 percent of them economically disadvantaged — has gotten more resources too, and it now boasts a 100 percent graduation rate. Even dead McMullen County residents can take advantage of the windfall: Residents have expanded efforts to fix and clean up headstones in Hill Top Cemetery, Kreider-Dusek says. Overall, residents report that they are satisfied, and most of them haven't changed too much about the way they live. Although Kreider-Dusek misses the cattle that used to graze on her family's ranch, she likes the fracking royalties, which have allowed her to scale back her law practice and take on the government work. "I can afford to take a public service job," she says. The money also lets her keep an apartment in nearby San Antonio and a condo in Port Aransas on the Gulf of Mexico. For most landowners in McMullen, fracking-related royalties come to at least double their day-job salaries, she says. And locals without ranches share in the fracking wealth. Esther Garza is a 50-year-old resident with her "own little piece of land" in town, though there are no gas deposits there. Still, fracking, for her, has meant consistent employment. She works at Wheelers Mercantile, an eatery next door to a gas station in the center of Tilden, the town that serves as the county seat. "I'm comfortable with what I make," says Garza. The jobs her employer offers are well-paid and reliable enough that people from other counties drive to McMullen to take them, Garza says. And prices in town remain moderate. On Wheelers' menu, chicken fried steak on a bun costs $5.99. The newfound wealth has led to no excessive spending splurges among residents, as far as Garza can tell. "There's nobody really going crazy. They might be doing repairs to their home or something," she says. Some of the ranchers with royalty checks landing in their bank accounts on a regular basis have built extra structures on their land so adult children can move home and start families, she says. All and all, residents say, the wealth certainly has helped more than it has hurt. "We don't have any cattle anymore. But we still have lots wide, open space and we can still see the stars," Kreider-Dusek says.
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NEWS-MULTISOURCE
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Michelle Obama Denounces Donald Trump in CUNY Commencement Speech
In tones both aspirational and political, Michelle Obama on Friday used her last commencement address as first lady to salute graduates of the City College of New York as “living, breathing proof that the American dream endures,” while also criticizing “name-calling” leaders who engage in “anger and intolerance.” Mrs. Obama did not specifically mention Donald J. Trump, the presumptive Republican nominee for president. But her intent could not have been clearer as she warned that “leaders who rule by intimidation — leaders who demonize and dehumanize entire groups of people — often do so because they have nothing else to offer.” “Here in America, we don’t give in to our fears,” she told the class of 2016, with its 3,848 graduates, in an outdoor ceremony on the college’s Manhattan campus. “We don’t build up walls to keep people out because we know that our greatness has always depended on contributions from people who were born elsewhere but sought out this country and made it their home.” For Mrs. Obama, the address, the last of her three commencement speeches this year, was intended to highlight several issues that have been dear to her, including public education and immigration. Noting the college’s proximity to the Statue of Liberty, she said there was “no better way to celebrate this great country than being here with you.” Mrs. Obama’s commencement address at City College, the flagship school in the City University of New York system, was the latest high point in its long, distinguished history. In 1847, it was founded as the Free Academy of New York, with a mission to provide an education to anyone, at low cost. But her visit also came at a precarious time for the CUNY system, which has been troubled by overcrowded classes, shrinking course options and budget cuts, as described in a recent investigation by The New York Times. Faculty members and employees represented by the university’s biggest union, who have worked without a raise for six years, recently voted to authorize a strike in the fall if no contract deal was reached. Indeed, dozens of faculty and students on Friday morning handed out fliers to people filing past security to enter the campus, in Upper Manhattan, urging public officials to invest more money in the system. None of the speakers at the commencement directly addressed CUNY’s woes. But in her 24-minute address, which elicited frequent and enthusiastic applause, Mrs. Obama said that “public education is our greatest pathway to opportunity in America. So we need to invest in and strengthen our public universities today, and for generations to come.” At several points, she mentioned notable immigrants, or the children of immigrants, who had attended City College, including Jonas Salk, Ira Gershwin, Colin L. Powell and Andrew S. Grove, the former Intel chief executive, who died in March. But she also applauded the valedictorian and salutatorian of the graduating class, who delivered rousing addresses on the importance of diversity and the hard-fought battle to break cultural barriers. Mrs. Obama added some personal perspective, as well: “It’s the story that I witness every single day when I wake up in a house that was built by slaves, and I watch my daughters — two beautiful, black young women — head off to school, waving goodbye to their father, the president of the United States, the son of a man from Kenya who came here to America for the same reasons as many of you: to get an education and improve his prospects in life.”
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NEWS-MULTISOURCE
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2005 SAP Open
The 2005 SAP Open was a men's tennis tournament played on indoor hard courts. It was the 117th edition of the event and was part of the International Series of the 2005 ATP Tour. It took place at the HP Pavilion in San Jose, United States, from February 7 through February 13, 2005. First-seeded Andy Roddick won his second consecutive singles title at the event.
Singles
🇺🇸 Andy Roddick defeated 🇫🇷 Cyril Saulnier, 6–0, 6–4
* It was Roddick's 1st singles title of the year and the 16th of his career.
Doubles
🇦🇺 Wayne Arthurs / 🇦🇺 Paul Hanley defeated Yves Allegro / 🇩🇪 Michael Kohlmann, 7–6(7–4), 6–4
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WIKI
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Verdaguer
Verdaguer is a Catalan surname. Notable people with the surname include:
* Diego Verdaguer, Argentine singer-songwriter
* Dionisio Baixeras Verdaguer (1862–1943), Spanish painter
* Jacint Verdaguer (1845–1902), Catalan writer
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WIKI
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File talk:Ingham 1.jpg
i dont think this is ingham... innisfail maybe?... <IP_ADDRESS> (talk) 01:39, 17 February 2012 (UTC)
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WIKI
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COVID-19 pandemic in Nunavut
The COVID-19 pandemic in Nunavut is an ongoing viral pandemic of coronavirus disease 2019 (COVID-19), a novel infectious disease caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).
Until November 6, 2020, Nunavut remained the only province or territory in Canada, and the only place in North America, that had not yet recorded a confirmed case of COVID-19, with two early presumptive cases later ruled to be false positives, and clusters of cases at mines in September and October involving employees flown in from outside of the territory.
On November 6, 2020, Nunavut recorded its first confirmed case of COVID-19 in-territory. By mid-November, evidence of community transmission began to emerge, prompting the territory to reimplement restrictions in the affected communities. Nunavut's Chief Medical Officer Michael Patterson announced on November 16 that a territory-wide lockdown would take effect on November 18, reinstating the closure of schools and all non-essential businesses for at least two weeks.
In May 2021, the Mary River Mine in the Qikiqtaaluk Region of Baffin Island announced an outbreak, with over 100 employees testing positive for COVID-19. Most of these cases included the Delta variant, a highly transmissible variant of the virus. When the mine shut down operations for May, it sent many workers to their southern home communities, which has led to the variant spreading to several provinces.
As of February 23, 2022, Nunavut has confirmed 2,620 COVID-19 cases, with 2,230 recoveries and five deaths.
Timeline
On January 28, 2020, Nunavut's Chief Medical Officer, Michael Patterson, stated that he had been monitoring the COVID-19 outbreak, and was "liaising with all of our counterparts, including federal and territorial public health experts and communicable disease experts." Patterson stated that Nunavut's Department of Health was making preparations for a possible outbreak within the territory, including educating staff on personal protective equipment and testing procedures.
Patterson felt that the risk of COVID-19 reaching the territory was "very small," as the territory is only accessible by air travel, and that there was not much travel between Nunavut and Wuhan, China "[even] at the best of times". However, he noted that the territory's housing shortages could impact many residents if community transmission were to occur. MLA John Main showed particular concern towards elders, residents of overcrowded homes, government staff, and residents receiving income support, and suggested that the concept of "social distancing" was relatively unknown to the culture of Nunavut, since "we're always inviting people and we're always getting invited to go eat. It is not our culture at all to not visit."
Inuit Tapiriit Kanatami warned that the Inuit population could be disproportionately impacted by COVID-19 due to "long standing social and economic inequities."
March 2020
By mid-March, the government of Nunavut had begun to reduce non-essential travel by its employees. The capital of Iqaluit instituted similar measures, while the hamlets of Cambridge Bay, Coral Harbour, and Igloolik issued recommendations against outside visitors.
On March 17, all schools and daycares in Nunavut, as well as Nunavut Arctic College, were closed for at least three weeks. Some educational institutions transitioned to online courses. Nunavut declared a public health emergency the next day; this included orders for anyone entering the territory to immediately self-isolate for 14 days upon arrival, and recommendations against non-essential travel to the territory. Restaurants and bars were restricted to takeout service only.
Patterson stated that testing of suspected cases was being conducted by health care professionals at patients' homes. The tests were shipped to a laboratory in Winnipeg for processing. Premier Joe Savikataaq stated that at least half of the 50 to 60 tests conducted at that point had been processed, and had all come back negative.
On March 19, residents of Rankin Inlet set up a blockade on the road leading to Agnico Eagle's Meliadine gold mine, protesting the possibility that workers who fly in via the hamlet's airport could spread COVID-19 among residents. In response, the company announced that the Nunavut-based workforces of its Meliadine and Meadowbank mines would be sent home for four weeks with pay. The company stated: "we value our relationship with the people of Nunavut and are committed to do what is best for the health, safety and well-being of all our employees and the communities." During the day's briefing, Minister of Economic Development and Transportation David Akeeagok stated that the company had already taken steps to alleviate potential spread, including screening employees for symptoms before they were allowed to take a flight, and having them depart immediately by bus on arrival (rather than go through the airport) to prevent community contact.
On March 23, it was announced that travel into Nunavut would be significantly restricted beginning March 25, with only residents of the territory and essential medical workers allowed to enter the region. All travellers would be required to quarantine for 14 days at a hotel in one of four "hub" cities before they would be allowed to fly into Nunavut. Premier Savikataaq stressed that "social distancing and staying home as much as possible is not a recommendation. It is necessary to keep our Nunavut healthy. Do it for you. Do it for our elders. Do it for the children."
April 2020
In early April, 23 inmates were released from local corrections facilities as a precautionary measure in order to prevent crowding. On April 3, the government and Nunavut Tunngavik Incorporated announced a combined $2 million investment in food security, to be allocated to individual hamlets. On April 14, Prime Minister Justin Trudeau announced that the federal government would provide $30.9 million in financial aid to Nunavut (as part of a $129.9 million package for Canada's territories) to support health care, businesses, and Northern airlines transporting essential goods.
On April 21, following calls by the Nunavut Teachers' Association, it was announced that the remainder of the school year would be cancelled. All out-of-territory teachers were asked to return to Nunavut by April 21. On April 27, Nunavut issued revisions to its social distancing rules, barring all gatherings of more than five people (regardless of location, excluding immediate family in a household), and clarifying restrictions on commerce, with businesses only allowed to remain open if customers are able to practice appropriate social distancing. On April 29, Patterson announced that the territory would only consider lifting restrictions once there was sufficient testing capacity within Nunavut, there were "significant" decreases in new cases in neighbouring provinces often visited by residents, and there were no active cases in the territory. The state of emergency was also extended to May 14.
On April 30, Nunavut announced its first confirmed case, a resident of Pond Inlet. A rapid response team was dispatched to the community. Following the announcement, most Kivalliq Region hamlets began imposing local curfews and other measures. On May 4, however, Patterson reported that the case was a false positive, and that a second test of the same patient had come back negative.
May 2020
On May 5, when asked about the possibility of staffing shortages when classes resumed, Premier Savikataaq remarked that "September is still quite a few months away, and there was an announcement earlier in the year that Ontario was going to lay off a whole bunch of teachers, so maybe these teachers would want to come work in Nunavut". The Nunavut Teachers' Association criticized the comments, stating that "teachers are in high demand across the country, and the idea that more will simply move in as others move out is false," and that shortages were also the result of a "chronic lack of support in schools for students and educators," and not just the pandemic. Premier Savikataaq apologized for the comments, explaining that his choice of words was "careless and dismissive." Acknowledging the increased stress teachers face in the region, he stated that "we do value our teachers and we have a recruitment and retention problem in Nunavut."
On May 8, Patterson stated that a GeneXPert machine was being used to process swabs in Iqaluit, but the swabs were still being sent south for secondary tests. As of May 11, 553 residents had tested negative.
On May 14, the state of emergency was extended through May 28. Premier Savikataaq stated that the health department was preparing plans to begin lifting some restrictions.
On May 18, Patterson stated that a resident of Nunavut had tested positive for COVID-19 while outside of the territory for unrelated medical treatments. He stated that the patient "is receiving care in the South and is doing well" and posed minimal risk due to mandatory self-isolation before returning to Nunavut, and that no other information would be released for patient confidentiality reasons. There had still been no cases inside of Nunavut.
On May 28, the state of emergency was extended through June 11.
June 2020, lifting of restrictions
On May 25, Patterson released "Nunavut's Path," a framework for the gradual lifting of restrictions. Measures to be lifted were classified by their risk, and the impact of the reopening process was to be reevaluated every two weeks by the territorial health department, which would determine whether further restrictions (including those designated as medium- and high-risk) could be lifted, or if they needed to be reintroduced. Existing restrictions on travel into the territory would remain in place indefinitely, likely until a vaccine or proven therapy was discovered.
On June 1, parks and daycares were allowed to reopen, and outdoor gatherings of up to 25 people were permitted. That day, Patterson also announced that an advisory against domestic travel within the territory had been lifted, and that on June 8, government employees would be allowed to return to their offices (subject to social distancing and health protocols, after having been re-classified as a low-risk opening), and that libraries, museums, and galleries would be allowed to reopen to individual browsing only.
On June 11, the state of emergency was extended through June 25, and it was announced that recreation centres would be allowed to re-open on June 15 (although Iqaluit held off on immediately reopening its aquatic centre, due to needs to adapt the facility for compliance with social distancing guidelines, and to perform repairs on equipment that had failed during the closure).
On June 22, bars, restaurants, and personal care facilities were allowed to re-open, subject to social distancing, and with a last call of 9 p.m. for bars. Personal care facilities were required to offer protective equipment to customers and employees who requested them. Cabs could pick up people from multiple households at once, provided they wore masks.
July 2020
On July 2, Nunavut announced it was monitoring a presumptive case from an employee of the Mary River Mine. The Department of Health stated that the employee was "doing well" and had "no contact between Mary River workers and any of the surrounding communities," and that the employee and all contacts were in quarantine. The mine had been operated solely by outside workers since March. On July 10, it was reported that the patient had tested negative on follow-up tests. On July 13, it was announced that restaurants would be allowed to resume operating at normal business hours beginning July 20.
On July 20, the federal government announced that up to $18.9 million in funding would be provided to cover PPE, testing, and paid sick leave.
September to October 2020
Schools resumed in-person classes for the new semester, with cohorting, mandatory masks in certain situations for students over the age of 13, and social distancing. A four-level system would be used to escalate mitigations if Nunavut experienced a heightened rate of infections (including staggered or alternate-day schedules, or suspension of in-person classes).
On September 16, two positive cases were reported in the Hope Bay mine near Cambridge Bay. One positive case was also confirmed at the Mary River Mine on September 21. These cases were not counted towards Nunavut's case count, since the transmissions were believed to have occurred before the infected people entered the territory. On September 28, the presumptive positive cases at Hope Bay mine increased to seven.
On October 1, one employee from the Meliadine mine tested positive for the virus. On October 5, Nunavut confirmed seven of the Hope Bay cases, although whether they would count as the territory's first official cases was still being determined. The same day, it was announced that restaurants and bars could increase to 75% capacity with social distancing, bars could return to normal hours; outdoor gatherings could increase to 100 and indoor to 15; arenas and recreation facilities were capped at 50 people; and galleries, libraries, and museums could operate at half capacity.
Nunavut declared the Hope Bay outbreak contained on October 8, with 10 confirmed cases and six still presumptive; the territory did not count the cases as part of its local total, as they fell under the case counts of the individual employees' provinces or territories of origin.
On October 21, another presumptive case at the Mary River Mine was confirmed to be positive.
November 2020–present
On November 6, Nunavut confirmed its first case, in Sanikiluaq. All non-essential businesses and schools were ordered to close, grocery stores were ordered to limit capacity and reduce hours, indoor gatherings were prohibited, outdoor gatherings were limited to five, and non-essential travel into and out of the area was restricted. Two days later, a second confirmed case was reported in Sanikiluaq. On November 9, Patterson stated that a person had tested positive at an isolation hub in Winnipeg. It was thought that the person contracted COVID-19 before entering the isolation hub.
On November 11, a third case was confirmed by Patterson in Rankin Inlet. As a result, restrictions were implemented in the Kivalliq region, and local schools and colleges announced they would close for at least 14 days. On November 13, a case was reported in Arviat, and on November 14 another four cases were found in Arviat, doubling the total to eight. On November 15, nine new cases were reported in Arviat, and a second in Rankin Inlet
On November 16, after announcing eight new cases (bringing the territory's total to 26), Patterson announced that a two-week restriction period would be implemented territory-wide from November 18 in order to control community transmission in Nunavut. All gatherings were limited to five people unless otherwise noted, while non-essential businesses, bars, dine-in restaurants, personal care facilities, and schools were ordered closed. All businesses and organizations were required to switch to remote work if possible. Medical centres would serve emergency patients only. Masks remained strongly recommended territory wide, but as before, were mandated only in Kivalliq and Sanikiluaq.
Premier Savikataaq referred to the restrictions as being like "[a] circuit breaker, a chance to reset. No one is above the rules here. Let's make this clear, so there's no misunderstanding. Do not visit, do not socialize outside your household." In an interview with CTV News Channel's Power Play, Premier Savikataaq stated that all of the cases so far had a connection to Winnipeg, that community transmission in Nunavut was of concern due to overcrowding within its communities, but that "our saving grace is we've had time to prepare."
On November 17, a further 34 new cases were announced, more than doubling the total number of active cases, from 26 to 60. There were 26 new cases reported in Arviat, and eight in Whale Cove. The government stated that seven of the people in Whale Cove were infected by a person travelling from Arviat. On November 18, another 10 cases were reported (totaling 70), with eight in Arviat and two new cases in Rankin Inlet.
On November 19, four new cases were announced in Nunavut: three in Arviat and one in Rankin Inlet. These were followed by another ten new cases on November 20: six in Rankin Inlet, one in Arviat and three in Whale Cove. This brought the total cases to 84.
On December 20, the territory's first two deaths linked to COVID-19 were reported; one resident of Arviat and one resident of Rankin Inlet died in a Winnipeg hospital.
The first vaccine, of Moderna type, arrived in Iqaluit on December 30 and was administered on January 6, 2021.
In May 2021, the Mary River Mine announced an outbreak, and shut down operations, sending many employees home. 106 employees tested positive, 96 of whom were positive with the Delta variant, a highly transmissible variant of the virus. The workers who returned home are believed to have spread the virus from the mine, including the Delta variant, and have been linked to several hundred cases in Ontario, Alberta, and elsewhere. However, since the mine employees have not been in contact with local communities since the start of the pandemic, there has been no spread in Nunavut linked to the mine. The mine has had no positive cases since June 5.
The territory reported one new case on December 6, 2021; the first since October 19, 2021. The territory's active case count is now one.
One new case was reported in Nunavut on December 8, 2021. There are now two active cases.
On December 23, 2021, health officials confirmed one new case, bringing the active case count to three.
On January 18, 2022, officials reported 140 new COVID-19 cases since its last update on January 14, 2022, bringing the active cases to 268.
Travel restrictions
On March 13, Patterson issued an advisory requesting residents reduce domestic travel and avoid international travel. Transport Canada announced the same day that cruise ship traffic to Nunavut would be suspended for the remainder of the season.
Starting March 25, air entry into Nunavut by non-residents was prohibited, with exemptions granted for critical medical workers. Residents returning to the territory are required to quarantine for 14 days at a hotel in either Edmonton, Ottawa, Winnipeg, or Yellowknife before flying back. They are monitored by security guards enforcing the quarantine, and are provided with meals. These services are paid for by the government; on May 6, Premier Savikataaq backpedalled on a proposal to require these hotel stays be covered by the traveller (at a cost of $2,100 per person), as "travel at this time is a risk and we don't want to undo all the hard work we have done." Exceptions were later made for those receiving medical treatment in Yellowknife. The travel advisory against in-territory travel ended June 1, but other restrictions remained.
On June 4, Patterson said he was in discussions with officials from the Northwest Territories over the possibility of removing restrictions on travel between Nunavut and the Northwest Territories. He noted that such an arrangement would have to be designed so that it would not be usable as a loophole to bypass Nunavut's quarantine requirements.
The Canadian Civil Liberties Association issued a letter to Minister of Justice Jeannie Ehaloak questioning whether the territory's travel restrictions were in compliance with Section 6 of the Canadian Charter of Rights and Freedoms. On June 11, after the Northwest Territories partly loosened its travel restrictions (which previously contained a similar quarantine hub requirement and restriction to residents, in favour of allowing unrestricted travel — subject to self-isolation on arrival) as a result of similar concerns, Patterson stated that based on the opinion of lawyers, the decision to suspend freedom of movement was allowable under the Charter due to the emergency declaration. He argued that the measure was needed due to the stronger impact that an outbreak could have in Nunavut than in other parts of the country. In regards to the decision's impact on the proposed "travel bubble," Patterson stated that they were "still interested in it but we want to understand how this will impact potential risks before we make a firm decision one way or another."
On June 15, it was announced that travellers from the Northwest Territories would be allowed to enter Nunavut, provided they had been in the region for at least 14 days before entering and had received approval from Nunavut health officials. On June 22, medical travel to Churchill, Manitoba was exempted from Nunavut's quarantine requirements, citing a low risk because there had been no cases in the town. On July 13, it was announced that restrictions on travel to Churchill would be lifted, but subject to approval by health officials. On November 16, the Northwest Territories suspended its open borders with Nunavut due to the latter territory's first ongoing outbreak.
By hamlets
On April 30, Chesterfield Inlet passed a motion prohibiting any outside visitors from entering the hamlet. It also required returning residents to self-isolate for 14 days.
In May 2020, to reinforce social distancing laws by discouraging gatherings, a number of hamlets began to institute temporary restrictions on any consumption, possession, or distribution of alcohol.
Impact
The pandemic is projected to have a major impact on the territory's $300 million tourism industry. The cruise line industry could potentially be severely affected. Previous years saw 55 ships with over 10,000 visitors.
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Hoxha (album)
Hoxha is a live album by the free improvisation group of the same name, featuring trombonist Paul Rutherford, saxophonist Ken Vandermark, bassist Torsten Müller, and drummer Dylan van der Schyff. It was recorded on December 12, 2004, in Portland, Oregon, and was released in 2005 by the Spool label as part of their Line series.
According to Vandermark, the group performed four or five concerts in Canada and the U.S., prior to which he had not played with Rutherford or van der Schyff. (The 2018 release titled Are We in Diego?, recorded two days earlier, features the same lineup. ) He reflected: "for me it was really walking into a brand new situation each night. Part of that meant, well what can the group be about? What can we do, what do we play, how do we change?" Regarding the group's approach to free improvisation, he reflected: "the music changes a lot from performance to performance and I believe it should, otherwise the people involved aren't really trying to improvise. So there are people taking risks, musical chances and whatnot, if they're really pushing themselves."
Reception
In a review for AllMusic, François Couture wrote: "The trombonist is in good shape, throwing in strong exchanges, especially with Vandermark's tenor sax and Müller, but the album's best moments happen with the whole group in full motion... Rutherford has been documented more in solo or very small settings in the early 2000s, but he remains a keenly discerning group player, as this finely recorded release demonstrates."
The authors of The Penguin Guide to Jazz Recordings awarded the album a full 4 stars, calling it "one of Rutherford's best group outings of recent times," and stating: "What's most interesting is the trombonist's use of widely varied dynamics. The closing 'Rokurokubi' is extremely quiet, packed at times with soft, almost toneless sounds. Other tracks are frenetic in pace, but there is never a moment when control seems to be lost."
Ken Waxman of JazzWord praised Rutherford's "fearless technique and casual joy," and noted that, on the album, there is "no hierarchical suggestions or Old master – young apprentices separateness here, even though Müller, the next oldest musicians is almost a decade and a half younger than the British trombonist. Instead what's most apparent is a sense of these improvisations being in the moment." He concluded that Hoxha "prove[s] the adage that old trombonists – unlike dogs – can learn new tricks – and get along well enough with musical puppies to pass on their own capers."
Track listing
* 1) "King Ghidora" – 11:54
* 2) "Iris" – 12:18
* 3) "Angilas" – 4:01
* 4) "Baragon" – 21:07
* 5) "Dagahra" – 9:05
* 6) "Rokurokubi" – 4:53
Personnel
* Paul Rutherford – trombone
* Ken Vandermark – tenor saxophone, clarinet
* Torsten Müller – bass
* Dylan van der Schyff – drums
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Talk:In Stereo (band)
Semi-protected edit request on 14 June 2016
In Stereo are an Australian boy band consisting of members Jakob Delgado, Ethan Karpathy and Chris Lanzon. Both Lanzon and Karpathy were contestants on the first season of The Voice Kids Australia in 2014. In 2015, In Stereo auditioned for season seven of The X Factor Australia singing "Style" by Taylor Swift.
* Name = In Stereo
* current_members = Jakob Delgado Ethan Karpathy Chris Lanzon
Extended plays
Clanz123 (talk) 10:02, 14 June 2016 (UTC)
* ✅ - old vandalism - Arjayay (talk) 10:57, 14 June 2016 (UTC)
''((The Speed Of Sound - Out July 1st AEST)) — Preceding unsigned comment added by Pkarpathy (talk • contribs) 05:51, 15 June 2016 (UTC)
Semi-protected edit request on 14 June 2016
Members of the band include, Jakob Delgado, Chris Lanzon, and Ethan Karpathy
Jakobdelgadomusic (talk) 10:02, 14 June 2016 (UTC)
* ✅ that was earlier vandalism - Arjayay (talk) 10:56, 14 June 2016 (UTC)
Semi-protected edit request on 14 June 2016
Copypaste of entire article removed
Instereozz (talk) 10:32, 14 June 2016 (UTC)
"Please don't copy the entire article into the request. Only copy the part you're changing. If you copy the entire article into the request ... another editor may remove your entire request." This is not a "spot the difference competition" If you want to suggest a change, please request this in the form "Please replace XXX with YYY" or "Please add ZZZ between PPP and QQQ". Please also cite reliable sources to back up your request, without which no information should be added to, or changed in, any article. - Arjayay (talk) 11:10, 14 June 2016 (UTC)
* ❌ - As it clearly states in the instructions to submit an edit request:-
Semi-protected edit request on 14 June 2016
what how do i edit a page on wiki WHAT IS GOING ON HERE10:47, 14 June 2016 (UTC)10:47, 14 June 2016 (UTC)
Katetisshaw (talk) 10:47, 14 June 2016 (UTC)
* Red information icon with gradient background.svg Not done: User hasn't requested any edit. INVISIBLEknock! 10:59, 14 June 2016 (UTC)
Semi-protected edit request on 15 June 2016
In Stereo are an Australian boy band consisting of members Jakob Delgado, Ethan Karpathy and Chris Lanzon. Both Etahn and Chris were contestants on the first season of The Voice Kids Australia in 2014. In 2015, In Stereo auditioned for season seven of The X Factor Australia singing "Style" by Taylor Swift. They made it to the top 12 and were mentored by Guy Sebastian. They were eliminated on 20 October, coming in eighth place. Thought you might like your wikipedia back to normal :) from hayley_g11
Hayleyg1001 (talk) 08:37, 15 June 2016 (UTC)
* ✅ - although we do not use first names on their own and it is Ethan not Etahn ;-) - Arjayay (talk) 08:50, 15 June 2016 (UTC)
Move discussion in progress
There is a move discussion in progress on Talk:1:43 (band) which affects this page. Please participate on that page and not in this talk page section. Thank you. —RMCD bot 03:21, 1 July 2021 (UTC)
Move discussion in progress
There is a move discussion in progress on Talk:1:43 (band) which affects this page. Please participate on that page and not in this talk page section. Thank you. —RMCD bot 10:25, 9 July 2021 (UTC)
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-- U.K. Nuclear Future Relies on Reactor Plagued by Delays: Energy
To ensure the future of its nuclear power industry, the U.K. is relying on an unproven reactor design plagued by delays and billions in budget overruns. The government’s deal yesterday with Electricite de France SA to build a $26 billion plant at Hinkley Point in England involves two European Pressurized Reactors. The first EPR project in Finland, led by Areva SA (AREVA) , the French company that designed the technology, is seven years behind schedule and won’t be completed until 2016. The second, an EDF project at Flamanville in northwest France , will cost more than twice as much as expected. EDF says the lessons learned mean Hinkley Point will go more smoothly and that both the budget and time frame set out yesterday are realistic. History suggests the plan for the U.K., which needs to replace aging reactors built in the 1970s, isn’t ironclad, said Roland Vetter, head of research at CF Partners (UK) LLP, which runs a fund that invests in utilities. “Nuclear is the biggest gamble in power generation,” said Ingo Becker, an analyst at Kepler Cheuvreux in Frankfurt . “At 16 billion pounds ($26 billion) for two EPRs, they have probably taken into account possible cost overruns.” Billed as safe enough to withstand an airplane crash , the EPR reactor is at the heart of EDF and Areva’s hopes for a revival in nuclear power as a French export industry. The U.K. has remained committed to nuclear even after the Fukushima disaster in Japan turned others off atomic generation, including Germany , which decided to shut all its reactors. Soft Soil EDF has set a budget for the two 1,650-megawatt Hinkley Point reactors based on the latest estimate for Flamanville of 8.5 billion euros ($11.6 billion) for a single unit. The U.K. project, expected to take 10 years, will be more expensive because soft local soil means it needs deeper foundations, requiring 30 percent more concrete, EDF said in a presentation yesterday. The Paris-based company also has to build an atomic waste facility and 3.8-kilometer (2.2-mile) pipes to carry seawater to cool the reactors. “We are very confident in the cost,” Vincent de Rivaz, head of EDF’s U.K. unit, said at a London press conference yesterday. “We are a company which is able to learn from its experiences.” EDF points to its project to build two EPR reactors at Taishan in southern China as evidence it can deliver in the U.K. The plant, built in partnership with China General Nuclear Power Corp., will start commercial operation in 2015, EDF said yesterday. That’s only a year later than originally planned. China General and China National Nuclear Corp. will hold minority stakes in the U.K. project. Greater Certainty The U.K. design assessment means “you have much greater regulatory certainty at the start,” Energy Secretary Ed Davey said yesterday. “That wasn’t the case in previous projects with the EPR.” The EPR was criticized in France for being too big and costly after an Areva-led group lost a $20 billion atomic contract from Abu Dhabi in 2009. “The credibility of both the EPR and the ability of the French nuclear industry to successfully build new reactors has been seriously undermined by difficulties” at Finland’s Olkiluoto site and Flamanville, according to a report ordered by former President Nicolas Sarkozy and published in 2010. It found the plant’s complexity was “a handicap.” Even though work on Areva’s Olkiluoto-3 project started in 2005, the U.K. has opted for a design that’s yet to be completed. The Finnish plant is now scheduled to start in 2016, seven years behind schedule, operator Teollisuuden Voima Oyj said in February. Areva has said the reactor will cost the same or slightly more than Flamanville. 60 Years “The technology takes 10 years to build and is supposed to run for 60 years, so it’s hard to evaluate,” Becker said. “It’s now known that costs are rather high for the EPR.” At Flamanville, EDF has pushed back the commercial start of the generator numerous times and revised cost estimates three years in a row. In December, the state-controlled utility raised the estimate to 8.5 billion euros, more than double the initial budget, and confirmed a 2016 target start date. EDF began building the Flamanville reactor in December 2007, initially estimating costs at 3.3 billion euros and with plans for a 2012 start. Building two EPRs at Hinkley Point will cost 14 billion pounds, an estimate “in line” with the costs of Flamanville, EDF Chief Executive Officer Henri Proglio said yesterday on a conference call. The utility has tagged on another 2 billion pounds for acquiring land, installations for waste storage and training 900 employees to operate the plant. Learned Lessons “There is a series effect since we learned lessons from Flamanville and Taishan,” Thomas Piquemal, EDF’s head of finance, said on a conference call yesterday. Developing another EPR at Flamanville would shave 2 billion pounds from the costs of the first one, he said. Although work at Taishan in China has also fallen behind schedule, it’s progressing faster than the European projects. Key milestones were reached two years faster than in Finland , according to Areva, which will take a 10 percent stake in the Hinkley Point project. “The EPR meets all expectations of the U.K.,” said Charles Hufnagel, Areva’s head of communications. “The highest level of safety, competitiveness of low carbon generation, and certainty for the project thanks to the U.K. licensing and lessons learnt from four EPRs under construction in the world.” In the event development of the U.K. reactors follows the European trend rather than the one in China, the U.K. may have to take steps to prevent generation shortages. “Any delays could hurt energy planning in the U.K,” said CF Partner’s Vetter, who helps manage a fund that invests in European utilities. “The U.K. would have to make sure there are alternative power sources.” To contact the reporters on this story: Tara Patel in Paris at tpatel2@bloomberg.net ; Sally Bakewell in London at sbakewell1@bloomberg.net To contact the editor responsible for this story: Will Kennedy at wkennedy3@bloomberg.net
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Talk:Ahmad al-Buni
Untitled
s
al-Buni references
This article's references need an actual bibliographic citation:
* Edgar W. Francis, Mapping the Boundaries between Magic and Mysticism: The Names of God in the Writings of Ahmad ibn Ali al-Buni
Also, according to the Encyclopedia of Islam(2) the only occult work attributed to Ahmad al-Buni is the Great Sun of Gnoses (shams al-ma'rif al-kubra). Therefore the inclusion of the following reference makes no sense,
* Ahmad al-Buni, Sharh Ism Allah al-a`zam fi al-Ruhani, printed in 1357 AH or in Egypt al-Matba`at al-Mahmudiyyat al-Tujjariyyat bi'l-Azhar.
Brokelman (GDAL) also does not reference this work. So this work must either be considered as forming the first section of the Great Sun of Gnoses, which discusses the Ism al-Allah al-A'zam (The Greatest Name of God), or else we are dealing with a pseudo-Buni, in which case it needs to be excised altogether. The scholarship in EI2 and GDAL is quite meticulous. Also most faharis (indexes of Islamic works) only cite the Great Sun of Gnosis and the medical works forming the Kabs al-iktida.Thamarih 06:52, 29 December 2006 (UTC)
Lineage
Is such an extensive lineage really necessary? Perhaps we could summarize briefly, listing only those with an article themselves? Eleraama (talk) 16:25, 19 April 2011 (UTC)
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Page:Romance & Reality 3.pdf/299
Rh
was a broken but beautiful sky—one on which to look was to imagine. The eye could scarcely dwell on the mingling light and darkness, the infinite variety of shadows, that came down from heaven to cast their deeper semblance on earth, without conjuring up in the mind those analogies by which humanity loves to link itself with inanimate nature. There were those bright gleams which have so often been
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117 So.2d 180
Morris TAYLOR et al. v. PEOPLES FERTILIZER CO.
1 Div. 814.
Supreme Court of Alabama.
Oct. 15, 1959.
Rebearing Denied Jan. 21, 1960.
C. LeNoir Thompson, Bay Minette, for appellants.
Chason & Stone, Bay Minette, for appellee.
STAKELY, Justice.
On the motion to strike the transcript and -dismiss the appeals.
In this case the appeals were taken by Annis Parsons Moorer, Golda Parsons Friedhoff, Nettie Parsons Williams and Margaret Parsons Griffin from a final decree of the Circuit Court of Baldwin County, in Equity, to this court on December 22, 1958, and by Vada Parsons Potts from the ■said decree to this court on December 29, 1958.
The transcript of the record was filed in this court on March 4, 1959, more than sixty days after the taking of the appeals.
On March 18, 1959, the appellee filed its motion to strike the transcript of record and dismiss the appeal taken by Annis Parson Moorer, Golda Parsons Friedhoff, Nettie Parsons Williams and Margaret Parsons Griffin. It also filed on the same day its motion to strike the transcript of record ■and dismiss the appeal taken by Vada Parsons Potts. Among other grounds, the motion to strike is based on the failure of the appellants to request the trial judge to extend the time for filing the transcript in this court and no additional time was granted the appellants in which to file the transcript of record.
On March 21, 1959, a motion was made to this court requesting this court to grant the appellants an additional sixteen days from February 20, 1959, to March 5, 1959, in which to file the transcript of record in this court. The motion was based on alleged sickness in the family of the attorney and his alleged trouble with his teeth due to abscesses in his teeth. Attached to this motion to this court is a copy of the motion filed with the trial court and a denial of the motion made by the trial judge.
The provisions and requirements of Supreme Court Rule 37, as amended (263 Ala. XXI, 1957 Red Supplement to the Code of Alabama, p. 107), are plain and unequivocal in stating that, “in equity cases the transcript shall be filed within sixty days of the taking of the appeal” unless the trial judge has extended the time for filing such transcript of record for good cause shown not to exceed thirty days and if such time is so extended by the trial judge, thereafter the Supreme Court may extend the time for the filing of the transcript of record for good cause shown upon petition in writing of which the adversary counsel must have ten days notice. Rule 37, as amended, contains the following:
“ * * * The application to the trial judge and a ruling thereon is a pre- ■ requisite to making the application to • this court, unless it be shown that the trial judge was unavailable or that the application to him for an extension was not made for a good and sufficient reason * *
The appellee takes the position that this court is without authority to extend the time for the filing of the transcript of record unless such time was first extended by the trial court. We think this position is correct, unless the application to this court for an extension shows that the trial judge was unavailable or was not made for a good and sufficient reason.
The motion made to the trial court for an extension of time was made after the transcript had been filed in this court but within thirty days from the aforesaid sixty day period, that is within ninety days after the appeal had been taken and was made on the ground, among other grounds, that the illness of the family of the attorney taking the appeal including not only his children and his wife but also serious dental troubles of the attorney resulting from abscesses in his teeth, prevented him from filing his motion in the trial court earlier. The ruling of the trial court on the motion to extend the time for filing the transcript in this court fails to show the basis on which the trial court denied the motion, but the motion was filed with the trial court before the case was submitted in this court or any other action had been taken by this court in the case.
It seems to us that the spirit of the rule, where the motion is made in the trial court, even though the transcript had been filed in this court, is sufficient to give the trial court jurisdiction to pass on the motion for an extension of time in the event no submission had been made in this court or any other action had been taken by this court, as set forth above. We think that the allegations which are sworn to showing sickness in the family of the attorney for the appellants and his own dental trouble suffered by abscesses from his teeth, are sufficient grounds for the trial court to have granted an extension of time. Accordingly we have reached the conclusion that the prerequisite to a consideration in this court of the motion here to extend the time for filing the transcript is sufficient to allow us to pass on the requested extension of time since the case had not been submitted or any other action taken by this court prior to the time the motion referred to was filed in this court. We accordingly grant such extension and shall proceed to a consideration of the case on its merits.
On the Merits
The bill of complaint in this case was filed by the Peoples Fertilizer Company, a corporation, as complainant against Morris-Taylor, Daisy Opal Taylor and Annis-Moorer, as guardian of H. M. Parsons, a. person of unsound mind, as respondents, in the Circuit Court of Baldwin County, in Equity, on November 27, 1956.
PI. M. Parsons died and his death was-suggested by his solicitor on July 12, 1957. The cause was revived against Prince-Griffin, as executor of the estate of H. M. Parsons, deceased, and against Annis Parsons Moorer, Vada Parsons Potts, Golda Parsons Friedhoff, Nettie Parsons Williams and Margaret Parsons Griffin, as the heirs, at law, next of kin and legatees under the last will and testament Of H. M. Parsons,, deceased. The cause was removed to the United States District Court in Mobile,, Alabama, upon petition of Vada Parsons Potts but the cause was remanded by the United States District Court to the Circuit Court of Baldwin County on March 18, 1958. A decree pro confesso was rendered against Morris Taylor and Daisy Opal Taylor on February 26, 1957. The remaining respondents filed their answer on June 16, 1958. The cause proceeded to trial on the bill of complaint and the answer of the respondents.
The allegations of the bill as amended show in substance the following. The Peoples Fertilizer Company, the complainant, is a corporation organized under the laws of the State of Alabama with its principal place of business at Foley, Alabama. All of the respondents are resident citizens of Baldwin County, Alabama, and all over the age of twenty-one years. On April 6, 1955, H. M. Parsons was adjudged insane and on April 7, 1955, Annis Moorer was appointed as his guardian by the Probate Court of Baldwin County.
Morris Taylor was justly indebted to the Peoples Fertilizer Company on September 22, 1947. On this date a suit was filed by the complainant in the Circuit Court of Baldwin County. Service was had on Morris Taylor on September 24, 1947. At the time of the filing of such suit Morris Taylor was the owner of certain real estate -lying in Baldwin County and more particularly described in the bill of complaint.
The foregoing property had been acquired by Morris Taylor from John G. Murphy by warranty deed date February 28, 1945. This deed is recorded in the office of the Judge of Probate of Baldwin County in Deed Book 89 at page 92. In this deed Daisy Opal Taylor, one of the respondents and the wife of Morris Taylor, was named as the grantee. It is alleged on information and belief that such deed was made to her in order that she might hold such property in trust for Morris Taylor, who was the actual owner of the property. Daisy Opal Taylor and Morris Taylor, her husband, conveyed a portion of this property to James B. Crabtree by warranty deed dated November 15, 1946. This deed is recorded in the office of the Judge of Probate of Baldwin County, Alabama, in Deed Book 114, p. 102.
On September 4, 1947, James B. Crab-tree and wife reconveyed the property which he had acquired to Daisy Opal Taylor, such deed being recorded in the office of the Judge of Probate of Baldwin County at Book 23, p. 140. It is alleged on information and belief that Daisy Opal Taylor was to hold this property in trust for her husband, Morris Taylor.
It is further alleged that while the above mentioned suit which had been brought by the complainant against Morris Taylor, was pending, Daisy Opal Taylor and Morris Taylor, her husband, entered into a scheme or plan with the aforesaid H. M. Parsons to defraud the complainant. It was agreed between Daisy Opal Taylor and her husband Morris Taylor on the one part and H. M. Parsons on the other part that Daisy Opal Taylor and Morris Taylor would convey to H. M. Parsons the property described in the bill of complaint. This property had two houses located thereon. It was further agreed between them that Daisy Opal Taylor and Morris Taylor would have the right to occupy and use, without rent, the house located nearest Bay Minette and H. M. Parsons would have the right to occupy or rent out the other house and this was to continue for a period of ten years. At the expiration of the ten year period the entire property was to be sold by H. M. Parsons and the proceeds of such sale was to be divided equally between Morris Taylor and H. M. Parsons. It is further alleged that in accordance with such fraudulent agreement, Daisy Opal Taylor and Morris Taylor, her husband, executed a warranty deed to H. M. Parsons on April 27, 1948, conveying the aforesaid property in Baldwin County, Alabama. This deed was recorded in the office of the Judge of Probate of Baldwin County, in Deed Book 130, p. 63.
It was discovered that a mistake had been made in the description of said property and on May 10, 1948, Daisy Opal Taylor and Morris Taylor executed a deed of correction to H. M. Parsons, conveying the aforesaid property to H. M. Parsons. This deed was filed for record in the office of the Judge of Probate of Baldwin County in Deed Book 130, p. 183.
Subsequent to the execution and recording of the aforesaid deed of correction, complainant secured a judgment in its suit against Morris Taylor on September 27, 1948, in the sum of $5,342.71 and the costs of court. A certificate of this judgment was recorded in the office of the Judge of Probate of Baldwin County, Alabama, on October 1, 1948. No part of such judgment has ever been paid. H. M. Parsons has not conveyed any part of the property hereinabove referred to.
It is further alleged in the bill of complaint as amended that a short time prior to April 27, 1948, when the warranty deed was executed by Daisy Opal Taylor and Morris Taylor, her husband, to H. M. Parsons, Morris Taylor, Daisy Opal Taylor, his wife, and H. M. Parsons entered into an oral agreement that such deed would be executed for the purpose of hindering, delaying or defrauding complainant in its collection of money due the complainant by Morris Taylor and such deed was executed by Morris Taylor and Daisy Opal Taylor, his wife, and accepted by H. M. Parsons for the purpose of hindering, delaying or defrauding the complainant.
After the demurrer of Annis Moorer as guardian of H. M. Parsons was overruled, answer of H. M. Parsons, a non compos mentis, by his guardian, Annis Moorer, was filed to the bill of complaint denying the various allegations of the complaint.
Subsequently the complainant amended its complaint by striking Annis Moorer as guardian of H. M. Parsons, a person of unsound mind, as a party respondent in said cause.
The bill prayed that upon a final hearing of the cause that the deed from Daisy Opal Taylor and Morris Taylor, her husband, to H. M. Parsons dated April 27, 1948, and the deed from Daisy Opal Taylor and Morris Taylor, her husband, to H. M. Parsons dated May 10, 1948, be declared null and void and of no force and effect and that an order be made by the court to the register to note on the margin of the record where such deeds are recorded that they have been declared null and void.
It is further prayed that Morris Taylor be decreed the owner of the title to the land which was conveyed in a deed from John G. Murphy and Nannie Murphy, his wife, to Daisy Opal Taylor or that Daisy Opal Taylor was holding the same in trust for Morris Taylor, her husband. It is further prayed that the court shall order the register to sell the aforesaid property described in order to satisfy the judgment recovered by the complainant together with the interest thereon.
The case was heard orally before the court and, in substance the court held that the deed from John G. Murphy and his wife to Daisy Opal Taylor dated February 28, 1945, conveying the property described in the bill of complaint was actually made to her in order to prevent the aforesaid land from being subject to the debts then existing of Morris Taylor and that there was no gift of said property to Daisy Opal Taylor and that the consideration for the property was paid by Morris Taylor and that Daisy Opal Taylor was actually holding title to said property for said Morris Taylor and that such title which he had in and to said property was subject to his judgment creditors.
It was further held by the court that the heirs of H. M. Parsons, deceased, have failed to show that they are the owners of that certain mortgage and the debt secured thereby and described in said mortgage from Daisy Opal Taylor and Morris Taylor, her hubsand to John G. Murphy, which mortgage is dated February 17, 1945, and recorded in the office of the Judge of Probate of Baldwin County. The court further held that the debt secured by the mortgage from Daisy Opal Taylor and Morris Taylor, her husband, to H. M. Parsons dated November 15, 1946, and recorded in the office of the Judge of Probate of Baldwin County, Alabama, was paid by Morris Taylor to H. M. Parsons during his lifetime and that the heirs of H. M. Parsons, deceased, have no claim against said property under said mortgage. The court further held that at the time of the execution and delivery of the deed from Daisy Opal Taylor and Morris Taylor, her husband, to H. M. Parsons, dated April 27, 1948, and at the time of the execution and delivery of the correction deed from Daisy Opal Taylor and Morris Taylor, her husband, to H. M. Parsons dated May 10, 1948, Morris Taylor was indebted to the Peoples Fertilizer Company, a corporation, the complainant in this cause, and a suit had been filed thereon and that such indebtedness was reduced to judgment in the Circuit Court of Baldwin County on September 27, 1948, and that a certificate of such judgment was filed in the office of the Judge of Probate of Baldwin County and recorded in the office of the Judge of Probate of Baldwin County, such judgment 'being for $6,342.71 and costs of court.
The court further held that the aforesaid deeds to H. M. Parsons, above referred to, were executed and delivered by Daisy Opal Taylor and Morris Taylor, her husband, and were accepted by H. M. Parsons for the purpose of hindering, delaying or defrauding the Peoples Fertilizer Company, the complainant in this cause.
The court further held that since Morris Taylor is now indebted to the Peoples Fertilizer Company, a corporation, in the sum of $6,342.71 with interest, the land described in the bill of complaint together with the improvements thereon should be sold for the satisfaction of such judgment, unless such judgment with interest thereon is paid within a period of thirty days as set forth in the decree of the court.
In a subsequent decree dated December 12, 1958, the court decreed that since Morris Taylor had failed to comply with the •decree of the court rendered on November 4, 1958, in that he has failed to pay the Peoples Fertilizer Company the amount due such company, the register shall proceed to advertise the property and sell the same. Subsequently Margaret Parsons Griffin, Annis Parsons Moorer, Golda Parsons Friedhoff, Nettie Parsons Williams and Vada Parsons Potts, respondents, brought their appeals to this court.
The proof showed in substance the following. John G. Murphy and Nannie Murphy, his wife, conveyed the property described in the bill of complaint to Daisy Opal Taylor on February 28, 1945, Morris Taylor, the husband of Daisy Opal Taylor, testified that he paid the consideration to John G. Murphy and put the title in the name of his wife because at that time he owed money that he was unable to pay and he had the deed to his wife recorded. Daisy Opal Taylor testified that she did not buy the land from John G. Murphy, but it was bought by her husband, Morris Taylor, who paid the consideration and that her husband did not give the property to her. Her husband put the title in her name because he owed some money and she never intended to claim ownership of the land. We do not find in the record where this evidence is contradicted by any one.
On February 17, 1945, Daisy Opal Taylor and Morris Taylor, her husband, executed a mortgage to John G. Murphy to secure an indebtedness of $3,000. The appellants claimed to1 be the owners of this mortgage through H. M. Parsons, but the debt secured thereby and such mortgage was never shown to have been transferred to H. M. Parsons.
Appellants also claim under a mortgage from Daisy Opal Taylor and Morris Taylor, her husband, to H. M. Parsons dated November 15, 1946. This mortgage was to secure a debt of $2,500. The appellants offered in evidence five $500 notes and chattel mortgages which are payable to H. M. Parsons, but each of which contains recitals that the Baldwin County Bank had the right of foreclosure. Neither this mortgage nor the mortgage first referred to has ever been foreclosed.
The appellee offered in evidence a receipt executed by H. M. Parsons on September 10, 1948, subsequent to the date of both of the above noted mortgages. This receipt says that all mortgages, both on and off the record, have been paid and James Crabtree, who was a witness to such receipt, testified that such receipt was so executed by H. M. Parsons.
The appellants claimed James C. Crab-tree was an interested party and therefore his testimony is not admissible because he once owned two acres of the land in question. The two acres mentioned were deeded to him on November 15, 1946, but he reconveyed such land to Daisy Opal Taylor on September 4, 1947.
Morris Taylor testified that he paid the consideration for the conveyance from James Crabtree to his wife and he did not make any gift of the property to her. His wife testified that she was taking the title to this land for Morris Taylor and according to her testimony, she claimed no interest in it.
The suit was filed by the Peoples Fertilizer Company against Morris Taylor on September 22, 1947, and judgment was rendered in its favor on September 27, 1948. This suit was filed on notes executed by Morris Taylor to the Peoples Fertilizer Company, one dated February 26, 1946, and the other dated February 8, 1947. Both of these notes were executed before the alleged fraudulent conveyances, hereinafter referred to, were made and this suit was pending when such deeds were made by Daisy Opal Taylor and Morris Taylor, her husband, to H. M. Parsons on April 27, 1948, and on May 10, 1948.
The instant suit was filed on November 27, 1956, against Morris Taylor, Daisy Opal Taylor and Annis Moorer, as the guardian of Ii. M. Parsons, a person of unsound mind, claiming fraud in the execution of such deeds.
Morris Taylor testified that he told Mr. Chason about such transaction just before the present suit was filed but he did not tell him about such transaction until after they had double crossed him and had done what they agreed not to do. As stated before, this proceeding was revived against the appellants as heirs of H. M. Parsons and also against the executor of such estate on January 21, 1958. The proof showed that the debt due by Morris Taylor to the appellee had not been paid.
James Crabtree testified that he was at the home of Morris Taylor when the attorney for appellants and H. M. Parsons came there, that he was in an adjoining room with the door open and heard Mr. Parsons tell Morris Taylor that he thought that the attorney had figured out a way for Morris to- save his property, that they were to change the title to the property to someone, that Morris Taylor came in and borrowed $20 from him.
Morris Taylor testified that after the original suit was filed by the Peoples Fertilizer Company against him, he made several attempts to unload the property described in the present suit, that just before the first deed to. H. M. Parsons was executed, the attorney for the appellants and H. M. Parsons came to his home at night while he was there with his wife and James Crabtree and his wife, that he left the door open and went into an adjoining room to talk to Mr. Parsons and to the attorney, that the attorney told him that his property could be saved. He outlined steps to be taken to effectuate this result.
As a part of the plan Morris Taylor had built a house on the property and had started to build another house. “Parsons was willing to take possession of the land in his name and give me one house for ten years to live in and he would take the other house and rent it out for ten years or to do whatever he wanted to do with it and he also had the use of the land. He would get the revenue out of it and take care of the taxes and at the end of ten years when it was figured that everything had blown over, Mr. Parsons would sell it and we would split the proceeds, right down the middle. As a part of the plan it was suggested that from time to. time I would give Mr. Parsons a month’s rent and he would give me a receipt just to show if investigators should come around investigating the place. I was to pay some rent but it would be returned tome. It was understood that a deed would be prepared and we each were to give the attorney $100.00. My part of the fee was paid that night to the attorney in cash. I didn’t have but $80.00 so I borrowed the other $20.00 from James Crab-tree.”
Morris Taylor further testified that soon after the plan to defeat his creditors, including the Peoples Fertilizer Company, were conceived, he executed a deed and delivered it to H. M. Parsons and that he executed such deed and delivered such deed for the purpose of defeating or defrauding the Peoples Fertilizer Company, one of the creditors at that time. He further testified that soon after the execution of the first deed, it was called to his attention that a mistake had been made in the de•scription and that he executed another deed on May 10, 1948, to H. M. Parsons and that there was no consideration for this deed and that it was executed for the purpose of delaying or defrauding the Peoples Fertilizer Company.
Daisy Opal Taylor testified that she was at home with her husband on or about April, 1948, and that Mr. Crabtree and his wife were present and that the attorney for the appellants came to their home. She was in an adjoining room with the door •open and that they called Morris out to talk to him and she heard Mr. Parsons tell Morris that the attorney had figured out a way to save his property. Morris came in later and stated that he owed the attorney $100 and he borrowed $20 from Mr. Crabtree and that soon after that she and Morris executed a deed to H. M. Parsons, conveying the land in question. Her testimony showed that she and her husband executed this deed for the purpose of hindering, delaying or defrauding the Peoples Fertilizer Company from collecting their debt on a suit pending at that time. She testified that she did not reveal the scheme to defraud the Peoples Fertilizer Company until about the time the present suit was filed, about ten years later.
The attorney, as a witness for the appellants, testified that he went to the home of Morris Taylor during the month of February, 1948, for the purpose of collecting an attorney’s fee due him in the sum of $25 and that he collected such amount at that time. He testified that James Crab-tree was present at that time and that Morris went into the room where James Crabtree was and came out and handed him $20. He had just handed him $5 before he went into the other room. He testified that Mr. H. M. Parsons went with him to the Taylor home on that occasion and that he went to show the attorney where to find Morris Taylor.
We have carefully considered the evidence in this case and think that it supports the allegations of the bill of complaint. When Morris Taylor purchased the property in question from John G. Murphy on February 28, 1945, he was heavily in debt and he decided to put the property in his wife’s name. Both Morris Taylor and his wife, Daisy Opal Taylor, testified that this was done to prevent any creditor from levying on such property. While the law may presume that the property is given to a wife when the title is placed in her name, this is only a rebut-table presumption and we do not see how it can be rebutted any stronger than by the man and wife who are involved in the transaction. It is insisted by the appellants in brief that none of the testimony of Morris Taylor or his wife, Daisy Opal Taylor, or of James Crabtree can be considered because of the socalled “dead man’s statute”. — Title 7, § 433, Code of 1940. Their testimony in regard to the transaction with John G. Murphy could not come under the rule of this statute because H. M. Parsons was not a party to this transaction in any respect. Accordingly, it is uncontradicted that the property when purchased belonged to Morris Taylor and would be subject to his debts.
As to the contention that James Crabtree is precluded from being a witness, his only connection with the title was that he bought two acres of land from Morris Taylor on November 15, 1946, but he reconveyed it to Morris Taylor on September 4, 1947. At that time H. M. Parsons had not come into the picture so to speak, and certainly the testimony of James Crabtree would be competent. James Crabtree testified that he dealt with Morris Taylor and both Morris Taylor and his wife, Daisy Opal Taylor, testified that Morris Taylor paid the consideration for the reconveyance and that the property was again taken in the name of Daisy Opal Taylor because Morris Taylor was still in debt. This testimony is uncontradicted. Accordingly the property in question belonged to Morris Taylor as of September 4, 1947, and James Crabtree had no further interest in the property.
When the property was bought by Morris Taylor from John G. Murphy and his wife, he executed a mortgage to secure the purchase price of $3,000. The appellants appear to claim title under this mortgage but not only did the appellants fail to show an assignment of this mortgage to H. M. Parsons, but there was introduced in evidence a receipt dated September 10, 1948, signed by H. M. Parsons and witnessed by J. B. Crabtree, as follows;
“September 10, 1948.
“Received of Morris Taylor payment in full of all Dollars for debts owed to me, including all mortgages on & off record.
“H. M. Parsons
“Witness:
“J. B. Crabtree 9/10/48”
As stated James Crabtree was a witness to1 this receipt and he testified that he saw H. M. Parsons sign the receipt and that he witnessed it at their request. Under this receipt the court accordingly correctly held that the mortgage had been paid and the court’s decree which holds that the appellants have failed to establish their title to such mortgage is correct.
The appellants also claim that they have some title under a mortgage from Morris Taylor and his wife to H. M. Parsons which was dated November 15, 1946. As to' this mortgage, there was introduced in evidence the receipt referred to above executed by H. M. Parsons on September 10, 1948, wherein it is recited that H. M. Parsons has received of Morris Taylor payment in full of all debts owed to him, including all mortgages on and off the record.
It will be observed that the first mortgage which was dated February 17, 1945, was due and payable $500 every six months or the entire mortgage would have been due in February of 1948. The other mortgage, the one to H. M. Parsons, secured a debt of $2500 and was payable in installments of $500 every six months and would have matured in May, 1949. H. M. Parsons did not die until June 30, 1957. Neither of these mortgages had been foreclosed during that time or approximately nine years from their date. Morris Taylor was still living on the property at the time H. M. Parsons died and their scheme was being carried out until H. M. Parsons lost his mind and his guardian was appointed for him. The guardian knew nothing about the scheme and began to institute proceedings to remove Morris Taylor from the property. It was then that Morris Taylor decided he would reveal the scheme and. this suit resulted.
We do not see how all of the testimony of Morris Taylor, Daisy Opal Taylor or James Crabtree should be stricken from the record because of the dead man’s statute, which prohibits testimony of an interested party of any transaction with, a dead man. Testimony of these three witnesses as to the part played by the attorney for the appellants is certainly admissible testimony. Garrett v. Trabue, 82 Ala. 227, 3 So. 149; Kilgore v. Kimbrell, 231 Ala. 148, 163 So. 896. He could attempt to' refute the evidence and he did try to a certain extent but by his own testimony there were some things which he did not deny. He did not deny that he went to' the home of Morris Taylor a short time before the deed was executed, that he went there in the night time and found Mr. and Mrs. Crabtree there with Mr. and Mrs. Taylor. He did not deny that they were in an adjoining room and he called Mr. Taylor into the front room to talk to him. He did not deny that H. M. Parsons was there with him. He did not deny that they stayed for some length of time. He did not deny that he collected some money from Morris Taylor that night. In brief, according to his testimony, he agreed with almost all of the testimony given by these three witnesses until it involved him in a scheme to defraud the complainant in this case.
The evidence as given by Morris Taylor and his wife is certainly admissible evidence in that he took the title in his wife’s name, when he bought the property from John G. Murphy, because he was in debt. When the suit was filed by the complainant in this cause against Morris Taylor, it resulted in a judgment, as aforesaid. Morris Taylor became afraid of the scheme that he had used up until that time of putting the property in his wife’s name and according to his own testimony, he attempted to unload that property. He discussed the matter with H. M. Parsons. On the night in question, we have the legal testimony of Morris Taylor and his wife and James Crabtree that the attorney and H. M. Parsons came to the Taylor home. Certainly James Crabtree would be qualified to state anything that he heard. According to the testimony of James Crab-tree he heard H. M. Parsons tell Morris Taylor that he thought that the attorney had figured out a way that Morris Taylor could save his property. The testimony of Morris Taylor as to the scheme which he had figured out is competent testimony since it occurred as a conversation between Morris Taylor and the attorney. There was one completed house and one uncompleted house on the property. According to the scheme Morris Taylor would be allowed to live in the completed house and H. M. Parsons would complete the other house and would rent it out for ten years to get his money back and H. M. Parsons would have the use of the land. It was observed by the attorney that a judgment would not be any good after ten years unless revived and the property could then be sold and they would “split the proceeds right down the middle.” The attorney even talked about the matter of rent since a creditor might wonder why Morris Taylor was still living on the property after he had sold it and the plan was that Morris Taylor would pay the rent to H. M. Parsons and H. M. Parsons would give it back.
The testimony further showed that the attorney charged each of the parties $100 for his services in suggesting this scheme. Morris Taylor only had $80 in his pocket so he had to go in and borrow the other $20 from Mr. Crabtree. This is confirmed by John Crabtree. The record is silent as to whether Mr. Parsons ever paid his $100.
It seems likely that this scheme would never have come to light if Mr. Parsons had not lost his mind and it did not come to light for almost ten years.
In connection with the foregoing we think it well to refer to a number of propositions of law. We first refer to § 7, Title 20, Code of 1940, which in part provides that all conveyances in writing of any estate or interest in real property made with intent to hinder, delay or defraud creditors of their lawful debts, are void.
Any transfer of real property which is merely a simulated assignment or conveyance behind which a debtor may hide to enjoy the use of the property is void. In the case of Wolcott v. Titus, 238 Ala. 342, 191 So. 383, 385, it is stated:
“If it was not an actual sale and transfer of the debtor’s property and title, but a mere simulated, colorable transfer intended as a mere cover behind which the debtor may hide to enjoy the use of the property and prevent creditors from subjecting it to the payment of debts, it is fraudulent and void and should be vacated and annulled. Robinett v. Murray, 219 Ala. 176, 121 So. 535, 537.
“After due consideration of the evidence we are of the opinion that the conveyance attacked by the bill falls within the latter class, and is fraudulent and void.
“We state, briefly, the reasons upon which this conclusion is rested.
“The defendants in their several answers to the bill made a general denial of the existence of the debt due from Titus to complainant Wolcott, but the evidence shows without dispute the existence of complainant’s claim that it is just, due and unpaid, and that it antedated the conveyance from Titus to Godard. In fact Titus admitted the existence and bona fides of said indebtedness.
“This shown, the defendants, under the averments of their answer, had the burden of going forward with the evidence 'to show a real sale and transfer of the title and use of the property in payment of a bona fide existing debt in an amount not greatly disproportionate to the value of the property.’ * * * ”
This court has held that transactions to defeat creditors are viewed by the court with disfavor and the statute therefore should receive a liberal construction. Galloway v. Shaddix, 197 Ala. 273, 72 So. 617.
We further wish to note that in offering testimony on the trial of this cause, § 372(1), Title 7, 1955 Cumulative Pocket Part, Code of 1940, was observed with respect to objections to evidence. The court did not specially rule on the legality of any evidence, but under this statute we presume that the court considered evidence that was relevant, material, competent and legal. We must uphold the findings by the court when there is legal evidence before the court as if it were the verdict of a jury notwithstanding § 17, paragraph 1, Title 13, Code of 1940. Dougherty v. Hood, 262 Ala. 311, 78 So.2d 324.
Finally as we have often stated, where the trial court saw the witnesses and heard their testimony ore tenus, the decree of the court is presumed to be correct unless it is palpably wrong. Lovelace v. McMillan, 265 Ala. 290, 90 So.2d 822.
We have reached the conclusion that the decree of the court was correct and should be upheld.
Affirmed.
All the Justices concur.
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CASELAW
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Zachary Taylor was the 12th president of the United States, serving from his inauguration March 1849 until his death in July 1850, a period of just over 16 months. Taylor had been a career officer in the United States Army, who rose to the rank of major general. He became a national hero as a result of his victories in the Mexican–American War, which made him a desirable candidate for President. Although no one knew for sure which party he belonged to, his President, James K. Polk, believed that Taylor was a Whig. Polk was correct. Taylor won election to the White House despite his vague political leanings. As President, his top priority was preserving the Union, but he died before making any progress on the hot button issue of the day, slavery. It was the issue which had been inflaming tensions in Congress and which threatened to tear the nation apart.
Taylor was born in Barboursville, Virginia three years after the end of the American Revolution. He was born into a prominent family of plantation owners who moved west, from Virginia to Kentucky when Zachary was a child. His second cousin was James Madison. Taylor joined the US Army and was commissioned as an officer in 1808. He served with distinction as a Captain in the War of 1812 and rose in the ranks in military forts along the Mississippi River. During the Black Hawk War he was promoted to Colonel in 1832. His success in the Second Seminole War attracted national attention and earned him the nickname "Old Rough and Ready".
In 1845, during the annexation of Texas, President James K. Polk dispatched Taylor to the Rio Grande, as part of a show of force in anticipation of a battle with Mexico over the disputed Texas–Mexico border. The Mexican–American War broke out in April 1846, and Taylor defeated Mexican troops commanded by General Mariano Arista at the battles of Palo Alto and Resaca de la Palma, despite being outnumbered in both battles. Taylor then led his troops into Mexico, where they defeated Mexican troops at the Battle of Monterrey. Contrary to his orders, he led his troops further south and, despite being severely outnumbered, dealt a crushing blow to Mexican forces under Antonio López de Santa Anna at the Battle of Buena Vista. Polk felt threatened by the popularity that came with Taylor's success. He had Taylor's troops transferred to the command of Major General Winfield Scott. In spite of this, Taylor remained a very popular general, both with his troops and with the general public.
Both parties considered Taylor as a presidential candidate because nobody was sure which party Taylor supported. History suggests that as a good soldier, Taylor supported whoever his commander in chief was, and is is believed that he had never even voted. It was the Whig Party that was able to convince Taylor to lead their ticket in the 1848 presidential election, despite knowing what Taylor really stood for. At the 1848 Whig National Convention, Taylor defeated Scott and former Senator Henry Clay to win the nomination. He won the general election on a ticket with New York politician Millard Fillmore, defeating Democratic Party candidates Lewis Cass and William Orlando Butler, as well as a third-party effort led by former president Martin Van Buren and Charles Francis Adams, Sr. of the Free Soil Party. Taylor became the first president to be elected without having ever served in a prior political office.
As president, Taylor refused to be led by Henry Clay and the other Whigs in Congress, at a time when partisan tensions threatened to divide the Union. A debate was raging over the status of slavery in the territory acquired in the Mexican War. Southerners threatened to secede if slavery was not permitted in the territories. Despite being a Southerner and a slaveholder himself, Taylor did not support the expansion of slavery. He was a union man who saw as his goal that of keeping the nation united. To avoid the contentious issue of slavery, he urged settlers in New Mexico and California to bypass the territorial stage and draft constitutions for statehood.
In Congress, the Compromise of 1850 was being debated and proposed, something that Taylor was not entirely pleased with. But before he could confront the issue, he died suddenly of a stomach-related illness in July 1850. In his brief time in office, his administration's greatest accomplishment was probably the ratification of the Clayton–Bulwer Treaty, an accord between the US and Great Britain on a future canal through Central America.
Historians and scholars have ranked Taylor in the bottom quartile of U.S. presidents,mostly due to his short term of office. The Clayton–Bulwer Treaty affecting relations with Great Britain in Central America is viewed as an important step building on strong relations between the two nations and averting possible future confrontation in Latin America. Although historical rankings of Presidents have generally placed Taylor in the bottom quarter percentile, most surveys tend to rank him as the most effective of the four presidents from the Whig Party. Taylor was the last president to own slaves while in office. He was also the second president to die in office, preceded by William Henry Harrison, who died while serving as president nine years earlier.
In 1883, the Commonwealth of Kentucky placed a 50-foot monument topped by a life-sized statue of Taylor near his grave. During the 1920s, the Taylor family commenced work to turn the Taylor burial grounds into a national cemetery. The Commonwealth of Kentucky donated two adjacent parcels of land for the project, turning the half-acre Taylor family cemetery into 16 acres. On May 6, 1926, the remains of Taylor and his wife (who died in 1852) were moved to the newly constructed Taylor mausoleum. The cemetery property has been designated as the Zachary Taylor National Cemetery. That's as close as Taylor has come to having any sort of a Presidential Museum.
Several places around the United States are named after Taylor, including: Camp Taylor in Kentucky and Fort Zachary Taylor in Florida; The SS Zachary Taylor, a World War II Liberty ship; Zachary Taylor Parkway in Louisiana; Zachary Taylor Hall at Southeastern Louisiana University. There are Taylor Counties named after him in Georgia, Iowa and Kentucky. The town of Rough and Ready, California is named for him as are the Zachary Taylor Highway in Virginia and Taylor, Michigan. He has no connection with the naming of Taylor Swift or Taylor Lautner.
Almost immediately after his death, rumors began to circulate that Taylor was poisoned by pro-slavery Southerners. These rumors became a part of Taylor's legacy and persisted into the 21st century. In 1978, Hamilton Smith postulated his assassination theory, based on the lack of confirmed cholera outbreaks, and other material. In the late 1980s, Clara Rising, a former professor at University of Florida, persuaded Taylor's closest living relative to agree to an exhumation so that his remains could be tested. Taylor's remains were exhumed and transported to the Office of the Kentucky Chief Medical Examiner on June 17, 1991. Samples of hair, fingernail, and other tissues were removed, and radiological studies were conducted. The remains were returned to the cemetery and reinterred, with appropriate honors, in the mausoleum. Neutron activation analysis conducted at Oak Ridge National Laboratory revealed no evidence of poisoning, as arsenic levels were too low. The analysis concluded Taylor had contracted "cholera morbus, or acute gastroenteritis", and that his food or drink was likely contaminated by harmful bacteria. Any hope for Taylor's recovery was likely prevented because of the quackery of his doctors, who treated him with "ipecac, calomel, opium, and quinine" at 40 grains per dose (approximately 2.6 grams). They also "bled and blistered him." Despite this, the rumors that Taylor was poisoned persist.
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FINEWEB-EDU
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BusinessObjects Board
Audit (ADS_EVENT) - Get Document/Report Name for an Instance?
Hi,
I have a query against ads_event (among others). The Object_Name returned is often an Instance Name rather than the originating rpt/doc name. Any info out there on how to get the originating rpt/doc name for those Instance Names?
Thanks!
SELECT
ADS_EVENT.Object_Name,
case when max("TOP_FOLDER"."TOP_FOLDER_NAME") in ('EBI Console','EBI Team','GHX Public Ad-Hoc Reports','GHX Public Official Reports','LCM','Official Customer Distributed Reports','Oracle Apps')
then max("TOP_FOLDER"."TOP_FOLDER_NAME")
else 'User Personal Folder'
end,
COUNT(*),
max(ADS_EVENT.Start_Time),
count( distinct ADS_EVENT.User_Name )
FROM
(
SELECT F1.Object_ID, MAX(F1.Object_Name) TOP_FOLDER_NAME
FROM ADS_EVENT F1 INNER JOIN ADS_OBJECT_TYPE_STR O1 ON F1.Object_Type_ID = O1.Object_Type_ID AND O1.Language = 'EN'
WHERE O1.Object_Type_Name LIKE '%Folder%'
GROUP BY F1.Object_ID
) "TOP_FOLDER" RIGHT OUTER JOIN ADS_EVENT ON (ADS_EVENT.Top_Folder_ID="TOP_FOLDER".Object_ID)
LEFT OUTER JOIN ADS_STATUS_STR ON (ADS_EVENT.Status_ID=ADS_STATUS_STR.Status_ID and ADS_EVENT.Event_Type_ID=ADS_STATUS_STR.Event_Type_ID AND ADS_STATUS_STR.Language='EN')
LEFT OUTER JOIN ADS_EVENT_TYPE_STR ON (ADS_EVENT.Event_Type_ID=ADS_EVENT_TYPE_STR.Event_Type_ID AND ADS_EVENT_TYPE_STR.Language='EN')
WHERE
(
ADS_EVENT.Object_Name <> ''
AND
ADS_EVENT_TYPE_STR.Event_Type_Name IN ( 'View','Run','Refresh' )
AND
ADS_STATUS_STR.Status_Name NOT IN ( 'Job Failed','Refresh Failed','View Failed' )
)
GROUP BY
ADS_EVENT.Object_Name
When the object is an instance, the parent report name will be the last entry in object_folder_path. For example, you have a report named “my report” that you schedule with a name of “my instance”. The events should have the following values:
OBJECT_NAME: my_instance
OBJECT_FOLDER_PATH: /reports folder/another folder/another folder/my report/
1 Like
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ESSENTIALAI-STEM
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Jackson off to running start while making history for Ravens
Settings Cancel Set Have an existing account? Already have a subscription? Don't have an account? Get the news Let friends in your social network know what you are reading about In the wake of a history-making performance, Lamar Jackson was satisfied only in that he helped the Baltimore Ravens win a second straight game A link has been sent to your friend's email address. A link has been posted to your Facebook feed. To find out more about Facebook commenting please read the Conversation Guidelines and FAQs This conversation is moderated according to USA TODAY's community rules. Please read the rules before joining the discussion. OWINGS MILLS, Md. (AP) In the wake of a history-making performance, Lamar Jackson was satisfied only in that he helped the Baltimore Ravens win a second straight game. Deftly throwing the ball downfield and making calculated runs through the Arizona defense on Sunday, Jackson became the first player in NFL history with at least 250 yards passing yards and 120 rushing yards in a single outing. Afterward, the second-year quarterback lamented being sacked twice and wished he could have made a few throws differently. I could have been better, said Jackson, now 8-1 as a starter in the regular season. It's hard to imagine Jackson, or the Ravens' offense being any sharper over the first two weeks. Jackson threw five touchdown passes in a 59-10 rout of Miami before piercing the Cardinals for 272 yards passing and 120 on the ground in a 23-17 victory. There is a profound difference between Jackson as a rookie when he had one 200-yard passing game and now. He's better at everything, coach John Harbaugh said Monday. But what I like about Lamar is that he doesn't dwell on the positives too much. He dwells on areas of improvement. WHAT'S WORKING Jackson threw five passes for at least 20 yards, including a perfectly thrown 41-yarder to rookie Marquise Brown on a third-and-11 with 3 minutes left. There's no quarterback that's making any better throw than that. Ever, Harbaugh declared. Jackson also had runs of 19, 19 and 18 yards while averaging 7.5 yards per attempt. So what's a defense to do when it can't predict whether a quarterback is going to run or throw? It's just going to be a real conundrum for them, Harbaugh said. It's going to be a real challenge for them to figure that out. WHAT'S NEEDS HELP The Ravens yielded 349 yards passing to rookie Kyler Murray. That does not bode well for a unit that this Sunday will go up against Kansas Chiefs star Patrick Mahomes, who threw for 443 yards and four scores in Week 2 against Oakland. There's some plays where we could have (been) in better position, communicated better, safety Tony Jefferson said. Those are things that you look back on and get fixed. Harbaugh said: We can be way better than we were. We're not real pleased the way we played a couple of those zone coverages in there. STOCK UP Baltimore's defensive front limited Arizona to 20 yards rushing on 11 carries, an average of a paltry 1.8 yards per carry. I know they wanted to run the ball more, Harbaugh said. It's a credit to our defense to make them one-dimensional. Arizona's longest run was 7 yards, on a scramble by Murray. STOCK DOWN With Brown being targeted 13 times, the other two wide receivers, Willie Snead and Miles Boykin, saw minimal action. Boykin had three passes thrown in his direction and finished with one catch for 11 yards. Snead was targeted once, catching a 5-yarder. They've gotten open, Harbaugh said. The ball will be coming their way, I promise you. INJURED Safety Brynden Trawick hurt his left arm during a punt return Sunday and is questionable for next Sunday. It's an elbow/arm issue, Harbaugh said. It's not going to be a long-term deal, but whether he can go this week or not will be based on how he can deal with it and how he can operate with it. KEY NUMBER 16 That's how many times Jackson carried in reaching a career high in yards rushing. The last two of those carries were kneel-downs at the end of the game, but he far exceeded his three attempts (for 6 yards) at Miami. Then again, Jackson exceeded 16 carries in four of his seven starts last season. NEXT STEPS Jackson's only defeat as a starter during the regular season came at Kansas City, when he was outdone by Mahomes in a 27-24 overtime defeat. Baltimore is the lone unbeaten team in the AFC North and Kansas City (2-0) stands alone atop the AFC West. At least the Ravens know what it's like to play the Chiefs on the road. Our guys have been in the stadium, they've been in that tiny little locker room before, they've been on that field, Harbaugh said. We played a good game but we didn't win, and that's motivation, also. ___ More AP NFL: https://apnews.com/NFL and https://twitter.com/AP_NFL Copyright 2019 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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How-to: VBScript Naming Convention
Some recommended prefixes for VBScript variables.
DataType ShortPrefix Prefix Example
String s str strFirstName
DateTime t dtm dtmStart
Integer i int intQuantity
Double d dbl dblTolerance
Single sng sngAverage
Long l lng lngDistance
Byte byt bytRasterData
Boolean b bln blnFound
Array a arr arrMyArray
Collection c col colMyCollrction
Class cls clsMyObject
Error err errOrderNum
Object o obj objCurrent
This is designed to generate variable names which are both short and descriptive. For example without a naming convention you might have variables called PartNumber, PartDescription, and Delivery_Date following this naming convention they would become intPart, strPart, dtmDelivery.
Some names are reseverd words, any name which exactly matches a datatype (String, Long, Int) e.g. string = "Testing" will produce an error: Illegal Assignment or compilation error. Using a naming convention prefix makes such naming collisions much less likely.
Try to avoid variable names which duplicate the prefix naming, i.e for a File System Object objFS makes more sense than objFSO - we already know that it’s an object from the obj prefix.
The prefix can also be abbreviated to a single digit e.g. sFirstName, iQuantity this assumes you don’t have any need to distinguish String from Single or DateTime from Double.
All VBScript variables are variants meaning that a variable can contain a string or an integer number or a date etc, This makes it easy to write VBScript code but it can also be easy to lose track of which variable should contain which type of data.
“If I had to live my life again, I'd make the same mistakes, only sooner” ~ Tallulah Bankhead.
Related VBScript commands
The Reddick VBA Naming Conventions (VBA not VBScript).
Copyright © 1999-2024 SS64.com
Some rights reserved
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ESSENTIALAI-STEM
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Configure your DVCS username for commits
When you make commits on your local system and push them to Bitbucket Cloud, the commit data determines which account name to attach to the push.
To ensure your commits in Bitbucket appear with your user account, it must meet two conditions:
1. You've configured Git with a global username/email address and an optional repository-specific username/email address, as described on this page.
2. You've added the email address as an email alias and validated it. See Set email aliases.
Otherwise, Bitbucket doesn't associate your account with the commit. Instead, the username attached to the commit will either be based on your computer username or only your DVCS username.
In the following image for example, the second (top) commit includes a mapped username with a validated email address. Alternatively, the user on the initial (bottom) commit was configured locally but isn't mapped. When you hover over the avatar or username, you'll see: Author not mapped to Bitbucket user.
Once you've pushed an unmapped commit to a repository, an administrator for that repository can add your email address as a username alias. See Map existing commits to username aliases for more details.
To associate your email address with local commits, start by configuring a global username/email and an optional repository-specific username/email. If you don't specify repository-specific values, the commit defaults to using the global values you set.
Configure your Git username/email
You typically configure your global username and email address after installing Git. However, you can do so now if you missed that step or want to make changes. After you set your global configuration, repository-specific configuration is optional.
Git configuration works the same across Windows, macOS, and Linux.
To set your global username/email configuration:
1. Open the command line.
2. Set your username:
git config --global user.name "FIRST_NAME LAST_NAME"
3. Set your email address:
git config --global user.email "MY_NAME@example.com"
To set repository-specific username/email configuration:
1. From the command line, change into the repository directory.
2. Set your username:
git config user.name "FIRST_NAME LAST_NAME"
3. Set your email address:
git config user.email "MY_NAME@example.com"
4. Verify your configuration by displaying your configuration file:
cat .git/config
Update your configuration from Sourcetree
Sourcetree adds your name and email address to your configuration files automatically when you log in with your Atlassian account. Use these steps if you'd like to update your global username/email or add a repository-specific username/email. After you set your global configuration, repository-specific configuration is optional.
To set your global username/email configuration:
1. (macOS) From the Sourcetree menu, select Preferences.
(Windows) From the Tools menu, select Options.
2. Select the General tab if it's not already selected.
3. Under Default user information, update your Full name and Email address.
To set repository-specific username/email configuration:
1. From the repository in Sourcetree, click Settings.
2. From the dialog that opens, select the Advanced tab.
3. If Use global user settings is selected, remove the checkmark.
4. Update Full name and Email address with the username/email details you want to use.
Last modified on Oct 30, 2020
Cached at 5:01 AM on Apr 13, 2021 |
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ESSENTIALAI-STEM
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post header image for Recursive, Nuts & Bolts Part 2 - Crawling the World Wide Web (2 of 3)
Recursive, Nuts & Bolts Part 2 - Crawling the World Wide Web (2 of 3)
screenshot_05
This is part two of my three part series on the internals of Recursive, an extension for Google Chrome. In the first post I laid the groundwork for the contents of this and the next post. In this post i'm going to talk a little about what Recursive does internally once given a URL.
Chrome Crawler
Recursive is actually based on an extension called Chrome Crawler I wrote about a year ago, but I had to change the name of due to Google's branding policy for Chrome Extensions. So although Recursive was rewritten from the ground up, a lot of the ideas discussed below stem from that project.
Cross-Origin XMLHttpRequest
Much in the same way that search engine crawlers work, Recursive, downloads a url, scans it for links then recursively follows them.
Normally this sort of behaviour isn’t permitted to Javascript (or Flash for that matter) when running within a web page due to the Same Origin Policy without specific permission from the server you are calling. Chrome extensions however don't have this restriction and thus (with permission given in the extension manifest) the extension is able to download content from any server.
This special behaviour is called the Cross-Origin XMLHttpRequest and is what allows Recursive to work its magic.
Code Structure
As briefly mentioned in the previous post the Crawling logic is separated from the Rendering logic. This differs from how Chrome Crawler was implemented where he rendering and crawling logic were mushed together. This separation took a little more thought and planning the result however is that the crawling logic makes much more sense and doesn't contain anything that doesn't purely pertain to the logic and data involved with crawling.
The crawling code is split up into three main files the Graph, the Crawler and the Parser.
screenshot_06
The Graph is the central class that drives the crawling process. Only one of these exists for the application. It provides a number of functions for starting, stopping and pausing the crawling process. It also has a number of events (exposed through signals) that it uses to let listeners (the renderer) know when a particular event occurs.
The Crawler represents a single crawl instance. Its responsibility is to follow a single URL then report when it progresses, returns or errors. The Parser takes the returned HTML from the Crawler and scans it looking for links and files. It then returns the results which are then stored in the Crawler instance.
Parsing Problems
One issue I encountered while developing Recursive (and Chrome Crawler) was the performance and security issues involved with parsing the HTML returned from the crawl. The way I originally handled this was to pass the entire HTML to JQuery then ask it for all ‘src’ and ‘href’ attributes:
function getAllLinksOnPage(page)
{
var links = new Array();
$(page).find('[src]').each(function(){ links.push($(this).attr('src')); });
$(page).find('[href]').each(function(){ links.push($(this).attr('href')) });
return links;
}
The problem with this is that behind the scenes jQuery is constructing a DOM which it uses for querying. Normally this is what you want, but in this instance its a problem because its rather slow process, also the browser executes the script tags and other elements when it generates the DOM. The result of which is the crawling is really slow and there were many security errors generated while crawling.
The solution was to use regex to parse the HTML and look for the attributes manually like so:
var links = new string[];
// Grab all HREF links
var results = c.pageHTML.match(/hrefs*=s*"([^"]*)/g);
if (results) results.forEach(s=>links.push(s.split(""")[1]));
// And all SRC links
results = c.pageHTML.match(/srcs*=s*"([^"]*)/g);
if (results) results.forEach(s=>links.push(s.split(""")[1]));
I was worried that the sheer amount of html text that must be parsed by the regex would result in things being really slow however it seems to hold up quite well, and is definitely not the bottle neck in the app.
Custom File Filter
One addition to the result parsing that was added in v.1.1 was the ability to define a custom file filter:
Screenshot_002
Enabling this adds a third regex call into the results parser. Any matches are added to the Crawler’s files as a special kind of file. When the user opens the files dialog all the matches are shown under a special category:
Screenshot_003
Improvements
Although the regex doesn't take very long to execute when parsing the HTML I had the thought that Javascript workers could be used to take advantage of the multiple cores that are present in most CPUs these days. Perhaps if I decide to perform some more complex sort of parsing i'll revisit this idea.
Finally
Thats about it for part two of my three part discussion on some of the internals of Recursive. Head over to the third part to find out more about the layout and rendering of the returned data.
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ESSENTIALAI-STEM
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MTV Movie and TV Awards 2017: The winners
(CNN)The rebooted MTV Movie and TV Awards, which now honors both big and small projects, debuted on Sunday night. The show was hosted by comedian and actor Adam DeVine, who kicked things off with an over-the-top musical number from "Beauty and the Beast." Actress Emma Watson, who starred in the Disney blockbuster, won the night's award for best actor. "I think I'm being given this award because of who Belle is and what she represents. The villagers in our fairytale wanted to make Belle believe the world was smaller than the way that she saw it, with fewer opportunities for her. I love playing someone who didn't listen to any of that," Watson said in her acceptance speech. The actress also pointed out that was the first year MTV had genderless categories, which made the honor even more meaningful to her. "Moonlight" co-stars Ashton Sanders and Jharrel Jerome won the award for best on-screen kiss. "This award is bigger than Jharrel and I. This represents more than a kiss, it represents those who feel like the others, the misfits, this represents us," Sanders said when he took to the stage. Given the show's opening number, perhaps it was not suprising "Beauty and the Beast" won movie of the year. The Netflix newcomer "Stranger Things" took home the golden popcorn for show of the year. See below for the complete list of winners. Movie of the Year "Beauty and the Beast" -- Winner "The Edge of Seventeen" "Get Out" "Logan" "Rogue One: A Star Wars Story" Best Actor in a Movie Daniel Kaluuya -- "Get Out" Emma Watson -- "Beauty and the Beast" -- Winner Hailee Steinfeld -- "The Edge of Seventeen" Hugh Jackman -- "Logan" James McAvoy -- "Split" Taraji P. Henson -- "Hidden Figures" Show of the Year "Atlanta" "Game of Thrones" "Insecure" "Pretty Little Liars" "Stranger Things" -- Winner "This Is Us" Best Actor in a Show Donald Glover -- "Atlanta" Emilia Clarke -- "Game of Thrones" Gina Rodriguez -- "Jane the Virgin" Jeffrey Dean Morgan -- "The Walking Dead" Mandy Moore -- "This Is Us" Millie Bobby Brown -- "Stranger Things" -- Winner Best Kiss Ashton Sanders and Jharrel Jerome -- "Moonlight" -- Winner Emma Stone and Ryan Gosling -- "La La Land" Emma Watson and Dan Stevens -- "Beauty and the Beast" Taraji P. Henson and Terrence Howard -- "Empire" Zac Efron and Anna Kendrick -- "Mike and Dave Need Wedding Dates" Best Villain Allison Williams -- "Get Out" Demogorgon -- "Stranger Things" Jared Leto -- "Suicide Squad" Jeffrey Dean Morgan -- "The Walking Dead" - Winner Wes Bentley -- "American Horror Story" Best Host Ellen DeGeneres -- "The Ellen DeGeneres Show" John Oliver -- "Last Week Tonight With John Oliver" RuPaul -- "RuPaul's Drag Race" Samantha Bee -- "Full Frontal With Samantha Bee" Trevor Noah -- "The Daily Show" -- Winner Best Documentary "13TH" - Winner "I Am Not Your Negro" "O.J.: Made in America" "This Is Everything: Gigi Gorgeous" "TIME: The Kalief Browder Story" Best Reality Competition "America's Got Talent" "MasterChef Junior" "RuPaul's Drag Race" -- Winner "The Bachelor" "The Voice" Best Comedic Performance Adam Devine -- "Workaholics" Ilana Glazer and Abbi Jacobson -- "Broad City" Lil Rel Howery -- "Get Out" -- Winner Seth MacFarlane -- "Family Guy" Seth Rogen -- "Sausage Party" Will Arnett -- "The LEGO Batman Movie" Best Hero Felicity Jones -- "Rogue One: A Star Wars Story" Grant Gustin -- "The Flash" Mike Colter -- "Luke Cage" Millie Bobby Brown -- "Stranger Things" Stephen Amell -- "Arrow" Taraji P. Henson -- "Hidden Figures" - Winner Tearjerker "Game of Thrones" -- Hodor's (Kristian Nairn) Death "Grey's Anatomy" -- Meredith tells her children about Derek's death (Ellen Pompeo) "Me Before You" -- Will (Sam Claflin) tells Louisa (Emilia Clarke) he can't stay with her "Moonlight" -- Paula (Naomie Harris) tells Chiron (Trevante Rhodes) that she loves him "This Is Us" -- Jack (Milo Ventimiglia) and Randall (Lonnie Chavis) at karate -- Winner Next Generation Chrissy Metz Daniel Kaluuya -- Winner Issa Rae Riz Ahmed Yara Shahidi Best Duo Adam Levine and Blake Shelton -- "The Voice" Daniel Kaluuya and Lil Rel Howery -- "Get Out" Brian Tyree Henry and Lakeith Stanfield -- "Atlanta" Hugh Jackman and Dafne Keen -- "Logan" -- Winner Josh Gad and Luke Evans -- "Beauty and the Beast" Martha Stewart and Snoop Dogg -- "Martha and Snoop's Potluck Dinner Party" Best American Story "Black-ish" -- Winner "Fresh Off the Boat" "Jane the Virgin" "Moonlight" "Transparent" Best Fight Against the System "Get Out" "Hidden Figures" -- Winner "Loving" "Luke Cage" "Mr. Robot"
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Marella Discovery
Marella Discovery (formerly Splendour of the Seas and TUI Discovery) is a former Royal Caribbean International Vision-class cruise ship now sailing for Marella Cruises. The second in the line of the Vision-class ships, she features a seven-story lobby, rock-climbing wall, and a 9-hole miniature golf course.
Following the announcement on 9 October 2017 that Thomson Cruises would be renamed Marella Cruises, TUI Group also announced that TUI Discovery would adopt the name Marella Discovery at the end of October 2017, and also that she would become the first ship in the Thomson fleet to be based in Asia, home porting Malaysia in Autumn 2018, following the end of her UK debut season.
History
Marella Discovery was built for Royal Caribbean International as Splendour of the Seas by Chantiers de l'Atlantique at their shipyard in Saint-Nazaire, France. The ship was assigned the yard number "B31", and was launched on 17 June 1995 by Lisa Wilhelmsen. The ship is registered to the port of Nassau, in the Bahamas. Maiden voyage for Splendour of the Seas commenced on 31 March 1996.
On 31 October 2011, Royal Caribbean and Spanish shipyard Navantia signed a contract for Splendour of the Seas to receive structural modifications, maintenance to the propellers, propeller shafts and rudder, and interior upgrades, including new dining and public areas, 124 new balconies, and improvements to staterooms. The work was expected to take about five weeks to complete.
Until April 2016, Splendour of the Seas was based in Brazil during the southern hemisphere summer, doing a series of itineraries from three to twelve nights throughout South America, and is based out of Venice, Italy during the northern hemisphere summer, sailing seven night cruises to the Eastern Mediterranean.
In March 2015, Royal Caribbean sold Splendour of the Seas to TUI Cruises who was then sub-chartered to Thomson Cruises, with the final sailing for Royal Caribbean departing on 4 April 2016. The ship was renamed TUI Discovery and was based in Palma, Mallorca and Bridgetown, Barbados starting in June 2016 after refurbishment. She was originally going to be renamed Thomson Discovery, but the name was changed to TUI Discovery as part of their rebranding.
On 22 October 2015 whilst sailing on a cruise in the Mediterranean, Splendour of the Seas suffered an engine-room fire, which was extinguished after 2 hours by the crew. There were no injuries reported by Royal Caribbean and the ship continued its journey to the port of Venice.
Splendour of the Seas spent her last season with Royal Caribbean International by sailing from Dubai on 7-8 night cruises, visiting destinations such as Muscat, Oman and Abu Dhabi throughout November 2015 - March 2016.
Design
The gross tonnage of Marella Discovery is 69,130, and she has a displacement of 35396 t. The cruise ship is 264 m in length overall, with a beam of 32 m, a draft of 7.9 m in summer conditions, and an air draft of 50 m. The propulsion system consists of five Wärtsilä Vasa 12V46B engines, which supply 11,700 kW each to the ship's two, 5.8 m diameter, fixed pitch propellers. Maximum speed is 24 kn, with the ship taking 1892 m and 6 minutes, 45 seconds to come to a full stop. Main propulsion is supplemented by two 1500 kW bow thrusters and a 1,728 kW stern thruster. Two 10.8 sqm, 6.1 m, the ship is also equipped with stabilizers.
Facilities and layout
The ship has eleven passenger accessible decks, with passenger accommodation located on decks 2 to 3 and 6 to 8. Up to 2,074 passengers can be carried, in 902 cabins. Most of the outdoor public facilities are on decks 9 and 10. Indoor passenger facilities include a theater, casino, and a main dining room.
The standard crew complement is 720, with accommodation for another 30 if required; most crew accommodation is located near the bottom of the ship, on deck 0 and 1. The bridge is located forward on deck 8. Onboard equipment can generate 1,100,000 L of fresh water every day, 600,000 L of which will be used aboard during the same period.
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WIKI
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Page:Marie Corelli - the writer and the woman (IA mariecorelliwrit00coat).pdf/54
"Phœbus loosens all his golden hair Right down the sky—and daisies turn and stare At things we see not with our human wit,"
and
"A tuneful noise Broke from the copse where late a breeze was slain, And nightingales in ecstasy of pain Did break their hearts with singing the old joys."
There are scores of passages like these. The great gifts displayed in the volume certainly afforded some justification a few years afterwards for the strenuous efforts which Marie Corelli made to get her stepbrother made Poet Laureate.
The "Love-Letters of a Violinist," great as was their success as poems, did not prove lucrative. Miss Corelli had provided for the first issue; afterwards Mr. Eric Mackay made a free gift of the book to the publishers of the Canterbury Poets series. The sales have since been considerable, but the arrangement made by Mr. Mackay was one which, of course, did not benefit him financially.
Shortly after the publication of "The Love-Letters of a Violinist," there were serious developments in Dr. Charles Mackay's illness. He was stricken down with paralysis, and the pinch of poverty was being felt, for there was very little
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WIKI
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Where is the bing picture from today
• Bing: Bing is a web search engine, similar to Google. It’s known for displaying a different image on its homepage every day.
• Bing Picture of the Day: This is a special feature of Bing, where a new, high-quality image is showcased daily on its homepage.
Step-by-Step Guide to Find Bing Picture from today
Step 1: Open Your Web Browser
Part A: Finding Your Web Browser
1. Understanding Web Browsers:
• Definition: A web browser is a software application used to access information on the World Wide Web. Think of it like a gateway to the internet.
• Common Browsers: The most widely used browsers are Google Chrome (a round icon with red, yellow, green, and blue), Mozilla Firefox (a red and orange fox around a blue globe), Microsoft Edge (an e-like swirl in blue), and Safari (a compass).
2. Locating the Browser Icon:
• On the Desktop: The desktop is the screen you see when your computer is on but you haven’t opened any programs. Look for the browser icon here. It might be labeled with the browser’s name.
• In the Start Menu or Applications Folder:
• Windows Users: Click the Windows Start button (usually in the bottom left corner of the screen). Look for the browser in the list of programs or type its name in the search bar.
• Mac Users: Click on the Finder icon (smiling face in the dock), then select ‘Applications’. Scroll through until you find the browser icon.
Part B: Opening the Browser
1. How to Open:
• Double-Clicking: Move your mouse pointer over the browser icon and click the left mouse button twice quickly. This action is called ‘double-clicking’ and is a common way to open programs on a computer.
• Using a Trackpad: If you are using a laptop with a trackpad, use two quick taps with your finger on the trackpad over the browser icon.
2. What Happens Next:
• Browser Window Opens: After double-clicking, a new window will open. This is the main window of your web browser.
• Homepage or Blank Page: You might see a webpage immediately (this is your homepage), or you might see a blank page with an address bar at the top.
3. Maximizing the Browser Window:
• Full-Screen View: If the browser window doesn’t cover the whole screen, you can maximize it. Look for a square or two overlapping squares icon in the top right corner of the window (next to a ‘minus’ and an ‘X’). Click it, and the window will enlarge to fill the screen.
4. Address Bar Familiarization:
• Purpose of Address Bar: The long bar at the top of the browser is where you type web addresses (URLs) like www.bing.com. It may already have some text in it or be blank.
• Using the Address Bar: Click into this bar to type a web address. You can erase any existing text by clicking in the bar and using the backspace key on your keyboard.
5. Troubleshooting:
• If the Browser Doesn’t Open: If double-clicking doesn’t work, try again, ensuring your clicks are quick and close together.
• If You Can’t Find the Browser: If you can’t locate the browser, it might not be installed. You may need assistance to download and install it.
Step 2: Go to Bing’s Website
Part A: Entering the Web Address
1. Locating the Address Bar:
• What is the Address Bar?: The address bar, also known as the URL bar, is a text field at the top of your browser window. It’s where you type the web addresses (URLs) of sites you want to visit.
• Identifying the Address Bar: It’s usually a long, rectangular box. You may see text or a web address already in it, or it might be blank. It will have a cursor blinking in it if it’s active.
2. Using the Address Bar:
• Clicking into the Address Bar: Move your mouse pointer over the address bar and click once with the left mouse button. This will activate the address bar and you can start typing.
• Erasing Existing Text: If there’s already a web address or any text in the address bar, you can remove it by pressing the ‘Backspace’ key on your keyboard until all the text is deleted.
3. Typing in Bing’s Web Address:
• Entering the URL: With the address bar active and clear, type in www.bing.com. Make sure to type it exactly as shown, without any extra spaces.
• Pressing Enter: Once you’ve typed in the address, press the ‘Enter’ key on your keyboard. This tells your browser to go to the website you’ve typed in.
Part B: What to Expect on Bing’s Homepage
1. Loading Bing’s Homepage:
• Initial Loading: After pressing ‘Enter’, it might take a few seconds for the Bing homepage to load. Your internet speed will affect how quickly the page loads.
• Checking Internet Connection: If the page doesn’t load, ensure your computer is connected to the internet. You might see an error message if there’s no internet connection.
2. Bing’s Picture of the Day:
• Spotting the Picture: The Bing homepage prominently displays a large, high-quality image. This is Bing’s picture of the day.
• Image Changes Daily: The image you see today will be different from what you’ll see if you visit the site tomorrow.
3. Interacting with the Bing Homepage:
• Hovering for Details: Move your mouse over the image. You may see small boxes pop up with information or interesting facts about the picture.
• Exploring Further: Sometimes, clicking on these boxes can lead you to more information or related articles.
4. Using Bing for Searches:
• Bing’s Search Bar: Above or below the picture, you’ll find a search bar where you can type queries. Just type what you’re looking for and press ‘Enter’ to search using Bing.
Step 3: Learn About the Picture
• Finding Information on the Image:
• Look for an ‘i’ Icon: On the Bing homepage, hover your mouse over the picture. You might see an icon that looks like a lowercase ‘i’ or a small circle with an ‘i’ inside it.
• Click on the Icon: Clicking on this icon usually brings up information about the image, such as where it was taken and the photographer’s name.
• Exploring More: Sometimes, there are clickable areas on the image itself. Hovering over these areas can reveal interesting facts or take you to related articles.
Step 4: Daily Change – Bing’s Picture of the Day
Understanding the Daily Change
1. New Image Every Day:
• Concept: Bing features a unique image each day on its homepage. This means the large, prominent picture you see today will be replaced with a different one tomorrow.
• Variety of Images: These images range from stunning landscapes and cityscapes to intriguing wildlife and cultural events from around the world.
2. Why Does Bing Change the Picture Daily?
• Engagement: Changing the picture daily keeps the Bing homepage fresh and interesting. It encourages users to visit daily to see the new image.
• Educational Aspect: Each picture often comes with interesting facts or information, providing an educational element to the user’s experience.
What to Expect Each Day
1. Different Themes and Locations:
• Global Perspective: The images showcase diverse places and themes. One day you might see a mountain range, and the next day it could be a cultural festival from a distant country.
• Seasonal Relevance: Sometimes, the images are chosen to reflect current seasons, holidays, or significant global events.
2. Interactive Elements:
• Information Boxes: When you move your cursor over the image, look out for small text boxes or icons that appear. Clicking these can reveal fascinating facts about the image.
• Links to Articles: Some images include clickable links that take you to articles or photo galleries related to the image, offering a deeper dive into the subject.
Tips for Regular Viewing
1. Making Bing Your Homepage:
• If you enjoy the daily images, consider setting Bing as your homepage. This way, each time you open your browser, you’ll be greeted with the new Bing image of the day.
• Setting Bing as your homepage can usually be done in the settings or preferences section of your browser.
2. Bing Wallpaper App:
• For Windows Users: There’s an application called ‘Bing Wallpaper’ that you can install on your computer. It changes your desktop wallpaper to Bing’s image of the day.
• Download and Installation: You can download this app from Bing’s website and follow the instructions to install it.
3. Using Mobile Devices:
• Bing on Smartphones: If you use a smartphone or tablet, you can visit Bing’s website through your device’s web browser to view the daily image.
• Bing App: There’s also a Bing app available for smartphones, which shows the daily image and offers a mobile-optimized search experience.
Tips for Newbies
• Bookmarking Bing: If you like the Bing picture of the day, you can bookmark Bing’s website for easy access. Look for a star icon or ‘Add Bookmark’ option in your browser.
• Using a Search Engine: Bing is also a search engine. You can use it to look up information, just like you would with Google.
• Browser Choice: You can use any web browser to access Bing. It doesn’t have to be Microsoft Edge.
Deja un comentario
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ESSENTIALAI-STEM
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Western Australia's longest river is the Gascoyne that is 855 kilometres long.
The odd thing about this river is that it mostly flows underground, and only becomes a 'normal' river after the rains. It only flows above ground for about
one third of each year. It was named by George Grey in 1839 in honour
of Captain Gascoyne. Grey was the first European to note that the land near the mouth of the river was promising for agriculture. The river rises in the Robinson
Ranges between Newman and Meekatharra.
Grey's journal records the moment he located the river:
'We thus continued running along the coast until we made a large opening which was about three-quarters of a mile across at the mouth. On either side of the
entrance was a sandy point, covered with pelicans and wild-fowl who seemed to view our approach with no slight degree of surprise. As yet we did not know the
proper entrance to the river (for such it was) so that where we ran into it we had only two feet of water. Three low hills were immediately in front of us, and I
afterwards ascertained that the proper course for entering was to steer so as to keep the centre of the opening and the middle hill in the same line.
The opening now widened into a very fine reach, out of which the water was running rapidly, and when we had ascended about a mile I saw large trees, or
snags (as they are called by the Americans) sticking up in the bed of the river; as these trees were of a very large size, and evidently had come from a
different country to the one we saw upon the river banks, I felt assured that we had now discovered a stream of magnitude, and, the eager expectations
which these thoughts awoke in our breasts rendering us all impatient, we hauled down our sail and took to the oars. The bed of the river however became
choked with shallows and sandbanks, and when we had ascended it about three miles, the water having shoaled to about six inches, I selected a suitable
place for our encampment and prepared to start and explore the country on foot.'
The river is the main source of water for the fruit plantations in Carnarvon even though for around 240 days of the year it appears to be completely dry.
Note: W.A.'s second longest river is the Murchison which is a mere 45 kilometres shorter than the Gascoyne.
(C) Gary Ablett's YouTube channel.
Best time to visit:
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FINEWEB-EDU
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Talk:XXX (2002 film)/Archive 1
Director's Cut
The XXX: State of the Union article claims that XXX dies in the Director's Cut of the movie. Can someone verify and elaborate on this? And, if this is the case, then how is it that Vin Diesel was originally signed on for the sequel? Was the scene in the Director's Cut where XXX died left out specifically in order to leave the possibility of a sequel? --LostLeviathan 05:36, 3 December 2005 (UTC)
* I've bought the Director's Cut in DVD and Cage does not die there. The Cut adds some scenes and makes other scenes longer, but that's all. However, I haven't seen the extras. So there might be something going on in them. -Abaraibar 11:05, 4 December 2005 (UTC)
* There's an extra on the Uncensored Unrated Director's Cut DVD entitled "The Final Chapter - The Death of Xander." It's a short that connects the first film with the sequel and was made after Vin Diesel decided not to participate in the sequel. Xander Cage was played by Kristian Lupo, one of Vin Diesel's stunt doubles.
Costume Question
I know this is an incredibly weird question, but does anyone know what the hell kind of pants VD is wearing for the first part of the movie? --<IP_ADDRESS> 01:29, 13 December 2005 (UTC)
lil question
!!
right heres what buggin me in XXX when cage is checkin out the cars yuris got for him a song plays when he unveils the gto from under the cover i jus wondered if any1 knows what its called cheers
Cars
Not be annoying, but who cares about the cars in the film? :/ —♦♦ SʘʘTHING (Я) 22:09, 6 August 2006 (UTC)
* I don't know. I pulled the entire section. Half of the cars on the list were never seen, only mentioned and had absolutely no relevance. At any rate, it's not a car flick, so I axed it. EvilCouch 23:55, 26 November 2006 (UTC)
trivia?
The line 'Although not explicitly stated in the movie, director Rob Cohen stated within an audio commentary track for the DVD release that the antagonist, Yorgi, was meant to be an anarchist and alluded to the other members of Anarchy 99 as being anarchists as well.' is kind of pointless. The term 'Anarchy' in the groups name is indicative that they are anarchists. Also, in the dialogue within the movie X and Yorgi discuss ideals (when yorgi quotes the punk song). Do we really need to explicitly state that they are anarchists? -Localzuk(talk) 20:19, 6 January 2007 (UTC)
* As I was the editor who originally posted that Trivia note, I should explain why I found it necessary. Associating with anarchists, and being an anarchist myself, one might imagine I would recognize a fictional anarchist when I see one. However, I find nothing within the movie Explicitly refers to the antagonists within the film as being anarchists. This is key. An explicit reference to anarchy should be required for such a thing, as within pop culture there is little understanding of anarchy (or ism, if you are not of the post-left trajectory.) Let us run down this list you've presented: 1) The rebel/crime group is referred to as "Anarchy 99." Yorgi even states in the line why this is so, "that is what we have been living in for the past three years." (I'm paraphrasing.) Granted, if we lived in a society that associated anarchy with anarchism, this would be clear, but we sadly do not. Anarchy is associated with wanton violence and mayhem. As such, many may assume the name is a reference to the groups criminal behavior; 2) Within the film, Yorgi and Xander speak of vague ideals of "freedom", but this isn't grounded in any named philosophy, and quoting punk songs should not be confused with a discourse on anarchist philosophy. Not all anarchists are punks, myself included; 3) Yorgi's monologue is perhaps the most overt reference to anarchy as a political philosophy made in the movie, but listening to it near the end of the film caused me to react to it within the context of everything I had seen proceeding it -- that Yorgi was simply speaking of vague freedoms from responsibility. By the end of the film, I was confused into believing Yorgi was a Russian Nihilist, until I listened to the director's commentary, in which Rob explicitly explains that Yorgi was intended to be an anarchist (a word never even used in the film.) He then proceeded to explain his interpretation of anarchism, which was predictably negative.
* Now don't get me wrong. I agree that this should be removed from the Trivia section, but only because trivia sections in general are frowned upon, and are intended only as temporary caches for facts.
* I suggest creating a subsection for themes expressed in the movie, and including anarchism as a subsection within it. Other themes which Rob Cohen described in the commentary were iconoclasm, and nihilism. Anarchism was intended as a component of this. His meta-theme was the creation of a new form of spy film for a younger generation. The "death of the tuxedo" opening scene can also be mentioned. A villain as anarchist was meant to be a replacement for the villain as capitalist, or communist. I haven't watched the movie or listened to the director's commentary in a while, so I can't do this myself. However, I invite you and other editors to make the attempt. --Cast 03:09, 7 March 2007 (UTC)
Hang on, I see what happened. When the Soviet Union fell, ANARCHY did indeed happen in the former Warsaw Pact countries. The governments were in chaos, the Army was one step away from martial law, coups could have happened at any time. Food, fuel, basic necessities were scarce. This is not the ideal "punk rock" version of anarchy, nor is it the "hippie" ideal of everyone loving each other in peace version of anarchy. This is what Anarchy really is: the breakdown of civil law and authority. The chaos that leads to strongmen/warlords coming into power much like Genghis Khan or Saddam Hussein, taking the country over and ethnic cleansing is the result. Instead of everyone loving each other peacefully and no police to stop a guy from smoking weed, you get armed factions killing unarmed peaceniks just because they can. THAT is the Anarchy referred to in the film. —Preceding unsigned comment added by <IP_ADDRESS> (talk) 02:04, 22 October 2008 (UTC)
The antagonist can't be anarchist because they are an organisation with leaders in charge of it, specifically Yorgi. That defeats the entire point of anarchism. — Preceding unsigned comment added by <IP_ADDRESS> (talk) 19:34, 18 May 2014 (UTC)
* But near the end, when the rocket boat is launched or a bout to be launched or just before he buys the farm, Yorgi talks about no more large cities and no more governments - that's what anarchy is all about. 03:14, 17 June 2014 (UTC) — Preceding unsigned comment added by <IP_ADDRESS> (talk)
* Having a simple gang-oriented power structure as seen in the film isn't contrary to anarchism. There's a very rudimentary, over-simplified, and downright incorrect view of anarchy by society at large that the term and philosophy is consistent with utter chaos. This, I doubt, is how few modern, practicing anarchists would identify themselves. Anarchy is about a lack of government and large-scale social organization. While these FORMAL institutions are frowned upon, most anarchists believe or subscribe to a sort of "survival of the fittest" mentality. Outright chaos is bad for everyone, no matter what political beliefs one subscribes to. Anarchists, ones not born of a dozen punk albums at least, understand that there will ALWAYS be power struggles, they just believe that this "power" should be derived from something a little more...primal? natural? innate? ...than our current systems of government. So if Yorgi was the "leader" of his little crew, it was because he was the most vicious, ruthless, whatever, and his underlings preferred his "rule" to anything that they could come up with. They're his willing subjects, presumably free to come and go, unlike the government. If someone doesn't like it, they can usurp, walk away, whatever...much different than being dissatisfied with a country's government. Patrick of J (talk) 09:26, 14 July 2014 (UTC)
The plot violates copyright
The plot summary should be a summary. As it stands, it is a copyright violation as it tells the entire story. I am rewriting to try and get it down to the maximum size of 600 words. Please do not add any more detail to this summary.-Localzuk(talk) 20:36, 4 June 2007 (UTC)
* I have done a brief summary, can someone expand it a little to around 600 words - but do not go into huge amounts of detail? Cheers, Localzuk(talk) 20:57, 4 June 2007 (UTC)
Made sections
Made new sections (Writing and Marketing) and added what was already listed under the introduction section. Also moved some info under the appropriate section. --MikeAllen (talk) 00:40, 12 October 2009 (UTC)
wats the name of the of the song dring Columbia with the hip hop song of latinos
Requested move
The result of the move request was: page moved per MOS:TM and MOS:CAPS -- JHunterJ (talk) 17:24, 22 April 2012 (UTC)
XXx → XXX (film) – The title of film is the nickname of main character (Xander Cage), "Triple X", or it should have been "XXX", not a stylized "xXx" one. Silvergoat (talk∙contrib) 13:40, 15 April 2012 (UTC)
* Support. One of the clearest cases in recent times: a misleading and almost totally uninformative title. Without the addition, an unmitigated irritant for almost every reader unfortunate enough to stumble upon it; with the clarifying precision, informative for everyone, and entirely innocuous.
* See the DAB page XXX, with its dozens of entries; see 41 content pages that include "xxx", with various mixes of case.
* N oetica Tea? 00:15, 16 April 2012 (UTC)
* Support, but on MOS:TM and MOS:CAPS grounds, not for being "uninformative". Powers T 15:49, 16 April 2012 (UTC)
* Support per LtPowers. Steam5 (talk) 03:31, 19 April 2012 (UTC)
Mountains
Where are the majestic mountains shown in the avalanche scene? I never saw anything like that when I was in Prague.<IP_ADDRESS> (talk) 03:17, 17 June 2014 (UTC)
xXx vs xXX vs XXx vs XXX
Per above discussion this was renamed from "XXx" to "XXX (film)". However, currently the title shows as "xXX (film)". If it cannot be "xXx", so why not just let it be "XXX (film)", without lowercases? <IP_ADDRESS> (talk) 17:02, 5 August 2014 (UTC)
* Whoever changed it from xXx to XXx bit off more than they could chew, and made WP look like fools by not backing off and asking for help. Help is here. --Jerzy•t 20:54, 6 August 2014 (UTC)
* In my role as a member of the WP community, i would feel remiss if i failed to comment on this ridiculous miscarriage of the decision-making process. The International Union of Pure and Applied Chemistry did not stop to ask themselves whether "van der Waals" was a trademark and neither should we. And in fact, "de Havilland" (or FAIK "De Havilland", or both) is a trademark for aircraft, but no one but an idiot spells it with a capital D in the middle of a sentence, nor do they with de Havilland Hornet.
* (A trademark is in use when the purveyor of a product displays it to assure the potential consumer of the fact that the product comes from them; the studio may have a registered trademark on "xXx" that is applicable not just to films but also whatever it is they call the vaguely related junk sold to fans of the films. We are not writing about the trademark, but about several films that have titles that (as far as we are concerned just happen to) match or include what is presumably also a trademark. It's convenient for purposes of profit to assert the trademark to prevent competitors from confusing moviegoers, but each title's core function is as the title of a particular work and cannot reasonably detract from the properties that titles have. Whether there's a trademark or not, our article is about the movie, not the trademark, and the article's title should reflect the films title. (It is the decision of the author and the publisher how to title a book (or correspondingly for other medium), and i would not have any other strong view about the decision to publish de Kooning: An American Master. Given our medium (and being a 'pedia, not a dict), we can do a better job for users by upcasing unless the first word is a proper name that does not get upcased in the middle of a sentence -- and our doing so does not constitute any judgment about whether it should get upcased at the beginning of a sentence or the beginning of titles that are not articles in on-line encyclopedia-style references. (While the art of the film posters probably doesn't have a typical upper-to-lower-case ratio, the center X is clearly larger than the outer ones. More to the point, the articles in IMDb (which clearly cultivates a strong working relationship with the industry) is clear in using "xXx". And perhaps to the point, the entrepreneurs probably liked the racy hint of XXX that's provided by "xXx", but wanted a few printer's-points deniability from it.)
* In my role as an editor with a grasp of the technical issue that has probably impeded implementation of the lousy decision, i came to the page to fix the title to what it obviously should be, but i'm not going to use the relative scarcity of that savvy as a club against the presumptively binding decision. When the miscarriage of the decision is eventually reversed, i'd be honored to make the proper fix as well. --Jerzy•t 20:54, 6 August 2014 (UTC)
Requested move 2
* The result of the discussion was not moved. -- Tavix ( talk ) 20:48, 28 July 2016 (UTC)
XXX (2002 film) → – "XXX" would refer to pornography. 2A02:C7D:564B:D300:F4E6:BFC0:4929:9A34 (talk) 20:35, 8 July 2016 (UTC)
* Don't know if the reasoning given above is valid. There appears to be inconsistencies between XXX: State of the Union and xXx: The Return of Xander Cage. It could be argued that "xXx" is a stylization. — Andy W. ( talk · ctb) 01:21, 9 July 2016 (UTC)
* Oppose Not a valid request and per WP:NCF. Lugnuts Dick Laurent is dead 09:05, 9 July 2016 (UTC)
External links modified
Hello fellow Wikipedians,
I have just modified one external link on XXX (2002 film). Please take a moment to review my edit. If you have any questions, or need the bot to ignore the links, or the page altogether, please visit this simple FaQ for additional information. I made the following changes:
* Added archive https://web.archive.org/web/20120502204201/http://www.rammstein.de/history/ to http://www.rammstein.de/history/
Cheers.— InternetArchiveBot (Report bug) 17:25, 29 November 2017 (UTC)
Semi-protected edit request on 1 February 2018
<IP_ADDRESS> (talk) 16:50, 1 February 2018 (UTC)
* Red question icon with gradient background.svg Not done: it's not clear what changes you want to be made. Please mention the specific changes in a "change X to Y" format and provide a reliable source if appropriate. Ivec os (t) 17:56, 1 February 2018 (UTC)
Semi-protected edit request on 13 March 2018
<IP_ADDRESS> (talk) 16:19, 13 March 2018 (UTC)
* Red question icon with gradient background.svg Not done: it's not clear what changes you want to be made. Please mention the specific changes in a "change X to Y" format and provide a reliable source if appropriate. qwerty6811 :-) Chat Ping me 16:47, 13 March 2018 (UTC)
Semi-protected edit request on 29 March 2018
<IP_ADDRESS> (talk) 15:03, 29 March 2018 (UTC) Not done: it's not clear what changes you want to be made. Please mention the specific changes in a "change X to Y" format and provide a reliable source if appropriate. No request was made. ‑‑ El Hef ( Meep? ) 15:11, 29 March 2018 (UTC)
Semi-protected edit request on 21 May 2018
<IP_ADDRESS> (talk) 14:38, 21 May 2018 (UTC)
* Red question icon with gradient background.svg Not done: it's not clear what changes you want to be made. Please mention the specific changes in a "change X to Y" format and provide a reliable source if appropriate. NiciVampireHeart 14:46, 21 May 2018 (UTC)
Semi-protected edit request on 25 June 2018
<IP_ADDRESS> (talk) 03:46, 25 June 2018 (UTC)
* Red question icon with gradient background.svg Not done: it's not clear what changes you want to be made. Please mention the specific changes in a "change X to Y" format and provide a reliable source if appropriate.-- QueerFilmNerd talk 04:11, 25 June 2018 (UTC)
Move discussion in progress
There is a move discussion in progress on Talk:XXX (film series) which affects this page. Please participate on that page and not in this talk page section. Thank you. —RMCD bot 20:48, 5 November 2018 (UTC)
Most researched movie and music ever
This movie came out in 2002. In 2003 started this article. In 2009 made the article for the soundtrack at XXX (soundtrack). Pageviews / Topviews is able to report the most popular Wikipedia articles starting around 2016. As far back as the data goes, these two have been among the most popular Wikipedia articles. This is the world's most researched movie, and the soundtrack is the world's most researched music composition. The world is in a frenzy to access encyclopedic general reference content about this movie.
I know that Wikipedia typically does not intervene in academic critique but the world of film critique seems to have passed these two. I wish we could somehow encourage film students to deconstruct the movie and for music theorists to analyze the soundtrack, because apparently of all the art which humanity has produced these are the apex of query and attention. A research publication on every scene in the movie would not be excessive, and a review of every song would merely meet the evidence of 10-years of consistent demand. There are hardly any sources cited in these articles and if no one publishes more art reviews, then those sources may never come to exist to meet reader interest.
Evidence suggests that more people have researched this movie than almost any other concept ever. Blue Rasberry (talk) 19:04, 2 July 2019 (UTC)
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WIKI
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Practical difference between epoll and Windows IO Completion Ports (IOCP)
Introduction
This article compares the difference between the use of epoll and Windows I/O Completion Port (hereby IOCP).
It may be of interest to system architects who need to create a high-performance cross-platform networking servers, and to software engineers porting such code from Windows to Linux or vice versa. It may also be of interest to the developers familiar with one technology who would like to learn more about another one.
Both epoll and IOCP are efficient technologies when you need to support high performance networking with a large number of connections. They differ from other polling methods in may ways such as:
• They have no practical limitations (besides system resources) on the total number of descriptors/operations to monitor;
• They scale well with a VERY large number of descriptors; each adds very little overhead comparing to other polling/notification methods;
• They are suitable to a thread pool based model, when a small thread pool handles a large number of connections through a state machine;
• They are not effective, burdensome and essentially useless if all you need is a couple of client connections; their purpose is to handle 1000+ simultaneous connection;
In short, those technologies are suitable for creating a networked server which has to concurrently serve a very large number of clients. However at the same time those technologies differ significantly, and it is important to understand how they differ.
Notification type
The first and most important difference between epoll and IOCP is when you can receive a notification.
• epoll tells you when a file descriptor is ready to perform a requested operation – such as “you can read from this socket now”.
• IOCP tells you when a requested operation is completed, or failed to complete – such as “the requested read operation has been completed”.
When using epoll an application:
• Decides what action is required to be performed on a specific descriptor (receive data, send data or both);
• Sets the polling mask for the descriptor via epoll_ctl
• Calls epoll_wait which blocks until at least one monitored event is triggered. If more than one event is triggered, the function picks as many as it could.
• Finds the event data pointer from the data union.
• If the specific bits are set in the associated revent structure, initiates the specific operation (such as read, write or both)
• After the operation completes (which should be immediate), proceeds with the data read or send more data if any;
• Notably, the descriptor may have both events set at the same time, so the application can perform both read and write.
With IOCP an application:
• Initiates the required action on a specific descriptor (ReadFile or WriteFile) with the nonzero OVERLAPPED argument. The system queues the operation and the function returns immediately (as a side note, the function may complete immediately but this doesn’t change the logic since even the operation which completed immediately still posts the completion notification; this could be turned off on Vista+ though).
• Calls GetQueuedCompletionStatus() which blocks until exactly one operation is completed and posted the notification. It makes no difference if more than one operation completes, this function will only pick one.
• Finds the event data pointer from the completion key and the OVERLAPPED pointer.
• Proceed with the data read or send more data if any;
• Only one completed operation could be got from a queue at the same time;
The difference between notification types makes it possible – and fairly easy – to emulate IOCP with epoll while using a separate thread pool. Wine project does just that. However it is not that easy to do the reverse, and I don’tt know of any easy way to emulate epoll with IOCP, and it looks rather impossible to keep the same or close performance.
Data accessibility
If the read operation is planned, there should be a buffer in your code somewhere to read into. If the write operation is planned, there should be a buffer in your code with the data to write.
• epoll doesn’t care about those buffers and does not use them
• IOCP cares. Because IOCP works as “read 256 bytes into this buffer” -> return to OS -> completion notification, the buffer must not be touched from the moment read is invoked until the operation completion notification is received. Which may take a while.
A networked server typically operates with connection objects which contain the socket descriptor as well as other linked data such as buffers. Typically those objects are destroyed when the relevant socket is closed. There are, however, certain limitations when using IOCP.
IOCP works by queuing the ReadFile and WriteFile operations, which will complete later. Both read and write operate on buffers, and require the buffers passed to them to be left intact until the operation completes. More, you are not allowed to touch the data in those buffers. This places several important restrictions:
• You cannot use a local (stack-allocated) buffer to read the data into, or send the data from , because the buffer must be valid until the operation completes, which typically happens after you leave the function and thus invalidate the buffer pointers;
• You cannot dynamically reallocate the output buffer, for example if there is more data to send, and you decide to increase the buffer size. You cannot do this if there is a pending operation on this buffer, because this would invalidate the buffer. You can create a new buffer, but cannot destroy the old one, and since you don’t know how much data would be sent, this makes the code more complex.
• If you write a proxy application, most likely you would have to introduce the double buffering, because both sockets would always have an active operation pending, and you could not touch their buffers.
• If your connection manager class is designed the way it could destroy the connection class anytime (for example when the connection class reported an error while processing the received data), your class instance cannot be destroyed until all the pending IOCP operations complete.
IOCP operation also requires the pointer to an OVERLAPPED structure, which also has to be kept intact – and not reused – until the operation completes. This also means if you need to do both reading and writing at the same time, you cannot inherit your class from the OVERLAPPED structure – a common design pattern. You would have to keep two structures as members of your socket class instead, passing one for use with ReadFile and another one for use with WriteFile.
epoll, however, does not use any I/O buffers, and therefore none of those issues apply.
Waiting condition modification
When adding a new event condition (such as we waited for socked available for reading, but now we also want to wait until it is available for writing), both epoll and IOCP make it easy to add a new condition. Epoll allows the polling mask to be modified anytime, and IOCP allows to start the new operation anytime.
Modifying or removing an existing condition, however, is different though. Epoll allows to easily modify a condition by using a single epoll_ctl call. It could be performed from any thread, and will works safely even if other threads are waiting for the condition.
IOCP is much more burdensome. If an I/O operation is scheduled, it should be canceled first by calling the CancelIo function. This function could only be called by the thread which scheduled the operation (i.e. it cannot be called by a dedicated management thread), and the operation status is unknown until the GetOverlappedResult retrieves the operation status. As stated above, this also means the buffers are untouchable until it happens.
Another issue with IOCP is that once the operation is scheduled it cannot be changed. For example, you cannot modify the queued ReadFile and tell it you’d like now to read only 10 bytes and not 8192; you’d have to cancel and reissue it. This is not an issue with epoll which does not schedule the operations.
Non-blocking connect
Some server implementations (inter-linked servers, FTP, p2p) need to initiate outbound connections. Both epoll and IOCP have support for the non-blocking connect, although different.
Using epoll, the code is the same whether you use select, poll or epoll. You create a non-blocking socket, call connect() on it and monitor it for writing (EPOLLOUT) condition.
Using IOCP you need to use a dedicated function ConnectEx, because the connect() call does not accept the OVERLAPPED structure and therefore cannot generate the completion notification. So not only the implementation will be different from the epoll, it would be different from the regular Windows implementation which uses select or poll. However the needed code change is rather small and insignificant.
An interesting note that accept() works as usual with IOCP. There is an AcceptEx function, but its role is completely different. It is not a non-blocking accept().
Event monitoring
Often there is more data has arrived while the original event condition is triggered. For example, the epoll which monitors the descriptor for reading, or IOCP waiting for the ReadFile to complete, are triggered by the socket receiving the first chunk of data. Now what happens if there are another few chunks of data arrived after that? Is it possible to safely retrieve them without polling?
With epoll it is possible. Even if you receive only one read event, you can loop read()ing from the socket until you either read less than a requested amount, or got the EAGAIN error (and if you use the epoll edge mode you must do exactly that). Same with sending the data, if your producer sends the data in small chunks, you can loop around the write() call until EAGAIN.
With IOCP it is not possible. To read more data from the socket you need to post another ReadFile or WriteFile operation, and wait until it completes. This may create additional level of complexity. Consider the following example:
1. A socket class posted the ReadFile operation, and threads A and B are waiting in GetOverlappedResult()
2. The operation has been completed, thread A got the operation result, and called the socket class to process the read data
3. The socket class decided to read more data, and posted another ReadFile operation
4. This operation completed immediately, thread B got the result and called the socket class to process the read data
5. Now the read processing function is being called by two threads at the same time, with the execution order unknown.
There are of course a few ways to avoid this. First would be to have a lock per-class, but this introduces another issue. Locks aren’t unlimited, and if you need to support 100k concurrent connections, you may run out of locks. You would also lose some concurrency, because your execution path for processing the read data may have nothing in common with the execution path for processing the written data.
The usual solution is to have the connection manager class call the ReadFile or WriteFile for the class. This is better – and as a bonus, allows destroying the class if needed – but makes the code more complex.
Conclusion
Both epoll and IOCP are suitable for, and typically used to write high performance networking servers handling a large number of concurrent connections. However those technologies differ significantly enough to require different event processing code. This difference most likely will make a common implementation of connection/socket class meaningless, as the amount of duplicated code would be minimal. In several implementation I have done an attempt to unify the code resulted in a much less maintainable code comparing to separate implementations, and was always rejected.
Also when porting, it is usually easier to port the IOCP-based code to use epoll than vice versa.
So my suggestion:
• If you need to develop the cross-platform networking server, you should focus on Windows and start with IOCP support. Once it is done, it would be easy to add epoll-based backend.
• Usually it is futile to implement the single Connection and ConnectionMgr classes. You will end up not only with a whole lot of #ifdef’s but also with different logic. Better create the base ConnectionMgr class and inherit from it. This way you can keep any shared code in the base class, if there’s any.
• Watch out for the scope of your Connection, and make sure you do not delete the object which has read and/or write operations pending.
This entry was posted in Uncategorized.
2 Responses to Practical difference between epoll and Windows IO Completion Ports (IOCP)
1. Emjayen says:
NT6 and later support dequeuing of multiple IO completion packets per system call via GetQueuedCompletionStatusEx — it’s the preferred method as it reduces the number of context switches per packet.
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Motors, Electrical - Canada (CA)
Federal Supply Class (FSC): 6105
NATO Supply Classification Class (NSC): 6105
Federal Supply Group (FSG): 61 Electric Wire, and Power and Distribution Equipment
NATO Supply Classification Group (NSG): 61 Electric Wire, and Power and Distribution Equipment
Items Managed by Canada (CA) - NCB is 20 or 21
Page 1 of 13
NSN Format for Motors, Electrical
Codified by Canada
610521XXXXXXX
Group
FSG
ClassNCBIdentifier
FSC
Federal Supply Class
NIIN
NSN
NATO Supply Class 6105 is a classification within NATO Supply Group 61, which is dedicated to Electric Wire, And Power And Distribution Equipment.
NATO Supply Class 6105 specifically focuses on Motors, Electrical. This class includes various types of electrical motors used for different applications. These motors are designed to convert electrical energy into mechanical energy, enabling the operation of various machinery and equipment.
Motors in this class can be categorized based on their power source, size, and specific functionality. They can be powered by AC (alternating current) or DC (direct current) electrical sources. The size of the motors can vary from small, portable motors to large, industrial-sized motors.
Motors in this class are used in a wide range of applications, including but not limited to:
1. Industrial machinery: Motors are commonly used in industrial machinery such as pumps, compressors, conveyor systems, and manufacturing equipment.
2. Automotive industry: Motors are essential components in vehicles, powering systems such as windshield wipers, power windows, and electric power steering.
3. HVAC systems: Motors are used in heating, ventilation, and air conditioning (HVAC) systems to drive fans and blowers.
4. Appliances: Motors are found in various household appliances such as refrigerators, washing machines, and vacuum cleaners.
5. Renewable energy systems: Motors are used in renewable energy systems like wind turbines and solar tracking systems to convert energy into electricity.
It is important to note that NATO Supply Class 6105 is just one of the many classes within NATO Supply Group 61. This group encompasses a wide range of electric wire, power, and distribution equipment used in military and civilian applications.
If you need more specific information about a particular type of motor or any other equipment within NATO Supply Group 61, please let me know.
FSC 6105 Motors, Electrical - Canada (CA)
FSC 6105 Motors, Electrical - Canada (CA)
Excludes Starting Motors for Engines.
Frequently Asked Questions(FAQ) for Federal Supply Class 6105 Frequently Asked Questions(FAQ) for Federal Supply Class 6105
What is Federal Supply Class 6105?
FSC 6105 is the Federal Supply Class (formally known as NATO Supply Classification Class NSC 6105) in the USA for supply items codified in the category of Motors, Electrical.
What is NATO Supply Classification Class 6105?
NSC 6105 is the NATO Supply Classification Class (also known as Federal Supply Class FSC 6105 in the USA) for supply items codified in the category of Motors, Electrical.
Which Federal Supply Group is FSC 6105 in?
FSC 6105 is in Federal Supply Group (FSG) 61 which contains Electric Wire, and Power and Distribution Equipment.
Which NATO Supply Classification Group is NSC 6105 in?
NSC 6105 is in NATO Supply Classification Group (NSG) 61 which contains Electric Wire, and Power and Distribution Equipment.
Supply Items Included in Federal Supply Class 6105 Supply Items Included in Federal Supply Class 6105
Stator,Motor 17 Items
What is an Electric Motor Assembly? 17 Items
An Electric Motor Assembly (MOTOR ASSEMBLY,ELECTRIC) is two or more electrical motors on a common mounting or mounted on each other. Do not use this name for single motors mounted with common motor accessories such as pulleys, gear reduction units, starting mechanism, or for one or more motors mounted together with components that are not motor accessories. Excludes assemblies consisting of two or more synchro components.
What is a Motor Armature? 26 Items
A Motor Armature (ARMATURE,MOTOR) is an armature which is a part of a motor. See also ROTOR, MOTOR.
What is a Motor Rotor? 30 Items
A Motor Rotor (ROTOR,MOTOR) is a rotor which is a part of an alternating current motor. See also ARMATURE (1), MOTOR.
What is an Alternating Current Motor? 1213 Items
An Alternating Current Motor (MOTOR,ALTERNATING CURRENT) is a motor which is designed for operation from an alternating current source. See also MOTOR, CONTROL.
What is an Electrical Rotating Equipment End Bell? 21 Items
An Electrical Rotating Equipment End Bell (END BELL,ELECTRICAL ROTATING EQUIPMENT) is an item designed to support and position an armature or rotor when installed in a motor, generator or similar electrical rotating equipment. It may include items such as bearings, brushes, brush holders, oilers.
What is a Motor Field Winding? 59 Items
A Motor Field Winding (WINDING,MOTOR FIELD) is a winding which is a maintenance part for an electric motor.
What is a Direct Current Motor? 296 Items
A Direct Current Motor (MOTOR,DIRECT CURRENT) is a motor which is designed for operation from a direct current source. Excludes MOTOR, ENGINE STARTER, ELECTRICAL. See also MOTOR, CONTROL.
What is a Control Motor? 78 Items
A Control Motor (MOTOR,CONTROL) is a motor which is designed to be operated from two independent voltage sources, in such a way that variations in one voltage source will determine the direction and speed of the motor. In the alternating current type the voltages are usually applied to a split-phase stator, whereas in the direct current type, one voltage is applied to the stator and the other to the armature. Low inertia and rapid reversibility are inherent characteristics of this type of motor. See also SERVOMOTOR, AUTOMATIC PILOT.
What is a Motor-Tachometer Generator? 42 Items
A Motor-Tachometer Generator is an item which is an electrical rotating machine combining both control motor and tachometer generator action. The control motor and tachometer generator may be contained in the same or separate housings. It is designed for servo application where instant response to input signal is essential. It is generally used in circuits where the output potential from the tachometer generator is fed back to prevent excessive oscillation and for assuring high stability in a servo loop. Excludes DYNAMOTOR; and MOTOR-GENERATOR.
What is a Stepping Motor? 22 Items
A Stepping Motor (MOTOR,STEPPING) is a reversible brushless motor, the rotor of which rotates in discrete angular increments when its stator windings are energized in a programmed manner. Rotation occurs because of the magnetic attraction between the rotor poles and the sequentially energized stator phases. The rotor has no electrical windings but rather salient or magnetized poles.
What is a Torque Motor? 10 Items
A Torque Motor (MOTOR,TORQUE) is a motor whose rotating member is limited in travel to less than one mechanical revolution or travel at a speed much lower than a conventional motor. It is designed to convert an electrical energy input into a fast-responding mechanical motion output in the form of a constant torque. It does not include gear box(es) or gear train(s), commutators, brushes, or slip rings. The output torque may be exerted through a rotational travel movement or while operating in a continuously stalled or intermittently stalled condition. Excludes ELECTROMAGNETIC ACTUATOR; MOTOR, CONTROL; and SOLENOID, ELECTRICAL.
Stock Items From Supply Class 6105 Stock Items From Supply Class 6105 Page 1 of 13
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ESSENTIALAI-STEM
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Cannot bind to existing PVC
For testing purposes, I’m trying to deploy weaviate onto a docker desktop instance of kubernetes
I’ve set up a PVC to be used, and confirmed that it works with other pods, before resetting my cluster and trying again.
The PV file (with the directory edited)
apiVersion: v1
kind: PersistentVolume
metadata:
name: task-pv-volume
labels:
type: local
spec:
storageClassName: hostpath
capacity:
storage: 32Gi
accessModes:
- ReadWriteOnce
hostPath:
path: /run/desktop/mnt/host/.../weaviate_pv
the PVC
apiVersion: v1
kind: PersistentVolumeClaim
metadata:
name: task-pv-claim
spec:
storageClassName: hostpath
accessModes:
- ReadWriteOnce
resources:
requests:
storage: 32Gi
and the storage section in values.yaml
storage:
fullnameOverride: task-pv-claim
I’ve trying deploying the PV and the PVC to both the default namespace and the weaviate namespace, but I can’t seem to get weaviate to use the PVC as opposed to creating a new claim.
EDIT:
these are the standard commands I use to get things going:
kubectl create namespace weaviate
kubectl apply -f pv.yaml --namespace "weaviate"
kubectl apply -f pvc.yaml --namespace "weaviate"
helm upgrade --install "weaviate" weaviate/weaviate --namespace "weaviate" --values ./values.yaml
also running kubectl get pvc --namespace "weaviate" gives me:
NAME STATUS VOLUME CAPACITY ACCESS MODES STORAGECLASS AGE
task-pv-claim Bound task-pv-volume 32Gi RWO hostpath 2s
weaviate-data-weaviate-0 Bound pvc-d5690f50-9822-4369-a4b0-eb584140a7f6 32Gi RWO hostpath 2s
Hi @chirag-phlo !
Sorry for the delay here. Missed this one :frowning:
Were you able to solve this? This seems more a K8s question instead of a Weaviate one.
I am no K8s expert (still learning it) but I may be able to proxy this to some more experienced colleagues.
Thanks!
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ESSENTIALAI-STEM
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Edward Lester (Middlesex cricketer)
Edward Lester (dates unknown) was an English first-class cricketer active 1929–31 who played for Middlesex.
Full name Edward Lester
Major teams Middlesex
Batting style Right-hand bat
Bowling style Right-arm medium
Batting and fielding averages Bowling averages Career statistics
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WIKI
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Vehicle Dynamics: Tyre Sizing and Chassis Balance
Updated: May 14, 2021
Running a car with different tyre sizes on each axle is a reaction to address the shortcomings of unequal weight distribution, but to understand the engineering motivations you first have to understand the influence of CoM (Centre of Mass) positioning on chassis dynamics and secondly, you have to understand how tyre physics allow it to make a difference.
In this article i’ll work through the concept of front : rear staggered tyre sizes, to explain why it's done and how it works.
Let's start with the problem and then work through to the solution.
Staggered tyre sizing front to rear has been recognised as a chassis tuning tool for decades.
50:50 Vision
In an ideal world, all race cars would be designed with 50:50 weight distribution. This is a great configuration for vehicle dynamics as in steady-state cornering situations it results in both front and rear axles working equally to generate performance, but of course packaging rarely allows this to be a reality.
Steady-state cornering conditions are observed in the mid-corner phase when yaw acceleration has reduced to zero. The requirement for this condition is that the cornering moments around the CoM generated by each axle are equal and opposite. This is called moment equilibrium.
Balance of forces and moments on a chassis with 50:50 weight distribution
The physics in the 50:50 scenario demand equal lateral forces from the tyres on each axle to achieve equilibrium.
This is what we call a neutral balance. If the same weight, size and compound tyres are on each axle, they must be working at the same slip angles.
Perhaps more importantly though, equal tyres at equal slip angles are also generating the same temperature (neglecting longitudinal forces) and will wear at the same rates. More on that a little later.
So that’s the ideal case - building on this by demonstrating the dynamics of a more typical unequal weight distribution, let’s consider a typical rear-mid engined open wheeler with a 65:35 weight bias.
Balance of forces and moments on a chassis with a rearward weight distribution.
Due to the unequal length moment arms, achieving equilibrium under steady-state cornering means the rear tyres must generate higher lateral forces than the front. This demands a larger slip angle, working the tyre harder and subsequently generating more heat and greater wear than the front.
In this condition, the 65:35 scenario is working the tyres disproportionately; the rear axle reaches saturation whilst the front axle still has plenty to give. Ultimately, the result is a progressively worsening oversteer balance as the tyres wear, which isn’t great for engineer or driver.
An inherent oversteer chassis balance is only going to progress as the tyres wear. [Credit: Alexandria Bates]
So how can we try and correct this behaviour using tyres?
To start with, we need to understand the concept of cornering stiffness as a property of the tyre, so let's spend a little time on that.
The concept of cornering stiffness of a tyre is nothing complex, it’s a measure of its ability to produce lateral force at any particular slip angle - measured in Newtons per Degree: N/°
Cornering stiffness varies due to the operating conditions of the tyre, but generally of most interest to us as vehicle dynamicists is the vertical load (contact pressure), tyre inflation pressures, wheel camber and tyre temperature as those are the variables we have direct control of.
Applying Pressure
For this article we’ll focus on vertical load and manipulation of the contact pressure to gain a performance advantage. By changing the tyre sizes to increase or decrease the contact area, we can influence the coefficient of friction (CoF).
As far as the tyre is concerned, this is effectively the same effect as a change in vertical load. The end result is that the contact pressure between the tyre and the road is changed.
I know i’ll need to expand on that, so stay with me.
Take two tyres of identical rubber compound with the same vertical load of 4000N applied to each of them.
Tyre 1 has a contact area of 0.01 m^2, Tyre 2 has a contact area of 0.02 m^2
This generates a total contact pressure of 400,000 Pa for tyre 1 and 200,000 Pa for tyre 2.
If we view the contact patch as a matrix of discrete elements, for arguments sake let's say each element is 0.001 m^2 (10 elements for tyre 1, 20 elements for tyre 2) then each of the elements in tyre 2 has its contact pressure halved relative to tyre 1.
With the contact patches of both hypothetical tyres broken out into a matrix of discrete elements, the relationship between vertical load and contact pressure becomes clearer to see.
To understand the importance of this, we’ve got to look at tyre characteristics to understand how the CoF relates to the vertical load.
Chart: CoF vs. Reaction Force [Credit: Balkwill, J. (2017) Performance Vehicle Dynamics]
Although it's not a linear relationship, the CoF increases as vertical load (i.e. contact pressure) is reduced.
If you’d like to explore tyres a little further. Here’s an online article i wrote for Racecar Engineering Magazine on Tyre Dynamics.
This fact ultimately gives us the understanding that for a given vertical load, increasing the contact area will increase the cornering stiffness of the tyre.
Increasing the contact area can be done by increasing the width or diameter of a tyre, which directs us to the staggered kind of arrangements which we see on the heavily rear-biased older F1 cars.
The converse is of course true for front weight biased cars, as Audi demonstrated by specifying wider front tyres than the rear on their production model RS3 in efforts to cure the relentless understeer.
Nissan also followed this concept on their front engined Nissan GT-R LM Nismo LMP1 car.
A Balancing Act
So, the benefits..
Perhaps most importantly, staggered tyres allows the chassis balance to be adjusted. In our 65:35 scenario, by increasing the rear tyre sizing (width and diameter) the balance is moved forwards from oversteer towards neutral.
This isn’t only a positive for drivability, but also performance over the tyres life. As mentioned earlier, having the rear axle reaching saturation significantly before the front is a problem that’s only going to get worse as it wears.
Any adjustability and fine tuning further to this can be managed by altering the chassis roll stiffness distribution.
This is something i also explore in more detail in my ‘Performance Through Tyre Management’ article.
Of course in reality, cornering only accounts for a small proportion of a lap, so another justification for using staggered wheel sizes even with 50:50 weight distribution is of course in RWD cars.
On throttle, the driven rear wheels pick up a lot more wear than the fronts due to longitudinal slip, and on average operate at a higher temperature, which can make the issue doubly worse as the rubber starts to melt and 'runaway'!
Even with a relatively neutral weight distribution, there is still a benefit in having staggered tyre sizing front:rear. [Credit: BMW Team RLL]
This kind of thing can be seen in cars such as the M6 GTLM.. With its front-mid mounted engine and transaxle gearbox it has a pretty neutral weight distribution, but has wider rear wheels relative to the fronts for exactly this reason.
Instead of starting a stint with neutral balance which progresses into oversteer as the rear tyres wear, staggered sizing can bring the advantage of beginning with a slight understeer balance on fresh tyres, moving towards an oversteer balance as the rear tyres wear faster. The ‘average’ balance will be more favourable in this configuration.
That point of neutral balance as the chassis transitions is a great place to be in qualifying for example. The key thing for a race engineer is to ensure the duration of that phase is as long as possible!
Reality Bites
in reality of course things are never as cut and dry as theory might initially tell us. Balance is a dynamic quantity and is speed sensitive, so a car will never be perfectly balanced in every corner on track.
We also neglected the concept of the Polar Moment of Inertia for this article, which is independent of weight distribution and influences chassis behaviour at turn-in and exit of a corner.
I will leave those layers of complexity for another article though :-)
I remember having this question in my mind for a long while so i hope it helped some of you. Remember, when you’re approaching things that aren’t so straightforward to understand. Be methodical with your approach and tackle one concept at a time.
Break the bigger question down into a number of smaller obstacles. Find an answer for the first gap in your knowledge. When you understand that bit, you’ll likely realise you have another piece of missing understanding, so do the same.
Piece by piece you’ll move towards your solution, something like peeling the layers of an onion.
As ever, give me a message if you have any questions or need some more clarity on anything.
Be inspired. More soon.
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