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Page:Tales from the German - Oxenford.djvu/11
object of the translators of the following tales was to present the English public with a collection, which should combine effectiveness with variety, and at the same time should contain specimens of the most celebrated writers of prose fiction whom Germany has produced. The names of the authors will, they think, be a sufficient guarantee that they have not failed in this last respect, and if the reader finds himself amused or interested by the series, they will have succeeded entirely.
It will be remembered that the collection is a collection of tales only, and that it was absolutely necessary, according to the plan of the book, that these tales should be numerous. Any thing like a lengthened novel was therefore excluded, as it would have exceeded the prescribed limits, or rendered impossible that variety which the translators considered an essential of their work. That short tales, from their very nature, cannot often promote any very high purpose, and that amusement for a leisure hour is their principal purpose, the translators are perfectly aware, admitting that their collection, generally speaking, does not convey that amount of instruction in life and thought, which might be obtained from more elaborate works, such as, for example, the Wilhelm Meister of Göthe. At the same time they trust that Kleist's Michael Kohlhaas, Zschokke's Alamontade, Schiller's Criminal from Lost Honour, and even Hauff's fanciful Cold Heart, will be acceptable to those who look for something beyond mere amusement, and that some readers will be found to appreciate the psychological truth and profundity of Hoffmann's tales beneath their fantastic exterior.
In their versions of the tales the translators have endeavoured, to the utmost of their power, to be correct, preferring even hardness of language to liberties with the original text. The initials in the table of contents will show who was the translator of each particular tale;
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WIKI
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hajota
Etymology 1
. Compare.
Verb
* 1) to disperse, scatter, break up, run in all directions
* 2) to break (up/open/into pieces), shatter, fall to pieces, fall/come apart (at the seams) crack up also figuratively
* 3) to dissolve, disperse, dissipate, (be) scatter(ed)
* 4) to disband militarily; to dissolve of a committee, commission, government, parliament, etc., recess, split/divide up
* 5) to decompose separate or break down into its components
* 6) to lose one's spirit due to, get depressed by esp. a camp or heavy physical education
* 1) to disband militarily; to dissolve of a committee, commission, government, parliament, etc., recess, split/divide up
* 2) to decompose separate or break down into its components
* 3) to lose one's spirit due to, get depressed by esp. a camp or heavy physical education
* 1) to lose one's spirit due to, get depressed by esp. a camp or heavy physical education
* 1) to lose one's spirit due to, get depressed by esp. a camp or heavy physical education
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WIKI
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strobe
Etymology
Shortening of.
Noun
* 1) A stroboscopic lamp: a device used to produce regular flashes of light.
* 2) An electronic signal in hardware indicating that a value is ready to be read.
* 1) An electronic signal in hardware indicating that a value is ready to be read.
Verb
* 1) To flash like a stroboscopic lamp.
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WIKI
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ProLiant Servers (ML,DL,SL)
inserer un disque dans mon serveur hp proliant ml110
blackordy
Occasional Visitor
inserer un disque dans mon serveur hp proliant ml110
Bonjour j'ai un serveur hp proliant Ml 310 gen 10 avec 2 disques en raid1 installé et en production.
j'aimerais savoir s'il est possible d'ajouter lun disque supplémentaire sans formater le disque lors de la configuration du raid.
3 REPLIES 3
Vajith V
Community Manager
Re: inserer un disque dans mon serveur hp proliant ml110
Hello,
You have posted a question in the English Community. If you are able to repost your question in English, you may reach a larger audience and have a better chance of receiving a reply.
Best Regards,
Vajith
I am an HPE employee
Any personal opinions expressed are mine, and not official statements on behalf of Hewlett Packard Enterprise
Accept or Kudo
tom_ash
Advisor
Re: inserer un disque dans mon serveur hp proliant ml110
Hello blackordy,
I managed to translate what you had posted and got a rough idea of your question.
You have an ML310 Gen 10 HP server (in the heading it is mentioned ML110) with 2 disks in RAID 1 installed and in production.
You would like to know if it is possible to add an additional disk without formatting the disk during the configuration of the raid.
To begin with, there is no ML310 Gen10, there is ML110 Gen10.
Refer the server quickspecs
https://h20195.www2.hpe.com/v2/GetDocument.aspx?docname=a00021851enw
Please check which controller the server uses for the RAID configuration
It could be
- Smart Array S100i SR Gen10 SW RAID controller
or
- Smart Array E208i-p SR Gen10 Controller
or
- HPE Smart Array P408i-p SR Gen10 Controller
When you say "add an additional drive" do you mean adding it as a spare drive or adding it with the purpose of making the logical drive bigger.
You can add the drive as a spare drive using HPE SSA.
But if you need to expand the array, you would have to migrate it to RAID 5 and that is not supported on the S100i controller. That can be done with e-series and p-series controllers.
Refer the controller features in the following guide (pages 9-12)
https://support.hpe.com/hpsc/doc/public/display?docId=emr_na-a00019059en_us
S100i supports RAID 5, but in order to configure it, you need to
- Backup all data
- Delete the existing RAID 1
- Add the new hard disk (considering the size is same or larger than the existing two drives)
- Configure RAID 5 using the 3 drives
- Restore data from backup
------------------
If you feel this was helpful please click the KUDOS! Thumbs below!
I am an HPE employee
blackordy
Occasional Visitor
Re: inserer un disque dans mon serveur hp proliant ml110
Thank you for your response to my post.
I am sure that if I try to expand the size of my drive I will lose the data.
the disk that I want to add contains data that I would like to transfer to my ML110 server by putting the disk into a slave for example to then perform the transfer.
once finished I may try to expand the disk.
I actually have a HP proliant ML110 server with HPE Smart Array P408i-SR SR Gen10 controller.
Could you tell me how to do it without formatting my hard drives.
thank you in advance
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ESSENTIALAI-STEM
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How Far Will Treasury Yields Fall?
The yield on 10-year U.S. Treasuries has declined almost 18% year-to-date, is more downside ahead? Not much further is my expectation as technicals combine with sentiment extremes to mark the bond rally's (ChicagoOptions:^TNX) end.
The month of May was all about bonds as they hogged the media spotlight with the longer maturing bonds recording a 3% gain. But taking a look at the bigger picture, the recent bond rally looks to be counter-trend.
Bond prices have now run into key resistance levels that should end the recent rise in prices and falling yields.
May was good for bonds
Here is the rundown for May:
iShares Barclays 20+ Year Treasury (NYSEARCA:TLT) +3.0%
iShares Barclays 7-10 Year Treasury (NYSEARCA:IEF) +1.8%
SPDR Barclays High Yield Bond (NYSEARCA:JNK) +0.9%
iShares High Yield Corporate Bond (NYSEARCA:HYG) +1.2%
But it's not just been May, 2014 has been wonderful to bonds, far outperforming stocks. For instance the 20+ Year Treasury has rallied over 13% the last five months. Municipal bonds (NYSEARCA:MUB) haven't done quite as well, up 6.2% for the year, but they have still outperformed the S&P 500 (NYSEARCA:SPY), up only 4.8% for the year.
Technicals and Sentiment
The technicals, however, suggest the bond rally is near an end.
The chart below was provided along with analysis to our subscribers showing that bonds are running into key technical resistance levels that often mark the end of trends.
First off bonds' top occurred in July 2012 when the 30 year Treasury yield hit as low as 2.46%. Since then yields rallied into December 2013, reaching as high as 3.96%. That trend in falling bond prices is shown on the chart of TLT below. The green trendline has connected the major tops in bond prices since that 2012 inflection point and is now acting again as resistance.
For three months bond prices have tried to rally over this resistance, and thus far have not been successful.
In addition, Fibonacci retracement levels have already been reached and are typical price levels counter-trend moves react to. TLT's $115 price is the final Fibonacci resistance shown in blue and thus far also is rejecting price.
Finally, sentiment extremes often occur along with price extremes. Recognizing sentiment extremes can be as simple as listening to your popular stock market television show. Bonds have been a major talking point as the commentary seems to be nonstop concerning the "unstoppable" bond rally.
More so, by analyzing the futures markets we can segregate the smart money investors from the dumb money investors. In a video titled " Why were bullish when everyone else was bearish ," we used this same approach to score a 66% gain in gold.
Sentiment on the 30-year Treasury bond is now skyhigh, specifically, speculators (who are notoriously wrong at key turning points) are very bullish with large amounts of bullish bond bets, expecting the trend to continue. However, the typically "smart money", the hedgers, are the most short they have been since the July 2012 bond top. The hedgers are historically on the correct side of the market at key turning points.
Combining sentiment extremes, such as those outlined above, with price technicals, which are now butting up against key resistance levels, suggests the bond rally (NYSEARCA:TLT) is about to end.
The ETF Profit Strategy Newsletter utilizes sentiment, technical, and fundamental analysis sprinkled in with some common sense to keep investors on the right side of the market. The bond market's 2014 rally is likely running out of steam and should resume the trend of higher yields over the coming months.
Follow us on Twitter @ETFguide
Related Posts:
Government Overspending is Fueling Debt Boom
Why "TINA" is the Wrong Strategy
Why an Inverted Yield Curve Won't Signal the Next Recession
$17.41 Trillion in U.S. Debt, like Stocks, at Record Levels
Have Bullish Sentiment Extremes Caught Up with Stocks?
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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Opened 12 years ago
Closed 11 years ago
#5057 closed bug (fixed)
multiple range sliders on a single page don't behave independently
Reported by: squaley Owned by:
Priority: major Milestone: 1.8
Component: ui.slider Version: 1.7.2
Keywords: slider multiple handles range Cc:
Blocked by: Blocking:
Description
From http://bit.ly/6S8nc1 :
When manipulating multiple range sliders (two handles per) on a single page, the position of the handle with the most recent focus is adopted by the next slider used.
Example: I've put multiple sliders on a single page. They are range sliders, with the following options set:
min: 0
max: 4
range: true
values: [0,4]
On the first slider, I move the min handle up 2 positions. This correctly sets this.options.values to [2,4].
Then, on any other slider, I mousedown on the max handle. It seems to think its own this.options.values is set to [2,4], same as the first slider, even though they are instantiated separately. Once the max handle is dragged to a new position, the min handle magically snaps to position 2.
Change History (3)
comment:1 Changed 12 years ago by Scott González
Milestone: TBD1.8
comment:2 Changed 12 years ago by squaley
Am noticing the sliders work as advertised if 1) they are instantiated one at a time; and 2) the options are spelled out explicitly in the first arg of slider(). So:
FAILS (not instantiated separately):
$('#slider0, #slider1, #slider2').slider({max: 7, range: true, values: [2,4]});
FAILS (not instantiated separately):
var slider_defaults = {max: 7, range: true, values: [2,4]};
$('#slider0, #slider1, #slider2').slider(slider_defaults);
FAILS (options not explicit in first arg):
var slider_defaults = {max: 7, range: true, values: [2,4]};
$('#slider0').slider(slider_defaults);
$('#slider1').slider(slider_defaults);
$('#slider2').slider(slider_defaults);
WORKS:
$('#slider0').slider({max: 7, range: true, values: [2,4]});
$('#slider1').slider({max: 7, range: true, values: [2,4]});
$('#slider2').slider({max: 7, range: true, values: [2,4]});
comment:3 Changed 11 years ago by Scott González
Milestone: 1.91.8
Resolution: fixed
Status: newclosed
This was fixed in 1.8 with the widget factory update.
Note: See TracTickets for help on using tickets.
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ESSENTIALAI-STEM
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Fatin ALKHAFAJI, Administrator C.T.A. of the Estate of Abbass Alkhafaji, Deceased, Individually and as Natural Guardian of Her Minor Children, Appellant v. TIAA-CREF INDIVIDUAL AND INSTITUTIONAL SERVICES, LLC, Ahmed Alkhafaji, Alliah Alkhafaji and Sheameh Alkhafaji-Alduaiisi, Appellees. Fatin Alkhafaji, Administrator C.T.A. of the Estate of Abbass Alkhafaji, Deceased, Individually and as Natural Guardian of Her Minor Children, Appellant v. Tiaa-Cref Individual And Institutional Services, LLC, Ahmed Alkhafaji, Alliah Alkhafaji and Sheameh Alkhafaji-Alduaiisi, Appellees.
Supreme Court of Pennsylvania.
Argued April 11, 2012.
Decided June 17, 2013.
Theodore Anthony Saad, Esq., Frank G. Verterano, Esq., New Castle, Verterano & Manolis, for Alkhafaji, Fatin, Appellant in Case Nos. 38 WAP 2011, 39 WAP 2011.
Natalie Marie Ruschell, Esq., for Alkha-faji, Ahmed, Alkhafaji, Alliah, Alkhafaji-Alduaiisi, Sheameh, Appellees in Case Nos. 38 WAP 2011, 39 WAP 2011.
BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.
ORDER
PER CURIAM.
AND NOW, this 17th day of June, 2013, the Court being evenly divided, the Order of the Superior Court is AFFIRMED.
Former Justice ORIE MELVIN did not participate in the decision of this case.
Justice SAYLOR files an opinion in support of affirmance in which Chief Justice CASTILLE joins.
Justice EAKIN files an opinion in support of affirmance in which Chief Justice CASTILLE joins.
Justice BAER files an opinion in support of reversal.
Justice TODD files an opinion in support of reversal in which Justices BAER and McCAFFERY join.
Justice SAYLOR,
opinion in support of affirmance.
I agree with Mr. Justice Eakin that the Superior Court’s order should be affirmed, and observe, additionally, that the question this Court accepted for review erroneously characterizes the intermediate court’s decision as holding that, by law, the decedent’s will could not, under any circumstances, have constituted notice to TIAA-CREF to designate beneficiaries. See Alkhafaji v. TIAA-CREF, 612 Pa. 311, 30 A.3d 1100 (2011) (per curiam). To my reading, that is not what the Superior Court held. For example, the court did not purport to foreclose the possibility that a copy of the will, if it had been sent to TIAA-CREF in a timely manner by the decedent during his lifetime (regardless of when it may have been received), could have constituted valid written notice of a change in beneficiaries. Accord Opinion in Support of Affirmance, at 222 (Eakin, J.) (“As [the will] was a writing, the decedent could have sent it to the insurer, which might have sufficed.... ”). Rather, a fair reading of the intermediate court’s opinion reveals that it merely determined that the decedent failed to substantially comply with the terms of the policies in question because he never made any attempt to notify TIAA-CREF of the beneficiary changes at issue — although the record reveals that he lived for more than two months after dictating the will, was in sound mind during that time, and was undoubtedly familiar with the requirements for changing beneficiaries. See generally Brief for Appellees at 2 (pointing out that the question accepted for review was not addressed by the Superior Court, as that tribunal “determined the case on separate grounds”). The issue on which this case turns is therefore whether substantial compliance with the terms of the contract was achieved. Because I believe that the Superior Court was correct in finding a lack of substantial compliance, I would affirm.
Notably, Madame Justice Todd’s Opinion in Support of Reversal (“OISR”) acknowledges that the annuity contracts in issue “required decedent to ... furnish TIAA-CREF with written notice of his designated changes.” OISR, at 233 n.6 (Todd, J.). The OISR, however, never addresses the issue of substantial compliance by the decedent in this material respect. Rather, the OISR merely declares at the end of the opinion that, under the circumstances, decedent properly used his will to change the beneficiaries of his annuities. It is difficult to know what standard the OISR applies to find that the decedent’s actions were sufficient to substantially comply with the contract’s notice term. Indeed, the OISR’s brief statement in this regard appears to stem from its view of the case as fundamentally involving the legal question of whether a will can ever be utilized to change beneficiaries.
In discussing this question, the OISR takes particular exception because it perceives the present, unpublished Superior Court opinion as having interpreted the intermediate court’s earlier decision in Carruthers v. $21,000 (Formerly New York Life Insurance Company), 290 Pa.Super. 54, 434 A.2d 125 (1981), “to stand for the proposition that a will, as a matter of law, cannot operate to change the beneficiary of an annuity policy,” OISR, at 233 (Todd, J.). However, that is hardly a basis for disapproving Carruthers itself, see id. at 15 (“I would, therefore, hereby disapprove Carruthers.”), since Carruthers dealt centrally with the issue of substantial compliance, regardless of whether the unpublished Superior Court disposition in the present matter correctly described its holding.
To the extent, moreover, that the Justices supporting reversal view Carruthers as having expressed the same “erroneous belief’ “that a will, as a matter of law, cannot operate to change” beneficiaries, id. at 14-15, such understanding is not supported by the text of the Carruthers opinion. Although Carruthers, like the present ease, involved a will, there is no indication that the court viewed the will as incapable, per se, of effecting a beneficiary change. Rather, the court explained that “notice of the will was not brought to the attention of the insurer until after the death of the insured,” Carruthers, 290 Pa.Super. at 57, 434 A.2d at 127, although, like here, the decedent lived several months after executing his will and was familiar with the policy’s provisions relating to beneficiary changes. Furthermore, the Carruthers court highlighted, “the insured [himself] made no effort to comply with the [notice-to-insurer] provisions of his policy.” Id. On this basis, the court determined, ultimately, that the insured did not “do[ ] all that he reasonably c[ould] under the circumstances to comply with the terms of the policy.” Id. If the court had intended to hold that a will cannot, under any circumstances, effect a change of beneficiaries, there would have been little need to recite these factors as, indeed, they would have been immaterial. In my view, Car-ruthers was correctly decided and appropriately remains good law.
In summary, I do not read the Superior Court’s decisions in Carruthers, or in the present case, as implementing a per se, state-law prohibition upon the transmittal of a will to an insurance or annuity company as a means of conveying notice of a change of beneficiary. Rather, I read them as correctly enforcing a substantial compliance requirement that the policy-or-contract holder make some effort at effectuating notice, albeit this might be received by the company after his death.
For all of these reasons, I agree with the lead OISR that the judgment of the Superior Court should be affirmed.
Chief Justice CASTILLE joins this Opinion in Support of Affirmance.
Justice EAKIN,
opinion in support of affirmance.
The Superior Court reversed the order of the orphan’s court, which distributed decedent’s retirement annuities in accordance with decedent’s will, rather than the beneficiary designations in his annuity contract. Applying longstanding principles of contract and probate law, the Superior Court properly found decedent made no effort to change the beneficiary designations by the terms of his annuity contract; as such, the will did not undo his designations in the contract.
Decedent signed a property settlement agreement when divorcing his second wife, wherein he agreed to designate the children from his first two marriages as the beneficiaries of his retirement annuity contracts — he notified the appellee annuity company and made that change. Some years later, while hospitalized With spinal cancer, decedent dictated and executed a new will which called for the proceeds of his annuity contracts to go to appellant and all of his children. Decedent did nothing to give appellee notice of this change of mind, as the contract required. Two months later, he died; his executor sent copies of the will and the marital settlement agreement to appellee. Appellant filed a petition to enjoin distribution of the annuities.
Appellant frames the following question: “Is a change of beneficiaries by will permitted, as a matter of law, when the notice provisions in annuity contracts did not clearly and unambiguously preclude a beneficiary designation by will?” This second clause of this question is a red herring. The first half states the fundamental question: may a will change a contractual beneficiary? The second clause suggests that the answer is dependent on whether the annuity contract expressly prohibits it. This contract of course did not prohibit anything. Essentially, insurance contracts set forth rights and duties of the parties, including the means by which the contract may be modified — they typically do not attempt a comprehensive list of prohibitions. Affirmative requirements for modifying a contract are not rendered meaningless by failure to preclude all other methods. If a contract requires a party to pay by certified check, that does not mean the party can pay in wampum simply because the contract does not expressly prohibit it. This annuity did not preclude changes by will, but it also did not prohibit changes by skywriting, a letter to the editor, or posting it on a Facebook page.
When a contract expressly provides the means of changing its terms, changes must be made in the manner and mode prescribed therein. This is rather basic contract law. It is beyond peradventure that to effectuate a change in the beneficiary of an insurance policy, a party must comply with the procedures set forth in the policy. Riley v. Wirth, 313 Pa. 362, 169 A. 139, 140 (1933); Sproat v. Travelers’ Ins. Co., 289 Pa. 351, 137 A. 621, 622 (1927); Stickney v. Muhlenberg College TIAA-CREF Retirement Plan, 896 F.Supp. 412, 418 (E.D.Pa.1995) (applying Pennsylvania law). This contract, indeed most if not all annuity contracts, expressly required one thing to change beneficiaries — notice, sent to the insurer, in writing. This annuitant manifestly knew about these requirements, for he changed his beneficiary designations in accordance with them pursuant to the agreement with his second wife. Presently, there was no attempt or effort at all to comply with the contract’s terms.
Perhaps decedent could have used a will to comply with the contract requirements. As it was a writing, decedent could have sent it to the insurer, which might have sufficed had the company found it sufficiently clear. However, decedent did not do this, or try to do this. Decedent in fact did nothing — he took no steps to do the single thing the contract required. While a will could be the writing used to provide notice of a desire to change beneficiaries, if it is not sent to the insurer by the annuitant, it is merely an unmailed letter. As concerns the annuities, there is no magic in the fact it was a will.
The general rule concerning a change of beneficiary requires strict or literal compliance with policy terms, though our case law has recognized an exception where an insured makes reasonable but unsuccessful efforts to send notice. This exception will recognize a change in beneficiary designation, even though notice is received after the death of the annuitant, if the annuitant made every reasonable effort to comply with the notice requirements of the policy. See Breckline v. Metropolitan Life Insurance Co., 406 Pa. 573, 178 A.2d 748, 750 (1962); Riley, at 140; Sproat, at 622; In re Estate of Golas, 751 A.2d 229, 231 (Pa.Super.2000); Carruthers v. $21,000, 290 Pa.Super. 54, 434 A.2d 125, 127 (1981); Greene v. Public School Employees’ Retirement System, 878 A.2d 153, 157 (Pa.Cmwlth.2005); Dale v. Philadelphia Board of Pensions and Retirement, 702 A.2d 1160, 1163 (Pa.Cmwlth.1997); Provident Mutual Life Insurance Company of Philadelphia v. Ehrlich, 508 F.2d 129, 132-33 (3d Cir.1975) (applying Pennsylvania law); Stickney, at 418 (applying Pennsylvania law). A will unsent constitutes no reasonable effort at notice, much less “every reasonable effort.” Equity and our case law may reward the stalwart but unsuccessful effort, but they never reward the absence of effort.
The instant policy provides:
Procedure for Elections and Changes. You, or your Second Annuitant or beneficiary having the right to do so, may elect to change, in accordance with the terms of our certificate, any of the following by written notice satisfactory to TIAA (CREF) [sic], sent to its home office in New York, NY. No such notice will take effect unless it is received by TIAA (CREF). When received, it will take effect as of the date it was signed, whether or not the signer is living at the time we receive it.
Trial Court Opinion, 1/15/10, at 5-6 (quoting TIAA Group Manual Section 37 and CREF GROUP Manual Section 44) (emphasis added).
As there is no “Second Annuitant or beneficiary having the right,” it is the annuitant, the “you” in the above section, who must send satisfactory written notice to the home office of TIAA-CREF — it is,' after all, only the parties to a contract that have the ability to modify it. The policy clearly does not contemplate, much less authorize, posthumous notice. Indeed, the contract here, and our case law, contemplates written notice to the insurer from the insured — once the party to the contract dies, the ability to modify the contract dies unless the contract provides otherwise — here, it does not. Absent a change in the terms by the means required by the contract, the obligation of the insurer is to carry out the terms of the contract as it exists.
This is for good reason. If unilateral changes in contracts by the use of testamentary instruments are posthumously recognized, insurance companies (indeed, all fiduciaries) would be unable to rely on the existing contract terms. Reliance on the beneficiary designation in the contract becomes a dangerous proposition, particularly where the existence of a will is unknown, or not promptly found or presented, or where a will contest may be anticipated, or, as here, where a wife and ex-wife compete on behalf of their children. Would the result change if the will predates the contract designation, or the contract designation predates the will?
Parties to a contract must have the ability to rely on the terms of their contract, and should not have to speculate about testamentary clauses in documents of which they have no awareness. To allow modification of non-testamentary contractual assets by testamentary documents blurs the timeless and very practical distinction between the two, notably set forth in 20 Pa.C.S. § 6108. Allowing contract notice requirements to be ignored based on the lack of a prohibition of other writings is bootstrapping at its best, and is squarely against the law of contracts. Such a change in our law would cause convolutions we cannot foresee, including tax consequences, estate planning uncertainties, and family law problems — indeed, the beneficiary designation in this case being a requirement of a marital property settlement agreement, allowing it to be altered after death through a will is problematic at best.
There appears no logical basis for changing this law, nor is there a cognizable reason in equity for conflating the venerable law of contracts and the world of probate. There is no reason to depart from the line of authority requiring a party to comply with the contract entered. A will is still a will, and a contract should remain a contract. Blurring the distinction is a bad idea, and the decision of the Superior Court should be affirmed.
Former Justice ORIE MELVIN did not participate in the decision of this case.
Chief Justice CASTILLE joins this opinion in support of affirmance.
Justice SAYLOR files an opinion in support of affirmance in which Chief Justice CASTILLE joins.
Justice BAER files an opinion in support of reversal.
Justice TODD files an opinion in support of reversal in which Justices BAER and McCAFFERYjoin.
Justice BAER,
opinion in support of reversal.
I join the Opinion in Support of Reversal (OISR) of Madame Justice Todd and its finding that Pennsylvania law imposes no barrier to the use of wills and other testamentary instruments as vehicles through which changes in beneficiaries to annuities, life insurance policies, and the like may be accomplished. I write separately to express my opinion that the will executed by the Decedent, Abbass Alkhafaji, two months prior to his death, was valid under the facts of this case.
Paragraph 30 of the annuity policies at issue provide, in relevant part, as follows:
You ... having the right to do so, may elect or change, in accordance with the terms of your contract, any of the following by written notice satisfactory to TIAA sent to its home office in NY:
* * *
D) A beneficiary or any person named to receive payments remaining due.
No such notice will take effect unless it is received by TIAA. When received, it will take effect as of the date it was signed, whether or not the signer is living at the time we receive it. Any action taken by TIAA in good faith before receiving the notice will not subject TIAA to liability because our acts were contrary to what was stated in the notice.
TIAA Annuity Contract of July 1, 1994 at ¶ 30, found at Reproduced Record (R.R.) 261 a.
As noted by Justice Todd’s OISR, it is well-established in this Commonwealth that, generally, “in order to affect a change of beneficiary [in an insurance or annuity contract], the mode prescribed by the policy must be followed.” Sproat v. Travelers’ Ins. Co., 289 Pa. 351, 137 A. 621, 622 (1927). Strict compliance is not required in all circumstances, however, and changes of beneficiaries will still be effective so long as the insured “has done all he could to comply with the provisions of the policy.” Id. (quoting Gannon v. Gannon, 88 Pa.Super. 239, 243, 1926 WL 2193 (Pa.Super.1926)). In furtherance of these precepts, this Court has opined:
where the provisions of a life insurance policy require that a written change of beneficiary be filed with the company in order to be effective, and such is executed, and every reasonable effort is made to comply with the requirements of the policy, the change of beneficiary is valid and binding, even though it is not filed with the insurer before the death of the insured.
Breckline v. Metro. Life Ins. Co., 406 Pa. 573, 178 A.2d 748, 750 (1962).
In accord with Justice Todd’s finding that testamentary documents are proper instruments to effectuate changes in beneficiaries, it is clear to me that Decedent not only “substantially complied” with the terms of Paragraph 30 of the annuity contracts, but, indeed, completely complied with the procedure for altering the beneficiaries to his pension. Decedent’s will, which was executed while he was still of sound mind, witnessed by three individuals, and notarized, unequivocally stated that the beneficiaries of his pension “are all my biological children and my current wife Fatin.... ” Will of Decedent, executed Jul. 16, 2007 at ¶ 4, found at R.R. 10a.
After Decedent passed away, the executor of his estate sent the will to TIAA-CREF to provide it with notice of the change in beneficiaries. This action fully adhered to the explicit terms of Paragraphs 30, given that written notice (i.e., the will), which was satisfactory to TIAA-CREF, was sent to its home office in New York; was received by TIAA-CREF; and was signed and dated. Moreover, it is significant that Paragraphs 30 expressly indicate that any satisfactory notice of change of beneficiaries would be retroactively effective to the date of the notice “whether or not the signer is living at the time we receive it.” In other words, the TIAA-CREF contracts specifically contemplate the receipt of a notice post-death, and Decedent and the executor of his estate fully abided by these provisions in effectuating the post-death change in beneficiaries. Sproat, 137 A. at 622 (“in order to affect a change of beneficiary, the mode prescribed by the policy must be followed.”); see also Breckline, 178 A.2d at 750 (change in beneficiary will be effective so long as the procedure set by the policy has been substantially complied with, “even though [the notice of change] is not filed with the insurer before the death of the insured.”).
For these reasons, I would hold not only that there is no impediment, as a matter of Pennsylvania law, to the use of testamentary documents as the notice for changing beneficiaries, but also that the will in this case fully complied with the terms of the TIAA-CREF contracts and effectively altered the beneficiaries. Accordingly, I would reverse the order of the Superior Court.
justice TODD,
opinion in support of reversal.
Appellant Fatin Alkhafaji challenges the order of the Superior Court which awards proceeds of annuities, issued by Appellee TIAA-CREF and owned by her deceased husband, Abbass Alkhafaji (“decedent”), to the beneficiaries listed in the annuities and not to the beneficiaries decedent designated in his will. As the plain language of the change of beneficiary provisions of the annuities permitted the beneficiaries to be changed via written notice received by TIAA-CREF after decedent’s death, and did not expressly prohibit the use of a will as a valid and acceptable form of such written notice, I conclude the Superior Court’s determination that decedent’s will could not, as a matter of law, change his beneficiaries was in error. Consequently, I would reverse the order of the Superior Court and remand this matter to that court for further consideration.
The following is a brief review of the relevant facts and procedural history which brought this matter before our Court. Decedent was employed as a professor at Slippery Rock University, and had, prior to his marriage to Appellant, been married twice before. In his first marriage, decedent fathered two daughters — Appellees Alliah Alkhafaji and Shea-meh Alkhafaji. During his second marriage, a son was born — Appellee Ahmed Alkhafaji. Decedent’s third marriage to Appellant produced five sons, all of whom were minors at the time of the commencement of this litigation.
During the course of his employment at Slippery Rock University, decedent purchased six retirement annuities issued by TIAA-CREF. Pursuant to a marital settlement agreement executed with his second wife at the conclusion of their marriage, and dated May 25, 1995, decedent named Alliah, Sheameh, and Ahmed as beneficiaries on four of the six annuities. Although decedent did not designate a specific beneficiary for the remaining two annuities, under TIAA-CREF plan administration procedures, decedent’s naming of Alliah, Sheameh, and Ahmed as beneficiaries in his other four annuities was deemed effective for these two annuities as well.
In March 2007, while studying in Qatar on a Fulbright Scholarship, decedent was involved in a horrific car accident which left him a quadriplegic. Upon his return to the United States, decedent was hospitalized at Presbyterian University Hospital in Pittsburgh, and then transferred to Johns Hopkins Hospital in Maryland. While at Johns Hopkins, decedent was discovered to have spinal cancer, treatment of which proved unavailing, and his health quickly declined.
In July 2007, while hospitalized, decedent dictated a will to one of his students and a friend, who subsequently put it into typewritten form. Once typed, decedent signed it, with his student and friend act- ing as witnesses. In this will, the authenticity of which was not contested, he named all of his children from his three marriages, along with his current wife, as beneficiaries of the six annuities. The relevant provision of the will designating decedent’s new choice of beneficiaries provided, as follows:
(4) About my pension, the beneficiaries are all my biological children and my current wife Fatin, after reducing all cost (sic) associated with the house....
Will of Dr. Abbass Alkhafaji, 7/16/2007 (Exhibit A attached to Petition to Enjoin Distribution of Pensions, filed 1/24/08) at 2.
After decedent passed away in September 2007, Appellant, as executor of decedent’s estate, sent the will to TIAA-CREF, along with a copy of the 1995 marital settlement agreement, to the New York City offices of TIAA-CREF which had not yet distributed any funds from the annuities. Trial Court Opinion, 1/15/10, at 4. The trial court, the Honorable John W. Hodge, found the will was “to act as notice of [decedent’s] change of beneficiary designation.” Trial Court Opinion, 1/15/10, at 5. TIAA-CREF refused to make the change, or to pay the proceeds due under the annuities to Appellant and, instead, inter-pleaded this money into the Court of Common Pleas of Lawrence County for distribution. Appellant, on her own behalf, and on behalf of her five minor children, subsequently filed a petition to enjoin distribution of the annuities.
The trial court granted Appellant’s petition and ordered the proceeds of the annuities distributed in the manner established by decedent’s will. Trial Court Order, 1/15/10. In its opinion filed in support of its order, the trial court observed that the change of beneficiary provisions in the annuities at issue merely required that written notice of the change be provided to TIAA-CREF in order for the change to be effective, and further found that TIAA-CREF was provided with such notice when it received the copy of decedent’s will. Noting the decedent’s deteriorating physical condition, and the fact that he was hospitalized so far from home, in pain, and under heavy sedation, the court concluded that “Decedent did all that he reasonably could under the circumstances of his illness to notify the insurer of his beneficiary change.” Trial Court Opinion, 1/15/10, at 14-15. Appellees appealed, and Appellant cross-appealed.
The Superior Court reversed in an unpublished panel decision. Alkhafaji v. TIAA-CREF, Nos. 287 and 363 WDA 2010, unpublished memorandum (Pa.Super. filed February 14, 2011). The court concluded the facts of this case were “factually indistinguishable” from Carruthers v. New York Life, 290 Pa.Super. 54, 434 A.2d 125 (1981). Alkhafaji, at 7. The court reasoned that, in the instant matter, like in Carmthers, the decedent attempted to change the beneficiaries via his will; however, the court interpreted Carruthers as establishing that a beneficiary change could not be made in this fashion, ruling that, “under Carruthers, the will could not operate to change beneficiary status, nor could it be deemed as substantial compliance with the policy company’s notice requirements.” Alkhafaji, at 7. The court found that decedent had previously changed the beneficiaries on these annuities in compliance with the marital settlement agreement and, thus, was aware of the procedures ostensibly required by the annuities for changing beneficiaries. Further, the court observed that more than two months elapsed from the time decedent executed his will until the time of his death, which it deemed sufficient time to inform TIAA-CREF of his desire to change his beneficiaries, but he had not done so. The court found no evidence that decedent’s hospitalization or condition had impeded him from making such contact with TIAA-CREF. Thus, the court concluded, “[i]n the absence of any evidence that Decedent took any measure to provide notice to the policy company, independent of the will, we cannot conclude that Decedent did all he reasonably could under the circumstances to comply with the terms of his policy.” Id. at 8. Hence, the court reversed the trial court’s order of distribution and ordered the proceeds of the annuities be distributed to the beneficiaries listed therein.
Our Court granted Appellant’s petition for allowance of appeal, limited to the following question:
Did the Superior Court err when it reversed the decision of the lower court and held that a change of beneficiary by will was not, as a matter of law, permitted when the notice provision of TIAA-CREF annuity contracts did not clearly and unambiguously preclude a beneficiary designation by will?
Alkhafaji v. TIAA-CREF, 612 Pa. 311, 30 A.3d 1100 (2011) (order).
Appellant focuses her argument to our Court, principally, on what she contends was the Superior Court’s error in relying on its Carruthers decision as controlling the outcome of this case. She highlights what she asserts are critical differences between the annuity language at issue in the present case governing a change in beneficiary and that of the policy in Car-ruthers, namely the fact that the policy at issue in Carruthers required recordation by the insurer of the insured’s written notice of the change in beneficiary in order for it to be effective, whereas the six annuities herein required only that TIAA-CREF receive the notice of change in beneficiary, and, critically, also contained a provision, not contained in the policy in Carruthers, that allowed the written notice of change in beneficiary to take effect “whether or not the signer is living.” Appellant’s Brief at 16. Appellant asserts that this additional language, as well as the failure of TIAA-CREF to require a specific form of notice, “weighs heavily against the Superior Court’s holding that as a matter of law a change of beneficiary could not be effectuated by will.” Id.
Appellant argues that the Superior Court essentially read a prohibition against changing the beneficiary by will into the contract, which was improper for it to do as neither party intended to include such a provision. Appellant contends that doing so was particularly egregious, given that TIAA-CREF was protected by other contractual provisions limiting its liability for beneficiary changes and allowing it the right to seek interpleader of the policy proceeds. Appellant maintains that, since the contract language of the policy at issue is clear and unambiguous in that it does not bar a change in beneficiary by will, we should give effect to its provisions and honor the decedent’s request as expressed in his will. To the extent that Carruthers calls for a contrary conclusion, Appellant suggests it should be overruled.
Appellant additionally suggests that TIAA-CREF has waived strict compliance with the policy’s notification provisions for a change in beneficiary, as it has taken no position before either the lower courts or our Court about who is the proper beneficiary.
Appellees respond by first discussing Sproat v. Travelers’ Ins. Co., 289 Pa. 351, 137 A. 621 (1927), in which this Court held that, because an insurance policy required the insurance company to both give its consent to a change of beneficiary, and to record the change on the policy itself, and since decedent merely signed change of beneficiary forms he had requested from the company, but never filled them in or transmitted them to the company prior to his death, the decedent did not do all that he reasonably could have done to effectuate the change of beneficiary; thus, the will did not operate, post-death, to change the beneficiary. Relevant to the issue at bar, Appellees contend that this decision established that evidence of a deceased policyholder’s mere attempt to change a beneficiary is not enough to do so if he takes no action to inform the insurance company of the desire to make the change.
Appellees further assert that the factual circumstances and legal principles of Carruthers most closely parallel the instant matter. Appellees point out that the decedent, like the deceased policyholder in Carruthers, knew about the change in beneficiary procedures that TIAA-CREF required, since he utilized them on three prior occasions, yet, despite being of sound mind in the months leading up to his death, he never provided TIAA-CREF with notice of his intent to change beneficiaries. Also, Appellees suggest that the furnishing of the will to TIAA-CREF after decedent’s death was not a request to change beneficiaries, but, in actuality, constituted a demand by the representative of decedent’s estate for payment of the insurance proceeds.
Appellees additionally argue that the language in the TIAA-CREF policy requires that notice be given in a manner “satisfactory” to it, which was similar to the policy language in Carruthers that required notice be given in a manner specified by the insurer, and that the Superior Court correctly found that decedent “did not provide notice which would satisfy a reasonable insurer in TIAA-CREF’s position.” Appellees’ Brief at 15. Appellees maintain that the policy language indicating such notice was effective “whether or not the signer is living” at the time TIAA-CREF receives it is only intended to cover situations where the insured took active steps to give notice to the insurer of his or her desire to change beneficiaries, but then passed away before the notice was received by the insurer, or was even sent. Appellees reiterate that the decedent took no active steps to give notice to TIAA-CREF before he died.
Appellees interpret the Superior Court ruling as not precluding an individual from changing beneficiaries by will; rather, in their view, it merely held that the decedent, in this instance, failed to take the necessary notification steps that his annuities required. Appellees proffer that, in any event, we should hold, as a matter of sound public policy, that a change of beneficiary should not be permitted to occur via will. Appellees aver that this constitutes an improper attempt to use a probate instrument to take control of a life insurance policy — a non-probate asset. Referencing 20 Pa.C.S.A. § 6108(a), which states that designation of beneficiaries under an annuity contract “shall not be considered testamentary and shall not be subject to any law governing the transfer of property by will,” Appellees suggest allowing this type of change of beneficiary will have the practical effect of disrupting the beneficiary designations which all insurance companies have on file and result in virtually every life insurance policy having to be probated.
Appellees also contend that TIAA-CREF never waived its right to strict enforcement of its notice provisions by in-terpleading the funds at issue here. Ap-pellees discuss Riley v. Wirth, 313 Pa. 362, 366, 169 A. 139, 140 (1933), in which our Court held that, since an insurance policy did not require the insurer’s approval of a new designation of beneficiary, nor endorsement of the change on the policy itself, the insurer’s interpleading of proceeds of the policy into court “is conclusive proof of waiver” by the insurer of strict compliance with notice provisions of the policy. Appellees maintain that Riley distinguished between cases in which the notice requirement was merely administrative in nature, and, thus, for the benefit of the insurance company, from cases such as Sproat, in which insurers retained the right to approve any change in the beneficiary. Appellees suggest that TIAA-CREF, by using the policy language it chose, specifically reserved the right to receive notice in a form which was satisfactory to it, and, hence, retained discretion under the policy to approve or disallow the beneficiary change since the change was expressly contingent on the policy holder adhering to those notice provisions. Consequently, Appellees assert that TIAA-CREF has not waived its right to contest the form of the beneficiary change, even though it currently takes no position on who should be deemed the beneficiary.
Under the relevant governing legal principles our Court has established regarding the interpretation of language in annuity contracts, retirement annuities such as the ones at issue in this case are deemed to be contracts made between the holder and the issuing insurance/annuity company. Estate of Ravdin, 484 Pa. 562, 569 n. 10, 400 A.2d 591, 595 n. 10 (1978). Interpreting an insurance contract involves addressing a question of law, so the proper standard of review is de novo, which does not require deference to the legal determinations of the lower tribunals. Donegal Mut. Ins. Co. v. Baumhammers, 595 Pa. 147, 155, 938 A.2d 286, 290 (2007).
In accordance with basic rules of contract interpretation, it is the mutual intent of the parties at the time they entered into the insurance contract which control its construction. American and Foreign Ins. Co. v. Jerry’s Sport Center Inc., 606 Pa. 584, 608, 2 A.3d 526, 540 (2010). Such intent may be discerned from the written language of the insurance contract. Id. If the written language of the policy is clear and unambiguous, then the policy language is to be given effect. Prudential Prop. and Cas. Ins. Co. v. Sartno, 588 Pa. 205, 212, 903 A.2d 1170, 1174 (2006).
Any analysis of the question our Court accepted for review must necessarily begin with a discussion of our 1927 decision in Sproat, supra, which is the seminal case in this area. The central issue in that case concerned whether the deceased holder of a life insurance policy effectuated a change in his designated beneficiary prior to his death. The change of beneficiary clause in the deceased’s policy specified that a change in beneficiary would take effect only when the insurance company gave its written consent, and it also required that both the beneficiary change and consent be noted on the insurance policy itself by the company at its home office. The deceased, who had changed beneficiaries on the policy once before, wrote to the insurance company to obtain change of beneficiary forms; however, when he received the forms, he signed them but did not fill them out, nor transmit them to the company. The deceased died six months later, and the forms were discovered with other of the deceased’s personal papers.
Our Court noted, as a general matter, “[i]n order to affect a change of beneficiary, the mode prescribed by the policy must be followed.” Sproat, 289 Pa. at 354, 137 A. at 622. However, our Court also specified that rigid compliance was not required; rather, the policyholder will be deemed to have effectuated a change in beneficiary whenever he or she achieves substantial compliance with the policy requirements governing such changes, i.e., “made every reasonable effort to effect a change of beneficiary.” Id. Applying that principle, we ruled that the signed forms, in and of themselves, were insufficient to change the beneficiary, as the deceased made no efforts to have the forms delivered to the company, despite having six months to do so, and the forms, being otherwise blank except for the deceased’s signature, did not refer to any specific insurance policy. Consequently, the deceased’s intent to change beneficiaries could not be discerned merely from his signing of the forms.
Subsequently, in Riley, supra, our Court clarified that Sproat did not require strict compliance with provisions of an insurance policy that were included solely for the benefit of the insurance company. In that case, the change of beneficiary clause in the insurance policy required that the insured give written notice of the change to the company, and that the change forms, along with the policy, be filed with the company at its head office. The clause also stated that the company would only be charged with notice of a change whenever it had noted the change on the policy itself.
The holder of the policy completed the change in beneficiary forms and had them delivered to the company before her death, but she could not obtain the policy itself, as it was in the hands of the former beneficiary and, due to the holder’s grave illness, she did not request its return. Despite the fact that the policy was not delivered to the company along with the change forms, our Court, nevertheless, concluded that the holder made every reasonable effort under the circumstances to change the beneficiary before she died. We noted that the change provision of the policy, unlike the one in Sproat, did not require the consent of the insurance company to the beneficiary change, nor written notation of the change on the policy in order for it to take effect. We regarded the notice provision as being solely for the insurance company’s benefit and, hence, waivable by the company, and we found “conclusive proof of waiver” by the insurance company’s act of paying the policy proceeds into court for distribution through interpleader. Riley, 313 Pa. at 366, 169 A. at 140.
In Ruggeri v. Griffiths, 315 Pa. 455, 173 A. 396 (1934), our Court relied on Riley to hold that, even though an insurance company did not effectuate an insured’s desire to change his beneficiary until after the insured died, the change would, nevertheless, be given effect, since the evidence showed that the insured had intended to change the beneficiaries before he died. Later, in Breckline v. Metropolitan Life Ins. Co., 406 Pa. 573, 577, 178 A.2d 748, 750 (1962), we reaffirmed this precept and held that, whenever a policy requires written notice to the insurer, but does not specify a time for filing that notice, such notice will still be effective even when filed after the death of the insured — so long as the insured made “every reasonable effort ... to comply with the requirements of the policy.”
Our Court has never heretofore addressed the precise question of whether a will may constitute a valid form of notice to an insurer to change the beneficiary of an annuity contract or life insurance policy; however, the Superior Court considered this question in Carruthers. In that case, the change of beneficiary provision of the life insurance policy provided that a beneficiary could be changed “only by a written notice received by or on behalf of New York Life” and that a change would not become effective unless recorded by the insurance company. 434 A.2d at 127. During the time he was covered under this policy, the deceased twice changed his designated beneficiary. Id. at 126. Prior to his death, the deceased executed a holographic will which stated, in relevant part, that “all insurance ... is hereby changed to read willed to [my brother.]” Id. After the deceased had passed away, an attorney for the deceased’s brother sent the insurance company a letter, along with a copy of the will, and demanded payment of the annuity proceeds. The insurer refused payment and the trial court upheld that action, ruling that the letter and the will did not make a valid change in beneficiary.
In the matter sub judice, the Superior Court acknowledged the holding of our Court in Sproat, as reaffirmed in Riley, that the mode prescribed by the insurance policy for a change in beneficiary must be followed in order to effectuate a change in beneficiary. The court likewise noted that the language of the policy in question, which it conceded was “general and ambiguous,” 434 A.2d at 127, did not require any specific form of notice be provided to the insurance company in order for a change in beneficiary to be accomplished. It also recognized that, under Breckline, there was no requirement that the insurer receive notice of the change prior to the insured’s death for it to take effect. Nevertheless, the Superior Court, purporting to be acting in reliance on our Court’s precedent, determined that the deceased had not substantially complied with the policy’s change in beneficiary provision, and sweepingly held that “neither the letter nor the will, nor both together, could act as notice of a change of beneficiary.” 434 A.2d at 127. The court, therefore, affirmed the lower court’s decision.
As set forth swpra, in determining that decedent’s will in the instant matter could not change the beneficiary on decedent’s annuities, the Superior Court deemed this case to be “factually indistinguishable” from Carruthers and that, “under Carruthers, the will could not operate to change beneficiary status, nor could it be deemed as substantial compliance with the policy company’s notice requirement,” Alkhafaji, at 7. Accordingly, contrary to Appellees’ contention, which Justice Saylor endorses in his Opinion in Support of Affirmance, I perceive the Superior Court as interpreting Carruthers to stand for the proposition that a will, as a matter of law, cannot operate to change the beneficiary of an annuity policy. I conclude such a legal precept should be expressly rejected, however, as it stems from the Superior Court’s apparent erroneous belief, expressed in Carruthers, that our decisions in Sproat and Riley compel such a conclusion. I do not, however, read those cases, nor any other decision of our Court, to stand for the proposition that a will, as a matter of law, can never effectuate a change in the beneficiary of a life insurance policy or annuity contract, or that the presentation of a will to an annuity or insurance company after death cannot, as a matter of law, constitute substantial compliance with a change of beneficiary provision in an insured’s annuity contract or life insurance policy. I would, therefore, hereby disapprove Carruthers.
I further find no merit in Appellees’ additional policy argument, based on 20 Pa.C.S.A. § 6108, that the type of change in beneficiary which occurred in the case sub judice should be prohibited, as it represents an attempt to “take control” of an annuity contract through the will, which Appellee contends would have the effect of improperly forcing distribution of the proceeds of the annuity contract through the probate process. I disagree. Section 6108, on its face, merely speaks to the effect such a beneficiary designation of an annuity contract has on the manner in which the proceeds of the annuity contract will be distributed, namely, it establishes that those proceeds are not considered assets of the decedent’s estate subject to distribution in accordance with the laws governing transfer of property by will. However, where a decedent’s will serves only as the vehicle by which he or she changes the beneficiaries for an annuity contract, it does not contravene Section 6108, since the manner of distribution of the proceeds of the annuity contract is still governed by the terms of the annuities themselves and, therefore, remains outside the probate process.
Inasmuch as I discern no general impediment, as a matter of law, to a change in the beneficiary of an annuity by will, and there is no dispute between the parties that the annuities at issue in this appeal did not prohibit a change of beneficiary by will, under these circumstances I agree with the esteemed trial judge that decedent’s use of his will to change the beneficiaries of his annuities was a permissible mode of changing beneficiaries. I would therefore reverse the order of the Superior Court and remand this case to that court for consideration of the remaining issues raised in Appellee’s direct appeal and Appellant’s cross-appeal, which that court did not address.
Justices BAER and McCAFFERY join this opinion.
. See Alkhafaji v. TIAA-CREF, LLC, Nos. 287 & 363 WDA 2010, slip op. at 3 n. 2, 8-9 (Pa.Super. Feb. 14, 2011) ("Decedent lived more than two months after he executed the will, yet he made no effort to comply with the written notice requirement for changing ben-eficiaries_ [W]e cannot conclude that Decedent did all he reasonably could under the circumstances to comply with the terms of his policy."); N.T., April 11, 2007, at 21, reproduced in R.R. 42a (reflecting testimony that decedent was of sound mind between the time he dictated his will and the time he died more than two months later).
. Justice Todd’s OISR makes much of the fact that the policy in issue permitted receipt, by TIAA-CREF, of notice after the insured's death. It does not explain, however, how an after-death receipt provision negates the express requirement for the decedent at least to make some attempt to effectuate notice within his lifetime.
. That statute, in relevant part, provides:
The designation of beneficiaries of life insurance, annuity or endowment contracts, or of any agreement entered into by an insurance company in connection therewith, supplemental thereto or in settlement thereof, and the designation of beneficiaries of benefits payable upon or after the death of a participant under any pension, bonus, profit-sharing, retirement annuity, or other employee-benefit plan, shall not be considered testamentary and shall not be subject to any law governing the transfer of property by will.
20 Pa.C.S. § 6108(a).
. The remaining TIAA and CREF contracts contain identical provisions.
. TIAA-CREF has not challenged that the will is not "satisfactory" under the terms of the contract.
. TIAA is an acronym for the "Teachers Insurance and Annuity Association,” which was founded in 1918 for the purpose of providing "a fully-funded system of pensions for professors,” and incorporated in New York as a life insurance company that same year. See https://www.tiaa-cref.org/public/about-us/ who-we-are-at-tiaa-cref (last checked 4/30/2013). CREF is the acronym for the "College Retirement Equities Fund,” which is a variable annuity plan created by TIAA in 1952 as an investment vehicle to ensure full funding of its expanding pension obligations. Id. Thus, TIAA-CREF operates as a singular business entity.
. Each of the six annuities contained substantially similar clauses which specified that a change in beneficiary would be accomplished by the holder whenever the holder provided “written notice satisfactory to [TIAA-CREF], sent to its home office in New York, NY.” See "Procedure for Elections and Changes,” TIAA Contract 3-571944-2, at ¶ 37, K-434259-4 at ¶ 34, and B532094-6 at ¶ 30, and CREF Certificate 4-571944-0 at ¶ 44, J-434259-6 at ¶ 36, and Q532094-3 at ¶ 32 (attached as exhibits to "Joint Stipulation of Facts," 5/22/09). These clauses further provided that the change would not take effect "unless it is received” by TIAA-CREF and that, when received, the change would take effect, or become operative “whether or not the signer is living at the time [TIAA-CREF] receive[s] it.” Id.
.This marital settlement agreement was not delivered to TIAA-CREF on the date of its execution, but was, instead, as described infra, delivered along with the will to TIAA-CREF to its offices in New York City after decedent’s death. Trial Court Opinion, 1/15/10, at 4; Joint Stipulation of Facts, 8/31/2009, at ¶ 1 (R.R. 296a). The trial court found that this agreement did not restrict decedent's ability to further change or add beneficiaries to his annuities. Trial Court Opinion, 1/15/10, at 12.
. Appellant raises, for the first time on appeal, the question of whether New York law should apply to interpretation of the change of beneficiary provisions for four of the six annuities at issue. However, by failing to raise any such contention below, as Appellees note, I consider Appellant to have waived any objection to interpreting the change in beneficiary provisions contained in those four annuities in accordance with Pennsylvania law. See generally Pa.R.A.P. 302(a) (“Issues not raised in the lower court are waived and cannot be raised for the first time on appeal.”).
Further, although Appellees advance arguments regarding whether the specific language used in the will was sufficiently precise enough to enable an insurer such as TIAA-CREF to discern exactly which annuities it was to distribute, and, also, the correct apportionment of the proceeds of the annuities among the beneficiaries designated in the will — arguments Justice Baer addresses in his Opinion in Support of Reversal — I do not opine on them. These fact-intensive questions were not raised by Appellant in her petition for allowance of appeal, and our grant of review was, accordingly, restricted to the narrow legal question presented by Appellant in her petition which was whether the Superior Court erred in concluding as a matter of law that a will could not change the beneficiary of an annuity policy when the policy did not prohibit that manner of change. Additionally, having interpleaded the proceeds of the annuities, TIAA-CREF does not presently contest the adequacy of the specific language used in the will to accomplish a change of beneficiary.
. Insurance policies, like annuities, are deemed contracts between the insured and the insurance company. American and Foreign Insurance Co., supra.
. Contrary to the position taken by Justice Eakin in his Opinion in Support of Affir-mance, I conclude that decedent’s use of a will delivered to TIAA-CREF after his death was in accord with the specific terms of the change of beneficiary clauses of the annuities at issue. Construing the plain language of those change of beneficiary clauses, and giving their words their accepted and ordinary meaning, Donegal, supra, all that these clauses required decedent to do in order to validly change his designated beneficiaries was: first, that he furnish TIAA-CREF with written notice of his designated changes; second, that he sign such notice; third, that such written and signed notice be satisfactory to TIAA-CREF; and, fourth, that said written and signed notice be received by TIAA-CREF at its home office in New York. See supra, note 3 (reciting terms of annuities' change of beneficiary clauses).
Regarding whether decedent’s signed will was an acceptable mode of written notice, it is significant that the change of beneficiary clauses of the annuities at issue did not require the annuitant to utilize any specific type of preprinted form to change beneficiaries, nor did these clauses otherwise specify or restrict the type of written notice an annuitant could use to make a beneficiary change. The mere fact that decedent had previously executed another written instrument to change his beneficiaries — the marital settlement agreement — did not mean that he could not, thereafter, use a different method of written notice to change his designated beneficiaries again.
Further, the instant change of beneficiary clauses did not require that written notice of an annuitant's desired change be delivered to TIAA-CREF at its offices during the annuitant’s lifetime, or that the annuitant himself effectuate delivery while he or she was alive. As previously mentioned, see supra at n. 3, and highlighted by Justice Baer in his Opinion in Support of Reversal, see Opinion in Support of Reversal (Baer, J.) at 4, the language of the change of beneficiary clauses specifically permitted a change in beneficiary to take effect any time TIAA-CREF receives the written change of beneficiary request at its New York headquarters, and the clauses explicitly provided that this change would be implemented even if the annuitant had died by the time TIAA-CREF received the written notice. So, in my view, the mere fact that the will was mailed to TIAA-CREF after decedent’s death is of no moment in this case.
With respect to the question of whether the notice was satisfactory to TIAA-CREF, having interpleaded the proceeds of the annuities, TIAA-CREF does not presently assert that decedent’s use of the will was not a satisfactory form of written notice to it. Moreover, and in any event, since the annuities did not require TIAA-CREF give its approval for a beneficiary change to take place, as the insurance company had required in Sproat, and in light of the fact that TIAA-CREF has presently inter-pleaded the proceeds of the annuities into court, under Riley it has waived any right in these proceedings to reject decedent's will as an unsatisfactory form of written notice to it.
. Section 6108 provides:
§ 6108. Designation of beneficiaries of insurance or employee death benefits not testamentary
(a) In general. — -The designation of beneficiaries of life insurance, annuity or endowment contracts, or of any agreement entered into by an insurance company in connection therewith, supplemental thereto or in settlement thereof, and the designation of beneficiaries of benefits payable upon or after the death of a participant under any pension, bonus, profit-sharing, retirement annuity, or other employee-benefit plan, shall not be considered testamentary and shall not be subject to any law governing the transfer of property by will. This section shall apply regardless of whether the insurance contract or the employee-benefit plan designates the ultimate beneficiaries or makes the proceeds payable, directly or indirectly, to a trustee of a trust under a will or under a separate trust instrument which designates the ultimate beneficiaries, and regardless of whether any such trust is amendable or revocable, or both, or is funded or unfunded, and notwithstanding a reservation to the settlor of all rights of ownership in the insurance contracts or under the employee-benefit plans. Unless otherwise expressly provided in the conveyance, funds or other property so passing to a trust under a will shall become and be a part of the testamentary trust to be administered and disposed of in accordance with the provisions thereof, without forming any part of the testator’s estate for administration by his personal representative.
20 Pa.C.S.A. § 6108(a).
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CASELAW
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Teens and Acne
By Dr. Stephanie Lee, pediatric resident at CHOC Children’s
Teens and acne is a common struggle. Acne is the most common skin disorder in the United States. Although it is more common in teenagers, it can affect people of all ages.
Acne is not purely a cosmetic problem. The skin is the largest organ and should be kept healthy. Acne can lead to dark spots and scars if left untreated. Psychological side effects can come alongside teens and acne, including low self-esteem, depression and anxiety.
What is acne?
Acne occurs when a pore (also known as a hair follicle) becomes clogged. We normally shed dead skin cells, but they get trapped by an oily substance known as sebum, produced by glands near the hair follicles. Bacteria can also get trapped and cause inflammation.
Hormones increase sebum production, which is why teenagers are commonly affected by acne. Teens going through puberty may have acne due to hormonal changes they’re going through. Girls may develop acne worsened by their periods.
There are different types of acne:
Non-inflammatory:
• Whiteheads are closed pores with dead skin cells and sebum.
• Blackheads are open clogged pores that darken due to a chemical reaction, rather than the common misconception that it’s dirt.
Inflammatory:
• Papules are clogged pores infected by bacteria, leading to red raised bumps.
• Pustules are pus-filled bumps.
• Nodules are larger, hard bumps.
• Cysts are clogged pores that break under the skin causing bigger areas of inflammation. These can be quite painful.
Acne is often located on the face, neck, chest, upper back and upper arms because these are where the sebaceous glands are more abundant.
Acne may also be seen in other health conditions that require further work-up with labs or imaging, such as polycystic ovary syndrome (PCOS), congenital adrenal hyperplasia (CAH), or tumors. It can also be a side effect of certain medications. Other skin rashes may be confused with acne. If you aren’t sure whether your acne is due to hormones or another health condition, ask your pediatrician.
Teens and acne: treatments that work
Acne is categorized by severity, and treatment is prescribed based on this grading scale. There are many options for medications, and your pediatrician can help you find the one that is right for you. Some are available over-the-counter and do not need a prescription, which are typically helpful for mild acne. Common topical medications include benzoyl peroxide, adapalene, and antibiotics (clindamycin, erythromycin). Usually, you’ll try one of these first for mild to moderate acne. Benzoyl peroxide and adapalene are available over the counter without a prescription. Oral medications used to treat moderate to severe acne are usually antibiotics such as doxycycline, minocycline or tetracycline. For females, hormonal therapy such as oral contraceptives or spironolactone can be very helpful for treating acne. If you have more severe acne that does not respond to initial treatment, your doctor may consider prescribing isoretinoin (brand name Accutane).
Some of the medications can have anti-inflammatory, pore-clearing, and/or anti-microbial properties. Side effects for topical medications may include dry, irritated skin. Side effects for oral antibiotics may include upset stomach and/or sensitive skin, especially in the sun. These side effects can be minimized by using a facial moisturizer with SPF30 or more to keep your skin hydrated, prevent sun damage, and promote healing. Ask your doctor or pharmacist about possible side effects for specific medications. It may take two to three months to see improvement in acne with medications.
Teens and acne: dos and don’ts
There are many common misconceptions surrounding acne.
• Frequent washing or scrubbing does not prevent acne; it can make it worse.
• Popping pimples will not help get rid of them faster, but can push infections deeper beneath the surface of the skin and boost your risk of scarring.
• There is limited evidence that acne gets worse if you eat greasy foods.
• Stress may worsen acne but does not necessarily cause it.
• Non-comedogenic (sometimes called acne formulation) products are better for acne-prone skin, which are often water-based.
It is best to talk with your doctor about your acne to get recommendations and treatment tailored to your needs.
Learn more about adolescent medicine at CHOC.
Related posts:
• How are teens coping with changes brought on by COVID-19
Changes caused by the COVID-19 pandemic and social distancing have greatly impacted teens. They’re not in school or seeing friends in person, and many are struggling with the reality of ...
• How to help your teen cope with COVID-19 cancellations
By Dr. Mery Taylor, pediatric psychologist at CHOC Children’s To high school seniors, schools being closed doesn’t equal a vacation – to them, this is time they won’t get back with ...
• Cyberbullying and COVID-19
Cyberbullying has become an increasingly common and serious issue in recent years largely due to the easy access, and in some cases the anonymity, of digital devices. As children and ...
Acne Myths
Lots of kids and teens have to cope with acne. Because it’s so common, acne is the subject of much discussion — and many myths. By clearing up some of the common tales about acne, you can help your son or daughter get through it. Check out the following facts from Kids Health, an online resource for parents on choc.org.
Myth: Getting a Tan Helps Clear Up Skin.
Fact: Even though a tan may temporarily cover the redness of acne, there’s no evidence that having tanned skin helps to clear up acne. People who tan in the sun or in tanning booths or beds run the risk of developing dry, irritated, or even burned skin. They’re also at increased risk of premature aging and developing skin cancer.
Encourage kids to keep skin safe by wearing protective clothing, hats and sunglasses when outdoors. They should also wear a sunscreen with a sun protection factor (or SPF) of at least 30 that’s labeled “noncomedogenic” or “nonacnegenic,” which means the product won’t clog pores. Discourage the use of tanning beds or booths. It’s especially important for kids who use prescription acne medications (including oral contraceptives, which are often prescribed to help clear up acne) to stay out of the sun and away from tanning beds. These drugs can make skin extremely sensitive to sunlight and the rays from ultraviolet tanning booths.
Things that may aggravate acne:
• Irritants such as pollution, hair products, and makeup that’s not labeled noncomedogenic or nonacnegenic
• Pressure from hats and headbands
• Friction caused by touching or rubbing the face
• Changing hormone levels
• Overzealous scrubbing
• Popping pimples
• Sun exposure
Myth: Washing Your Face Often Prevents Breakouts.
Fact: Hygiene isn’t related to the development of acne, either. Washing the face each day gets rid of dead skin cells, excess oil, and surface dirt, but too much cleansing or washing too vigorously can lead to dryness and irritation — which can actually make acne worse.
Dermatologists usually recommend gently washing — not scrubbing or rubbing — the face no more than twice a day with a mild cleanser and patting the skin dry. Kids should steer clear of harsh exfoliants or scrubs, which can actually irritate blemishes. Toners containing high concentrations of alcohol can dry out the skin and should be avoided.
Myth: Popping Pimples Makes Them Go Away Faster.
Fact: Though popping a pimple may make it seem less noticeable temporarily, popping can cause the zit to stay around longer. Popping a pimple pushes bacteria from the zit further into the skin, making the area around the acne even more reddened and inflamed.
If your child is bummed because a huge zit arrived just in time for a special event, apply a dab of benzoyl peroxide gel to dry it. A dermatologist may also be able to recommend treatments for a teen with severe scarring.
Myth: For Clear Skin, Don’t Wear Makeup or Shave.
Fact: Kids don’t have to forego cosmetics as long the products used are labeled noncomedogenic or nonacnegenic, which means they won’t cause breakouts. Some concealers now contain benzoyl peroxide or salicylic acid, which help to fight acne. Tinted acne-fighting creams may also help to fight pimples while hiding them. However, if any product seems to be irritating the skin or causing breakouts, have your child stop using the product and call your dermatologist.
Cosmetics labeled “organic,” “all natural,” or those containing herbs have gained popularity, but they may contribute to clogged pores and acne, so it’s best for kids who are prone to breakouts to steer clear of them.
Teen boys who have acne and shave can use either safety or electric razors, but should shave lightly around blemishes to avoid nicking the skin and causing irritation and infection.
Myth: Use More Acne Medication to Prevent Breakouts.
Fact: When it comes to over-the-counter acne medication containing active ingredients such as benzoyl peroxide and salicylic acid, more isn’t better. Using too much medication can actually worsen acne because it leads to dryness, irritation, and more blemishes. A dermatologist can suggest acne treatments if your child:
• Has tried over-the-counter acne treatments with little or no success
• Has developed acne scars
• Has painful, large pimples
• Is dark-skinned and has acne that’s causing dark patches to form
• Has low self-esteem or a reduced enjoyment of life because of acne
Prescription acne medication may take up to eight weeks to have a noticeable effect, so remind kids to use the medication exactly as directed. If the acne doesn’t improve within six to eight weeks, talk to the dermatologist.
Related articles:
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ESSENTIALAI-STEM
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-- Japanese Stock Futures, Australian Shares Advance on U.S. Economic Reports
Japanese stock futures and
Australian stocks rose after reports indicated economic recovery
is accelerating in the U.S. and on speculation a bailout for
Ireland will prevent a spread of the nation’s banking crisis. American depositary receipts of Canon Inc., a camera maker
which derives almost 80 percent of its revenue abroad, advanced
0.9 percent from the closing share price in Tokyo. Those of
Komatsu Ltd., a maker of earth movers that gets more than 75
percent of its revenue outside Japan, jumped 2.6 percent. Shares
of BHP Billiton Ltd., the world’s largest mining company,
advanced 1 percent in Sydney. Futures on Japan’s Nikkei 225 Stock Average expiring in
December closed at 10,110 in Chicago yesterday, compared with
9,985 in Singapore. They were bid in the pre-market at 10,100 in
Osaka, Japan, at 8:05 a.m. local time. Australia’s S&P/ASX 200
Index rose 0.4 percent today. New Zealand’s NZX 50 Index gained
0.7 percent in Wellington. “Upward momentum in the U.S. economy was confirmed, so
concerns that the yen will appreciate further receded,” Juichi Wako , a senior strategist at Tokyo-based Nomura Holdings Inc.
“Exporters will likely lead gains as worries about their
earnings have decreased.” Futures on the Standard & Poor’s 500 Index were little
changed in New York. The index gained 1.5 percent to 1,196.69 as
speculation grew that Ireland will accept a bailout to rescue
indebted banks and reports on manufacturing and jobless claims
bolstered optimism about the economy. Irish Bailout Irish Finance Minister Brian Lenihan said the government is
prepared to ask for a bank rescue after talks with the European
Union and International Monetary Fund, which sent teams to
Dublin yesterday. “When details of the EU’s support for Ireland become clear,
uncertainties about the outlook of heavily indebted countries
will decrease,” Nomura’s Wako said. A report from the Federal Reserve Bank of Philadelphia
showed manufacturing in the Philadelphia region expanded in
November at the fastest pace this year. Applications for
unemployment insurance payments rose by 2,000 to 439,000 in the
week ended Nov. 13, Labor Department figures showed yesterday in
Washington. That was lower than the median estimate of 441,000
of 46 economists in the Bloomberg survey. The yen depreciated to 83.79 against the dollar today,
compared with 83.22 at the close of stock trading in Tokyo
yesterday. Against the euro, Japan’s currency weakened to 114.09
from 113.14. A weaker yen boosts the value of overseas income at
Japanese companies when converted into their home currency. The MSCI Asia Pacific Index has increased 9.3 percent
through yesterday in 2010, compared with gains of 7.3 percent by
the S&P 500 and 6.8 percent by the Stoxx Europe 600 Index .
Stocks in the Asian benchmark are valued at 14.5 times estimated
earnings , compared with 14.1 times for the S&P 500 and 12.2
times for the Stoxx 600. Crude oil for December delivery increased 1.8 percent to
$81.85 a barrel in New York, the most in two weeks. The London
Metal Exchange Index of prices for six industrial metals
including copper and aluminum rose 2.3 percent yesterday. To contact the reporters for this story:
Akiko Ikeda in Tokyo at
iakiko@bloomberg.net ;
Satoshi Kawano in Tokyo at
skawano1@bloomberg.net . To contact the editor responsible for this story:
Nicolas Johnson at
nicojohnson@bloomberg.net .
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NEWS-MULTISOURCE
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Dystonia
March 2017
Definition
Dystonia is a neurological disorder characterized by motor disorders of the muscle. It is characterized by involuntary muscle contractions resulting in prolonged and abnormal movements. This symptom does not appear at rest, but occurs during voluntary movements. The causes of this disease are essentially hereditary. There are several types of dystonia: dystonia may be primary, with a genetic or unknown origin, or secondary to another disease such as a stroke or a traumatic brain injury. Furthermore, dystonia is categorized according to the affected body parts. It is "focal" when it affects a single body part, "segmental" when it affects several parts and "widespread" when the whole body is affected.
Symptoms
Symptoms vary depending on the nature of the dystonia, and may include the following:
• abnormal posturing and movement disorders;
• cramps and involuntary muscle spasms;
• difficulty finding a comfortable position for the arms and legs;
• in general, symptoms improve with rest and worsen with stress.
• a dystonic blepharospasm, which affects the upper eyelid making it close involuntarily;
• cervical dystonia, with tight and painful neck muscles;
• some dystonias may affect muscles that are used frequently such as those of the hand.
Diagnosis
Dystonia is diagnosed by a specific interview and clinical examination that includes a neurological aspect. A blood test or an MRI of the brain is needed to rule out other possible causes of dystonia such as a stroke. Finally, to precisely locate the muscles involved in dystonia, an electromyogram (EMG) is sometimes practiced. It records the electrical activity of muscles at rest or in motion, and thus detects any potential anomalies.
Treatment
Dystonia has no cure. The treatments that exist simply help to relieve symptoms. Various drug treatments are used and injections of botulinum toxin can help with symptoms in some cases.
Related
Original article published by . Translated by Jeff.
This document, titled "Dystonia," is available under the Creative Commons license. Any copy, reuse, or modification of the content should be sufficiently credited to CCM Health (health.ccm.net).
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ESSENTIALAI-STEM
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Page:The Works of the Rev. Jonathan Swift, Volume 14.djvu/294
286 sorry for it. But when must I answer this letter of our MD's? Here it is, lies between this paper on the other side the leaf: one of these odd come shortlies I will consider, so good night.
13. Morning. I am to go trapesing with lady Kerry and Mrs. Pratt to see sights all this day: they engaged me yesterday morning at tea. You hear the havock making in the army: Meredyth, Macartney, and colonel Honeywood, are obliged to sell their commands at half value, and leave the army, for drinking destruction to the present ministry, and dressing up a hat on a stick, and calling it Harley; then drinking a glass with one hand, and discharging a pistol with the other at the maukin, wishing it were Harley himself; and a hundred other such pretty tricks, as inflaming their soldiers, and foreign ministers, against the late changes at court. Cadogan has had a little paring: his mother told me yesterday he had lost the place of envoy: but I hope they will go
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WIKI
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Talk:Grand Canyon/Archive 1
older comments
Awesome picture with some good informaion. I wish you could get a balance though, simple info gives way to overly confusing info, MAKE IT SIMPLE!!!
Page says "attains a depth of more than a mile (1 km)" But 1 mile = 1.6 km so this doesn't make sense
Great picture– if we have confirmation that it is PD (like, you took it) it would be good to cite that below the picture. Thanks! ClaudeMuncey, Tuesday, April 2, 2002
The picture (I placed it) is from the www.nps.gov website, and is PD. I'll place a note below the picture. jheijmans
Removed from article:
* The details of its development are still somewhat controversial. The most likely scenario is that a large lake overflowed the Kaibab Plateau about 5 million years ago, following the route taken by the Little Colorado River up to 70 million years ago. That accounts for the narrow lower (western) canyon and the much wider upper (eastern) canyon, as well as several other lines of evidence.
In all the 7 references I've used to write about the canyon's geology here, I have not seen a single reference to this. Citations needed. --mav 23:56, 26 Apr 2004 (UTC)
- Consult the book Carving Grand Canyon by Wayne Ranney, wherein an explanation for the "two-river theory" is explained. Zencowboy27 (talk) 17:17, 30 May 2009 (UTC)zencowboy27
what to do with that link - http://print.google.com/print?id=2t4N1fEy88EC&lpg=15&prev=http://print.google.com/print%3Fq%3Dhistory%26sig%3DZvOhQweN0RFQSRjBsyz9tDUGSls%26ie%3DUTF-8%26id%3D2t4N1fEy88EC&pg=0_1&sig=611DvvzSBnPiFQxbdpdJPjFzwtI ? I can't add it!
What about giving the Creationists view a bit more of a real something that could have happened rather then just act like it never did happen and is a silly idea?
JCP
* hahahhhaha good one. Why not say it's the clawmark from a giant bunny. Ahhh stupid american religion, there's none more ignorant.<IP_ADDRESS> 18:31, 1 September 2007 (UTC)
* We don't heed the beliefs of flat earthers when describing the shape of the Earth. The same goes here. -- brian0918 ™ 22:58, 23 Apr 2005 (UTC)
---
* The names do not belong in the lead. If there is further discussion of the topic later in the article it might be appropriate there; otherwise the reference should suffice. It would improve the ref if it could go to a primary source (the Science article, which however is behind a paywall) rather than the New York Times that requires a login). Cheers Geologyguy (talk) 18:45, 23 March 2008 (UTC)
Also added: In 1858, John Strong Newberry became probably the first geologist to visit the Grand Canyon. Discrepancy (talk) 18:46, 23 March 2008 (UTC)
Sky Walk Project
Could someone find some information and pictures on the Sky Walk project, scheduled to be completed this year? It is a clear walk-way offering an interesting view from directly above the canyon and is connected to the visitor center. There was recently an article about it in Popular Science Magazine. Thanks, Greenblade99 01:46, 21 November 2006 (UTC)
* I noticed that too...
Creationism
Removed:
* Creation scientists, such as Kent Hovind, dispute this view of the canyon's creation, claiming instead that it was created in only a few days during the Great flood, which, they contend, took place a few thousand years ago.
A fringe viewpoint, however vocal its proponents may be, belongs on the viewpoint's own article, in this case Creationism, which should serve as a repository for creationists' claims. I can conceive of exceptions to that idea for some of the more bizarre claims (e.g. the idea that humans and dinosaurs were contemporaneous should probably get a mention on Dinosaur). However, practically no one of any academic standing seriously believes that the canyon was formed only some thousands of years ago, so a reference to this is not appropriate for this article. Moreover, quotations from individual contemporaries are only one step up from original research and are rarely encyclopedic, being more suited for magazine articles and the like. Jeeves 09:57, 24 Apr 2005 (UTC)
* It may be a fringe viewpoint, but it has gained some traction recently, especially with the National Park Service stocking the creationist book "Grand Canyon: A Different View." Even if no one of academic standing accepts this view, it is a contemporary controversy (at least politically) and seemingly relevant. Perhaps a separate section on this controversy would be appropriate. – Temtem 19:00, Apr 27, 2005 (UTC)
* It doesn't belong in the article, in the same way that Earth doesn't describe our planet's shape as "round, or maybe flat". The bookshelf choices of the NPS in the United States don't affect the content of the English Wikipedia, only popular acceptance by academia can do that. Kent Hovind may have thrown together a thesis at a diploma mill, but he hasn't gained any support from legitimate fields of research. See Jeeves's comments above for the appropriate place for this content to be placed. -- brian0918 ™ 19:35, 27 Apr 2005 (UTC)
* Thanks for the tip, but I had already seen Jeeves's comments. I wasn't arguing that Kent Hovind has gained any academic respect, and I wasn't suggesting that the article should say that the maybe the Grand Canyon was formed 4000 years ago. Your reference to the Flat Earth hypothesis is off-point virtually no one is pushing for its acceptance, and it isn't a current controversy. But there are people, and a good number of them, in the United States who are pushing for this young-earth view of the canyon's creation. Your position seems to be that a Wikipedia article can contain (or even reference) only academic viewpoints. I admit, I'm not an expert on Wikipedia policies, but this cannot be a correct statement of the policies. If that were the case, the article on the Hale-Bopp comet could not contain a reference to the mass suicide of the Heaven's Gate cult, the article on elephants could not contain the section "elephants in pop culture," and the article on cattle could not contain a reference to the Hindu belief that the cow is holy. There doesn't need to be a suggestion in the article that the creationist view is valid, scientific, or academically accepted. But it is a view that has current, real-world effect. – Temtem 20:10, Apr 27, 2005 (UTC)
* I see part of your point, but this article seems more akin to the Earth article (which does not and should not mention flatness) than to the article on cows or elephants. It would be equally inappropriate to insert references to every other fringe religion's unsubstantiated ideas of how the canyon was formed. Incidentally, if Earth contains creationist references, they should be removed. And if certain people with creationist leanings (or bona-fide creationists) feel like they're being gypped, they should be invited to establish their own reality-denying fork of Wikipedia. Jeeves 20:48, 27 Apr 2005 (UTC)
* Wikipedia is not Wikinfo. If you want to post minority viewpoints about a topic, go to Wikinfo. Also, people speak English outside the United States. (3.5 times as many) -- brian0918 ™ 22:08, 27 Apr 2005 (UTC)
* I was already aware that there are people outside the United States who speak English. I'm not sure how that's relevant, as I was simply locating the majority of creationists, not claiming that their location in the United States gave any validity to or increased the relevance of their views. I've noticed you've tagged me as a "creationist" on your watchlist. How you reached this conclusion is beyond me, as I've never once argued in favor of creationism. You might as well assume that someone who makes a lot of posts related to Commmunism is necessarily a Communist. I fully understand if you disagree with some of my edits, but it is disturbing that you've apparently diagnosed me as a creationist and decided to revert all of my edits on the topic, even where clearly relevant (as in the case of the link to the Islamic creationist website in creation-evolution controversy), based on some NPOV (though of debatable relevance) insertions I've made in some articles. – Temtem 23:44, Apr 27, 2005 (UTC)
* You've provided no sources for your claims that the majority of creationists believe the Grand Canyon was formed in a relatively short amount of time. You've simply stated it as fact. The only way information like that could be included in the article would be if accepted groups of academia are arriving at conflicting conclusions (with one of those conclusions being that the Grand Canyon is young). This is the situation on articles such as circumcision, where conflicting reports from legitimate journals have stated contradicting conclusions about the benefits of circumcision (one saying that it is highly beneficial, the other saying it isn't). Simple conjecture among a minority of individuals isn't going to cut it. As for my watch list, the label "creationist" was just to remind me what sort of topics you edit. I only put you on the watch list because you've been adding POV to various articles. You're assuming that I think the label "creationist" is a bad label. As for your external link, only 38 other sites on the entire internet link to it. The other external links at least have a modest 600-2500+ other sites linking to them. Short of analyzing the entire contents of the site, this is the only way we have of determining if sites are legitimate, or invalid, original research. -- brian0918 ™ 00:03, 28 Apr 2005 (UTC)
I saw on a national geographic special that the grand canyon was carved out of the the empty lake bed that is behind the colorado river as a new thoery of how the grand canyon was formed and also the dry lands. They did experiments on a smaller scale and found the same features as if it were on a larger scale. It was supected that there was a glacier that melted and let the water outa of the lake bed that casued a large engofh food that made the grand canyon. It may also have of been a larger flood that flushed that lake that used to be there but currently we dont know there might be some evidnce for this. Anyways all i am saying is that a flood is a reasonable idea of how the grand cayon came to be. idk if it was on national geogrpahic or discovery.Barry White 04:48, 12 September 2006 (UTC)
* You are probably confusing the program on the catastrophic emptying of Glacial Lake Missoula, which created the Channeled scablands of Washington state, with the Grand Canyon. A flood is not a reasonable idea of how the Grand Canyon came to be; no scientists find evidence to support the idea.Geologyguy 13:29, 12 September 2006 (UTC)
Yeah ur right it is just that the show was showned a long time ago anyways dont you think its weird where the river enter the grand canyon is like a big diffence from the elvation of the grand canyon(the canyon being much higher than where the river enters it?) and the entrance.Barry White 15:06, 16 September 2006 (UTC)
* I have added an "in the news" entry about how they are refusing to say how old it is to avoid offending creationists. The beliefs of creationists are written in it, so everybody should be happy. :) DarkSideOfTheSpoon 03:22, 31 December 2006 (UTC)
* I, too, have added an "in the news" section about NPS' refusal to comment on the age, since the last one went missing. I am not knocking either point of view, merely reporting current practices within the park. CrankyScorpion
03:45, 23 March 2007 (UTC)
As much as I disagree with creationists, I don't think their viewpoint can be described as "fringe." The Bush administration has backed the sale of the controversial book in the grand canyon book store. The National Park Service also backs it. A large percentage of policy makers cannot be described as fringe. Not only is ignoring them NPOV, it lowers the quality of wikipedia as an information source. Rm999 21:27, 16 April 2007 (UTC)
* How much do you disagree with creationists? Not at all it seems. So you are a liar as well as a fool.
<IP_ADDRESS> 18:31, 1 September 2007 (UTC)
* Read the links in the section below, "Creationism has been put back in." The Park Service does not back this book as science; it is sold as "spirituality". Park rangers do not mention it nor creationism in their discussions. And with respect to science, policy makers can indeed be described as "fringe" when they support pseudoscience. This is a science article, and it contains all the reference to non-science that it should. Cheers Geologyguy 22:18, 16 April 2007 (UTC)
* Fringe is defined as an extreme view. Although a scientists may think pseudo-science is fringe, a religious person would disagree. Wikipedia should present both sides - not necessarily as fact, but that both sides exist. Rm999 21:41, 14 May 2007 (UTC)
* This can't be right. If you are some rock hard science should be 'fringe science' because almost everyone except those that actually know something about it would disagree.--<IP_ADDRESS> 20:38, 9 June 2007 (UTC)
interwiki
The de & fr interwiki links to the National Park, not Grand Canyon itself. Shall we delete them (or if possible, replace them with the correct links)? --Wingchi 17:47, 30 May 2005 (UTC)
Frankly the description of the page is conjecture also as it is mostly based upon the age of the Colorado river and it's eventual erosion. The theory of it's age is treated as fact just and should not be treated as such. There is no supporting evidence that the age of the canyon is millions of years old, such conjecture about how it was created should be treated as a theory and not truth unless definitively proven. As such the creationist explanation gains merit and should also be included. Looking at flash flood patterns in other areas of the world reveals a stripping effect that produces a similar appearance as that of the canyon itself. It is not far fetched to consider that a large scale flood also caused the canyon to be formed.
<IP_ADDRESS> —Preceding comment was added at 05:11, 6 November 2007 (UTC)
link removal
A few days ago, I found that a multidisciplinary presentation I placed on the web for public access was listed on a Wikipedia page, by someone who is an active contributor to that page. That is what led me to the Wikipedia website. I subsequently looked into Wikipedia and learned that articles can be added at will, to be evaluated by users as to their worthiness. I later personally placed a link to the presentation on the Grand Canyon page--not to a page on my own website--to a page on a huge website that is hosting the presentation out of Australia that doesn't "need" the traffic: http://astronomy.swin.edu.au/~pbourke/fractals/grandcanyon/. The deletion comment follows. "'link claims to explain fractals in the grand canyon, but the examples are: fractals in clouds above the grand canyon, in lightning that strikes it, in snow that falls in it. nonsense = revert)'" From the start, this presentation was put together with the input of the GCNPS Division of Interpretation and Resource Education, and went through multiple stages of review and change. The criteria I had to meet was from their "Primary Interpretative Themes" document. The GCNPS is obligated to strictly follow this criteria. After many months of discussions via telephone and in-person meetings, and the series of revisions that ensued, I presented it as a special program at GCNP, but that was the smaller part of the plan (the part that ensured it was credible from a Canyon standpoint; from a math standpoint, it has also been heavily critiqued in academia). The bigger plan was always to place it on the web and make it accessible to individuals and teachers. It is true that I have a math agenda, but the GCNPS understood this from the start, and I had to walk through fire with them to pass muster with this. Two big sections address the Canyon itself, one is about the Canyon walls/Rim, and the other is about boundaries. The example sections cited as inappropriate were clouds, lightning, and snow. The clouds section is miniscule: 2 images; there is one image devoted to lightning; and I actually wanted to remove the snow section but the Division of Interpretation and Resource Education wanted it to stay in. One of the things they like most about the presentation is that it touches on so many aspects of the Canyon. (I keep saying "the Canyon" because I can't correctly say the Grand Canyon, it is technically incorrect to call Grand Canyon "the Grand Canyon", so I often say, the Canyon, and Grand is implied :-).) When I finally gave the presentation at the Park, several rangers were present. They were very enthusiastic about it, especially rangers who inhabit the bottom of the Canyon, and several of them made relevent connections with their own experiences. These connections, some of them, are going to be incorporated, mostly into the boundaries section, probably in the fall months based on conversations with the Division of Interpretation and Resource Education that will take place in an informal meeting in Tempe on June 23rd, a few days away. A section on the river is also planned. Now, I understand that my presentation may not be appropriate for your Grand Canyon page, in that it has an agenda above and beyond Grand Canyon, but I believe that the decision should NOT be made without due diligence, in a summary judgment that does not include an accurate assessment of the materials. Grand Canyon is a topic of world interest. I'm trying to make romantic math-in-nature connections, to woo the general public to see math in the beauty of the nature around them, whether it is at Grand Canyon or in the rocks and trees in their backyards. If you don't want it on your Grand Canyon page, that is fine. It is the spirit of the dismissal that I am answering. Hopefully, someone will take the time to actually look at the presentation at the above link. You might see things my way, or maybe not, but at least the decision will not be arbitrary.
* Ok. -- brian0918 ™ 23:21, 18 Jun 2005 (UTC)
---
Interpretive Framework
Interpretive Framework
Would it be possible to include an additional Interpretive Framework for the origin and formation of the Grand Canyon?
It appears that an Admin Brian0918 will not permit it.
Is there support for a broader interpretation? Considering the reputation of Wiki, I think and hope so.
Currently the Grand Canyon article is severely limited to the Uniform Process framework for interpretation of the great wonder we observe.
It is possible, and consistent with observable evidence (ie: Mt. St. Helens Spirit Lake and Canyon formations near-by), that a Catastrophic Event could have formed the Grand Canyon.
Allowing this additional/alternative Interpretive Framework yields explanations quite different from those currently provided in the eloquent article. The reader is left with the option of choosing the Interpretive Framework -vs- the current monopoly of thought that is provided.
Why is the Catastrophic Event Interpretive Framework eliminated /yea, forbidden/ from this Wiki article?
Respectfully, BrianH
* We don't include it mainly because I, as the Admin Brian0918, will BAN anyone who does so! -- brian0918 ™ 30 June 2005 19:24 (UTC)
Why is it orinigal reseacrh? becasue it is an observation that gave similar features but just on a smaller scale w/e anyways.Barry White 14:59, 16 September 2006 (UTC)
link removal
I've added an outfitter guide link to the external links page that I think is relevant per Wikipedia policy that states: External links to commercial organizations such as thisare acceptable if they can serve to identify major corporations associated with a topic. This is obviously contraversial as it has been edited a couple of times. I agree that irrelevant links can get out of hand, but to remove this link would require removing almost all links in the external link category. This link provides educational tours of the subject that is being mentioned, and is thus relevant in this category. Furthermore, the contraversial nature of canyon formation dictates juxtaposed opinions and heated debate. Please post any contrary opinions here before continuing with unproductive "edit wars". findbgs
* First up, please add new topics for comments to the bottom of the talkpage, with a header, as it makes it easier for people to spot new discussions.
* Second, sorry, but this link doesn't count as a "major corporation associated with the topic". This particular topic has no "major corporation" associated with it. Your link is solely a commercial site trying to sell something and serves no encyclopedic purpose whatsoever. If we set the bar so low that this link is acceptable, than anyone anywhere trying to sell anything will use the same argument to get their own links on whatever articles they want. I know you would like to believe that your own link is somehow more worthy than the other million people looking for free advertising, but it just doesn't work that way. Sorry. DreamGuy 06:11, 2 January 2006 (UTC)
I agree that any link could be acceptable under certain standards, but who determines wheather you or I set the bar. I simply offer this link as an expert. I'm not associated with this company. I know who is good an who isn't. I've been at Grand Canyon for a long time. What makes you a Wikipedia cop? I stand by my edit that this is an organization at Grand Canyon that can further educate people. This is a public forum, is it not? I believe it is a corporation associated with the topic. If you disagree than continue with the wikipedia dispute rather than continue with your petty edit war. Findbgs 06:31, 2 January 2006 (UTC)
* Ok, I could quote all of External links, but we can all read, so I won't. In particular though, I think the link violates numbers 1 through 3 of External links while failing to meet any of External links. It could very well be that they are excellent guides and know what is going on, but that does not add anything to the article. If there were an article just on tours of the GC that wasn't just a link spam or advertising platform it would be appropriate there but not here. IMO. Wikibofh(talk) 15:50, 2 January 2006 (UTC)
* So, I think you've swung to the other extreme on some of the link removals. In particular, I think the National Park service link fufills #1 of what should be linked to. After all, it is a national park. The fact that the site we link to, then links to other sites that offer commercial services, is a little too communative to require it's removal. I also think some of the article text can be added back, but actually like most of your removals. Perhaps a new section on "Tourism in the Grand Canyon" might be appropriate? I also think the image of "El Tovar" is fine as well. It's an historical hotel, no real overt advertisement in showing it. Wikibofh(talk) 20:52, 2 January 2006 (UTC)
* Offensive, vulgar and irrelevant unsigned comment removed
* It could be argued that the National Park Site is not an official Grand Canyon Site. It is an official "Grand Canyon National Park" site. Furthermore, the NPS is just the land management agency for Grand Canyon, and as such, their mission to: "provide for the enjoyment of the same" (See the Organic Act of 1916) amounts to a commercial license to sell entry "tickets". It should be noted that 80% of the fees collected at the gates go directly to the park unit (under the current fee demo management program). Therefore the NPS has a huge vested interest in selling these entry "tickets". Findbgs 18:34, 2 January 2006 (UTC)
* So, are you arguing that? The fact is that it's a government site. The website has no advertising and is not are direct source of revenue. The Grand Canyon is within the national park, so that is a distinction without a difference. I seriously doubt anyone goes to the Grand Canyon because of the website any more so than I expect them to do so because of this article. Wikibofh(talk) 20:52, 2 January 2006 (UTC)
Folklore?
What about a section for folklore surrounding the Canyon? Like various tales that attribute its creation to Paul Bunyan or Pecos Bill? Kevingarcia 07:52, 28 January 2006 (UTC)
removed from Good articles
was formerly listed as a good article, but was removed from the listing because Lack of refrences
why do people go to the Grand Canyon?
why do people go to the grand canyon?
Archaeological?
This article is in the category of "Archaeological sites of America" or similar - it is not an archaeological site really, more of a geological feature. Archaeology refers specifically to civilisation as far as I am aware. It is certainly fairly widely accepted that archeology refers to historic or ruined or buried cities/artefacts thus specifically something man-made. Unless someone is hiding a very impressive secret, the Grand Canyon is not man-made! I contend that it should be removed from the category(ies) relating to archaeology - that goes for anything else so-listed. Superbfc 21:46, 21 March 2006 (UTC)
* Archaeology takes place in many places at the canyon, both above and below rim. The easiest to see is the Tusayan ruins near Desert View in the southeast corner of the National Park. Another site place that is below rim is in the Unkar Creek area near the Colorado River. The short explanation is: Human history at the canyon goes beyond the (relatively) modern Native Americans tribes, and certainly beyond European settlement, meaning that evidence of the existance of lost settlement is there (I have seen it myself). Solution: If the article does not list or describe such places, I will either add them or remove the cat (should not be in the category if one cannot find anything about it!) I'm going to do some cleanup this week and will take care of it. Notary137 05:48, 9 October 2006 (UTC)
Link Suggestion
This site allows you to travel interactively along trails and roads at the Grand Canyon, using over 7,000 images: http://www.UntraveledRoad.com/Grand-Canyon-National-Park.htm
* Comment This user either owns or is affiliated with this advertising-supported site; note previous spamming campaign. OhNo itsJamie Talk 21:51, 28 September 2006 (UTC)
All of these were freak upsetting accidents, most loved ones were lost
Why go to the grandcanyon? why go to the grand canyon if so many people die from that by freak accidents,just think you could be one of them.
In reading incident reports from the Grand Canyon, there are very few freak accidents. The reason there are deaths in the Grand Canyon is due to the fact that a great number of people enter and many are unprepared for what they find there. I was a mile from the south rim on the Bright Angel Trail at the end of a four-day backpacking trip in December of 2006, when I encountered a man going down. He carried a full-size tripod and Nikon SLR digital camera with a large battery pack. His question to me was, "How much farther?" My response was, "To where? You might want to snap some photos here and return to the top." He carried no food or water. This is common and unfortunate. Lightpacker 03:32, 8 January 2007 (UTC)
POV edit
I removed a sentence from the Activities section that constitutes POV:
* "Park service forecasts are rarely accurate and often inflate adverse conditions as a deterrent to canyon hikers."
This line will likely never be confirmed in print and should not appear in an encyclopedic article. The park service actually posts forecasts from the National Weather Service, Flagstaff Office in various places around the park, even at the Bright Angel Campground at the bottom, making the statement untrue. Notary137 21:36, 14 October 2006 (UTC)
* Correcting external link above to provide website name. Notary137 21:37, 14 October 2006 (UTC)
Creationism has been put back in.
I'd ask someone with more wiki privileges than me to pull the last paragraph under Geography.
removed the following nonsense - Garry
Many people believe that the Grand Canyon was "formed billions of years ago by the Colorado River." This, however, is impossible for the simple reason that water takes the path of least resisitance. If you look at the Canyon from "a side" view, you'll see that the north east rim is LOWER than the south west rim; which means that the water would have been flowing "uphill" for "millions" of years as it "carved" out the Canyon. Utterly impossible! The Canyon was formed about 4,400 years ago after the worldwide flood which is described in Genesis chapters 6 - 9.
* I have added an "in the news" entry about how they are refusing to say how old it is to avoid offending creationists. The beliefs of creationists are written in it, so everybody should be happy. :) DarkSideOfTheSpoon 03:22, 31 December 2006 (UTC)
* I really think we need some more research on the matter of NPS refusing to give out the age of the Earth. A TIME article that came out a few days ago mentioned only the sale of a book promoting creationist viewpoints on sale in park bookshops as well as changes in training procedures but said absolutely nothing about employees being forbidden from disclosing the age of the canyon to visitors. This has also been the case during my several recent visits to the canyon in the past few months. All of the rangers I encountered were not reluctant to state the age of the canyon as several million years and there are still numerous informative signs and brochures that state the age in the millions of years as well. --Nebular110 17:45, 31 December 2006 (UTC)
Removed the "news" bit about tha age of the canyon. Link given was to a blog or whatever. The official policy remains in place (NPS Director's order,see section 8.4.2). The PEER blog casts a quite negative portrayal of Bush admin abuses. It probably deserves discussion somewhere, but I don't think this is the proper place for the controversy. And it certainly isn't a reason for including a creationist link/plug. Vsmith 19:53, 31 December 2006 (UTC)
* That is fair enough. Although it was a press release not a blog, point taken. It'd be cool if somebody could find out somehow. I might try and find an email address for the Park admin people and ask. Cheers. DarkSideOfTheSpoon 02:52, 1 January 2007 (UTC)
* It's just a dumb urban legend made into a politcal attack. See A PEER Review Gone Bad <IP_ADDRESS> 23:12, 19 January 2007 (UTC)
* Also, about the creationist book sold there. Its in the same section with the Native American and other spiritual books which also have their own bogus versions of how it was created. No need to pick on creationist, there are lots of 'alternative' theories. <IP_ADDRESS> 23:14, 19 January 2007 (UTC)
That snipped-out section is especially ironic because it poses a problem for creationism, not science. The actual geological explanation is quite straightforward: tectonic uplift has slowly raised the land as the river continued to cut down through it. But the creationist version requires water to flow uphill. It also requires a "rapid runoff" to create meanders, and many other features within the canyon that require millions of years of erosion to form (and which could not survive the violence of a gigantic flood). --Robert Stevens (talk) 10:17, 26 November 2007 (UTC)
* Have you ever thought of the fact that the tectonic uplift would have been recorded by the Earth somehow? Everything, whether large or small, leaves it's mark. It's just a matter of finding it. Not to mention you probably have no idea whether or not the Flood could have cause that runoff. Science, I hate to say, folds back on itself in this case. I've said my say. <IP_ADDRESS> (talk) 22:38, 4 May 2008 (UTC)
* Yes, uplift, along with subsidence, most certainly are recorded in the rocks. Limestone, as just one example, forms under water and all sorts of marine organisms die in it. Several limestone rock layers are exposed in the Grand Canyon. They must have been uplifted some great distance. Sand dunes form in deserts and fossilized sand dunes (with footprints of lizards!) are found in a rock layer between limestone layers. Not to mention all the evidence for oceans coming, going, coming back again and all the erosional surfaces between them (including valleys, river beds, lakes, lava, shorelines, estuaries - with lots of built-up plant material - and caves with clearly layered cave rock). Below all that are the roots of a mountain range, but the mountains are all gone and have been intruded by blobs of other rock. Buried islands with obviously wave cut sides are found above layers of limestone and under lava and way under those pesky sand dunes with lizard tracks and other layers of limestone. Some layers are roughly horizontal while others, such as the buried islands, are tilted. About a mile of this stuff is all stacked on top of each other in fairly ordered layers that are easy to see; most of which have their own unique set of fossils. Some of these fossils are of freshwater organisms, others saltwater, some brackish water and a few from the good old dry land - again, in between other layers clearly deposited in water. The Bible says that the flood waters rose up and lasted 40 days and 40 nights. No mention of an interlude during that to let the land dry out to form deserts so lizards can leave footprints. Not to mention the other 40 or so drastic changes recorded by the rocks exposed in the Grand Canyon. There does not seem to have been time to form islands, bury them, spew lava on top, tilt them, add limestone, add some estuaries with lots of plants, throw in mud and dry it out to form mud cracks, bring in some beaches, other rocks, carve some valleys, then sand dunes with lizard tracks, then more limestone. Finally, the layers are simply not ordered in a way that would make any sense in context of a single event. --mav (talk) 03:56, 31 August 2009 (UTC)
Panoramas
I just wanted to argue with the removal of the panoramic images. I can think of no place that is more effectively illustrated with panoramic images than the Grand Canyon. There's more to understanding than can be conveyed in text only, and I would argue that the large-scale images are necessary to convey the depth and grandeur of the canyon. jengod 21:45, 5 January 2007 (UTC)
Why was my Link Removed?
I added a chapter on the Grand Canyon page called "South Rim Buildings" and added an external link to www.the-grand-canyon-info.com because that was my main source of information. Shortly after creating it, the link was removed. I had permission to use that information. I'm not sure if I misread the guidelines but I don't recall anything stating that you can't do that if you do have permission.
* You should probably talk to the user who made the change, but see WP:EL including the guidelines to avoid Links to sites that primarily exist to sell products or services; Links to sites with objectionable amounts of advertising (your north rim page, for example, has 10 advertising links at least); and You should avoid linking to a website that you own, maintain or represent, even if the guidelines otherwise imply that it should be linked. If the link is to a relevant and informative site that should otherwise be included, please consider mentioning it on the talk page and let neutral and independent Wikipedia editors decide whether to add it. This is in line with the conflict of interests guidelines. Hope this helps. Cheers Geologyguy 22:25, 7 January 2007 (UTC)
Also - and I'm really just trying to give you friendly advice - when you create new accounts like User:Tstech to re-do something that has been changed per guidelines, you definitely run the risk of being blocked, whether from your account(s) or from your IP <IP_ADDRESS>. It won't be me, I don't have such "powers". But there are undoubtedly dozens watching the page who can and will. Cheers Geologyguy 22:50, 7 January 2007 (UTC)
Running Records
I have a concern about the running records found in the Activities section. First, these records are mostly uncited.
Secondly, all the records were added on two edits, dated 20:39, November 5, 2006 by Hyperphil and 15:16, October 14, 2006 by Phillowry. Both of these users appear to be the same person, namely Phil Lowry who is listed as a record holder. What is to stop anyone from listing themselves and their supposed records in this list?
Along with the issue of being uncited, how can we verify that these are the fastest times? If another runner completed the same route in a faster time but was not a Wikipedia editor, the record would be unlisted.
Finally, even if they were verified, should these articles become a repository for every single record? What even makes these noteworthy? I could see listing a single record, but a long list of records under various circumstances seems to serve no purpose.
These same issues are found in the last few paragraphs of Mount Timpanogos, and to a lesser degree, Mount Whitney (note the inclusion of many of the same names). It seems to be information more relevant to a blog than Wikipedia. All in all, it doesn't seem very encyclopedic. TK421
* My opinion is, be bold. Removing info that has no reliable sources is generally accepted (or at a minimum adding the Fact tag) and if someone can verify this they can always add it back. The question of notability is a different one and hopefully others will express opinions about it. As for me, I agree with TK421. Cheers Geologyguy 17:50, 2 February 2007 (UTC)
* I would agree, that kind of information should not be included in the article without proper references. I think a few of the records themselves would be notable if some kind of official source could be found (that could be tricky). For now, my opinion would be either to remove them outright (maybe leave a message on the talk page of whoever added them and ask if they can provide suitable references), or add template Unreferencedsect to indicate that NOTHING in the section has been verified. --Nebular110 18:17, 2 February 2007 (UTC)
* I removed it for now. Any other opinions about the notability of this information?TK421 18:28, 3 February 2007 (UTC)
* The running and ultrarunning community regards the Grand Canyon as a major destination, and the records are both noteworthy and important to it. While this is arguably a small cross-section of society, the achievements themselves are examples of human performance that redound to the interest of those outside the community. They are, therefore, wikiworthy. As for verifiability, that is impossible in the traditional, or even wikipedia, sense. While some alpinists and hunters can verify their accomplishments with photos, others who participate in activities that lack accreditation and officiating rely exclusively on the honor system. It has been this way for centuries. It is also this way today. The only universally accepted publication that documents these accomplishments is UltraRunning magazine. Publication in UltraRunning, for example, is sufficient to establish the bona fides of any event or accomplishment in the ultrarunning field, and serves as the dispositive verification of predicate qualifiers for premier ultra events like the Western States 100 Endurance Run. UltraRunning also regularly publishes tales of individual accomplishment (such as Dana Millers' quad, or the speed record for climbing all of Colorado's fourteeners). But not everyone who makes such accomplishments publishes them--this is a personal decision. Still, the honor code of ultrarunning still applies to ANY running-related claim--just because it is not in UltraRunning does not mean it is not verifiable. To lie is social death in the small ultrarunning community. And the lack of verifiability does not diminish the record's general significance or interest to the community (see above). While it is unfortunate that such a thing as personal integrity may be perceived be a round peg in wikipedia's square hole, it is what it is. But I do not believe that self-verification and wikipedia are so dissonant. Wikipedia's genesis and raison d'etre is dialectic. If there is a dispute to these records, I invite the world to set it forth. In this regard, wikipedia is the perfect forum to document such records, which would otherwise be lost forever. Summarizing, self-verification is not novel, and in those instances where it is the only viable verification method, wikipedia is the ideal forum for setting forth such claims. (Most of the runners mentioned in the records have dozens of hundred-mile race finishes documented in UltraRunning, which establishes the bona fides of their accomplishments). In TK421's defense, TK421 may not have had the benefit of knowing about the unique verifiability requirements in the ultrarunning world. That does not justify, however, dismissing the data out of hand. In the end, I believe TK421's central concern is that these records do not matter or are not relevant. While the ultrarunning community may be small, we vehemently disagree. I have reverted the page, and other related pages where records have been deleted, with an explanation of self-verification. Hyperphil 17:49, 8 February 2007 (UTC)
* Hyperphil wrote on my talk page: "While you indicate that you would love to see verifiable information, you make it pretty clear in your post that you think these records are silly. We do not. In fact, I discovered the changes by getting an email from a runner in Hawaii who wondered where they had gone. He is planning to challenge one of the records himself, and also wanted to show them to his friends. While I am in the unfortunate position of being one of the record holders, and therefore may be accused of having a conflict of interest, others are also involved whose achievements are very noteworthy."
* In response, let me say that I never thought the records were silly or that they don't matter. Rather, I questioned their place in an encyclopedia article on the Grand Canyon. That's great that a runner in Hawaii was looking for the records online and wanted to beat them. I imagine if he did beat any, he would post his own time. That sounds like an excellent website. Just not an encyclopedia. I still think they are not verifiable and don't belong here. As I said above, it seems to be information more relevant to a blog than Wikipedia. I welcome any other comments. TK421 23:06, 8 February 2007 (UTC)
Removed - out of place and seemingly a self-promotion by one of the editors above. Take it elsewhere - perhaps in an article on endurance runnuing or whatever. Vsmith 00:32, 9 February 2007 (UTC)
* I agree with TK421 and Vsmith. Cheers Geologyguy 00:52, 9 February 2007 (UTC)
* I am forwarding this discussion to the ultrarunning community, including Don Allison, editor of UltraRunning magazine (which, as I have noted, is the only print documentation of ultrarunning accomplishments). Thousands of runners worldwide run the Canyon every year as an endurance test. It is shocking that some would think this merits no encyclopedic mention for either procedural (verifiability) or substantive (running is stupid) reasons. When I am not restoring this information, other ultrarunners will be. Perhaps a wikipedia moderator needs to step in on the issue of what is "verifiable" in solo honor system pursuits in places of great repute.Hyperphil 19:36, 9 February 2007 (UTC)
* "Thousands of runners worldwide run the Canyon every year..." That is exactly part of the problem for me. If so many people run, how are we to know that these records are the fastest times? If another runner completed the same route in a faster time and simply didn't log on to record it, it wouldn't be in the article. Wikipedia is an encyclopedia and does need verifiability! Secondly, nobody has yet said that running is stupid. Being defensive is not helping things. This looks close to degenerating into an edit war. TK421 19:47, 9 February 2007 (UTC)
* " . . . how are we to know that these records are the fastest times?" This is precisely my point. It is Italic textbecauseItalic text of wikipedia that these records are emerging and are now susceptible to documentation and, if necessary, challenge (not necessarily by deletion). Research for wikipedia is not done by academics--it is done by dialectic, usually by one source trumping another (case in point--I made major revisions to the Timpanogos entry, sometimes deleting Forest Service published information, because I had collected contrary objective data or made contrary repeated observations. This is because I have spent more time on the mountain than anyone alive, both in an official and recreational capacity. I am a source unto myself. Do I have to print that somewhere for my representations to be verifiable?) In ultrarunning there is an honor system of verifiability, but that is the only difference. As for a faster runner not logging in, the nature of the sport requires self-publication. Otherwise, the performance perishes into obscurity. Jim Nelson's quad record was not published by him, but others knew of it. How do we know he was not fabricating it? He has won some of the absolute hardest races in the world. He has no incentive to lie, and his GC time comports with other witnessed performances. It is likely that this entire discussion will be the subject of an UltraRunning article in the near future, since it forces into the light the honor system nature of our sport in contrast to the standards dominating the rest of the sporting world. Perhaps that will be a new wikipedia article. As for an edit war, the word is spreading that some object to running data being in the article. The advent of wikipedia has enriched and enlivened the ultrarunning community as a repository of such information. There may be substantial resistance to it being eliminated. Since the underpinning of the controversy seems to be philosophical (what is "verifiability"), perhaps this does merit a separate wikipedia article, and perhaps an article on trail running where these records can be placed, with appropriate links from the geographical location where the records occurred. Would that be a reasonable compromise?<IP_ADDRESS> 04:13, 10 February 2007 (UTC)
* My two cents worth - all this is at best marginally notable in the context of the main article on the Grand Canyon. In the context of "Ultrarunning," it may be notable indeed. But the more important issue is indeed verifiability which is not really a philosophical question but a Wikipedia Policy - among other things, "If an article topic has no reliable, third-party sources, Wikipedia should not have an article on it." You say, "I am a source unto myself." Even if you DID "print that somewhere" it would still be a personal statement, and unverifiable to the standard Wikipedia requires. In addition, you are writing about yourself - see WP:COI, specifically avoid editing articles related to you. Including a specific e-mail address in the article itself is amazing, and flags the entire entry as self-serving - most promoters just add the links to the external links section, where they get deleted too. And irrespective of how correct it may be, "I had collected contrary objective data" says you are reporting Original Research - disallowed in Wikipedia for a Nobel Prize winner, if the work is not published in reliable (in that case, peer-reviewed or news reported) sources other than the creator of that original research himself or herself. A separate article on ultrarunning would, probably, stand on its own merits - but there, too, if you write about yourself and rely on your own research or your own hearsay statements, even if absolutely true, they will likely be deleted there as well. Cheers Geologyguy 04:51, 10 February 2007 (UTC)
Removed again. User:Hyperphil is in violation of self-promotion as he has admitted on TK421's talk page. Therefor any reposting by him will be quickly removed. We are not in the business of promoting our own exploits. Geologyguy has summed up the relevant policies above. Also, it is not acceptable to invite mass editing by one's running colleagues as Hyperphil has mentioned above. I have also removed the hype from the Mount Timpanogos page. Vsmith 16:05, 10 February 2007 (UTC)
Log Cabins
The article says "Grand Canyon Depot was built in 1909 and contains 2 levels. It is only 1 of 3 log cabins currently standing in the United States and 1 of 14 ever built in the country." This needs fixing, as I somehow seem to remember that there may be more than a total of 3 log cabins standing in the US, or that there may have been more than 14 total log cabins built in the US. Anybody know what's going on here? Paulburnett 22:07, 26 February 2007 (UTC)
It is one of only three remaining log built DEPOTS in the U.S., not log cabins. Therein lies the error. Zencowboy27 (talk) 17:53, 30 May 2009 (UTC)
Save the grand canyon!
The Indians have sold the grand canyon to delveoper to build on
Needs to be vastly improved.
Title says it all really...
* Indeed - It's on my ToDo list. I've already created the FA Geology of the Grand Canyon area and History of the Grand Canyon area but stopped there; not knowing how to deal with the Grand Canyon/Grand Canyon National Park separation. I've since come to the conclusion, that since the park does not cover the entire canyon, that I'll concentrate on the canyon article and hope others will agree to merge the park article and infotable here and redirect that page here as well. --mav 21:09, 5 September 2007 (UTC)
* Expansion started. Boy is this going to be a lot of work. --mav (talk) 01:23, 16 March 2009 (UTC)
Merge Lipan Point
Lipan point is not notable by itself and the article will have trouble growing beyond a stub. Suggest the information be included in the Grand Canyon article. Nv8200p talk 00:26, 30 June 2007 (UTC)
* Support. Cheers Geologyguy 01:45, 30 June 2007 (UTC)
Missing Archeological Expeditions ...
I have seen information from numerous sources regarding the Phoenix Gazette or The Arizona Gazette of April 5th, 1909 … about an archeological expedition and interesting findings … but absolutely nothing is mentioned in either the main Grand Canyon page of the History of the Grand Canyon Area. Why is that? Should for non-POV goals we not display all information (regardless of opinion) on the subject matter? Nonprof. Frinkus 18:27, 15 July 2007 (UTC)
* We are under no obligation to give equal (or, even, any) weight to fringe views in the interest of "completeness" - see the "undue weight" section of WP:NPOV. Inasmuch as the Egyptian tombs and such alleged in the 1909 article do not exist, what is the point of including them, or even references to the likely hoax of 1909, here? Cheers Geologyguy 18:43, 15 July 2007 (UTC)
* Wow, that was a hoax? Interesting. In the future … it might be good to lay pranks and mysteries to rest somewhere within the scope of this ever growing encyclopædia.
* I don't know that it was a hoax, but reading the 1909 report, and knowing that nothing like that was ever reliably recorded, I suspect it likely. Cheers Geologyguy 20:18, 15 July 2007 (UTC)
is the Grand Canyon one of the seventh natural wonder(<IP_ADDRESS> (talk) 00:08, 6 January 2008 (UTC))
Billions of years ago?
Why does it say the grand canyon was formed billions of years ago, as if it's a fact? It should mention that it's purely theory. People will look at this and automatically assume it's a fact. --<IP_ADDRESS> (talk) 01:51, 11 January 2008 (UTC)
* It is a fact that the rocks in the canyon date to nearly 2 billion years ago. The article does not say that the canyon formed billions of years ago, but it is also a fact that the canyon itself formed over the past 5 or 6 million years. Not theory. Cheers --Geologyguy (talk) 03:03, 11 January 2008 (UTC)
* Oh really? A fact? I don't mean to start a religion/science debate, but please explain to me how they are billions of years old. --<IP_ADDRESS> (talk) 20:51, 11 January 2008 (UTC)
* That matter has already been discussed a while ago and this is not the place to learn geology: this page is only to discuss about Wikipedia's entry on the Grand Canyon. If you are interested, you may wish to read about the geology of the Grand Canyon area. Thank you for being constructive. --Sophos II (talk) 23:23, 11 January 2008 (UTC)
Footnote 1 refers to a New York Times article. I recommend using something more authoritative, namely, the article in Science that the article refers to. Thanks. JKW (talk) 22:36, 7 March 2008 (UTC)
The way this is written makes it look like they were there to watch it happen "billions of years ago". There is no way to prove if it formed billions of years ago. —Preceding unsigned comment added by <IP_ADDRESS> (talk) 14:59, 22 January 2009 (UTC)
* There's no way to "prove" that the world existed five minutes ago, or if we popped into existence and our memories were implanted four minutes ago. But we do our best. All facts are based on observable evidence. And the overwhelming mountain of observable evidence is that the grand canyon exposes two billion years of geological history. If you have a different theory, then of course it can be included in the article, provided the theory has been published in a reputable scientific journal (since the age of the grand canyon is a question of science) and a reference can be cited. Nairebis (talk) 16:56, 22 January 2009 (UTC)
news about release of water into grand canyon?
hey ppl where do i find info about this?? —Preceding unsigned comment added by <IP_ADDRESS> (talk) 01:58, 6 March 2008 (UTC)
How did the Grand Canyon get its name?
The Colorado River was once named the Grand River and later renamed. Was the Grand Canyon named "Grand" because that was the name of the river flowing through it when it was named? <IP_ADDRESS> (talk) 15:33, 6 March 2008 (UTC)
* The Grand River was the section in Colorado above Grand Junction - where the "Grand" and the Gunnison came together. So no, the canyon's name had nothing to do with that upper reach. Cheers Geologyguy (talk) 15:49, 6 March 2008 (UTC)
Grand Canyon Evolution
The introduction states: "The longstanding scientific consensus has been that the canyon was created by the Colorado River over a period of six million years, but research released in 2008 suggests a much longer 17 million year[1] time span." It does not mention the names of the scientists who discovered this: Victor Polyak, Carol Hill, and Yemane Asmerom. I'll try to improve this. Discrepancy (talk) 18:31, 23 March 2008 (UTC)
* Don't see that individual researcher names are significant for the lead section, therefor removed. Vsmith (talk) 18:45, 23 March 2008 (UTC)
Ok, what is a good place for them? Maybe the reference section? Discrepancy (talk) 18:48, 23 March 2008 (UTC)
* When the full ref to the Science article is added the authors/researchers should be included in the reference. As it is now, the NYT article seems a bit lacking in crediting them. I don't have access to Science to reference the article properly - someone with access should add it. Vsmith (talk) 18:59, 23 March 2008 (UTC)
Here is the reference: Victor Polyak, Carol Hill, Yemane Asmerom, Science, Vol 319, 7 March 2008, pages 1377-1380. Discrepancy (talk) 19:05, 23 March 2008 (UTC)
Grand Canyon
Can anyone please tell us where all the soil/erosion matter from the canyon went, as the colorado river wound its way through over those millions of years?? Thanks <IP_ADDRESS> (talk) 20:07, 11 May 2008 (UTC)
* Yeah! I want to know too! --Tribble 1771561 (talk) 14:26, 23 May 2008 (UTC)
Are you serious? I'm not a geologist, but i'm going to go with "the river carried it downstream."<IP_ADDRESS> (talk) 20:15, 1 April 2009 (UTC)
IS IT THE LARGEST?
Is it the largest gorge in the world? it doesn't say. i don't think it says whether or not it is not the largest, but if somebody knows for certain, can it be put in the introductory section? anyone?
Wide Image Under Geography
I find the wide image under the Geogrpahy header to be, well, rather too wide. It's a stunning picture, but it does make the top of the page a bit messy. I'd prefer to see it right justified, 300px or so. Any thoughts? Pedro : Chat 08:56, 8 August 2008 (UTC)
* I agree. --mav (talk) 02:04, 26 September 2008 (UTC)
yes it is the largest —Preceding unsigned comment added by <IP_ADDRESS> (talk) 18:58, 8 October 2008 (UTC)
"and parts of Nevada"
Will anyone care to explain why "[…]and parts of Nevada […]"is stroked out in the lead? It is very un-encyclopedic. If it is not in Nevada, just remove the mention. Adding and crossing out doesn't make sense. – Ambuj Saxena (talk) 18:47, 24 August 2008 (UTC)
did erosion form the grand canyon
did erosion form the grand canyon as some peopole say
Grand Canyon
GRAND CANYON
Hi to everybody !
The grand canyon is amazing!
Its in north america.Which is the contenent.
U.S.A is the country.
Lastly the state is Arazona.
Abandoned uranium mine on the South Rim at Grand Canyon National Park
The Orphan Mine, which produced uranium during 1956-1969 for America's Cold War nuclear weapons program, is situated on and below the South Rim at Grand Canyon National Park. Abandoned in 1969, the site is contaminated with hazardous materials, some of which are radioactive. Now the site must be cleaned up, and it’s a time-consuming, complicated process.
Recently, an NPS News Daily Headlines announcement originating at Grand Canyon National Park got me thinking about the past, present, and future impacts of uranium mines in and near our national parks. [] —Preceding unsigned comment added by Manic mechanic (talk • contribs) 13:30, 15 October 2008 (UTC)
Home video: a flight over the Grand Canyon
Hello, can anyone tell me, if there is a category like article with video? Perhaps You can help me.--R. Engelhardt (talk) 10:23, 21 October 2008 (UTC)
iv been here
hey i was here in 2007 and man! it was awesome!!-Boba fett 32 (talk) 17:44, 3 November 2008 (UTC)
1. Is this uniformitarianism or catastrophism? Why?
Uniformitarianism, because of the river carved the canyon and the sure did not happen suddenly. It took the river over a six million year time period to carve. The Grand Canyon is located in the Grand Canyon national park, Arizona. It supposable started six million years ago, being carved by the Colorado River. Erosion from the river started and the on one side a canyon formed and on the other side and soon enough the rive broke through and started chomping away at the walls to make the Grand Canyon.
Colorado River Made Grand Canyon?
The Colorado River enter's the Grand Canyon at an elevation of 2800 feet. It leaves the Grand Canyon at an elevation of 1800 feet. In the middle of the canyon, the ground rises up to an elevation of 6900-8500 feet. Did you notice that the top of the canyon is higher than where the river enters it. Did you know that rivers cannot go up a hill/slope then down it and erode a canyon into it? Grand Canyon was not formed by the Colorado River. There was a body of water and what is now the Grand Canyon was a dam. The water started to spill over at a certain spot, and it washed out an area. The Grand Canyon was not formed by the Colorado River.
Rikyenns4 (talk) 21:48, 10 February 2009 (UTC)
* Dude, Plate tectonics. The ground was rising for thousands of years while the river stayed the same and just had to steadily cut as the ground came up. It's no magic. Disappointed? --Dschwen 22:11, 10 February 2009 (UTC)
* Okay then just so you know it has to have done that in less than 4000 years Rikyenns4 (talk) 20:47, 17 February 2009 (UTC)
* No it doesn't. The earth is over four billion years old. Besides, this conversation is irrelevant to this page, this page is for suggesting improvements to the article, and no Young Earth creationist ideas are in any way close to being acceptable for this article. Aunt Entropy (talk) 01:58, 18 February 2009 (UTC)
* Okay. Where is some proof for the Earth being over four billion years old? —Preceding unsigned comment added by Rikyenns4 (talk • contribs) 23:40, 18 February 2009 (UTC)
* As someone else pointed out, this is not the place to learn about geology. The place to start reading about the mountain of evidence for the age of the Earth would be the article on the Age of the Earth. But let me just say this. At one time, the church insisted -- based on Biblical evidence -- that the Sun revolved around the Earth. They presumed to know the mind of God. They were wrong, and only accepted reality in the face of overwhelming evidence. You are being misled again by EXACTLY the same misguided notions, and by the same arrogant presumption. The age of the Earth, evolution, the Grand Canyon, and other subjects actually have MORE evidence for them than existed when the church finally accepted the sun-centered solar system. You honor God when you honestly study his work, and mock him when you blindly cling to clearly -- physically impossible! -- wrong notions. Nairebis (talk) 03:59, 19 February 2009 (UTC)
Problem with reference 1
Hi, I was reading this page today, and noticed that the first reference looked a little strange. When I tried to look up the book, I found out why - the authors are Kiver & Harris. It seems that a superfluous "la la la" was added to the middle of the first author's name. Perhaps it would be an idea for someone able to edit the page to do so. Aasimar (talk) 09:30, 28 March 2009 (UTC)
* Fixed, thanks for pointing it out. Mikenorton (talk) 11:28, 28 March 2009 (UTC)
Log flume ride article?
I did not see anything concerning the new log flume ride they've added. —Preceding unsigned comment added by <IP_ADDRESS> (talk) 03:33, 25 May 2009 (UTC)
Cleanup images
I did a general image cleanup: deleted image-size hardcodes per WP:MOS, retired some dull and/or irrelevant images, added some historical, wildlife, environmental and lower Canyon photos.
Also cleaned out a bunch of vandalism, dumb jokes and general crapola from this page. Cheers, Pete Tillman (talk) 04:35, 27 May 2009 (UTC)
grand canyon
the grand canyon is not the largest or deepest canyon in the world. —Preceding unsigned comment added by <IP_ADDRESS> (talk) 20:08, 8 October 2009 (UTC)
* And? Foamking (talk) 06:13, 19 December 2009 (UTC)
age of the canyon, again
I removed some language that refers to a specific formation theory. There are many theories as to how the canyon was formed (headward erosion, lake overflowing, stream capture, etc) and when (6 - 80 MYA). There has been some very good recent evidence, but there still isn't a consensus as to the when and how the Colorado first established it's course. The subject is very complex and not really appropriate for the top of the article. Drenaline Talk 17:39, 16 November 2009 (UTC)
Color of Rocks
Why does Grand Canyon seem so red? What's "the thing" with that soil? --<IP_ADDRESS> (talk) 23:28, 9 June 2009 (UTC)
* I suggest that Reference desk/Science would be a good place to ask your question. I am afraid I do not know the answer. -- Mattinbgn\talk 00:17, 10 June 2009 (UTC)
* It is caused by the redwall limestone layer (which is not naturally red) being stained red by iron oxide which leeches out of the layers above it which contain a fair amount of hematite. The layers containing the hematite are also red, but they are much smaller compared to the underlying layer. I can provide references if you need them. I hope this was helpful in answering your question. Wperdue (talk) 00:25, 10 June 2009 (UTC)wperdue
* Thank you so much! More than references I'd love to see some illustration. --<IP_ADDRESS> (talk) 11:09, 10 June 2009 (UTC)
Fatalities in the Canyon
I own Over The Edge - Death in the Canyon, and oddly enough, I think it is appropriate to include deaths/mishaps as a subject under the topic. Nothing terribly long, and possibly with a link to desert survival topics in general (or hiking?) as there have been avoidable deaths in the canyon. Anyone think I am totally out of line? Backcountry trekking just doesnt cover the gamut of scenarios encountered in the elevation and temp changes, not to mention (although I will) sheer stupidity. Foamking (talk) 06:12, 19 December 2009 (UTC)
No Train ride into the Canyon
This paragraph is not valid:
"The Coconino Canyon Train is another option for those seeking to take in a more leisurely view of the canyon. It is a 90-minute ride that originates in Grand Canyon National Park at the old Grand Canyon Depot and travels 24 miles (39 km) through the canyon landscapes. The train is made up of 1923 Pullman cars and runs on tracks built in the 1800s.[38]"
The train does not travel through Canyon landscapes. It goes from Williams AZ to the Canyon over the flat (and relatively boring) plateau. You will have to get off the train and climb up to the South Rim before you will see the Canyon. —Preceding unsigned comment added by <IP_ADDRESS> (talk) 22:49, 29 July 2010 (UTC)
Infobox image
As far as I know, there's no Apollo Throne at the Grand Canyon. There's Wotan's Throne, which is what this appears to be, and there's also Apollo's Temple. I'm not changing it because I don't know the Canyon well enough. Awien (talk) 19:51, 4 July 2010 (UTC)
Can anyone help clarify? Awien (talk) 21:25, 15 July 2010 (UTC)
* New pic - no issue any more. Awien (talk) 23:39, 29 July 2010 (UTC)
Split or Merge?
See the discussion on the Talk:Grand Canyon National Park--Chris Light (talk) 18:05, 14 February 2011 (UTC)
nob?
"The Grand Canyon is a huge rift FILLED with noobS NAMED eHI in the Colorado Plateau that exposes uplifted Proterozoic and Paleozoic strata, and is also one of the 19 distinct physiographic sections of the Colorado Plateau province" — Preceding unsigned comment added by <IP_ADDRESS> (talk) 16:09, 5 September 2011 (UTC)
* Cluebot fixed that within a minute of the edit. Are you still seeing it? Mikenorton (talk) 16:57, 5 September 2011 (UTC)
Challenge to reference
(Capertee Valley in Australia is about 0.6 mi/1 km wider and longer than Grand Canyon). This assertion is not supported by the sources provided in the linked wikipedia article, not to mention the Capertee Valley is not listed as a canyon. Plus, it is barely 1/3 Grand Canyon's depth. I don't think the reference is relevant to this article, considering the great number of other very large canyons. I certainly agree, though, that other canyons should be listed in comparison. The problem that arises, however, is how to measure them. It's complicated. Zencowboy27 (talk) 04:33, 11 January 2012 (UTC)
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Why People Think Products Are A Good Idea
The Advantages of having a Backup Generator.
Blackouts tend to catch us in times that we list expect it to be vulnerable. Most black outs will be caused by some hitches in the lines or it could be a case of extreme weather at times. Generators are good to have with because they help you during those times. Some locations are prone to having blackouts from time to time and therefore making it necessary to have a standby generator at all times. A generator works by converting mechanical energy into electrical energy .
The power from a generator will be no different from the normal power you receive in from the main power grid. A generator works by kicking in the power automatically the power from the grid goes out and that way you will only experience a blink and you are back on. A transfer switch helps the generator turn off utility power. A transfer switch is very important as when power returns and combines with the generator power there will be a case of power surge. There are devices such as the fridge that will need to stay powered through the day and night, in case of a blackout , you needn’t worry about that because the generator will be enough to sustain it all.
However it’s important to ensure that the generator is used for the necessities because overloading it is also not ideal. The generator will have a rating, ensure that you keep the a rating balanced to the amount of power that you are taking out of it. The generator gives something more valuable than having your devices running. Safety is the paramount benefit of generators as your family can navigate around the house safely. Buying generators is not just picking one and leaving the shop, you need to ensure that the one you buy will fit your needs perfectly. The generator that you buy needs to fit the description , it should be reliable and deliver all that the manufacturer has promised . Performance needs to be second to none when you are buying a generator as ceasing on the job is very disappointing. Buy the generator that uses a fuel that you have no issues. The more portable a generator is the better because you never know when you might need to move. You may not know how much power your power needs but just to be safe purchase one that will give around eight thousand watts comfortably. Larger institutions will need very large generators that give very high amounts of power.
What Has Changed Recently With Electrical?
Finding Ways To Keep Up With Electrical
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File talk:Frederick IX of Denmark.jpg
Notice to Wiki Pedia FRAUD HOAX publicity and disinformation: This person is Doctor Ciriaco Garcia Roxas MD PHD 1874 TO JANUARY 1972/State Name Frederick IX of Third House of Bonaparte. The Successor of the Duke of Reichtadth,or The Duke of Montpesier. This person is Napoleon Banaparte Great grand son AND NOT KING CHRISTIAN IX SR. SON! HIS REMAINS IS NOW RESTED IN MANILA NORTH CEMETERY ROXAS MUSEULEUM MANILA PHILIPPINES.THIS PERSON IS ALSO QUEEN MARIE LOUISE DE BOHEMIA SECOND WIFE OF NAPOLEON BONAPARTE GRAND SON BY STATUTE OFFICIAL RECORD THE TREATY OF PEACE OF PARIS 1898/1904.
Signed in Affirmation of Truth by Legal Manifestation Official facebook community page: http://www.facebook.com/iqueenroi
CONTACT THE OWNER OF THIS CROWN COPYRIGHT Land Private Phone 00 63 62 9250986
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Creative Common Order of Statutory International Crown Copyright http://creativecommons.org/licenses/by/2.5/ United States of America - European Union - OSI 2.5 Generic Related Right of Margrethe Valdemarsdatter jr<EMAIL_ADDRESS>Official email registered GNU © icrowndk
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Bhojakor
Bhojakor is a village Panchayat in Lohawat tehsil of Jodhpur district in Rajasthan state of India. It has a Government Secondary School. It is 6 km from Peelwa and 35 km from Phalodi, 28 km from Lohawat and 125 km from Jodhpur.
It has desert and sand dunes. Water sources include the ponds known as Rohlai Nadi, Jaitar Nadi and Indolai Nadi. There are government tube wells for drinking water which is supplied through taps to some houses. It has one morning bus to Jodhpur and the same returns from Jodhpur in the evening. Also other 3-4 buses to Phalodi (Gramin Parivahan Seva RSRTC ) and Lohawat pass through and stop here. Dechu also plenty of Buses passes thru here. It has Good Road network by PMGSY still more Roads are required for full connectivity of interior areas.
There are several Govt. Schools such as Govt. Senior Secondary School, Bhojakor, Govt. Upper Primary School, Bhojakor Kuaa, Govt. School, Ramdev Nagar. and one non-govt. school which is Shri Adarsh Secondary School, Bhojakor.
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капка
Etymology
..
Noun
* 1) a drop of liquid
* 2) a mark or stain left by such a drop on some surface
* 3) a small amount of liquid
* 4) (with abstract nouns) a minimal amount of something, e.g. pity, mercy, shame
* 5) medicine administered as drops
* 1) (with abstract nouns) a minimal amount of something, e.g. pity, mercy, shame
* 2) medicine administered as drops
* 1) medicine administered as drops
* 1) medicine administered as drops
Etymology
. Cognate with 🇨🇬 and 🇨🇬.
Noun
* 1) drop
Etymology
.
Noun
* 1) droplet, drop
Etymology
From Old Turkic, compare 🇨🇬.
Noun
* 1) gate
Etymology
Probably from. Cognate with 🇨🇬. Also compare 🇨🇬; the similarity may reflect an onomatopoeic origin of both stems. Compare 🇨🇬, 🇨🇬 (borrowed from Turkic), 🇨🇬, and 🇨🇬.
Noun
* 1) trap (device designed to catch animals)
Related terms
* v. trap, fall into a trap
Etymology
Borrowed from a language, from. Compare 🇨🇬 and 🇨🇬.
Noun
* 1) gate, small door in a fence
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-- New Yorker Writer Quits After Faking Bob Dylan Quotes, WSJ Says
U.S. author Jonah Lehrer resigned as
a staff reporter at New Yorker magazine after saying he faked
quotes from singer Bob Dylan in his latest nonfiction book, the
Wall Street Journal reported, citing a statement from Lehrer. Lehrer said he lied to journalist Michael Moynihan after
being questioned on the authenticity of the quotes three weeks
ago, according to the newspaper. His book “Imagine: How Creativity Works” is being pulled
from retailers Barnes & Noble Inc. (BKS) and Amazon.com Inc. after
Dylan’s management said it had no record of any contact with
Lehrer, the Journal reported. Click here for web link To contact the reporter on this story:
Sofia Horta e Costa in London at
shortaecosta@bloomberg.net To contact the editor responsible for this story:
Douglas Lytle at
dlytle@bloomberg.net
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Conditions and Instructions for Use of Aluminium Alloy Additives - Jinzhou Sata Fused Fluxes and New Materials Factory.
Jinzhou Sata Fused Fluxes and New Materials Factory.
Conditions and Instructions for Use of Aluminium Alloy Additives
Resources
In order to improve the various properties of aluminium, various alloying elements need to be added to make alloys of different grades. At present, China basically uses alloys or pure metals to join. Some aluminium processing plants have used aluminium alloy additives instead of master alloys. It can be seen from the effect that aluminium alloy additives not only have all the advantages of master alloys, but also overcome some of the disadvantages of master alloys. Therefore, aluminium alloy additives are becoming more and more widely used.
1. Advantages of aluminium alloy additives
Aluminum and aluminium alloy additives are far superior to master alloys due to their good adding mechanism, convenient use method, stable element yield and economical production methods.
To avoid excessively high smelting temperature, resulting in a reduction in the life of the smelting furnace; increase the burning loss of aluminum and alloy elements, and reduce the smelting productivity, and worsen working conditions.
What is more serious is that the composition of the master alloy is not uniform, which brings a series of difficulties to the control of the alloy element content in the future. For most civilian aluminum alloys, it is an ideal material to replace master alloys.
2. Instructions for use of aluminium and aluminium alloy additives
Aluminium and aluminium alloy additives can be added directly to the melting furnace or the holding furnace, but they must be added before refining. In order to achieve the desired absorption rate of alloying elements, other matching conditions are required. The specific description is as follows: Due to the pure metal addition mechanism, the absorption rate of alloying elements always increases with the increase of temperature.
Field experience has proved that aluminum and aluminium alloy additives are more sensitive to temperature, especially manganese additives. The temperature of the molten aluminum should be controlled at 740±10℃ and the additives should be added, otherwise the metal absorption time will be prolonged.
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No. 66,097
In the Matter of the Appeal of Federal Deposit Insurance Corporation from an Order of the Director of Taxation on Assessment of Privilege Tax for Farmers and Merchants State Bank of Rush County, Kansas.
(822 P.2d 627)
Opinion filed December 6, 1991.
W. Dennis Cross, of Morrison & Hecker, of Kansas City, Missouri, argued the cause, and Ben W. Hobert, of the same firm, and George F. Crawford, of the same firm, of Overland Park, were with him on the briefs for appellant FDIC.
David Prager, 111, of Legal Services Bureau, argued the cause, and Mark A. Burghart, general counsel, was with him on the brief for appellee Kansas Department of Revenue.
The opinion of the court was delivered by
Allegrucci, J.:
This is an appeal by the Federal Deposit Insurance Corporation (FDIC) from an order of the Board of Tax Appeals (BOTA) affirming the decision of the Director of Taxation (Director) of the Kansas Department of Revenue (Department) denying FDIC’s claim for a refund of privilege taxes based upon a redetermination of the Farmers and Merchants State Bank’s (Bank) taxable income for the years 1975 through 1984 by carrying back its 1985 net operating loss (NOL). The Department denied the refund because FDIC’s appointment as receiver for the Bank terminated the Bank’s obligation to file a privilege tax return in 1986. This case was transferred from the Court of Appeals pursuant to K.S.A. 20-3017.
The issue raised in this appeal is whether the Kansas privilege tax statutes, K.S.A. 79-1106 et seq. (Ensley 1984), allow a loss that was incurred the year the Bank ceased operation to be carried back and taken into account in determining the taxable income of prior years.
The facts were stipulated to by the parties. The Bank was organized and chartered under the laws of Kansas in 1898. It operated as a commercial bank until November 21, 1985, when the banking commission appointed FDIC as the Bank’s receiver. From 1975 through 1984, the Bank reported taxable income, which was the basis for its payment of privilege taxes in an aggregate amount of $204,203. Each year, the privilege tax is based on the taxable income of the previous year in conformity with federal taxable income adjusted in accordance with the provisions of K.S.A. 79-1109 (Ensley 1984).
In 1985, the Bank had a NOL in the amount of $5,015,524, incurring $4,284,151 prior to FDIC’s appointment as receiver on November 21, 1985, and while the Bank continued to conduct full-scale commercial banking operations. All losses arose from Kansas activity. After the receiver was appointed, the Bank and its receiver could not receive deposits, K.S.A. 9-2010 and K.S.A. 17-6106(a), or do business, K.S.A. 9-702. FDIC conducted only liquidation activities, maintaining an office at the Bank’s former location in LaCrosse, Kansas, until August 15, 1986, when the office was moved to Wichita. FDIC did not receive any deposits or make new loans.
Under federal income tax law, FDIC was entitled to carry back the loss incurred by the Bank in 1985 to the years 1975 through 1984 by redetermining its taxable income for those years in obtaining a refund of income taxes paid. I.R.C. § 172(b)(1)(F) (1984). The Internal Revenue Service (IRS) paid those refunds to FDIC, which deposited them in the Bank’s receivership account. After the IRS’s redetermination of the Bank’s taxable income for 1975 through 1984, FDIC, as receiver for the Bank, made a timely claim for refund of the Kansas privilege taxes.
On other occasions, the Department has recognized the right of banks and other taxpayers to redetermine taxable income for privilege tax purposes based on carryback of NOL in conformity with federal income tax laws. In a similar case, the Department in 1981 refunded privilege taxes to FDIC as receiver for Mission State Bank, based on a carryback of losses sustained by operations in the year FDIC was appointed as receiver. But here, the Department denied FDIC’s privilege tax refund, holding:
“Taxpayer ceased its business operation on November 21, 1985,- and hence did not exercise the privilege of doing business in 1986 for which the subject tax is levied. State law effectively prevented the Taxpayer from conducting its business activities after November 21, 1985 (See K.S.A. 9-2010, 17-6106[a], and 9-702).”
The Department denied FDIC’s privilege tax refund because no privilege tax return was required for any year that began after the appointment of the receiver, and therefore the loss sustained by the Bank in 1985 could not be carried' back to redetermine its privilege tax liability for earlier years. The Director and BOTA upheld this decision.
FDIC argues that Kansas statutes entitle it to distribute the enormous financial loss the Bank experienced in 1985 by deducting its 1985 NOL through redetermination of income on the tax returns for the years 1975 through 1984. As support, FDIC notes that K.S.A. 79-1107 (Ensley 1984) required the Bank to “pay to the state for the privilege of doing business within the state a tax according to or measured by its net income for the next preceding calendar . . . year to be computed as provided in this act.” In K.S.A. 79-1109 (Ensley 1984), the term “net income” is defined as “the Kansas taxable income of corporations as defined in K.S.A. 79-32,138” with additions and subtractions as listed in that section. K.S.A. 79-32,138(a) (Ensley 1984) states: “Kansas taxable income of a corporation taxable under this act shall be the corporation’s federal taxable income for the taxable year with the modifications specified in this section.” This section then lists certain items that must be added or subtracted to the federal taxable income to determine the Kansas taxable income.
During the years at issue here, K.S.A. 79-32,143(a) (Ensley 1984) allowed a NOL deduction in the same manner as the Internal Revenue Code, and provided as follows:
“A net operating loss deduction shall be allowed in the same manner that it is allowed under the internal revenue code except as otherwise provided in this section. The amount of the net operating loss that may be carried forward and carried back for Kansas income tax purposes shall be that portion of the federal net operating loss allocated to Kansas under this act in the taxable year that the net operating loss is sustained.”
Therefore, FDIC argues that the Bank’s net income for privilege tax purposes is equal to its federal taxable income.
FDIC points out that in calculating taxable income, I.R.C. § 172 explicitly allows a taxpayer to carry back a loss incurred in one year to offset income earned in another year. For the years applicable in this case, I.R.C. § 172(b)(1)(F) allowed the Bank to carry back a NOL to each of the 10 years preceding the year of the loss. FDIC, as receiver, applied for and received a refund of federal taxes paid for the years 1975 through 1984 based on carrying back to these years the Bank’s 1985 NOL.
Because the Kansas statutes require use of federal income tax law, including determination of taxable income, subject to specific adjustments not relevant here, and because the Bank paid privilege taxes based upon its net income from the years 1975 through 1984, FDIC argues that this income should be redetermined to conform with federal law. Redetermination of net income by including the 1985 NOL indicates a refund, which FDIC argues should be allowed.
FDIC points out that the purpose behind allowing averaging of income over time is a basic principle of tax law needed to establish an equitable measure of real income of the taxpayer. The taxable year used by taxpayers to calculate income is an arbitrary time frame. Although necessary, the annual calculation does not adequately reflect fluctuating gains and losses a taxpayer might experience over a period of time. As the Oregon Supreme Court noted in Christian v. Dept. of Rev., 269 Or. 469, 471, 526 P.2d 538 (1974):
“The purpose of the carryforward and carryback aspect of the net operating loss deduction is to overcome the rigidity inherent in the concept of an annual tax. [Citation omitted.] Without such a deduction the taxpayer who suffered a loss in one year and a gain in another would pay more tax than his true overall income would warrant.”
The Department responds to these arguments by admitting that the language of 79-32,143(a) incorporates the federal statute regarding NOL into Kansas law, citing Cordes, The Kansas Conformity Income Tax Act: Part II, 17 Kan. L. Rev. 289, 310 (1969). Yet the Department argues that this does not mean Kansas uses the amount of the federal NOL but, instead, employs an entirely separate computation. Specifically, the Department points out that K.S.A. 79-32,117(b)(iii) (Ensley 1984) “adds back the federal NOL” and that 79-32,143 “requires a separate, state computation.” The Department concludes that the Kansas statute uses the federal procedure but not the actual federal loss amount. The Department also points to a recent decision by the Director concluding that source losses of two Kansas City Power and Light subsidiaries in Wyoming could not be allowed as a Kansas deduction. The Department cites this decision, which of course is not binding on this court, to establish that Kansas privilege and income taxes do not use the amount of the federal NOL but, instead, require an independent determination of the state deduction.
The problem with the Department’s argument is that the amount of the NOL was not before the Board and is not an issue in this appeal. FDIC does not dispute that Kansas statutes require a number of exclusions and adjustments not found in federal law. Kansas taxable income of a corporation is the corporation’s federal taxable income with specified modifications. K.S.A. 79-32,138(a) (Ensley 1984). The Department does not argue that any of these modifications apply here. A NOL deduction “shall be allowed in the same manner that it is allowed under the internal revenue code except as otherwise provided in this section.” K.S.A. 79-32,143(a) (Ensley 1984). Under 79-32,143(b), the amount of the loss to be carried back is defined as “the federal net operating loss after (1) all modifications required under this act applicable to the net loss in the year the loss was incurred; and (2) after apportionment as to source.” Subsection (b) addresses the amount of the loss and not the manner in which the loss is to be taken. Only subsection (a) speaks to the manner in which the NOL is to be taken. The only logical meaning to be given subsection (a) is that the NOL, as defined in subsection (b), is allowed in the year and manner as provided for in § 172 of the Internal Revenue Code. We conclude that the language of the statute requires that the NOL be allowed as it is under the Internal Revenue Code by carrying back the amount to prior years to reduce the Kansas taxable income.
The question remains, however, whether FDIC is barred from carrying the NOL for 1985 back to prior years because the Bank became insolvent in 1985.
FDIC filed a 1986 privilege tax return. Because the privilege tax is based upon the net income for the next preceding year, and the Bank had no net income due to its losses in 1985, the Bank paid no 1986 privilege taxes. According to the Department, because 1986 was not a privilege tax year the 1985 federal loss was not recognized and cannot be carried back to prior years. As support, the Department points out that 79-32,143(a) states that the amount of NOL to be carried back “shall be that portion of the federal net operating loss allocated to Kansas under this act in the taxable year that the net operating loss is sustained.” The Department argues that the 1985 federal losses were never allocated to Kansas nor sustained in a privilege tax year. Because K.S.A. 79-1110 (Ensley 1984) specified that privilege tax statutes adopt provisions of the Code only “insofar as the same can be made applicable,” the Department asserts that 79-32,143(a) cannot be made applicable to carry back a loss that does not exist for privilege tax purposes.
The Department cites several cases to support its argument. In Litton Indus. Products v. Limbach, 58 Ohio St. 3d 169, 569 N.E.2d 481 (1991), the Ohio Supreme Court dealt with a franchise tax, which was an excise tax upon corporations for the privilege of doing business in Ohio in corporate form. The corporation became subject to the tax on the 1st day of January of the calendar year that it was organized. In Litton, one corporation, Litton Medical Products,. Inc., merged into Litton Industrial Products, Inc., on November 2, 1974. Litton Medical had a fiscal year from July to July. In the 1974 corporate franchise tax return for fiscal year 1973, Litton Medical reported a NOL. Litton Medical filed a 1975 corporate franchise tax return covering the fiscal year ending July 28, 1975, and also reporting NOL. In 1976, Litton Industrial, the corporation into which Litton Medical was merged, filed a corporate franchise tax return seeking to carry over and deduct Litton Medical’s NOLs. The Ohio statute defined “tax year” as “the calendar year in and for which the tax provided ... is required to be paid.” Ohio Rev. Code Ann. § 5733.04(F) (Page 1973).
Under the language of the Ohio statutes, the court concluded that a corporation measures the tax on the net income received in the year preceding the annual accounting period that contains January 1 of the taxable year. Therefore, the 1975 taxable year would be calculated by measuring net income in the preceding accounting period ending July 28, 1974. If Litton Medical had existed on January 1, 1975, the accounting period for the 1975 tax year would be the fiscal and taxable year ending July 28, 1974. Because Litton Medical was not in business on January 1, 1975, the fiscal year ending July 28, 1974, was not a taxable year for purposes of the statute allowing the NOL to be carried over to succeeding taxable years. Although Litton Medical incurred a NOL, the court found that the franchise tax does not recognize the loss as a deduction, and therefore neither Litton Medical nor its successor may deduct the loss. 58 Ohio St. 3d at 171.
FDIC distinguishes Litton, arguing that the Kansas statute is entirely different from the Ohio statute. The Ohio statute defines both “taxable year” and “tax year” in terms of franchise tax liability. In contrast, 79-32,143(a) allows carryback of any “federal net operating loss allocated to Kansas ... in the taxable year that [it was] sustained,” and K.S.A. 79-32,114(a) (Ensley 1984) specifically provides that a taxable year was “the same as his or her taxable year for federal income tax purposes.” We agree. The Kansas statute does not require that the year of loss be followed by a year in which the Bank exercised the privilege. Because of the difference in the statutes, the Department’s reliance on Litton, which turned on “the precise wording of the [Ohio] statute,” 58 Ohio St. 3d at 170, is misplaced.
The Department cites other cases in support of its position. In Pacific Wholesalers v. Mangerich, 147 F. Supp. 867, 869 (D. Guam 1957), the court refused to allow a loss to be carried forward because it was not sustained in a taxable year. The loss was incurred in 1950, but no income tax was imposed in Guam until January 1, 1951. The court held the plaintiff could not deduct the corporate loss experienced in 1950 because that was not a taxable year within the meaning of the United States income tax laws, which took effect in Guam on January 1, 1951.
In Matter of Avien, Inc., 532 F.2d 273, 275-76 (2d Cir. 1976), the taxpayer could not use losses from 1963 because that involved a period of time occurring prior to the effective date of a city tax; therefore it was not a taxable year under the city tax laws. FDIC points out that the ruling in Avien rejected the city’s “ingenious but untenable” argument that no losses could be taken until after the 1963 loss was allowed to be carried forward. Instead, the court concluded that only the deduction of the 1963 loss was barred because it preceded the effective date of the statute. Other losses that were incurred since the statute’s effective date could be used to allow the NOL deduction in other years.
The Department also relies upon a set of Kansas cases that discuss a receiver’s liability to pay a franchise tax. If a receiver is carrying on the business of a corporation as a going concern, the receiver is, in effect, exercising its corporate franchise, and the State properly looks to the receiver to pay the tax imposed. State, ex rel., v. Sessions, 95 Kan. 272, Syl. ¶ 6, 147 Pac. 789 (1915), aff'd 245 U.S. 627, 62 L. Ed. 518, 38 S. Ct. 60 (1917). A receiver “doing business” is carrying on the operation of the corporation, or some portion of it, in the usual and regular course of running the corporation for profit. Wilson v. Bank, 77 Kan. 589, 595, 95 Pac. 404 (1908). In Wilson, after paying its depositors and surrendering its certificate of authority to do business, the bank was no longer subject to the provisions of the banking act. Therefore, it was not “doing business” within the meaning of the statute requiring the filing of financial statements with the Secretary of State as a condition precedent to maintaining an action or recovering a judgment. 77 Kan. at 594-95. See State v. Knights of the Ku Klux Klan, 117 Kan. 564, 575, 232 Pac. 254 (1925) (citing Wilson, 77 Kan. 589), and Lumber Co. v. State Charter Board, 107 Kan. 153, 162, 190 Pac. 601 (1920) (Doing business “is the exercise of some of the functions and the carrying on of the ordinary business for which the company is organized [citations omitted]. Single and isolated transactions do not ordinarily constitute the doing of business.”).
As further support, the Department relies upon the discussion regarding franchise tax by the United States Supreme Court in Educational Films Corp. v. Ward, 282 U.S. 379, 75 L. Ed. 400, 51 S. Ct. 170 (1931). The Court stated that, although a corporation has income in the preceding fiscal year, if it ceases to do business prior to the beginning of the next fiscal year it is not subject to a franchise tax.
“Since it can be levied only when the corporation both seeks or exercises the privilege of doing business in one year and has been in receipt of net income during its preceding fiscal year, the tax, whatever descriptive terms are properly applicable to it, obviously is not exclusively on income apart from the franchise.” 282 U.S. at 388.
Here, in the order denying the claim, BOTA stated:
“The Bank was closed on November 21, 1985, and surrendered its license and privilege to do business as a bank on that date. The process of liquidation or winding up is not identical to doing business. Neither the corporate privilege nor franchise are exercised by the receiver. State v. Sessions, 95 Kan. 272, 147 [Pac.] 789 (1915) and Wilson v. Bank, 77 Kan. 589, 95 [Pac.] 404 (1908). In Sessions, the bank was held liable for tax payment due to the fact that it exercised its franchise in the first year that a tax was imposed. We believe that the converse should also be true, i.e. that the first year after the bank surrendered its license is the first year in which it is free of privilege tax. Without the exercise of the privilege, there is no tax liability. From and after November 21, 1985, there was no reason to reopen the privilege tax issue. We conclude that the purpose of the privilege tax is to levy against those who exercise the privilege of doing banking business.”
BOTA concluded that, because neither FDIC nor the Bank was doing banking business when the losses were incurred, no privilege tax resulted for this year. Therefore, the prior year s income from operations would escape recognition as would the previous year s losses. BOTA concluded that no basis existed to redetermine income when no losses were recognized.
FDIC criticizes the Department’s reliance upon Wilson and Sessions to support BOTA’s conclusions here. As FDIC correctly points out, it is not attempting to exercise the Bank’s privilege in its capacity as a receiver but is simply asserting that it should be able to deduct the Bank’s 1985 losses in the Bank’s income for the purpose of measuring the Bank’s privilege tax liability for the years 1975 through 1984. The Bank paid the principal tax those years but has not been allowed to reflect the enormous loss suffered in 1985.
FDIC also criticizes the Department for citing First Nat’l Bank of Manhattan v. Kansas Dept. of Revenue, 13 Kan. App. 2d 706, 779 P.2d 457 (1989), to support BOTA’s ruling. FDIC argues that the decision in First Nat’l Bank, to the extent it is relevant at all, supports FDIC’s argument. The Department cited First Nat’l Bank to support the statement that corporate income tax and privilege tax are different in significant ways. FDIC does not dispute this, 13 Kan. App. 2d at 711, but argues that the principal holding of First Nat’l Bank is that a bank may not combine its income with that of an affiliated nonbanking corporation in its privilege tax return to calculate the privilege tax. In reaching this decision, the Court of Appeals concluded that Kansas law requires that privilege tax liability and corporate tax liability must be determined based on the individual corporation’s federal tax income. Thus, the court noted: “The differences between the privilege tax and the corporate tax lead us to the conclusion that a privilege tax filer and a corporate tax filer should file separate returns.” 13 Kan. App. 2d at 711.
Rejecting the Department’s criticism that FDIC had blurred the distinction between privilege tax and income tax, FDIC acknowledges that these are different taxes but argues that the net income used by the Kansas privilege tax statute is the same as the federal taxable income and that the NOL deductions available for one are available for the other. In support of its interpretation, FDIC points to other courts that have allowed deductions for NOL carryovers. In particular, FDIC relies upon a Colorado case, In re Matter of Golden St. Bk., 37 Colo. App. 29, 543 P.2d 1307 (1975). According to FDIC, the Colorado franchise tax statute was the model used by the Kansas Legislature in developing the Kansas statutes. Therefore, FDIC argues that the decision in Golden St. Bk. is of particular importance in interpreting the Kansas statutes.
In that case, Golden State Bank was denied a refund by the Colorado Department of Revenue when the bank attempted to carry back the NOL it sustained in 1970. For the tax years 1967, 1968, and 1969, Golden State Bank filed Colorado state income tax returns computing its taxes under Colo. Rev. Stat. § 138-1-55 (1965 Perm. Supp.) (§ 55) (franchise tax). This section was repealed April 1, 1970, for all taxable years beginning after December 31, 1969. Banks whose taxes had been computed previously under § 55 became subject to the preexisting general corporate tax under Colo. Rev. Stat. § 138-1-35 (1969 Perm. Supp.) (§ 35). When Golden State Bank filed its tax return for the year 1970, it sought to carry back its 1970 losses to the years 1967, 1968, and 1969 by using the losses as deductions in recomputing the amount of taxes due for those years. 37 Colo. App. at 30.
The Colorado Department of Revenue denied the claim for refund, arguing that the taxes under § 55 had been characterized as a franchise tax, and therefore the bank could not have carried back a NOL under Colo. Rev. Stat. § 138-1-59 (1965 Perm. Supp.) (§ 59) because it provides for carryback “ ‘for Colorado income tax purposes.’ ” 37 Colo. App. at 30-31. The department of revenue admitted that, beginning in 1970, the year of the bank’s NOL, the bank was allowed to carry back losses under the provisions of § 59. But prior to 1970, the bank was subject to the franchise tax of § 55. According to the department, of revenue, this precluded Golden State Bank from deducting NOL under § 59. 37 Colo. App. at 31.
The court evaluated the Colorado statutes in detail and concluded that, prior to 1970, the year that § 55 was repealed, § 59 allowing deduction of NOL was available to banks formerly taxed under § 55. Section 59 had been applicable to both § 55 and § 35. When § 55 was repealed, nothing else was amended. By virtue of the repeal, both national and state banks became subject to § 35, which establishes taxes on all domestic and foreign corporations doing business in Colorado. 37 Colo. App. at 32-33.
The Colorado Court of Appeals found that the statutory intent was clear. The bank computed its net taxable income under Colo. Rev. Stat. § 138-1-38 (1963), which allows a NOL deduction under § 59. Section 59 permits the deduction, properly allocated, “ ‘in the same manner that it is allowed under the internal revenue code.’ ” 37 Colo. App. at 32. The Internal Revenue Code requires the NOL to be carried back if possible. The court concluded that § 59 was available to banks formerly taxed under § 55 and now taxed, along with other corporations, under § 35. 37 Colo. App. at 32.
The relevant language of the Kansas statutes is substantially identical to that of the Colorado statutes. Kansas banks are taxed based upon the Kansas taxable income of corporations. This includes allowing a deduction of NOL in determining Kansas taxable income “in the same manner that it is allowed under the internal revenue code.” In Golden St. Bk., the bank was no longer subject to a privilege tax because the statute had been repealed. FDIC argues that this is analogous to the situation here where the Bank was no longer subject to a privilege tax because the Bank was insolvent and a receiver had been appointed.
The Department counters that reliance upon Golden St. Bk. is misplaced because no question exists that the loss there was recognized in a Colorado income taxable year. In contrast, the 1985 losses experienced by the Bank here were not recognized or sustained for any Kansas tax purposes. The Department also points out that, in Colorado, if the legislative intent behind enactment of a statute is in doubt or ambiguous, the statute is to be construed in favor of the taxpayer. 37 Colo. App. at 33. In Kansas, the taxpayer carries the burden of proving that the deduction is clearly authorized. See Palmer v. Commission of Revenue and Taxation, 156 Kan. 690, 696, 135 P.2d 899 (1943). FDIC responds to this assertion by noting that the court in Golden St. Bk. did not just consider the effective date of the loss carryback provision but held that the provision incorporating federal law required that the deduction be allowed.
Finally, it should be noted that FDIC repeatedly argues that the position taken by the Department in this case directly contradicts the Department’s prior published statements and actions in a previous case that is almost identical to this one. In 1981, FDIC, as receiver for the Mission State Bank, filed a privilege tax return that was clearly marked “final return” and that showed a large loss. FDIC filed a claim carrying the loss back to prior years to offset income in those years and sought a refund of $255,517 plus interest. The Department granted the refund claim. Furthermore, in January 1986 the Department published a privilege tax information bulletin that provided: “If a merger, consolidation or other event creates short taxable years for a privilege flier, returns must be filed and taxes paid for each of the short taxable years.” FDIC argues that these interpretations by the Department must be taken into account by this court. As support, FDIC cites Wichita Board of Trade v. United States, 352 F. Supp. 365, 369 (D. Kan. 1972), aff'd in part, rev’d in part 412 U.S. 800, 37 L. Ed. 2d 350, 93 S. Ct. 2367 (1973), where the court recognized that activities and conditions may develop that dictate prior administrative constructions and interpretations of a statute should no longer be binding if they do not achieve the general legislation’s objectives. But a longstanding administrative interpretation of a statute should not be overruled except for weighty reasons. FDIC argues that the Department’s prior interpretations of the privilege tax statute should not be disregarded.
In its brief, FDIC notes that, in a reply brief filed less than a year ago in In re Tax Appeal of Peoples Savings & Loan Ass’n, No. 64,371, unpublished Supreme Court opinion filed October 26, 1990, the Department ridiculed the suggestion that income for an 11-month period of the preceding calendar year should be disregarded for privilege tax purposes. The Department responds that the Peoples case differs in that the privilege of doing business in that case was never interrupted, whereas here, the Bank’s privilege was interrupted and terminated. However, only weeks after taking this position, counsel for the Department acknowledged to BOTA in this case that, if the Bank had incurred income during the period ending November 21, 1985, “the shoe would be on the other foot, and we might be arguing their side.”
K.S.A. 79-32,143(a) (Ensley 1984) allows a deduction for NOL to be carried back to prior years “in the same manner as it is allowed under the internal revenue code.” The statute is unequivocal on this point and is not ambiguous. The parties agree that the Internal Revenue Code allowed a deduction of this NOL in 1985 to be carried back to the prior years of 1975 through 1984. FDIC received a refund from the IRS based upon a recalculation of the taxable income of the Bank over thosé years by including calculations that took into account the loss in 1985. The Kansas statutes require that this NOL be applied in the same manner as allowed under the Code. Nothing in the privilege tax statutes prohibits recalculation of the taxable income that is the basis for figuring the privilege tax on years that have been paid. The Bank paid privilege tax in the years 1975 through 1984. The statute recognizes the NOL in “the taxable year that the net operating loss is sustained.” “Taxable year” is.the same, as the taxable year for federal income tax purposes. K.S.A. 79-32,114 (Ensley 1984). Here, the loss occurred in 1985, which was a taxable year for the Bank. There is no additional requirement that the Bank have a net income in 1985 and/or still be operating as a bank on January 1, 1986, to avail itself of thé provisions of 79-32,143(a). The Department should have allowed FDIC to carry back the NOL to prior years as was permitted by the IRS and is allowed here under 79-32,143(a).
The order of BOTA affirming the Kansas Department of Revenue’s denial of FDIC’s claim for a refund of privilege taxes is reversed.
Six, J.,
dissenting: K.S.A. 79-1106 (Ensley 1984) and K.S.A. 79-1107 (Ensley 1984) signal the legislative intention of taxing a bank’s privilege of doing business within the state. The privilege tax is in lieu of ad valorem taxes. The tax is paid to the State for the privilege of doing business within the state according to, or measured by, the privilege taxpayer’s net income for the next preceding year.
K.S.A. 79-1106 (Ensley 1984) provides:
“It is hereby declared to be the intention of the legislature to levy a tax on national banking associations, banks, trust companies, and savings and loan associations, which tax shall be in lieu of ad valorem taxes which might otherwise be imposed upon the intangible assets of such national banking associations, banks, trust companies, and savings and loan associations.” (Emphasis added.)
K.S.A. 79-1107 (Ensley 1984) states:
“Every national banking association and state bank located or doing business within the state shall annually pay to the state for the privilege of doing business within the state a tax according to or measured by its net income for the next preceding calendar year or fiscal year ending in the next preceding year to be computed as provided in this act. Such tax shall consist of a normal tax and a surtax and shall be computed as follows:
“(a) The normal tax shall be an amount equal to four and one-fourth percent (4V<i%) of such net income; and
“(b) the surtax shall be an amount equal to two and one-eighth percent (2Vs%) of such net income in excess of twenty-five thousand dollars ($25,000).
“The tax levied shall be in lieu of ad valorem taxes which might otherwise be imposed by the state or political subdivisions thereof upon shares of capital stock or the intangible assets of national banking associations and state banks. The state of Kansas hereby adopts the method numbered (4) authorized by the act of March 25, 1926, amending section 5219 of the revised statutes of the United States (12 U.S.C.A. 548), relating to the manner and place of taxing national banking associations located within its limits.”
FDIC was appointed receiver of the bank on November 21, 1985. FDIC did not receive any deposits or make new loans. At a town meeting on November 23, 1985, FDIC’s bank closing manager advised debtors of the failed bank that they should take immediate steps to establish a banking relationship with another financial institution because FDIC was not a bank and was not in the business of making loans.
The BOTA order states in part:
“5. The Director’s Order is brief and holds simply that a 1986 privilege tax return was not required or allowed. Since the return was not permissible, the loss reflected from operations after November 21, 1985, were not allowed.
“6. The fundamental thrust of FDIC’s argument relies on coupling federal income tax provisions with the assessment of privilege tax. FDIC cites K.S.A. 79-1109 as authority for incorporating by reference the provisions of K.S.A. 79-32,138. While it is true that the statutes refer to federal taxable income, the privilege tax is specifically measured from the taxable income from the year preceding the year in which the return is filed. There is no dispute that any losses incurred by either Farmers & Merchants Bank or the FDIC were not incurred until 1985 and 1986. None of the losses which form the substance of this dispute were recognized in 1984.
“7. There are significant differences between the privilege tax and corporate income tax. First Nat’l Bank of Manhattan v. Kansas Dept. of Revenue, 13 Kan. App. 2d 706, 779 P.2d 457 (1989). The Board finds it significant that the measure for privilege tax purposes is the taxable income from the next preceding year and is paid for the exercise of banking privileges prospectively. See K.S.A. 79-1107.
“8. The bank was closed on November 21, 1985, and surrendered its license and privilege to do business as a bank on that date. The process of liquidation or winding up is not identical to doing business. Neither the corporate privilege nor franchise are exercised by the receiver. State v. Sessions, 95 Kan. 272, 147 P.2d 789 (1915) and Wilson v. Bank, 77 Kan. 589, 95 P[ac], (1908). In Sessions, the bank was held liable for tax payment due to the fact that it exercised its franchise in the first year that a tax was imposed. We believe that the converse should also be true, i.e., that the first year after the bank surrendered its license is the first year in which it is free of privilege tax. Without the exercise of the privilege, there is no tax liability. From and after November 21, 1985, there was no reason to reopen the privilege tax issue. We conclude that the purpose of the privilege tax is to levy against those who exercise the privilege of doing banking business. As neither FDIC nor Farmers & Merchants were doing banking business when the losses were incurred, there is no privilege tax incidence. Just as the last year’s income from operations escapes recognition, so also the last year’s losses escape recognition. There is no basis to redetermine income when no losses are recognized.
“10. The Board concludes that the losses sustained by Farmers & Merchants Bank or the FDIC are not recognizable for privilege tax purposes. As such, there is no cause to redetermine the income for years prior to 1986.”
In Kansas the taxpayer carries the burden of proving that an exemption is clearly authorized. Palmer v. Commission of Revenue and Taxation, 156 Kan. 690, 696, 135 P.2d 899 (1943). In my view, the burden referred to in Palmer applies to FDIC’s claim for a NOL deduction.
I would affirm the order of BOTA affirming the Kansas Department of Revenue’s denial of FDIC’s claim for a refund of privilege taxes.
Lockett, J., joins the foregoing dissenting opinion.
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CASELAW
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Wikipedia talk:Portal
Page update
Portals continually lose space on Wikipedia, the last one is perhaps the most emblematic,portals were removed entirely from the main page. All this is not the work of "enemies of the portals", but of the portals' own incompetence to prove themselves useful. Going further, the Portal space does not have any, that's right, any, active Manual of Style, Police or Guideline, and even this page, which defines it, is totally useless to reverse this situation.
So I reversed that redirect, opening a new talk page. The objective is to bring together new ideas, to perhaps, recreate the concept of portal.Guilherme Burn (talk) 00:13, 6 April 2022 (UTC)
* There is zero chance of success proposal to remove WP:Contents from sidebar. I am suggesting instead that maybe we should rename it to Explore Wikipedia. Wakelamp d[@-@]b (talk) 00:40, 25 August 2022 (UTC)
Strike in 1966/7
Just looking for history of a strike at portals paper mill <IP_ADDRESS> (talk) 15:36, 11 October 2022 (UTC)
* This page is about improving Wikipedia's portal pages. You may be looking for Portals (paper makers), but I don't see details of a strike there. Certes (talk) 17:17, 11 October 2022 (UTC)
* @Certes Tytifish (talk) 11:40, 7 February 2023 (UTC)
Do portal links belong on category pages?
Does anyone know if portal links should be included on category pages, as they currently are at Category:Dutch people by ethnic or national origin? Cordless Larry (talk) 09:36, 12 February 2023 (UTC)
* I dont see why not.....simply another navigation tool. Better question....should we have external links likes Commons Category:Canada. Moxy -Maple Leaf (Pantone).svg 10:04, 12 February 2023 (UTC)
* Thanks. An editor has been adding them to many similar categories and not knowing much about portals, I wanted to make sure that they weren't wasting their time making edits that were likely to be reverted. Cordless Larry (talk) 10:33, 12 February 2023 (UTC)
* I have seen portals removed before (took no action)....that said i have reverted the removal of nav templates before as they are clearly a navigation tool that help people find primary articles on a topic related to the cat.....that is also my POV on portals....they help. Moxy -Maple Leaf (Pantone).svg 16:43, 12 February 2023 (UTC)
* I also don't see why it shouldn't be. OhanaUnitedTalk page 04:06, 13 February 2023 (UTC)
What about portal maintenance?
There's a section here called "Portal development and maintenance," but the only information in it relates to linking to a portal from elsewhere and creating new portals. Ed [talk] [majestic titan] 01:36, 20 March 2023 (UTC)
* Needs vary. Portals such as Mathematics need little maintenance. Major developments are rare and adding them isn't urgent, especially if our new article is still rough. Varying the content is automated (show a random/the th article from a list), and extracting the lead handles deaths etc. Bots update many featured content lists; for the rest, our "pick a page" templates handle moves (follow the redirect) and deletions (pick again). More topical portals such as sports need freshening more regularly, but that tends to be done by a few enthusiasts using their preferred methods to add welcome individuality. Perhaps they could share some hints and tips here. Certes (talk) 11:18, 20 March 2023 (UTC)
Mass portal deletion again
An increasing number of portals are being deleted in what seems to be a continuation of the old portal war by stealth. Surely we should be seeking to improve portals not scrap them? What's going on here? Meanwhile I have stopped work on portals again because I can see my work will just be wasted if this carries on. Bermicourt (talk) 11:23, 13 April 2023 (UTC)
* This year we have lost Tanks and War (two perfectly good portals which I couldn't be bothered to defend), a couple of half-baked new portals without potential (which I nominated for deletion myself), and a few redundant subpages (reasonable technical deletions). World War I is currently at MfD with the usual rationale that it is abandoned because no one is constantly changing it. There does seem to be a military theme to the deletions so let's hope they're confined to that topic. If the deletions escalate into the sort of disruptive editing that ArbCom had to deal with in 2019 then I'll be the first to spring into action, but I don't think we need to panic yet. Certes (talk) 14:00, 13 April 2023 (UTC)
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WIKI
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Fabrication and Application Explorations of Graphene Materials(1)
2014中国国际石墨烯创新大会(Grap-China 2014)——There are challenges of how to realize large-scale fabrication of high-quality graphene microstructures and large-size single crystal graphene domains, which are essential for mass and device applications. In order to commercialize graphene materials, we developed a solid state intercalation-high temperature expansion-liquid phase exfoliation process.Second,we developed an ambient pressure CVD to synthesize millimeter-size single crystal graphene grains and films on Pt substrates, and an electrochemical bubbling method to transfer these grains and films, which is also non destructive to the Pt substrates that can be repeatedly used for graphene growth with no limit.Finally, in order to obtain graphene by CVD in a relatively large quantity, we tried to use Ni particles and Ni foams as substrates. Interestingly, with a Ni foam as template, a 3D graphene microstructure, which is called graphene foam(GF), can be synthesized.
关键词: 石墨烯 大规模制造 液相剥离 电化学方法 薄膜
主讲人:院士 Huiming Cheng 机构:Advanced Carbon Research Division Shenyang National Laboratory for Materials Science,Institute of Metal Research,Chinese
时长:0:18:48 年代:2014年
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ESSENTIALAI-STEM
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How is point with coordinates 0 0 represented in the graphics window of an AutoCAD drawing?
In an AutoCAD drawing, 0,0,0 is usually located in the lower left corner of the graphics window. A system of locating points along X- and Y-axes relative to a starting point representing “zero X” and “zero Y.” Named for its originator, Rene Descartes.
How do I draw a line with coordinates in AutoCAD?
Using Specific Coordinates
1. Click Home tab > Draw panel > Line. Find.
2. Type the coordinate value for the first point by typing the X value, a comma, then the Y value, for example 1.65,4.25.
3. Press the Spacebar or Enter.
4. Do one of the following: …
5. Press the Spacebar or Enter.
30 мар. 2020 г.
What is the direction of the default base angle setting in AutoCAD?
Base Angle
Sets the direction of the zero angle. The following options affect the entry of angles, the display format, and the entry of polar, cylindrical, and spherical coordinates. Specifies the compass direction east (the default).
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What is AutoCAD coordinate system?
AutoCAD Coordinate Systems. AutoCAD allows you to define the placement of a point using two different coordinate systems. The Cartesian (rectangular) Coordinate System uses the “x” distance (left/right) and the “y” distance (up/down).
How do I use relative coordinates in AutoCAD?
Use relative coordinates when you know the location of a point in relation to the previous point. To specify relative coordinates, precede the coordinate values with an @ sign. For example, entering @3,4 specifies a point 3 units along the X axis and 4 units along the Y axis from the last point specified.
How do you plot lot coordinates in CAD?
Start the . _LINE command and pick a starting point. If you have XY or Northing and Easting coordinates, you can enter them, otherwise just pick any point in the drawing. Then at the next prompt enter @107.65What setting should be defined before the limits of an AutoCAD drawing are set?
What setting should be defined before the limits of an AutoCAD drawing are set? The units of the drawing because value for the limits will be displayed in the current units.
How do I change the direction of an angle in AutoCAD?
Maybe you want the UNITS command, pick the Clockwise choice under Angle? Or down at the bottom of UNITS dialog, pick the Direction button, ….
How do I change the orientation of AutoCAD to North?
Where is True North in AutoCAD?
1. Open the site plan view.
2. Use the survey point to set a known position on the site.
3. Change the view’s orientation: In the Properties palette, for Orientation, select True North.
4. (Optional) In the view, add a reference plane or an annotation that indicates the True North direction.
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How many types of coordinate systems are there?
The different types of coordinate systems are :- Horizontal coordinate systems locate data across the surface of the world , and vertical coordinate systems locate the relative height or depth of knowledge . Horizontal coordinate systems are often of three types: geographic, projected, and local.
What are the types of coordinate systems?
Common coordinate systems
• Number line.
• Cartesian coordinate system.
• Polar coordinate system.
• Cylindrical and spherical coordinate systems.
• Homogeneous coordinate system.
• Other commonly used systems.
• Relativistic coordinate systems.
• Citations.
How many types of coordinate system are there in AutoCAD?
There is only 3 AutoCAD coordinates system you should know. Absolute coordinates, Relative coordinates and Polar coordinates.
What is the difference between absolute coordinates and relative coordinates in AutoCAD?
Absolute coordinates: is distance or angle of axes relative to the origin of the coordinates. When entering absolute coordinates, enter the coordinates of points in the command bar. … Relative coordinates: the distance or angle of axes relative to the last point.
How do you write polar coordinates?
To convert from Cartesian Coordinates (x,y) to Polar Coordinates (r,θ):
1. r = √ ( x2 + y2 )
2. θ = tan-1 ( y / x )
What are polar coordinates?
In mathematics, the polar coordinate system is a two-dimensional coordinate system in which each point on a plane is determined by a distance from a reference point and an angle from a reference direction. … The radial coordinate is often denoted by r or ρ, and the angular coordinate by φ, θ, or t.
House 3D
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BIIT
BIIT may refer to:
* Bangladesh Institute of Islamic Thought, a think-tank in Bangladesh
* Barani Institute of Information Technology, an institution in Pakistan
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WIKI
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Landfill diversion
Waste diversion or landfill diversion is the process of diverting waste from landfills. The success of landfill diversion can be measured by comparison of the size of the landfill from one year to the next. If the landfill grows minimally or remains the same, then policies covering landfill diversion are successful. For example, currently in the United States there are 3000 landfills. A measure of the success of landfill diversion would be if that number remains the same or is reduced. In 2015 it was recorded that the national average of landfill diversion in the United States was 33.8%, while San Francisco had implemented the most effective policies and had recorded a landfill diversion rate of 77%.
Waste diversion
Waste diversion is the process of diverting waste from landfills through recycling and source reduction activities. This can be calculated in different ways. As a global community, we can measure the size and number of landfills from one year to the next. If the landfills have shrunk or decreased in number, then it can be gathered that we are successfully implementing a waste diversion plan. If landfills have increased in number, then we are not doing enough to combat the growing population and growing waste we produce. On a smaller scale, we can track our week to week, or even day to day, waste diversion rate.
Waste reduction
Reduction of waste is another way to divert waste from landfills; not creating waste in the first place will reduce the amount of waste going to landfills. There are numerous ways to reduce waste, for example, consumers can avoid single use products and instead invest in re-usable items such as canvas bags instead of plastic bags; consuming less in general is also an effective way to reduce waste. In addition, maintaining vehicles' tires will also help reduce waste tires in landfills since they are undesirable and take up too much space along with many other negative effects.
Recycling
Landfill diversion can occur through recycling. Recycling refers to taking used materials and creating new products in order to prevent the disposal of these products in landfills. Recycling material can include glass, paper, metal, plastic, textiles, and electronics.
Thermal treatment
Another method of landfill diversion is thermal treatment (such as Incineration). Approximately sixteen percent (16%) of waste is incinerated yearly in the United States. Incineration, however, can lead to other environmental issues that may have positive or negative results.
Biological treatments
In addition to reusing materials waste products can go through biological treatment. There are two types of biological treatments anaerobic digestion or composting. Simply stated, biological treatment is the breaking down of material through the action of micro-organisms. Materials are broken down to carbon dioxide, water and biomass. Biomass consists of wood, crops, yard and animal waste. Biomass is considered a renewable energy because more can be grown in a short amount of time. Biomass contributes to roughly four percent of our energy. Biomass energy although its burned, does not pollute the air as much as fossil fuels. Some materials easily break down, others do not. The environment in which the material is placed determines the speed of breakdown.
Return waste to supplier of original materials
It is possible in many production facilities to return waste product to the supplier of the original raw material. Some examples include the reuse of beer kegs by returning to the distributor to be refilled, reuse of propane tanks, and recycling batteries to be used again. These products are large contributors to the overgrowth of landfills. Many companies will offer incentives or credits for the returned product towards the next purchase.
Reuse waste in the same or other steps of production process
The development of more closed loop systems aides in diverting waste from landfills. Manufacturing and most production facilities will create waste to varying degrees. A closed loop system will recycle the waste back into the production process to maintain minimal levels of waste that is left to be disposed of. This is environmentally and economically friendly.
Selling waste to a third party
More unfamiliar than other types, it is possible for a company to sell its waste to a third party. This third party will purchase the waste for reuse in their own production process. In addition to the sale of waste, there are also third parties which will retrieve your waste for you if they are capable of disposing of it more efficiently and/or affordably.
Waste to energy
Other options for diversion are composting and waste-to-energy: converting primary waste into various types of energy such as heat or electricity.
Open dump
An open dump is an area where unwanted waste is disposed of with no regulations or restrictions; they often produce adverse effects on the environment. The Resources Conservation and Recovery Act of 1976 prohibited open dumping, therefore making it illegal in many states.
Sanitary landfill
A sanitary landfill is where waste is disposed of in thin layers little by little; each layer is covered and compacted with soil to prevent foul odors and wind blown litter. This method prevents the creation of safety and public health hazards; this landfill has four requirements before it is built. The first requirement is that it must have absolute leachate security; the bottom of the landfill can be lined with a Synthetic liner that prevents leachate from entering the ground water. The next step is it has to be a two foot non permeable clay on top of the liner before the Waste can be placed in the cell. Secondly, there must be formal engineering preparations and planning in order to ensure the success of the landfill. Thirdly, permanent supervision must be present in all stages of the landfill also to ensure success and sustainability. Lastly, the placement and compacting of waste must be planned to prevent pest and vermin infestations.
Secure landfill
A secure landfill is where hazardous waste is deposited since it requires a much more stringent regulation than municipal waste. The landfill must have at least two impermeable liners as well as a system for leachate collection to prevent any water contamination. In addition to this, the landfill must also have a groundwater monitoring system in case there is a leak; the wells can be pumped to remove the contaminated water for treatment.
Deep-well injection
Deep-well injection is a form of disposing of liquid hazardous waste. The liquid waste is pumped into porous limestone or sandstone through a steel casing, and high pressure is applied in order to permanently store the waste within the pores and fissures of the rocks. The limestone or sandstone used for injection must be located beneath an impermeable layer of clay or rock at least 0.5 mile below the surface. This option generally does not require pre-treatment of the waste and is one of the more inexpensive options, however it poses a risk of hazardous waste leakage.
California
The California Integrated Waste Management Act mandated all Californian cities and counties to divert 25% of their solid waste by 1990 and 50% by 2000 through planning and programs; this is managed by the California Department of Resources Recycling and Recovery (CalRecycle), and they also provide assistance in creating plans and programs. The percentage of solid waste required to be diverted has remained at 50% each year.
Maryland
The Maryland Department of the Environment (MDE) promotes the idea of waste diversion by partnering with Maryland's jurisdictions as well as the public and private sectors. All counties and Baltimore City are required to recycle 15% of waste generated (populations under 150,000) or 20% (populations over 150,000) due to The Maryland Recycling Act (MRA); the state government is also required to recycle at least 20% of their solid waste.
Pennsylvania
The Municipal Waste Planning Recycling and Waste Reduction Act (Act 101) was passed in 1988 which first initiated a statewide recycling program in Pennsylvania. As of 2016, at least 94% of Pennsylvania residents had access to recycling while 79% of the same population have direct access through curb side pick up programs. This act also required that individual counties develop efficient plans to combat the waste which will need disposed of in the next 10+ years. Success of Pennsylvania's recycling programs can be seen in the numbers. Over 6.12 million tons of waste were recycled into resources in 2013. This amount of recycling constitutes to 7.5 million tons of carbon dioxide emissions that were diverted from entering the air. The amount of carbon dioxide that this single state reduced in one year is equivalent to taking 1.58 million vehicles off of the road for one full year.
Europe
European waste legislation focuses upon the diversion of biodegradable waste from landfill, due to its potential to add to the effects of climate change.
Waste diversion rate
Calculating waste diversion rates is an important tool for households and especially businesses to use. It is a KPI in indicating a successful recycling program. By tracking progress weekly, changes can be made to improve week to week. A simple formula is used to calculate the waste diversion rate, as follows:
(Weight of Recycling / (Weight of Recycling + Weight of Garbage)) X 100
Waste should be labeled with the name of the area in which they were received. For businesses, this will be helpful in implementing programs; what may work for one part of the company may not work for another. The goal is to calculate a number as close to one hundred as possible. This would imply that one hundred percent of your waste is recycled. If a lower number is calculated, changes are required to improve the score. When a need to change the recycling plan is recognized, you must effectively communicate the plan to all members involved to make sure it is implemented in full. After the plan is implemented, try measuring the waste diversion rate again. Measure the changes to see if the new plan has produced clear benefits.
Waste diversion validation
The UL is a global independent safety science company which is working to find and improve current technologies and the public use of these things. They work to innovate the usage to promote a world where these luxuries and a healthy environment can co-inhabit the planet. They are three different levels of validations which the UL uses to honor the companies who manage their waste in environmentally healthy ways. Facilities are recognized as "Zero Waste" if they can consistently measure at a waste diversion rate of 100 percent. Facilities which are granted "Virtually Zero," maintain a waste diversion rate of 98 percent or higher. If facilities can manage to keep a waste diversion rate of 80 percent or higher, they are recognized as operating with landfill waste diversion.
Zero waste
Full article on Zero Waste
What does it mean to operate at zero waste?
A zero waste system is one which redesigns the traditional production system. Rather than using natural resources which are scarce, it promotes the reuse of waste to create new products. This process continues endlessly, constantly making product from the waste created by the last production process.
A zero waste system
A zero waste society will be led by motivated citizens. Responsible policies must be enacted which will provide regulations to follow to achieve zero waste. Regulations and closed loop manufacturing systems will create a clean and efficient manufacturing process. Programs will be enacted locally to promote education and awareness over the importance of operating at zero waste and ways to effectively do so. Even after a zero waste production process is created, there is still remaining waste that must be properly disposed of. This requires recovery infrastructure. This infrastructure would look to replace landfills. It has a potential to recover upwards of 90% of waste that has entered and is present in landfills to date.
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WIKI
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How A Search Engine Works
Crawling
Crawlers are used to gather information about websites.
Indexing
Crawler information is compiled and processed into a single database.
Ranking
Queries are matched with relevant responses which come from the index.
SEO
Improve Ranking by proving to Search Engines your results are the most relevant.
Search Engines: Indexing, Crawling and Ranking
Search Engine’s revolve around automated data scrapers called “Spiders” or “Crawlers” to collect information about which is then indexed in the big Google book, and then finally ranked when queries arrive. Once websites have been ranked according to a very specific query (for example “what is a search engine”), the Index learns which websites are more clicked on than others, and thus Search Engine Optimisation becomes possible.
1. Crawling
1. Crawler Arrives at Destination URL
2. Crawler collects key HTML information
3. Crawler detects images
4. Crawler detects text
5. Crawler finds linked pages
6. Crawler navigates linked pages
7. Crawler returns Home
Crawling is the process of automated data collection of websites, and domains. Crawlers quickly transverse the internet due to the interlinkages, allowing them to effectively create a “map” of the internet.
2. Indexing
1. Crawler returns Home
2. HTML information is stored
3. Text is processed
4. Images are processed
5. Text & Images are stored
6. Domain is mapped
7. Penalties imposed
Indexing is the act of processing collected data and creating an understanding for a domain. Crawling and Indexing errors that occur from bad SEO are penalised.
3. Ranking
1. A query is made (e.g. “technical SEO”)
2. Index is scanned for relevant websites
3. Ranking Algorithm
4. Google displays most relevant answers
5. User clicks and query is satisfied
6. User does not click and process starts over
Queries are questions that are asked to google on a daily basis. When a query is made, Google scans its database (the index) for websites that may be relevant. Every single website that may be relevant is then ranked according to Google’s Hummingbird Algorithm, comprised of more than 1,000+ factors. The most relevant response is then presented to the query-maker as link #1, the second most relevant response is present as link #2, and so forth.
4. SEO
1. Index learns which responses are better
2. Your website is ranked lower or higher
3. You become relevant for contingent keywords
4. Your DA grows as you rank better
5. Organic exposure increases tremendously
6. User experience improves
Search Engine Optimisation is an organic way of improving your ranking on Search Engines like Google. SEO is in effect, abiding by the rules that Google likes the best, in order to remove penalties, provide the most value to a customer, and prove that your website is really important. Optimisation can be done in dozens of ways, these services exist to improve TECHNICAL SEO.
Crawling | Indexing | Ranking | SEO
Crawling is tracking and gathering URLs to prepare for indexing. By giving them a webpage as a starting point, they will trace all the valid links on those pages.
Digital Shift Media
Crawling and Indexing information is gathered from Search Console’s or Webmaster interfaces. Sitemaps are pre-created roadmaps that Crawlers follow to find things on your site. A good Sitemap makes indexing way easier, and Google loves that, so you’re far less likely to get penalised. Ranking, through Google at least occurs through the Hummingbird Algorithm which is largely powered by RankBrain, the new Google AI. This is all surmised in SEO, which is broken down into On-Page SEO, Off-Page SEO, and Technical SEO.
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ESSENTIALAI-STEM
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Talk:Baarìa (film)
Controversy
I (StefanoC (talk) 10:48, 16 October 2009 (UTC)) removed the following two paragraphs from the Controversy section because: The first intervention by institutions comes from the Secretary to the Ministry of Labor, Health and Social Policies Francesca Martini that says the incident in a tone very controversial. "Very serious. An Italian film production must comply with the rules applicable in his state, in Italy as a legal obligation and abroad as a moral obligation. The bloody killing of animals is regulated and sanctioned by national and European regulations. See how we have done exactly the facts and if these correspond to a possible crime. In that case I will consider an intervention."
* they represent personal opinion of the cited people
* they don't add any new information
* they are too long
- Secretary Francesca Martini
In the question has also intervened Claudia Endrigo daughter of Sergio Endrigo who had previously authorized the use of the track of his father Era d'estate on the soundtrack, which indignantly announced that it will not go to see the film. "As the daughter of Sergio Endrigo if I had known that within the film Tornatore there would be a horrific scene, as pointless murder of a poor bull, I never gave permission to use piece of my father "Era d'estate"."
- Claudia Endrigo
Has the main text got this film right?
Isn't it the life of one man ending, and all told in retrospect as he remembers his life, which in the film he foresees in a dream ashides in a corner.
Echos of Bertalucci and Felini's Notti but mainly a Proustian daydream ending in death and beginning with that boy running for cigarettes, the very thing that ultimately killed him — Preceding unsigned comment added by <IP_ADDRESS> (talk) 23:37, 8 December 2012 (UTC)
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WIKI
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March '22 Community Gems
A roundup of technical Q&A's from the DVC and CML community. This month: CML updates, working with multiple datasets, using DVC stages, and more.
• Milecia McGregor
• March 30, 20222 min read
Hero Picture
What is the difference between using dvc exp run and dvc repro?
This is a really good question from @v2.03.99!
When you use dvc exp run, DVC automatically tracks each experiment run. Using dvc repro leaves it to the user to track each experiment.
You can learn how dvc exp run uses custom Git refs to track experiments in this blog post and you can see a quick technical overview in the docs here.
What is a good way to debug DVC stages in VSCode?
A great question here from @quarkquark!
You can debug in VSCode by following the steps below:
• Install the debugpy package.
• Navigate to "Run and Debug" > "Remote Attach" > localhost > someport.
• In a terminal in VSCode, python -m debugpy --listen someport --wait-for-client -m dvc mycommand
This should help you debug the stages in your pipeline in the IDE and you can find more details here.
Is there a way to list what files (and ideally additional info like location, MD5, etc) are within a directory tracked by DVC?
Thanks for asking @CarsonM!
You should be able to use DVC to list the directory contents of your DVC remotes without pulling the repo. Here's an example of the command you can run:
$ dvc list https://github.com/iterative/dataset-registry/ fashion-mnist/raw
This is a really interesting question from @BrownZ!
It really depends on your use case. Separated remotes might be useful if you want to have granular control over permissions for each dataset.
In general, we would suggest a single remote and setting up a data registry to handle the different datasets through DVC.
Is there a mailing list for subscribing to CML releases?
It's awesome community members like @pria want to keep up with our releases!
You can follow all of our releases via GitHub notifications. You can browse release notes at https://github.com/iterative/cml/releases. You can also subscribe to release updates by clicking the Watch button in the top-right, navigating to Custom, and checking the Releases option.
the checkbox you need to check in GitHub to follow CML releases
Does cml-send-comment work for azure devops repositories?
Thanks for the question @1cybersheep1!
Currently, the supported Source Code Management tools are GitHub, GitLab, and Bitbucket. Other SCMs may be a part of the roadmap later on.
If my model is training on a self-hosted, local runner, and I already have a shared DVC cache set up on the same machine, is there a good way for my GitHub workflow to access that cache instead of having to redownload it all from cloud storage?
Excellent question from @luke_imm!
In GitHub, you can mount volumes to your container, but you have to declare them within the workflow YAML
Join us in Discord to get all your DVC and CML questions answered!
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Sarina Farhadi
Sarina Farhadi (born 27 April 1998) is an Iranian actress. She is the daughter of Parisa Bakhtavar and Academy Award-winning director Asghar Farhadi.
Career
In 2011, she won Silver Bear for Best Actress at Berlin International Film Festival for her role in her father's film A Separation, as Termeh. She also won the FIPRESCI Award for best actress along with Leila Hatami and Sareh Bayat at the Palm Springs International Film Festival for her role as Termeh.
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WIKI
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Talk:Foster v. Chatman
A few brief editorial suggestions
Once again, I want to thank the authors of this article for their efforts to expand coverage of SCOTUS cases on Wikipedia. The article is generally in good shape, but I have a few suggestions for future improvement:
* 1) The final sentence of the background section says: "Since the petition for certiorari to the Supreme Court was appealing the Georgia Supreme Court's order, it was unclear whether the order "rests on an adequate and independent state law ground so as to preclude [the U.S. Supreme Court's] jurisdiction over Foster's federal claim." I would recommend (1) adding a sentence before this that explains that SCOTUS granted cert in 2015 and (2) re-phrase this sentence to explain that SCOTUS would not have had jurisdiction to review the case if the Georgia Supreme Court ruling was based upon "adequate and independent state law grounds" (see adequate and independent state ground).
* 2) You should add a citation after footnote A; a citation to JEB v. Alabama should suffice.
* 3) In the oral arguments section, you should probably add a sentence or two about Beth Burton's oral argument.
* 4) You should be consistent when italicizing latin words (compare "res judicata" with "prima facie").
* 5) It looks like you are trying to use Bluebook-style citations, but the formatting for citations to the slip opinion is not correct. The Cornell guide has instructions, but in general, here are the correct formats for citations to the slip opinion:
* Full citation: Foster v. Chapman, No. 14-8349, 578 U.S. ___, slip op. at [insert page number or page range] (2016)
* Short citation to majority opinion: Foster, slip op. at [insert page number or page range]
* Short citation to Justice Alito's opinion: Foster, slip op. at [insert page number or page range] (Alito, J., concurring in judgment)
* Short citation to Justice Thomas' opinion: Foster, slip op. at [insert page number or page range] (Thomas, J., dissenting)
Please let me know if any of the above comments are unclear. Thanks again for your strong work! Best, -- Notecardforfree (talk) 19:11, 29 May 2016 (UTC)
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IDENTIFIKASI JENIS JERAWAT DENGAN WAVELET HAAR DAN JARINGAN SYARAF TIRUAN PROPAGASI BALIK
*Nava Muzdalifah - Departemen Fisika, Fakultas Sains dan Matematika, Universitas Diponegoro, Semarang, Indonesia
Kusworo Adi - Departemen Fisika, Fakultas Sains dan Matematika, Universitas Diponegoro, Semarang, Indonesia
Published: 1 Oct 2016.
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Open Access
Citation Format:
Abstract
Acne is one of the most common diseases that often occur in adolescence. Acne is caused by several factors, namely genetic, hormonal, stress, Propionibacterium acnes microorganisms, environmental, and cosmetics. The existence of these factors can cause many types of acne, such as blackheads, whiteheads, papules, pustules, and nodules. Various efforts that have been done to resolve the problem of identifying the types of acne still has some flaws that required identification system type of acne that is cheap, effective, efficient, and accurate. Innovation identification of the type of acne is designed with the help of digital microscope camera, and a computer model in which applications are developed is based on wavelet transform and neural networks to identify types of acne automatically. Results of a system can identify the type of acne automatically using wavelet transform with the decomposition at level 3 and the coefficients is horizontal and backpropagation neural network with a network architecture that consists of various layers are input layer, hidden layer and output layer. Accuracy of identification the system is 84,6% with instructional time by 8 seconds. Identified the type of acnes are blackheads, cysts, nodules, papules, pustules and whiteheads. The range accuracy for acnes identification on the network is 72% until 92%. The best pixel resolution is 8 MP.
Keywords: Acne, wavelet transformation, neural network
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Literacy
Literacy is the ability to read and write with the purpose of understanding or expressing thoughts or ideas in written form.
Some researchers suggest that the study of "literacy" as a concept can be divided into two periods: the period before 1950, when literacy was understood solely as alphabetical literacy (word and letter recognition); and the period after 1950, when literacy slowly began to be considered as a wider concept and process, including the social and cultural aspects of reading and writing and functional literacy.
Definition
The range of definitions of literacy used by NGOs, think tanks, and advocacy groups since the 1990s suggests that this shift in understanding from "discrete skill" to "social practice" is both ongoing and uneven. Some definitions remain fairly closely aligned with the traditional "ability to read and write" connotation, whereas others take a broader view:
* The 2003 National Assessment of Adult Literacy (USA) included "quantitative literacy" (numeracy) in its treatment of literacy. It defined literacy as "the ability to use printed and written information to function in society, to achieve one's goals, and to develop one's knowledge and potential." It included three types of adult literacy: prose (e.g., a newspaper article), documents (e.g., a bus schedule), and quantitative literacy (e.g., the use of arithmetic operations in a product advertisement).
* In 2015, the United Nations Statistics Division defined the youth literacy rate as "the percentage of the population aged 15–24 years who can both read and write with understanding a short simple statement on everyday life."
* In 2016, the European Literacy Policy Network defined literacy as "the ability to read and write [...] in all media (print or electronic), including digital literacy."
* In 2018, UNESCO included "printed and written materials" and "varying contexts" in its definition of literacy, i.e., "the ability to identify, understand, interpret, create, communicate and compute, using printed and written materials associated with varying contexts."
* In 2019, the Organisation for Economic Co-operation and Development (OECD), in its PIAAC adult skills surveys, included "written texts" in its definition of literacy, i.e., "the ability to understand, evaluate, use and engage with written texts in order to participate in society, achieve one's goals, and develop one's knowledge and potential." Also, it treats numeracy and problem solving using technology as separate considerations.
* In 2021, Education Scotland and the National Literacy Trust in the UK included oral communication skills (listening and speaking) under the umbrella of literacy.
* As of 2021, the International Literacy Association uses "the ability to identify, understand, interpret, create, compute, and communicate using visual, audible, and digital materials across disciplines and in any context."
* The expression "reading literacy" is used by the Progress in International Reading Literacy Study (PIRLS), which has monitored international trends in reading achievement at the fourth grade level since 2001.
* Other organizations might include numeracy skills and technology skills separately but alongside literacy skills; still others emphasize the increasing involvement of computers and other digital technologies in communication that necessitates additional skills (e.g., interfacing with web browsers and word processing programs, organizing and altering the configuration of files, etc.).
* Some researchers define literacy as "particular ways of thinking about and doing reading and writing" with the purpose of understanding or expressing thoughts or ideas in written form in some specific context of use. In this view, humans in literate societies have sets of practices for producing and consuming writing, and they also have beliefs about these practices. Reading, in this view, is always reading something for some purpose; writing is always writing something for someone for some purpose. Beliefs about reading and writing and their value for society and for the individual always influence the ways literacy is taught, learned, and practiced.
The concept of multiliteracies has gained currency, particularly in English Language Arts curricula, on the grounds that reading "is interactive and informative, and occurs in ever-increasingly technological settings where information is part of spatial, audio, and visual patterns (Rhodes & Robnolt, 2009)". Objections have been raised that this concept downplays the importance of reading instruction that focuses on "alphabetic representations". However, these are not mutually exclusive, as children can become proficient in word-reading while engaging with multiliteracies.
Word reading is fundamental for multiple forms of communication. Beginning in the 1940s, the term literacy has often been used to mean having knowledge or skill in a particular field, such as:
* Disaster literacy – Proposed model for the ability to understand and use life-saving information, including the ability to respond and recover from disasters effectively
* Linguistic literacy – Ability to read, write, understand, and speak any type of language
* Quantitative literacy aka
* , e.g., body language, pictures, maps, and video
* Musical literacy – Refers to culturally determined systems of knowledge in music and to musical abilities.
* Disaster literacy – Proposed model for the ability to understand and use life-saving information, including the ability to respond and recover from disasters effectively
* Linguistic literacy – Ability to read, write, understand, and speak any type of language
* Quantitative literacy aka
* , e.g., body language, pictures, maps, and video
* Musical literacy – Refers to culturally determined systems of knowledge in music and to musical abilities.
* , e.g., body language, pictures, maps, and video
* Musical literacy – Refers to culturally determined systems of knowledge in music and to musical abilities.
Functional illiteracy
Functional illiteracy relates to adults and has been defined in different ways:
* Inability to use reading, writing, and calculation skills for their own and their community's development.
* Inability to read well enough to manage daily living and employment tasks that require reading skills beyond a basic level.
* Inability to understand complex texts despite adequate schooling, language skills, elementary reading skills, age, and IQ.
Functional illiteracy is distinguished from primary illiteracy (i.e., the inability to read and write a short, simple statement concerning one's own everyday life) and learning difficulties (e.g., dyslexia). These categories have been contested—as has the concept of "illiteracy" itself—for being predicated on narrow assumptions, primarily derived from school-based contexts, about what counts as reading and writing (e.g., comprehending and following instructions).
Origins
Script is thought to have developed independently at least five times in human history: in Mesopotamia, Egypt, the Indus civilization, lowland Mesoamerica, and China.
Between 3500 BCE and 3000 BCE, in southern Mesopotamia, the ancient Sumerians invented writing. During this era, literacy was "a largely functional matter, propelled by the need to manage the new quantities of information and the new type of governance created by trade and large scale production". Early writing systems first emerged as a recording system in which people used tokens with impressed markings to manage trade and agricultural production. The token system served as a precursor to early cuneiform writing once people began recording information on clay tablets. Proto-Cuneiform texts exhibit not only numerical signs but also ideograms depicting objects being counted. Though the traditional view had been that cuneiform literacy was restricted to a class of scribes, assyriologists including Claus Wilcke and Dominique Charpin have argued that functional literacy was somewhat widespread by the Old Babylonian period. Nonetheless, professional scribes became central to law, finances, accounting, government, administration, medicine, magic, divination, literature, and prayers.
Egyptian hieroglyphs emerged between 3300 BCE and 3100 BCE; the iconography emphasized power among royals and other elites. The Egyptian hieroglyphic writing system was the first notation system to have phonetic values; these symbols are called phonograms.
Writing in lowland Mesoamerica was first used by the Olmec and Zapotec civilizations in 900–400 BCE. These civilizations used glyphic writing and bar-and-dot numerical notation systems for purposes related to royal iconography and calendar systems.
The earliest written notations in China date back to the Shang dynasty in 1200 BCE. These systematic notations, inscribed on bones, recorded sacrifices made, tributes received, and animals hunted, which were activities of the elite. These oracle-bone inscriptions were the early ancestors of modern Chinese script and contained logosyllabic script and numerals. By the time of the consolidation of the Chinese Empire during the Qin and Han dynasties (c. 200 BCE), written documents were central to the formation and policing of a hierarchical bureaucratic governance structure reinforced through law. Within this legal order, written records kept track of and controlled citizen movements, created records of misdeeds, and documented the actions and judgments of government officials.
Indus script is largely pictorial and has not yet been deciphered; as such, it is unknown whether it includes abstract signs. It is thought that they wrote from right to left and that the script is logographic. Because it has not been deciphered, linguists disagree on whether it is a complete and independent writing system; however, it is generally thought to be an independent writing system that emerged in the Harappa culture.
Existing evidence suggests that most early acts of literacy were, in some areas (such as Egypt), closely tied to power and chiefly used for management practices, and probably less than 1% of the population was literate, as it was confined to a very small group. Scholarship by others, such as Dominique Charpin and a project from the European Union, however, suggest that this was not the case in all ancient societies: both Charpin and the EU's emerging scholarship suggest that writing and literacy were far more widespread in Mesopotamia than scholars previously thought.
Alphabetic writing
According to social anthropologist Jack Goody, there are two interpretations regarding the origin of the alphabet. Many classical scholars, such as historian Ignace Gelb, credit the Ancient Greeks for creating the first alphabetic system (c. 750 BCE) that used distinctive signs for consonants and vowels. Goody contests: "The importance of Greek culture of the subsequent history of Western Europe has led to an over-emphasis, by classicists and others, on the addition of specific vowel signs to the set of consonantal ones that had been developed earlier in Western Asia."
Many scholars argue that the ancient Semitic-speaking peoples of northern Canaan invented the consonantal alphabet as early as 1500 BCE. Much of this theory's development is credited to English archeologist Flinders Petrie, who, in 1905, came across a series of Canaanite inscriptions in the turquoise mines of Serabit el-Khadem. Ten years later, English Egyptologist Alan Gardiner reasoned that these letters contain an alphabet as well as references to the Canaanite goddess Asherah. In 1948, William F. Albright deciphered the text using new evidence, including a series of inscriptions from Ugarit. Discovered in 1929 by French archaeologist Claude F. A. Schaeffer, some of these inscriptions were mythological texts (written in an early Canaanite dialect) that consisted of a 30-letter cuneiform consonantal alphabet.
Another significant discovery was made in 1953 when three arrowheads were uncovered, each containing identical Canaanite inscriptions from 12th century BCE. According to Frank Moore Cross, these inscriptions consisted of alphabetic signs that originated during the transitional development from pictographic script to a linear alphabet. Moreover, he asserts, "These inscriptions also provided clues to extend the decipherment of earlier and later alphabetic texts".
The Canaanite script's consonantal system inspired alphabetical developments in later systems. During the Late Bronze Age, successor alphabets appeared throughout the Mediterranean region and were used in Phoenician, Hebrew, and Aramaic.
According to Goody, these cuneiform scripts may have influenced the development of the Greek alphabet several centuries later. Historically, the Greeks contended that their writing system was modeled after the Phoenicians. However, many Semitic scholars now believe that Ancient Greek is more consistent with an early form of Canaanite that was used c. 1100 BCE. While the earliest Greek inscriptions are dated circa 8th century BCE, epigraphical comparisons to Proto-Canaanite suggest that the Greeks may have adopted the consonantal alphabet as early as 1100 BCE and later "added in five characters to represent vowels".
Phoenician, which is considered to contain the first linear alphabet, rapidly spread to Mediterranean port cities in northern Canaan. Some archeologists believe that Phoenician influenced the Hebrew and Aramaic alphabets, as these languages evolved during the same time period, share similar features, and are commonly categorized into the same language group.
When the Israelites migrated to Canaan between 1200 and 1000 BCE, they adopted a variation of the Canaanite alphabet. Baruch ben Neriah, Jeremiah's scribe, used this alphabet to create the later scripts of the Old Testament. The early Hebrew alphabet was prominent in the Mediterranean region until Neo-Babylonian rulers exiled the Jews to Babylon in the 6th century BCE. It was then that the new script (Square Hebrew) emerged, and the older one rapidly died out.
The Aramaic alphabet also emerged sometime between 1200 and 1000 BCE. Although early examples are scarce, archeologists have uncovered a wide range of later Aramaic texts, written as early as the seventh century BCE. In the Near East, it was common to record events on clay using the cuneiform script; however, writing Aramaic on leather parchments became common during the Neo-Assyrian empire. With the rise of the Persians in the 5th century BCE, Achaemenid rulers adopted Aramaic as the "diplomatic language".
Darius the Great standardized Aramaic, which became the Imperial Aramaic script. This Imperial Aramaic alphabet rapidly spread: west, to the Kingdom of Nabataea, then to the Sinai and Arabian peninsulas, eventually making its way to Africa; and east, where it later influenced the development of the Brahmi script in India. Over the next few centuries, Imperial Aramaic script in Persia evolved into Pahlavi, "as well as for a range of alphabets used by early Turkish and Mongol tribes in Siberia, Mongolia and Turkestan". During this period, literacy spread among the merchant classes, and 15-20% of the total population may have been literate.
The Aramaic language declined with the spread of Islam, which was accompanied by the spread of Arabic.
Antiquity
Until recently, it was thought that the majority of people were illiterate in the classical world, though recent work challenges this perception. Anthony DiRenzo asserts that Roman society was "a civilization based on the book and the register" and that "no one, either free or slave, could afford to be illiterate". Similarly, Dupont points out, "The written word was all around them, in both public and private life: laws, calendars, regulations at shrines, and funeral epitaphs were engraved in stone or bronze. The Republic amassed huge archives of reports on every aspect of public life." The imperial civilian administration produced masses of documentation used in judicial, fiscal, and administrative matters, as did the municipalities. The army kept extensive records relating to supply and duty rosters and submitted reports. Merchants, shippers, and landowners (and their personal staffs), especially of the larger enterprises, must have been literate.
In the late fourth century, the Desert Father Pachomius would expect the literacy of a candidate for admission to his monasteries: "They shall give him twenty Psalms or two of the Apostles' epistles or some other part of Scripture. And if he is illiterate he shall go at the first, third and sixth hours to someone who can teach and has been appointed for him. He shall stand before him and learn very studiously and with all gratitude. The fundamentals of a syllable, the verbs and nouns shall all be written for him and even if he does not want to he shall be compelled to read."
During the 4th and 5th centuries, the Church made efforts to ensure a better clergy, especially the bishops, who were expected to have a classical education—the hallmark of a socially acceptable person in higher society. Even after the remnants of the Western Roman Empire fell in the 470s, literacy continued to be a distinguishing mark of the elite, as communication skills were still important in political and church life (bishops were largely drawn from the senatorial class) in a new cultural synthesis that made "Christianity the Roman religion". However, these skills were less needed in the absence of a large imperial administrative apparatus whose middle and top echelons were dominated by the elite. Even so, in pre-modern times, it is unlikely that literacy was found in more than about 30–40% of the population. During the Dark Ages, the highest percentage of literacy was found among the clergy and monks, as they made up much of the staff needed to administer the states of western Europe.
An abundance of graffiti written in the Nabataean script dating back to the beginning of the first millennium CE has been taken to imply a relatively high degree of literacy among the general population in the ancient Arabic-speaking world.
Medieval and early modern eras
Post-Antiquity illiteracy was made worse by the lack of a suitable writing medium, as when the Western Roman Empire collapsed, the import of papyrus to Europe ceased. Since papyrus perishes easily and does not last well in the wetter European climate, parchment was used, which was expensive and accessible only by the church and the wealthy. Paper was introduced into Europe via Spain in the 11th century and spread north slowly over the next four centuries. Literacy saw a resurgence as a result, and by the 15th century, paper was widespread.
The Reformation stressed the importance of literacy and being able to read the Bible. The Protestant countries were the first to attain full literacy.
In a more secular context, inspired by the Enlightenment, Sweden implemented programs in 1723 aimed at making the population fully literate. Other countries implemented similar measures at this time. These included Denmark in 1739, Poland in 1783, and France in 1794/5.
Literacy was well established in early 18th century England, when books geared towards children became far more common. Near the end of the century, as many as 50 were printed every year in major cities around England.
Industrialization
In the 19th century, reading would become even more common in the United Kingdom. Public notes, broadsides, handbills, catchpennies and printed songs would have been usual street literature before newspapers became common. Other forms of popular reading material included advertising for events, theaters, and goods for sale.
In his 1836/1837 Pickwick Papers Charles Dickens's said that: "even the common people, both in town and country, are equally intense in their admiration. Frequently, have we seen the butcher-boy, with his tray on his shoulder, reading with the greatest avidity the last 'Pickwick'; the footman (whose fopperies are so inimitably laid bare), the maidservant, the chimney sweep, all classes, in fact, read 'Boz'."
From the mid-19th century onward, the Second Industrial Revolution saw technological improvements in paper production. The new distribution networks, enabled by improved roads and rail, resulted in an increased capacity to supply printed material. Social and educational changes increased the demand for reading matter, as rising literacy rates, particularly among the middle and working classes, created a new mass market for printed material. Wider schooling helped increase literacy rates, which in turn helped lower the cost of publication.
Unskilled labor forces were common in Western Europe, and, as British industry improved, more engineers and skilled workers who could handle technical instructions and complex situations were needed. Literacy was essential to be hired. A senior government official told Parliament in 1870: "Upon the speedy provision of elementary education depends our industrial prosperity. It is of no use trying to give technical teaching to our citizens without elementary education; uneducated labourers—and many of our labourers are utterly uneducated—are, for the most part, unskilled labourers, and if we leave our work–folk any longer unskilled, notwithstanding their strong sinews and determined energy, they will become overmatched in the competition of the world."
In the late 19th century, gas and electric lighting were becoming more common in private homes, replacing candlelight and oil lamps, enabling reading after dark and increasing the appeal of literacy.
Modern proliferation (1950 – present)
Data published by UNESCO shows that the worldwide literacy rate among adults has increased, on average, by 5 percentage points every decade since 1950, from 55.7% in 1950 to 86.2% in 2015. Due to rapid population growth, while the percentage of adults who were illiterate decreased, the actual number of illiterate adults increased from 700 million in 1950 to 878 million in 1990, before starting to decrease and falling to 745 million by 2015. The number of illiterate adults remains higher than in 1950, "despite decades of universal education policies, literacy interventions and the spread of print material and information and communications technology (ICT)".
Regional disparities
Available global data indicates significant variations in literacy rates between world regions. North America, Europe, West Asia, and Central Asia have almost achieved full literacy for men and women aged 15 or older. Most countries in East Asia and the Pacific, as well as Latin America and the Caribbean, have adult literacy rates over 90%. In other regions, illiteracy persists at higher rates; as of 2013, the adult literacy rate in South Asia and North Africa was 67.55% and 59.76% in Sub-Saharan Africa. In much of the world, high youth literacy rates suggest that illiteracy will become less common as more educated younger generations replace less educated older ones. However, in sub-Saharan Africa and South Asia, where the vast majority of the world's illiterate youth live, lower school enrollment implies that illiteracy will persist to a greater degree. According to 2013 data, the youth literacy rate (ages 15 to 24) is 84% in South Asia and North Africa and 70% in sub-Saharan Africa.
However, the distinction between literacy and illiteracy is not clear-cut. Given that having a literate person in the household confers many of the benefits of literacy, some recent literature in economics, starting with the work of Kaushik Basu and James Foster, distinguishes between a "proximate illiterate" and an "isolated illiterate". A "proximate illiterate" lives in a household with literate members, while an "isolated illiterate" lives in a household where everyone is illiterate. Isolated illiteracy is more common among older populations in wealthier nations, where people are less likely to live in multigenerational households with potentially literate relatives. A 2018/2019 UNESCO report noted that "conversely, in low and lower middle income countries, isolated illiteracy is concentrated among younger people," along with increased rates among rural populations and women. This evidence indicates that illiteracy is a complex phenomenon with multiple factors impacting rates of illiteracy and the type of illiteracy one may experience.
Literacy has rapidly spread in several regions in the last twenty-five years, and the United Nations's global initiative with Sustainable Development Goal 4 is also gaining momentum.
Social impact and demographics
The traditional concept of literacy widened as a consensus emerged among researchers in composition studies, education research, and anthropological linguistics that it makes little sense to speak of reading or writing outside of a specific context, with linguist James Paul Gee describing it as "simply incoherent." For example, even the extremely early stages of acquiring mastery over symbol shapes take place in a particular social context (even if that context is "school"), and, after print acquisition, every instance of reading or writing will be for a specific purpose and occasion with particular readers and writers in mind. Reading and writing, therefore, are never separable from social and cultural elements. A corollary point made by David Barton and Rosalind Ivanić, among others, is that the cognitive and societal effects of acquiring literacy are not easily predictable, since, as Brian Street has argued, "the ways in which people address reading and writing are themselves rooted in conceptions of knowledge, identity, and being." Consequently, as Jack Goody has documented, historically, literacy has included the transformation of social systems that rely on literacy and the changing uses of literacy within those evolving systems.
Gender
According to 2015 data collected by the UNESCO Institute for Statistics, about two-thirds (63%) of the world's illiterate adults are women. This disparity was even starker in previous decades, and from 1970 to 2000, the global gender gap in literacy decreased significantly. In recent years, however, this progress has stagnated, with the gender gap holding almost constant over the last two decades. In general, the gender gap in literacy is not as pronounced as the regional gap; that is, differences between countries are often larger than gender differences within countries.
Sub-Saharan Africa has the lowest overall literacy rate and the widest gender gap: 52% of adult women and 68% of adult men are literate. A similar gender disparity exists in North Africa, where 70% of adult women are literate versus 86% of adult men. In South Asia, 58% of adult women and 77% of adult men are literate.
The 1990 World Conference on Education for All, held in Jomtien, Thailand, brought attention to the literacy gender gap and prompted many developing countries to prioritize women's literacy.
In many contexts, female illiteracy coexists with other aspects of gender inequality. Martha Nussbaum says illiterate women are more vulnerable to becoming trapped in an abusive marriage, given that illiteracy limits their employment opportunities and worsens their position when negotiating within the household. Moreover, Nussbaum links literacy to the ability for women to effectively communicate and collaborate with one another "to participate in a larger movement for political change."
Challenges of increasing female literacy
Social barriers can limit opportunities to increase literacy skills among women and girls; making literacy classes available can be ineffective when it conflicts with the use of the valuable limited time of women and girls. School-age girls may face more expectations than their male counterparts to perform household work and care for younger siblings. Generational dynamics can also perpetuate these disparities; illiterate parents may not readily appreciate the value of literacy for their daughters, particularly in traditional, rural societies with expectations that girls will remain at home.
A World Bank and International Center for Research on Women review of academic literature concluded that child marriage, which predominantly impacts girls, tends to reduce literacy levels. A 2008 analysis of the issue in Bangladesh found that for every additional year a girl's marriage is delayed, her likelihood of literacy increases by 5.6%. Similarly, a 2014 study found that in sub-Saharan Africa, marrying early significantly decreases a girl's probability of literacy, even after accounting for other variables. Therefore, a 2015 literature review recommended marriage postponement as part of a strategy to increase educational attainment levels, including female literacy.
Gender gap for boys in developed countries
While women and girls comprise the majority of the global illiterate population, in many developed countries, a literacy-gender gap exists in the opposite direction. Data from the Programme for International Student Assessment has consistently shown the literacy underachievement of boys within member countries of the Organisation for Economic Co-operation and Development (OECD). In view of such findings, many education specialists have recommended changing classroom practices to better accommodate boys' learning styles and removing any gender stereotypes that may create the perception that reading and writing are feminine activities.
Socioeconomic impact
Many policy analysts consider literacy rates to be a crucial measure of the value of a region's human capital. For example, literate people can be more easily trained than illiterate people and generally have a higher socioeconomic status; thus, they enjoy better health and employment prospects. The international community has come to consider literacy as a key facilitator and goal of development. In regard to the Sustainable Development Goals adopted by the UN in 2015, the UNESCO Institute for Lifelong Learning has declared the "central role of literacy in responding to sustainable development challenges such as health, social equality, economic empowerment and environmental sustainability."
A majority of prisoners have been found to be illiterate, and in Edinburgh prison, winner of the 2010 Libraries Change Lives Award, "the library has become the cornerstone of the prison's literacy strategy", reducing recidivism and reoffending and allowing incarcerated people to work toward attaining higher socioeconomic status once released.
Effects on literacy learning
As socioeconomics affects brain development and brain functions are heavily involved in processing both input and output, a learner's environment can affect the cognitive process of learning how to read and write. Before a child enters a school setting, their executive function is influenced by their home environment. Research demonstrates that for children who grow up in poverty, their socioeconomic circumstances severely strain their "neuro-endocrine and brain function". This affects a child's ability to regulate environmental stimuli, process and structure information, and plan and effectively execute tasks that involve their working memory —all of these are necessary cognitive facilities to successfully learn how to read and write. Living in poverty is stressful for all involved but is cognitively damaging for young children.
A study done by NICHD indicates that socioeconomics plays a role for children who are young when the family experiences poverty, but shows no indication of adverse effects on reading achievement or behavior for adolescents entering poverty. The data extensively shows that children from low socioeconomic backgrounds have poorer literacy performance, especially in reading. A study done by the OECD, which included over 25 countries in Europe, found that in all studied countries, students who lived in low-income households scored lower in reading than students who lived in high-income households.
Parenting also affects a child's literacy. Field research was done by collecting data from families that were upper, middle, or lower class, or on welfare. The results found that, in a 100-hour week, children in upper-class households experienced an average of over 200,000 words, those in middle- and lower-class households heard about 125,000 words, and children from households on welfare were exposed to the fewest words—62,000 words. This indicates that a child from an upper-class family would be exposed to 8 million more words than a child from a family on welfare. Outside of word exposure, which is essential for word acquisition, the National Center for Educational Statistics found that 41.9% of children from low-income families scored substantially lower on most reading achievements for grades 4, 8, and 12 in 2013.
According to a study performed by ANOVA, multiple socioeconomic variables influence children, such as parental education level, parental occupation, health history, and even usage of technology within the home. With these factors in mind, their study showed that young children are especially susceptible to environmental factors, meaning socioeconomics affects them cognitively and can have adverse effects as their brains continue to develop. However, another study done by the National Longitudinal Survey of Youth (NLSY) suggests a slightly different conclusion. While the study agrees that poverty negatively affects childhood literacy, some nuances are added. In both studies, children who experienced poverty scored lower in reading assessments, but the NLSY's study noted that the duration of poverty altered the literacy outcome. It found that children ages 5–11 who experienced "persistent poverty" were more adversely affected than their peers who never experienced poverty. The study acknowledged that other factors affected these children's reading scores, particularly maternal influence. The mothers of these households were scaled based on a "home environment" score, which measured their emotional and verbal responsiveness, acceptance, and involvement with the child and organization. Households experiencing poverty tended to have lower scores, and lower scores correlated with lower reading levels. The study also showed that the effects of poverty on child literacy differed by ethnicity, culture, and gender.
Health impacts
Print illiteracy generally corresponds with less knowledge about modern health, hygiene, and nutritional practices, and a lack of knowledge can exacerbate a range of health issues. Within developing countries in particular, literacy rates also have implications for child mortality; in these contexts, children of literate mothers are 50% more likely to live past age 5 than children of illiterate mothers. Therefore, public health research has increasingly focused on the potential for literacy skills to allow women to more successfully access healthcare and thereby facilitate gains in child health.
A 2014 descriptive research survey project correlates literacy levels with the socioeconomic status of women in Oyo State, Nigeria. The study shows that developing literacy in the region will bring "economic empowerment and will encourage rural women to practice hygiene, which will in turn lead to the reduction of birth and death rates."
Economic impacts
Literacy can increase job opportunities and access to higher education. In 2009, the National Adult Literacy Agency in Ireland commissioned a cost–benefit analysis of adult literacy training, which concluded that there were economic gains for the individuals, the companies they worked for, and the Exchequer, as well as the economy and the country as a whole (e.g., increased GDP).
Korotayev and coauthors found a rather significant correlation between the level of literacy in the early 19th century and successful modernization and economic breakthroughs in the late 20th century, as "literate people could be characterized by a greater innovative-activity level, which provides opportunities for modernization, development, and economic growth."
Lifespan development and promotion efforts
While informal learning within the home can play an important role in literacy development, gains in childhood literacy often occur in primary school settings. Continuing the global expansion of public education is thus a frequent focus of literacy advocates. These kinds of broad improvements in education often require centralized efforts by national governments; however, local literacy projects implemented by NGOs can play an important role, particularly in rural contexts.
Funding for both youth and adult literacy programs often comes from large international development organizations. USAID, for example, steered donors like the Bill and Melinda Gates Foundation and the Global Partnership for Education toward the issue of childhood literacy by developing the Early Grade Reading Assessment. Advocacy groups like the National Institute of Adult Continuing Education have frequently called upon international organizations such as UNESCO, the International Labour Organization, the World Health Organization, and the World Bank to prioritize support for adult women's literacy. Efforts to increase adult literacy often encompass other development priorities as well; for example, initiatives in Ethiopia, Morocco, and India have combined adult literacy programs with vocational skills trainings in order to encourage program enrollment and address the complex needs of women (and other marginalized groups) who lack economic opportunities.
In 2013, the UNESCO Institute for Lifelong Learning published a set of case studies on programs that successfully improved female literacy rates. The report features countries from a variety of regions and differing income levels, reflecting the general global consensus on "the need to empower women through the acquisition of literacy skills." Part of the impetus for UNESCO's focus on literacy is a broader effort to respond to globalization and "the shift towards knowledge-based societies" that it has produced. While globalization presents emerging challenges, it also provides new opportunities. Many education and development specialists are hopeful that new ICTs will expand literacy learning opportunities for children and adults, even in countries that have historically struggled to improve literacy rates through more conventional means.
Although most people acquire literacy during childhood, it continues to develop throughout life; literacy is not a skill that is fixed once a person leaves school but remains malleable across the entire lifespan. Among adults, both gains and losses in literacy occur in roughly equal measure, sometimes over relatively short periods of a few years. Even adults with very low literacy levels can acquire literacy over time. Whether a person experiences gains or losses depends on a range of factors, and one of the key factors are the demands and opportunities to engage in literary practices in the workplace, home, or other contexts.
Literacy as a development indicator
The Human Development Index, produced by the United Nations Development Programme (UNDP), uses education as one of its three indicators. Originally, adult literacy represented two-thirds of this education index weight. In 2010, however, the UNDP replaced the adult literacy measure with mean years of schooling. A 2011 UNDP research paper frames this change as a way to "ensure current relevance", arguing that gains in global literacy already achieved between 1970 and 2010 mean that literacy will be "unlikely to be as informative of the future." Other scholars, however, have since warned against overlooking the importance of literacy as an indicator and goal for development, particularly for marginalized groups such as women and rural populations.
The World Bank, along with the UNESCO Institute for Statistics, has developed the Learning Poverty concept and an associated measure that measures the proportion of students who are unable to read and understand a simple story by age 10. In low- and middle-income countries, 53% of children are "learning-poor", as are up to 80% of children in poor countries. In fact, these new measures indicate that these high rates of illiteracy are an "early warning sign that SDG 4 for education and all related global goals are in jeopardy." Current progress in improving literacy rates is seen as much too slow to meet the SDG goals, as at the current rate, approximately 43% of children will still be learning poorly by 2030.
The Programme for International Student Assessment (PISA) assesses children on reading and math skills at age 15. PISA-D encourages and facilitates PISA testing in low- and middle-income countries. In 2019, "PISA-D results reveal exceptionally low scores for participating countries. Only 23 percent of students tested achieved the minimum level of proficiency in reading, compared with 80 percent of OECD." Minimum proficiency requires students to "read 'simple and familiar texts and understand them literally', as well as demonstrating some ability to connect pieces of information and draw inferences."
Measuring literacy
In 2020, the UNESCO Institute for Statistics estimated the global literacy rate at 86.68%. It is important to understand how literacy rates have been measured in the past as well as how they are currently being measured. Starting in 1975, the head of a household answered a simple yes-or-no question asking whether household members could read and write; in 1988, some countries started using self-reporting as well. Self-reported data is subjective and has several limitations. First, a simple yes-or-no question does not capture the continuum of literacy. Second, self-reports are dependent on what each individual interprets "reading" and "writing" to mean. In some cultures, drawing a picture may be understood as writing one's name. Lastly, many of the surveys asked one individual to report literacy on behalf of others, which "introduces further noise, in particular when it comes to estimating literacy among women and children, since these groups are less often considered 'head of household'".
In 2007, several countries began introducing literacy tests as a more accurate measurement of literacy rates, including Liberia, South Korea, Guyana, Kenya, and Bangladesh. However, in 2016, the majority of counties still reported literacy through either self-reported measures or other indirect estimates.
These indirect measurements are potentially problematic, as many countries measure literacy based on years of schooling. In Greece, an individual is considered literate if they have finished six years of primary education, while in Paraguay, individuals are considered literate if they have completed just two years of primary school.
However, emerging research reveals that educational attainment (e.g., years of schooling) does not perfectly correlate with literacy. Literacy tests show that in many low-income countries, a large proportion of students who have attended two years of primary school cannot read a single word. These rates are as high as 90% of second-grade students in Malawi, 85.4% in rural India, 83% in Ghana, and 64% in Uganda. In India, over 50% of Grade 5 students have not mastered Grade 2 literacy. In Nigeria, only about 1 in 10 women who completed Grade 6 can read a single sentence in their native language. This data reveals that literacy rates measured by using years of schooling as a proxy are potentially unreliable and do not reflect the true literacy rates of populations.
Literacy as a human right
Unlike medieval times, when reading and writing skills were restricted to a few elites and the clergy, literacy skills are now expected from every member of society. Literacy is therefore considered a human right, essential for lifelong learning and social change, as supported by the 1996 Report of the International Commission on Education for the Twenty-First Century and the 1997 Hamburg Declaration: "Literacy, broadly conceived as the basic knowledge and skills needed by all in a rapidly changing world, is a fundamental human right. (...) There are millions, the majority of whom are women, who lack opportunities to learn or who have insufficient skills to be able to assert this right. The challenge is to enable them to do so. This will often imply the creation of preconditions for learning through awareness raising and empowerment. Literacy is also a catalyst for participation in social, cultural, political and economic activities, and for learning throughout life."
In 2016, the European Literacy Policy Network (an association of European literacy professionals) published a document entitled the European Declaration of the Right to Literacy. It states that: "Everyone in Europe has the right to acquire literacy. EU Member States should ensure that people of all ages, regardless of social class, religion, ethnicity, origin and gender, are provided with the necessary resources and opportunities to develop sufficient and sustainable literacy skills in order to effectively understand and use written communication be in handwritten, in print or digital form."
Teaching literacy
In school, reading and writing are often taught as separate skills. However, children show curiosity about the written word and begin to experiment with both in a process of emergent literacy and making sense of (and using) the writing system they see used around them. Every new piece of writing draws on previous reading through a process of intertextuality, sometimes explicitly through citation, as in academic writing, and writing about reading is one of the major approaches for teaching writing in higher education. Intertextuality, however, can also be implicit through well-known, recognizable phrases from specific works or genres or through the development of a distinct writing style. Evidence has supported the integration of reading and writing at all levels of schooling, as improvement in one area supports the other. A series of metastudies have examined the effectiveness of various methods of teaching writing, revealing that attention to context, cognitive/motivational factors, and the instruction strategy, among other things, are important.
Critiques of autonomous models of literacy notwithstanding, the belief that reading development is key to literacy remains dominant, at least in the United States, where it is understood as the progression of skills that begins with the ability to understand spoken words and decode written words and culminates in the deep understanding of the text. Reading development involves a range of complex language underpinnings, including awareness of speech sounds (phonology), spelling patterns (orthography), word meaning (semantics), syntax, and patterns of word formation (morphology), all of which provide a necessary platform for reading fluency and comprehension. Once these skills are acquired, it is believed a reader can attain full language literacy, which includes the abilities to apply to printed material critical analysis, inference, and synthesis; to write with accuracy and coherence; and to use information and insights from text as the basis for informed decisions and creative thought.
For this reason, teaching English reading literacy in the United States is dominated by a focus on a set of discrete decoding skills. From this perspective, literacy—or rather, reading—comprises a number of sub-skills that can be taught to students. These sub-skills include phonological awareness, phonics decoding, fluency, comprehension, and vocabulary. Mastering each of these sub-skills is necessary for students to become proficient readers.
From this same perspective, readers of alphabetic languages must understand the alphabetic principle to master basic reading skills. For this purpose, a writing system is "alphabetic" if it uses symbols to represent phonemes (individual language sounds), though the degree of correspondence between letters and sounds varies between alphabetic languages. Syllabic writing systems (such as Japanese kana) use a symbol to represent a single syllable, and logographic writing systems (such as Chinese) use a symbol to represent a morpheme.
There are a number of approaches to teaching reading. Each is shaped by its assumptions about what literacy is and how it is best learned by students. Phonics instruction, for example, focuses on reading at the level of letters or symbols and their sounds (i.e., sublexical). It teaches readers to decode the letters, or groups of letters, that make up a word. A common method of teaching phonics is synthetic phonics, in which a novice reader pronounces each individual sound and blends them to pronounce the whole word. Another approach is embedded phonics instruction, used more often in whole language reading instruction, in which novice readers learn about the individual letters in words on a just-in-time, just-in-place basis that is tailored to meet each student's reading and writing learning needs. That is, teachers provide phonics instruction opportunistically, within the context of stories or student writing that feature repeat instances of a particular letter or group of letters. Embedded instruction combines letter-sound knowledge with the use of meaningful context to read new and difficult words. Techniques such as directed listening and thinking activities can be used to aid children in learning how to read and in reading comprehension. For students at both primary and secondary levels, writing about what they read as they are learning to write has been found to also be effective in improving their reading skills.
The two most commonly used approaches to reading instruction are structured literacy instruction and balanced literacy instruction. The structured literacy approach explicitly and systematically focuses on phonological awareness, word recognition, phonics, decoding, spelling, and syntax at both the sentence and paragraph levels. The balanced literacy approach, as the name suggests, balances emphasis on phonics and decoding; shared, guided, and independent reading; and grapheme representations with context and imagery. Both approaches have their critics—those who oppose structured literacy claim that by restricting students to phonemes, their fluency development is limited; critics of balanced literacy claim that if phonics and decoding instruction are neglected, students will have to rely on compensatory strategies when confronted with unfamiliar text.
These strategies are taught to students as part of the balanced literacy approach based on a theory about reading development called the three-cueing system. As the name suggests, the three-cueing system uses three cues to determine the meaning of words: grapho-phonetic cues (letter-sound relationships); syntactic cues (grammatical structure); and semantic cues (a word making sense in context). However, cognitive neuroscientist Mark Seidenberg and professor Timothy Shanahan do not support the theory. They say the three-cueing system's value in reading instruction "is a magnificent work of the imagination", and it developed not because teachers lack integrity, commitment, motivation, sincerity, or intelligence, but because they "were poorly trained and advised" about the science of reading. In England, the simple view of reading and synthetic phonics are intended to replace "the searchlights multi-cueing model".
In his 2009 book Reading in the Brain, cognitive neuroscientist Stanislas Dehaene said "cognitive psychology directly refutes any notion of teaching via a 'global' or 'whole language' method." He goes on to talk about "the myth of whole-word reading", saying it has been refuted by recent experiments. "We do not recognize a printed word through a holistic grasping of its contours, because our brain breaks it down into letters and graphemes."
However, a 2012 hypothesis proposed that reading might be acquired naturally, in the same manner as spoken language, if print is constantly available at an early age. According to this theory, if an appropriate form of written text is made available before formal schooling begins, reading should be learned inductively, emerge naturally, and have no significant negative consequences. This proposal challenges the commonly held belief that written language requires formal instruction and schooling; thus, its success would change current views of literacy and schooling. Using developments in behavioral science and technology, Technology-Assisted Reading Acquisition (TARA), an interactive system, would enable young pre-literate children to accurately perceive and learn the properties of written language through simple exposure to the written form.
In Australia, a number of state governments have introduced Reading Challenges to improve literacy. The Premier's Reading Challenge in South Australia, launched by Premier Mike Rann, has one of the highest participation rates in the world for reading challenges. It has been embraced by more than 95% of public, private, and religious schools.
Post-conflict settings
Programs have been implemented in regions that have an ongoing conflict or are in a post-conflict stage. The Norwegian Refugee Council Pack program has been used in 13 post-conflict countries since 2003. The program organizers believe that daily routines and otherwise predictable activities help ease the transition from war to peace. Learners can select one area of vocational training for a year-long period; they also complete required courses in agriculture, life skills, literacy, and numeracy. Results have shown that active participation and management of the members of the program are important to the success of the program. These programs share the use of integrated basic education, e.g., literacy, numeracy, scientific knowledge, local history and culture, native and mainstream language skills, and apprenticeships.
Teaching migrant, immigrant, and non-native users
Although there is considerable awareness that language deficiencies, including a lack of proficiency, are disadvantageous to immigrants settling into a new country, there is a lack of pedagogical approaches to teaching literacy to migrant English-language learners (ELLs). Harvard scholar Catherine Snow called for the gap to be addressed: "The TESOL field needs a concerted research effort to inform literacy instruction for such children—to determine when to start literacy instruction and how to adapt it to the LS reader's needs." Recent developments to address the gap in teaching literacy to foreign language learners have been ongoing, with promising results seen with a curricular framework from the Harvard Graduate School of Education, which integrates Teaching for Understanding.
A series of pilot projects have been carried out in the Middle East and Africa, and significant interest from the learners has been seen in the use of visual arts as springboards for literacy-oriented instruction. In one project, migrant women were provided with cameras and took the instructor on a walking tour of their village. There, they photographed places and activities that would later be used for writings about their daily lives—in essence, a narrative of life. Other primers for writing activities include painting, sketching, and other craft projects.
In another series of pilot studies, alternatives to instructing literacy to migrant English-language learners were investigated, starting with simple trials aiming to test the effects of teaching photography to participants with no prior photography background and then painting and sketching activities that could later be integrated into a larger pedagogical initiative. In efforts to develop alternative approaches for literacy instruction utilizing visual arts, work was carried out with Afghan laborers, Bangladeshi tailors, Emirati media students, internal Ethiopian migrants (both laborers and university students), and a street child.
It should be pointed out that in these challenging contexts, sometimes the teaching of literacy may have unforeseen barriers. The EL Gazette reported that in the trials carried out in Ethiopia, for example, it was found that all ten of the participants had problems with vision. In order to overcome this or avoid such challenges, preliminary health checks can help inform pre-teaching in order to better assist in the teaching and learning of literacy.
Using a visual arts approach to literacy instruction can provide benefits by incorporating a traditional literacy approach (reading and writing) while also addressing 21st-century digital literacy through the use of digital cameras and posting images onto the web. Many scholars, such as Hutchison and Woodward, feel that it is necessary to include digital literacy under the traditional umbrella of literacy instruction, specifically when engaging second language learners.
A visual arts approach to literary instruction for migrant populations can also be blended with core curricular goals.
A pressing challenge in education is the instruction of literacy to migrant English-language learners (MELLs), a term coined by Pellerine and not limited to English. "Due to the growing share of immigrants in many Western societies, there has been increasing concern for the degree to which immigrants acquire language that is spoken in the destination country".
While learning literacy in one's first language can be challenging, the challenge becomes even more cognitively demanding when learning a second language. The task can become considerably more difficult when confronted by a migrant who has made a sudden change by immigrating and requires the second language immediately upon arrival. In most instances, a migrant will not have the opportunity to start school again in grade one and acquire the language naturally; instead, alternative interventions need to take place. In these cases, a visual arts approach can be helpful—taking a photo, sketching an event, or painting an image have been seen as effective ways to understand the intention of the learner as they can incorporate orality.
In the above image, from left to right:
* An image taken during a phototour of the participant's village. This image is of the individual at her shop with one of the products she sells: dung for cooking fuel. The image helps the instructor understand the realities of the participant's daily life, and most importantly, it gives the participant the opportunity to determine what is important to them.
* An image of a student explaining to a group and elaborating on a drawn series of milestones in her life. This student had a very basic ability and, with some help, was able to write brief captions under the images. While she speaks, her story is recorded to help her understand and develop it in the new language.
* A painting created by composite in a graphics editing program. With further training, participants can learn how to blend images, thereby introducing elements of digital literacy that are beneficial in many spheres of life in the 21st century.
In a study based in Ethiopia, participants were asked to rate their preference for activity on a scale of 1–10. The survey prompt was: "On a scale of 1 to 10, how would you rate photography as an activity that helped you get inspiration for your writing activities (think of enjoyment and usefulness)?" The activities used as primers for writing were rated, in order of preference: More research would need to be conducted to confirm such trends.
* Photography: 97%
* Oral presentations/sharing your art: 92%
* Process painting: 84%
* Painting: 82%
* Sketching: 78%
* Gluing activities: 72%
* Stencil/tracing activities: 60%
Authorship programs have been successful in bringing student work together in book format as part of the program's culmination. These books can be used to document learning, and more importantly, to reinforce language and content goals.
The collection of such writings into books can trigger both intrinsic and extrinsic motivation. Feedback by students involved in such initiatives indicates that the healthy pressures of collective and collaborative work were beneficial.
United Kingdom
On average, girls do better than boys at English, yet nearly one in ten young adult women have poor reading and writing skills in the UK in the 21st century, which seriously damages their employment prospects. Many are trapped in poverty but hide their lack of reading skills due to social stigma.
England
Literacy is first documented to have occurred in the area of modern England on 24 September 54 BCE, when Julius Caesar and Quintus Cicero wrote to Marcus Cicero "from the nearest shores of Britain". Literacy was widespread under Roman rule but became very rare, limited almost entirely to churchmen, after the fall of the Western Roman Empire. In 12th and 13th century England, the ability to recite a particular passage from the Bible (Psalm 51) in Latin entitled a common law defendant to the benefit of clergy and trial before an ecclesiastical court, where sentences were more lenient, instead of a secular one, where hanging was a likely sentence. Thus, literate defendants often claimed the benefit of clergy, while an illiterate person who had memorized the psalm used in the literacy test could also claim the benefit of clergy.
Despite lacking a system of free and compulsory primary schooling, England reached near universal literacy in the 19th century as a result of shared, informal learning provided by family members, fellow workers, or benevolent employers. Even with near-universal literacy, the gap between male and female rates persisted until the early 20th century. Many women in the West during the 19th century were able to read but unable to write.
Wales
Formal higher education in the arts and sciences in Wales, from the Middle Ages to the 18th century, was limited to the wealthy and the clergy. Following the Roman occupation and the conquest by the English, education in Wales was at a low point during the early modern period; in particular, formal education was only available in English while the majority of the population spoke only Welsh. The first modern grammar schools were established in Welsh towns such as Ruthin, Brecon, and Cowbridge. One of the first modern national education methods to use the native Welsh language was started by Griffith Jones in 1731. Jones became rector of Llanddowror in 1716 and remained there for the rest of his life. He organized and introduced a Welsh language-circulating school system, which was attractive and effective for Welsh speakers, while also teaching them English, which gave them access to broader educational sources. The circulating schools may have taught half the country's population to read. Literacy rates in Wales by the mid-18th century were one of the highest.
Continental Europe
The ability to read did not necessarily mean the ability to write. The 1686 church law (kyrkolagen) of the Kingdom of Sweden (modern Sweden, Finland, Latvia, and Estonia) made literacy compulsory, and by 1800, the percent of people able to read was close to 100%. This was directly dependent on the need to read religious texts in the Lutheran faith in Sweden and Finland; as a result, literacy in these countries was specifically focused on reading. However, as late as the 19th century, many Swedes, especially women, could not write. Iceland was an exception, as it achieved widespread literacy without formal schooling, libraries, or printed books via informal tuition by religious leaders and peasant teachers.
Historian Ernest Gellner argues that Continental European countries were far more successful in implementing educational reform because their governments were more willing to invest in the population as a whole. Government oversight allowed countries to standardize curriculum and secure funding through legislation, thus enabling educational programs to have a broader reach.
Although present-day concepts of literacy have much to do with the 15th-century invention of the movable type printing press, it was not until the Industrial Revolution of the mid-19th century that paper and books became affordable to all classes of industrialized society. Until then, only a small percent of the population was literate, as only wealthy individuals and institutions could afford the materials. Even, the cost of paper and books is a barrier to universal literacy in some developing nations.
On the other hand, historian Harvey Graff argues that the introduction of compulsory education was, in part, an effort to control the type of literacy the working class had access to. According to Graff, learning was increasing outside of formal settings (e.g., schools), and this uncontrolled, potentially critical, reading could lead to increased radicalization of the populace. In his view, mass schooling was meant to temper and control literacy, not spread it. Graff also says, using the example of Sweden, that mass literacy can be achieved without formal schooling or instruction in writing.
Mexico
In the last 40 years, the rate of illiteracy in Mexico has been steadily decreasing. In the 1960s, because the majority of the residents of the federal capital were illiterate, the planners of the Mexico City Metro designed a series of unique icons to identify each station in the system in addition to its formal name. The INEGI's census data in 1970 showed a national average illiteracy rate of 25.8%, which had decreased to under 7% by the 2010 census. Mexico still has a gender educational bias—the illiteracy rate for women was 8.1% compared with 5.6% for men.
Rates differ across regions and states. The states with the highest poverty rate had greater than 15% illiteracy in 2010: 17.8% in Chiapas, 16.7% in Guerrero, and 16.3% in Oaxaca. In contrast, the illiteracy rates in the Federal District (now part of Mexico City) and in some northern states like Nuevo León, Baja California, and Coahuila were below 3% in the 2010 census (2.1%, 2.2%, 2.6%, and 2.6%, respectively).
Brazil
In 1964, Paulo Freire was arrested and exiled for teaching peasants to read. However, since democracy returned to Brazil, there has been a steady increase in the percentage of literate people. Educators with the Axé project in the city of Salvador, Bahía, attempt to improve literacy rates among urban youth, especially youth living on the streets, through the use of cultural music and dances. Then, "they are encouraged to go on learning and become professional artists."
Africa
The literacy rates in Africa vary significantly between countries. The registered literacy rate in Libya was 86.1% in 2004, and UNESCO says that the literacy rate in the region of Equatorial Guinea is approximately 95%, while the literacy rate in South Sudan is approximately 27%.
In sub-Saharan Africa, youth from wealthier families often have more educational opportunities to become literate than poorer youth, who may need to leave school because they are needed at home to farm or care for siblings. Additionally, the rate of literacy has not improved enough to compensate for the effects of demographic growth. As a result, the number of illiterate adults has risen by 27% over the last 20 years, reaching 169 million in 2010. Thus, out of the 775 million illiterate adults in the world in 2010, more than one fifth (20%) were in sub-Saharan Africa. The countries with the lowest levels of literacy in the world are also concentrated in this region, where adult literacy rates can be well below 50%.
Algeria
The literacy rate in Algeria is around 70%, which is attributed to the fact that education is compulsory and free up to age 17.
Burkina Faso
Burkina Faso has a very low literacy rate of 28.7%, defined as anyone at least 15 years of age who can read and write. To improve the literacy rate, the government has received at least 80 volunteer teachers. A severe lack of primary school teachers causes problems for any attempt to improve the literacy rate and school enrollment.
Egypt
Egypt has a relatively high literacy rate. The adult literacy rate in 2010 was estimated at 72%.
Ethiopia
The Ethiopians are among the first literate people in the world, having written, read, and created manuscripts in the ancient Ge'ez language (an Amharic language) since the 2nd century CE. All boys learned to read the Psalms around the age of 7. The national literacy campaign introduced in 1978 increased literacy rates to between 37% (unofficial) and 63% (official) by 1984.
Guinea
Guinea has a literacy rate of 41%, defined as anyone at least 15 years old who can read or write. Guinea was the first to use the Literacy, Conflict Resolution, and Peacebuilding (LCRP) project. This project was developed to increase agriculture production, develop key skills, resolve conflict, and improve literacy and numeracy skills. The LCRP worked within refugee camps near the border of Sierra Leone; however, this project only lasted from 1999 to 2001. There are several other international projects working within the country that have similar goals.
Kenya
The literacy rate in Kenya among people below 20 years of age is over 70%, as the first 8 years of primary school are provided tuition-free by the government. In January 2008, the government began offering a limited program of free secondary education. Literacy is much higher among the young than among the older population, with the total being about 81.54% for the country. Most of this literacy, however, is at an elementary level—not secondary or advanced.
Mali
In Mali in 2015, the adult literacy rate was 33%, one of the lowest in the world, with males having a 43.1% literacy rate and females having a 24.6% rate. The government defines literacy as anyone at least 15 who can read or write. In recent years, the government of Mali and international organizations have taken steps to improve the literacy rate. The government recognized the slow progress and began creating ministries for basic education and literacy in their national languages in 2007; they also increased the education budget by 3%, when it was at 35% in 2007. The lack of literate adults causes the programs to be slowed—they need qualified female instructors, which is problematic as many men refuse to send female family members to be trained by male teachers.
Mauritius
The adult literacy rate in Mauritius was estimated at 89.8% in 2011. Male literacy was 92.3%, and female literacy was 87.3%.
Niger
Niger has an extremely low literacy rate of 28.7%, in part due to the gender gap—men have a literacy rate of 42.9%, while for women it is only 15.1%. The Nigerien government defines literacy as anyone who can read or write over the age of 15. The Niass Tijāniyyah, a Sufi order, has started anti-poverty, empowerment, and literacy campaigns. The women in Kiota had not attempted to improve their education or economic standing until Saida Oumul Khadiri Niass, known as Maman and married to a leader of the Niass Tijaniyya, talked to men and women throughout the community, changing the community's beliefs on appropriate behavior for women. Maman's efforts have allowed women in Kiota to own small businesses, sell in the market, attend literacy classes, and organize small associations that can give microloans. Maman personally teaches children in and around Kiota, with special attention to girls. Maman has her students require instructor permission to allow the girls' parents to marry their daughters early, increasing the amount of education these girls receive as well as delaying marriage, pregnancy, and having children.
Senegal
Senegal has a literacy rate of 49.7%, defined as anyone who is at least 15 and can read and write. However, many students do not attend school long enough to be considered literate. The government did not begin actively attempting to improve the literacy rate until 1971, when it gave the responsibility to the Department for Vocational Training at the Secretariat for Youth and Sports. This department, and those that followed, had no clear policy on literacy until the Department of Literacy and Basic Education was formed in 1986. The government of Senegal relies heavily on funding from the World Bank to fund its school system.
Somalia
There is no reliable data on the nationwide literacy rate in Somalia. A 2013 FSNAU survey indicates considerable differences per region, with the autonomous northeastern Puntland region having the highest registered literacy rate at 72%.
Sierra Leone
The Sierra Leone government defines literacy as anyone over the age of 15 who can read and write in English, Mende, Temne, or Arabic. Official statistics put the literacy rate at 43.3%. Sierra Leone was the second country to use the Literacy, Conflict Resolution and Peacebuilding project. However, fighting near the city where the project was centered caused a delay until an arms amnesty was in place.
Afghanistan
According to UNESCO, Afghanistan has one of the lowest literacy rates in South Asia and in the world. As of 2020, over 10 million youth and adults are illiterate. However, since 2016, the country has made significant progress. While in 2016–2017 the literacy rate was 34.8%, the UNESCO Institute for Statistics recently confirmed that it has increased to 43%. "That is a remarkable 8 percent increase." In addition, the literacy rate for youths aged 15–24 has substantially increased and now stands at 65%.
However, there are still a large number of people who lack literacy and opportunities to access continuing education. There is also a substantial gender gap: the literacy rate for men stands at 55%, while for women it is only 29.8%. The UNESCO Institute for Lifelong Learning has provided technical support to the government of Afghanistan since 2012, with the aim of improving the literacy skills of an estimated 1.2 million people.
To improve the literacy rate, the US military taught Afghan Army recruits how to read before teaching them how to fire a weapon. In 2009, US commanders estimated that as many as 65% of recruits may be illiterate.
China
The Chinese government conducts standardized testing to assess proficiency in Standard Chinese, known as Putonghua, but this is primarily for foreigners or those needing to demonstrate professional proficiency in the Beijing dialect. While literacy in Chinese can be assessed by reading comprehension tests, just as in other languages, historically, literacy has often been judged by the number of Chinese characters introduced during the speaker's schooling, with a few thousand considered the minimum for practical literacy.
The CIA World Factbook says 96.7% of Chinese people are literate; however, social science surveys in China have repeatedly found that just over half the population of China is conversant in spoken Putonghua. In classical Chinese civilization, access to literacy for all classes originated with Confucianism, where previously literacy was generally limited to the aristocracy, merchants, and priests.
India
Literacy is defined by the Registrar General and Census Commissioner of India as the ability of "a person aged 7 years and above to both write and read with understanding in any language." According to the 2011 census, the literacy rate stood at 74%.
Iran
In 2023, the Iranian government stopped a literacy campaign that had begun in 1930, despite 9 million people still being reported as illiterate. The government reported that elementary school education cost 5–40 million toman (approximately US$12–95 or €11–89) per child per year, and 27% of children did not sign up for first grade because of the cost.
Laos
Laos has the lowest level of adult literacy in all of Southeast Asia, other than East Timor.
Obstacles to literacy vary by country and culture, as writing systems, quality of education, availability of written material, competition from other sources (television, video games, cell phones, and family obligations), and culture all influence literacy levels. In Laos, which has a phonetic alphabet, reading is relatively easy to learn—especially compared to English, where spelling and pronunciation rules are filled with exceptions, and Chinese, with thousands of symbols to be memorized. However, a lack of books and other written materials has hindered functional literacy in Laos. Many children and adults read so haltingly that the skill is hardly beneficial.
A literacy project in Laos addresses this by using what it calls "books that make literacy fun!" The project, Big Brother Mouse, publishes colorful, easy-to-read books, then delivers them during book parties at rural schools. Some of the books are modeled on successful western books by authors such as Dr. Seuss; the most popular, however, are traditional Laotian fairy tales. Two popular collections of folktales were written by Siphone Vouthisakdee, who comes from a village where only five children finished primary school.
Big Brother Mouse has also created village reading rooms and published books for adult readers about subjects such as Buddhism, health, and baby care.
Pakistan
In Pakistan, the National Commission for Human Development aims to bring literacy to adults, especially women. While speaking at a function held in connection with International Literacy Day, Islamabad Director Kozue Kay Nagata said:
"Illiteracy in Pakistan has fallen over two decades, thanks to the government and people of Pakistan for their efforts working toward meeting the Millennium Development Goals. Today, 70 percent of Pakistani youths can read and write. In 20 years, illiterate population has been reduced significantly."
She also emphasized the need to do more to improve literacy in the country, saying: "The proportion of population in Pakistan lacking basic reading and writing is too high. This is a serious obstacle for individual fulfillment, to the development of societies, and to mutual understanding between peoples."
Referring to the recent national survey carried out by the Ministry of Education, Trainings and Standards in Higher Education with the support of UNESCO, UNICEF, and provincial and area departments of education, Nagata pointed out that in Pakistan, although 70% of children finish primary school, a gender gap still exists as 68% of girls finish compared to 71% of boys.
Referring specifically to Punjab, she said that while the primary school completion rate is higher at 76%, there is a gender gap of 8 percentage points: 72% of girls compared to 80% for boys. She also noted that the average cost per primary school student (ages 5–9) was higher in Punjab at Rs 6,998 (approximately US$24 or €22.5).
In Balochistan, although almost the same amount (Rs 6,985) is spent per child as in Punjab, the primary school completion rate is only 53%: 54% for girls and 52% for boys.
The Literate Pakistan Foundation, a non-profit organization established in 2003, is a case study bringing to light solutions for improving literacy rates in Pakistan. Their data shows that in Khyber Pakhtunkhwa, the primary school completion rate is 67%, which is lower than the national average of 70%. Furthermore, a gender gap exists, with only 65% of girls completing primary school compared to 68% of boys. In Khyber Pakhtunkhwa, the education expenditure per student at the primary school level (age 5–9) is Rs 8,638 ($30, €28).
In Sindh, the primary school completion rate is 63%, with a gender gap of 67% of girls completing primary school compared to 60% of boys. In Khyber Pakhtunkhwa, the education expenditure per student at the primary school level (age 5–9) is Rs 5,019 ($17.50, €16.50).
Nagata, referencing the report, said that the most common reason for children ages 10–18 (both boys and girls) leaving school is "the child [is] not willing to go to school", which may be related to quality and learning outcome. She added that the second-highest reason for girls living in rural communities dropping out is that their "parents did not allow" them to continue school, which might be related to prejudice and cultural norms surrounding girls.
Philippines
About 91.6% of Filipinos ages 10–64 were functionally literate in 2019, according to the results of the 2019 Functional Literacy, Education and Mass Media Survey; this translates to around 73.0 million out of the population of 79.7 million. Starting in 300 BCE, early Filipinos devised and used their own writing system derived from the Brahmic family of scripts of ancient India. Baybayin became the most widespread of these derived scripts by the 11th century. Early chroniclers, who came during the first Spanish expeditions to the islands, noted the proficiency of some of the natives, especially the chieftain and local kings, in Sanskrit, Old Javanese, Old Malay, and several other languages.
During the Spanish colonization of the islands, reading materials were destroyed far less than during the Spanish colonization of the Americas. Education and literacy were introduced solely to the Peninsulares and remained a privilege until the arrival of Americans, who introduced a public school system to the country, and English became the lingua franca in the Philippines. During the brief Japanese occupation of the Philippines, the Japanese were able to teach their language and teach the children their written language.
Sri Lanka
With a literacy rate of 92.5%, Sri Lanka has one of the most literate populations among developing nations. Its youth literacy rate stands at 98%, its computer literacy rate at 35%, and its primary school enrollment rate at over 99%. An education system that dictates nine years of compulsory schooling for every child is in place. The free education system, established in 1945, is a result of the initiative of C. W. W. Kannangara and A. Ratnayake. Sri Lanka is one of the few countries in the world that provides universal free education from the primary to the tertiary stage.
Australia
A 2016–2017 survey of adult skills conducted by the Australian Bureau of Statistics on behalf of the OECD found that one in five adults of working age has low literacy skills, numeracy skills, or both. The Australian Early Development Census National Report for 2021 reported that 82.6% of five-year-olds are on track to develop good language and cognitive skills. In 2012–2013, Australia had 1515 public library service points, lending almost 174 million items to 10 million members at an average per capita cost of just under AU$45. By 2020–2021, this had increased to a total of 1690 library outlets with just over 9 million registered or active members.
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WIKI
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June 17, 2024
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The Healthy Technicians
Weight Loss Operating, Walking And Fitness By Verv
Weight Loss,Fitness,Healthy,Medicine,Nutritions,Healthy and FitnessThis ACE Match Reality is taken from ACE FitnessMatters® magazine. Iezzoni (2003) describes how individuals with mobility disabilities characterize some of their health care professionals, suggesting that some simply don’t listen”; some don’t assume”; some simply say it’s important to reside with it”; and nonetheless others simply rush in and rush out,” often as the result of affected person load and price-efficiencies.
A examine of more than 18,000 adults found that increasing each day water consumption by just 1% resulted within the intake of 70 fewer energy, whereas consuming three extra glasses lowered calorie consumption by 205. In reality, in one 2018 study printed in JAMA , individuals who prioritized eating more greens whereas lowering their consumption of processed meals lost substantial weight, even after they weren’t counting energy.
One fantasy about weight biking is that a person who loses and regains weight can have extra problem shedding pounds once more and maintaining it in comparison with somebody who hasn’t gone by a weight-loss cycle. Take 10 energy breaths three times a day with a 1-4-2 ratio. No matter what your present weight is, being active boosts high-density lipoprotein (HDL) ldl cholesterol, the “good” ldl cholesterol, and it decreases unhealthy triglycerides.
Always read food labels – natural does not at all times imply healthy. For those who’re trying to reduce weight , you’d be effectively-suggested not to get rid of this common morning decide-me-up from your eating regimen. Micronutrients are vitamins and minerals. Intention to include power coaching of all the key muscle teams into your fitness routine no less than twice every week.
The SPRINT eating regimen (Dietary Approaches to Cease Hypertension) is a eating regimen promoted by the Nationwide Coronary heart, Lung, and Blood Institute (part of the NIH , a United States government organization) to control hypertension A major feature of the plan is limiting intake of sodium , 25 and the food plan also typically encourages the consumption of nuts, whole grains, fish, poultry, fruits, and greens while reducing the consumption of crimson meats, sweets, and sugar.
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Are All on 4 Implants a Better Solution Than Dentures?
If you’re missing a few teeth, the quest to regain your smile’s function may lead you to explore various dental solutions. One option gaining popularity is All on 4 dental implants. This advanced dental procedure has emerged as a promising alternative to traditional dentures, offering enhanced stability and a more natural feel. But what exactly are the key differences between All on 4 dental implants and dentures? Let’s take a closer look at this procedure that can provide a permanent smile restoration.
Understanding All on 4 Dental Implants
All on 4 dental implants is a state-of-the-art dental procedure designed to provide a permanent and effective solution for patients with missing teeth. Unlike traditional dentures, which rest on the gums and often require adhesives for stability, All on 4 implants use four strategically placed implants – two on the top and two on the bottom – to support a full set of prosthetic teeth. This innovative approach ensures a more secure and natural-feeling tooth replacement.
Implant-retained Dentures
Similar to All on 4 dental implants, implant-retained dentures are anchored to implants placed into the jaw bone and offer increased stability compared to traditional removable dentures. However, implant-retained dentures usually require more than four implants – typically between 5-8 per arch.
Comparing All on 4 Implants to Traditional Dentures
• Stability and Comfort
All on 4 Dental implants stand out in terms of stability and comfort. With four strategically positioned implants securing the prosthetic teeth, patients experience a more secure fit that eliminates the concerns of slippage or discomfort associated with traditional dentures. The anchored implants provide a strong foundation, allowing for a more natural bite and increased confidence while speaking or eating.
• Maintenance and Cleaning
Traditional dentures require meticulous cleaning and maintenance routines, often involving adhesives and soaking solutions. In contrast, All on 4 implants can be cared for just like natural teeth. Regular brushing and flossing, along with routine dental check-ups, are sufficient to maintain optimal oral hygiene. This simplicity in care can be a significant factor for those seeking a hassle-free dental solution.
• Bone Preservation
One of the significant advantages of All on 4 implants is their ability to preserve bone density. Traditional dentures, over time, may contribute to bone loss due to a lack of bone stimulation. But since All on 4 implants integrate with the jawbone, they can help maintain bone density and prevent the facial structure from deteriorating.
While our All on 4 Dental implants in Sunnyvale offer remarkable stability and durability, some patients may find implant-retained dentures to be a suitable compromise. These dentures provide enhanced stability compared to traditional options but may not match the permanence and comfort level of All on 4 implants. The choice between the two ultimately depends on individual preferences, lifestyle, and budget considerations.
In the quest for a durable and natural-looking solution to missing teeth, dental implants in Sunnyvale emerge as a compelling alternative to traditional dentures. The stability, comfort, and ease of maintenance associated with All on 4 implants make them a preferred choice for many seeking a long-term solution. However, individual needs and preferences play a crucial role in determining the most suitable option. Consulting with a qualified implant dentist in Sunnyvale is the first step towards achieving a confident and functional smile that lasts a lifetime.
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In re Barbara Jean HOSKINS, Debtor.
No. 00-20101.
United States Bankruptcy Court, E.D. Michigan, Northern Division.
April 20, 2001.
Michael C. Reinert, Attorney at Law, Saginaw, MI, for debtor.
Lori A. Jenneman, Attorney at Law, Bingham Farms, MI, for Providian National Bank.
Thomas W. McDonald, Saginaw, MI, Chapter 13 Trustee.
OPINION ON STRIP OFF OF TOTALLY UNSECURED JUNIOR MORTGAGE
ARTHUR J. SPECTOR, Bankruptcy Judge.
Introduction
Barbara J. Hoskins filed for chapter 13 bankruptcy relief on January 18, 2000. The Debtor’s home is subject to claims secured by “First” and “Second” mortgages. Debtor’s Schedule D. ContiMortage, the first mortgagee, is said to hold a claim of $30,594.74, while the second mortgagee, Providian National Bank, is owed $21,447.31. Id. The Debtor asserts that the entire amount of Providian’s claim is unsecured, see id. Her plan treats Provi-dian’s claim the same as all other nonpriority unsecured claims, that is, to share pro rata in dividends to be disbursed by the chapter 13 trustee over the course of the five-year plan. Dividends are projected at 29%. The plan also provided for the termination of Providian’s security interest when the Debtor successfully completes the plan. See Debtor’s Plan at pp. 2-4, 6 & 8.
Not surprisingly, Providian opposed confirmation of the Debtor’s plan. At the confirmation hearing, on September 28, 2000, the Court found that the home had a market value of only $25,000, based on an appraisal submitted as Debtor’s Exhibit 1 and the appraiser’s testimony. Providian does not necessarily contest this valuation. It offered no rebuttal testimony. Providi-an raises certain procedural objections. Those will be dealt with in Part 1 of this opinion. Part 2 will address Providian’s contention that the Plan violates 11 U.S.C. § 1322(b)(2), and therefore ought not be confirmed.
Part 1: Providian’s Procedural Objections
Providian’s first procedural objection was that it was not served in accordance with F.R.Bankr.P. 7004(h). That rule provides:
Unless otherwise provided by federal law, service upon a domestic or foreign corporation or upon a partnership or other unincorporated association that is subject to suit under a common name, and from which a waiver of service has not been obtained and filed, shall be effected:
(1) in a judicial district of the United States in the manner prescribed for individuals by subdivision (e)(1), or by delivering a copy of the summons and of the complaint to an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process and, if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the defendant, or
(2) in a place not within any judicial district of the United States in any manner prescribed for individuals by subdivision (f) except personal delivery as provided in paragraph (2)(C)(I) thereof.
This objection was mooted when the Debt- or re-served the Plan and other documents upon Providian by certified mail in the manner required.
Providian’s second procedural objection is that the relief requested cannot be provided by means of a contested matter (F.R.Bankr.P. 9014); but requires an adversary proceeding. While Providian complains (implicitly) about the non-applicability of certain procedural rules, it makes no attempt to identify those rules, much less explain how justice would be served by making those rules applicable. See F.R.Bankr.P. 9014 (“The court may at any stage in a particular matter direct that one or more of the other rules in Part VII shall apply.”). Thus Providian’s concern over “due process” — a dubious issue under any circumstances — rings particularly hollow.
The more basic problem with the objection, however, is its premise. Rule 7001 identifies the types of disputes which are to be litigated as adversary proceedings. Providian presumably relies upon sub-paragraph (2), which refers to “a proceeding to determine the validity, priority, or extent of a lien.” F.R.Bank.P. 7001(2).
The issue raised by the Debtor’s plan/motion has nothing to do with the “validity” or “priority” of Providian’s mortgage: Both of those issues are undisputed. In a sense, the motion could be said to question the “extent” of the mortgage, since the amount (or “extent”) of Providi-an’s secured claim will turn on the home’s value.
Construing “extent” this broadly, however, creates a conflict with Rule 3012. This latter rule, as we have seen, states that “[t]he court may determine the value of a claim secured by a lien on property in which the estate has an interest on motion of any party in interest.” F.R.Bankr.P. 3012 (emphasis added). Since an adversary proceeding can only be initiated by a complaint, see F.R.Bankr.P. 7003, an expansive reading of Rule 7001(2) is incompatible with Rule 3012 — a point made clear by the comment accompanying the latter rule:
The valuation of secured claims may become important in different contexts, e.g., to determine the issue of adequate protection under [section] ... 361, impairment under [section] ... 1124, or treatment of the claim in a plan pursuant to [section] ... 1129(b) of the Code.... An adversary proceeding is commenced when the validity, priority, or extent of a lien is at issue as prescribed by Rule 7001. That proceeding is relevant to the basis of the lien[,] while valuation under Rule 3012 would be for the purposes indicated above.
Advisory Committee Note (1983) to F.R.Bankr.P. 3012.
We therefore agree with a leading bankruptcy treatise and with Judge Gregg of the Western District of Michigan that the term “extent,” as used in Rule 7001(2), refers not to collateral valuation, but rather to identification of the property to which a hen is alleged to be subject. See 10 Collier on Bankruptcy, ¶ 7001.03[1] (15th ed. rev.2000); In re Hudson, 260 B.R. 421, 428-29 (Bankr.W.D.Mich.2001). On the very issue raised here by Providian, Judge Gregg recently explained:
Is an adversary proceeding required to value a creditor’s collateral and determine secured status under § 506(a)? The short answer is “no.”
An adversary proceeding includes “a proceeding to determine the validity, priority, or extent of a lien or other interest in property, other than a proceeding [related to a debtor’s claimed exemptions].” Rule 7001(2). “Validity” is “having legal strength or force,” WebsteR’s Third New InternatioNal Dictionary Of The English Language, Unabridged 2529 (1986), i.e. “enforceable.” Id. at 751. “Priority” is “superiority in rank [or] position,” as in “the priority in law of hens on a property.” Id. at 1804. “Extent” is “the range (as of inclusiveness or apphcation) over which something extends,” i.e., the “scope” or “comprehensiveness.” Id. at 805. The “extent” of a hen is not synonymous with the value of collateral; rather “extent” relates to the identifica-’ tion of the scope of specific property which is subject of the hen.
Summarizing, “[a]n adversary proceeding is not required to modify a secured creditor’s rights in chapter 13.” Lee Servicing Co. v. Wolf (In re Wolf), 162 B.R. 98, 106 (Bankr.D.N.J.1993). An adversary “proceeding is relevant to the basis of the hen itself....” Id.
Id.
Since the Debtor’s plan implicates none of the matters itemized in Rule 7001, we reject Providian’s contention that an adversary proceeding is required. See, e.g., In re Wolf, 162 B.R. 98, 106 (Bankr.D.N.J.1993).
Finahy, Providian argues that the Debtor needed to file a motion for valuation of its claim pursuant to F.R.Bankr.P. 3012 rather than merely referencing the rule in the plan. It offers no rationale why a separate piece of paper is required if the plan itself contains sufficient information to alert Providian that its claim is in some jeopardy, and none comes to mind.
In comphance with 11 U.S.C. § 1321 and F.R.Bankr.P. 3015(b), the Debtor filed her plan. Her ultimate objective in doing so, of course, was to have the plan confirmed. See 11 U.S.C. §§ 1324 (“After notice, the court shall hold a hearing on confirmation of the plan. A party in interest may object to confirmation of the plan .”); 1325 (specifying that if certain conditions are satisfied, “the court shall confirm a plan”). The federal bankruptcy rules do not contemplate the filing by the debtor of a formal “motion” to confirm. To the contrary, F.R.Bankr.P. 3015(d) calls for parties in interest to be served with a copy of the plan, rather than a “motion,” as such. See F.R.Bankr.P. 3015(d).
If only implicitly, then, it is fair to say that the very act of filing a plan constitutes a request that the Court enter an order confirming it, and so the chapter 13 plan itself is a motion. Black’s Law Dictionary (7th ed.1999) (A “motion” ... [is a] “written or oral application requesting a court to make a specified ruling or order.”).
This conclusion is bolstered by Rule 9014, which states:
In a contested matter in a case not otherwise governed by these rules, relief shall be requested by motion, and reasonable notice and opportunity for hearing shall be afforded the party against whom relief is sought. No response is required under this rule unless the court orders an answer to a motion. The motion shall be served in the manner provided for service of a summons and complaint by Rule 7004, and, unless the court otherwise directs, the following rules shall apply: 7021, 7025, 7026, 7028-7037, 704-1, 704-2, 7052, 7054-7056, 7064-, 7069, and 7071. The court may at any stage in a particular matter direct that one or more of the other rules in Part VII shall apply.
F.R.Bankr.P. 9014 (emphasis added). The underlined portion of Rule 9014 describes how a “contested matter” is initiated. The italicized portion describes how it is to be conducted — i.e., the procedural rules to which a contested matter is subject once it has been initiated.
Now consider Rule 3015(f), which provides that “[a]n objection to confirmation is governed by Rule 9014.” F.R.Bankr.P. 3015(f). It is fairly clear that this provision is not referring to that portion of Rule 9014 which deals with getting a contested matter started. After all, once an objection is filed, the “battle” has already been joined, and a hearing date has already been set. See F.R.Bankr.P. 2002 (“[T]he clerk ... shall give the debtor, the trustee, all creditors and indenture trustees not less than 25 days notice by mail of ... the time fixed for filing objections and the hearing to consider confirmation of a ... chapter 13 plan.”); F.R.Bankr.P. 3015(d) (“The plan or a summary of the plan shall be included with each notice of the hearing on confirmation mailed pursuant to Rule 2002.”). Thus it would be silly to infer from Rule 3015(f) that the plan proponent (or the objecting party) has to file a formal motion before the court can address the merits of the objection.
Properly construed, Rule 3015(f) refers only to that aspect of Rule 9014 describing how a contested matter is to be conducted. This means, in effect, that the plan serves the same role in the context of a disputed confirmation as does a “conventional” motion which initiates a contested matter. See F.R.Bankr.P. 9014 (“In a contested matter ..., relief shall be requested by motion....”).
Of course, the Debtor’s plan may not fully comply with the requirements of Rule 9013, which specifies that a “motion shall state with particularity the grounds [for the order requested] .... and shall set forth the relief or order sought.” F.R.Bankr.P. 9013. That, however, goes to the question of whether the plan is a defective motion, not whether it is in fact a motion. And since Providian did not allege otherwise, the Court infers that any such defects were insignificant. See generally F .R.Civ.P. 61 (incorporated by F.R.Bankr.P. 9005) (“The court at every stage of the proceeding must disregard any error or defect in the proceeding which does not affect the substantial rights of the parties.”).
Perhaps this objection is addressed to the quantum of notice provided by the plan. If so, that objection is also without merit. The plan gave ample warning that the Debtor was seeking to invalidate Pro-vidian’s security interest because it had no economic value. In the portion of the Plan entitled “Secured Claims — Mortgage or Executory Land Contracts” the Debtor stated “SEE PAGE SIX (6) FOR TREATMENT OF PROVIDIAN SECOND MORTGAGE.” That page stated the following (emphasis in original):
The Plan includes the following additional provision(s): There isn’t any equity in the debtors [sic] home to which the Providian second mortgage could attach. It is therefore an entirely unsecured claim and shall be treated as such. Upon the debtor’s successful completion of the plan, the Providian mortgage shall be entirely removed from the debtor’s home and Providian National Bank shall immediately furnish the debtor with a mortgage discharge in recordable form. This plan strips the Providian National bank [sic] mortgage from the debtor’s home.
How much clearer can a notice get?
The plan also explained:
This is notice that the Confirmation Hearing shall include a hearing pursuant to F.R.BANKR.P. 3012 VALUING YOUR SECURED CLAIM.
Although in your opinion, your claim is a secured claim, it may nonetheless be classified as an unsecured claim, and be treated as such. IT IS THE DEBTOR’S INTENT TO PROVIDE FOR EVERY CLAIM UNLESS SPECIFICALLY STATED OTHERWISE. ACCORDINGLY, YOU MUST EITHER TIMELY OBJECT TO CONFIRMATION OF THIS PLAN, OR BE DEEMED TO HAVE ACCEPTED THIS PLAN’S TREATMENT OF YOUR CLAIM AS PROVIDED HEREINL]
Such notice is sufficient as a matter of law. See Hudson, 260 B.R. 421, 480-33. Moreover, the notice was sufficient as a matter of fact. Providian timely filed its objection to plan confirmation and was well represented by counsel throughout.
The procedural objections are, therefore, overruled.
Part 2. Is Providian’s Claim Entitled to § 1322(b)(2) Protection?
Section 1322(b)(2) states that a “plan may ... modify the rights of holders of secured claims, other than a claim secured only by a security interest in real property that is the debtor’s principal residence, or of holders of unsecured claims.” 11 U.S.C. § 1322(b)(2) (emphasis added). Providian argues that it is entitled to the protection from modification afforded by the highlighted clause because its claim is secured by a mortgage on the Debtor’s home. The Debtor counters with the argument that Providian’s claim must be deemed unsecured by operation of 11 U.S.C. § 506(a), and that the claim is therefore subject to modification pursuant to § 1322(b)(2).
Section 506(a) provides that “[a]n allowed claim of a creditor secured by a lien on property in which the estate has an interest ... is a secured claim to the extent of the value of such creditor’s interest in the estate’s interest in such property, ... and is an unsecured claim to the extent that the value of such creditor’s interest ... is less than the amount of such allowed claim.” 11 U.S.C. § 506(a). Put simply, the effect of this statute is to render a secured claim unsecured to the extent that the claim exceeds the collateral’s value. See, e.g., United States v. Ron Pair Enters., 489 U.S. 235, 238-39, 109 S.Ct. 1026, 103 L.Ed.2d 290 (1989) (“Section 506 ... governs the definition and treatment of secured claims.... Subsection (a) ... provides that a claim is secured only to the extent of the value of the property on which the hen is fixed; the remainder of that claim is considered unsecured.” (footnote omitted)). Providian’s claim is therefore entirely unsecured by virtue of § 506(a).
Providian, however, asserts that § 1322(b)(2)’s anti-modification protection applies without reference to § 506(a). The validity of that assertion turns on how one construes the Supreme Court’s decision in Nobelman v. American Sav. Bank, 508 U.S. 324, 113 S.Ct. 2106, 124 L.Ed.2d 228 (1993). The Court’s introductory summary of the issue presented and its disposition clearly helps Providian’s cause: “The question is whether § 1322(b)(2) prohibits a Chapter 13 debtor from relying on § 506(a) to reduce an undersecured homestead mortgage to the fair market value of the mortgaged residence. We conclude that it does....” Id. at 325-26, 113 S.Ct. 2106. However, the Court’s explanation for this holding is more ambiguous:
[The debtors] ... argue that the protection of § 1322(b)(2) applies only to the extent the mortgagee holds a “secured claim” ... and that we must look first to § 506(a) to determine the value of the mortgagee’s “secured claim.” ... [The debtors] contend that the valuation provided for in § 506(a) operates automatically to adjust downward the amount of a lender’s undersecured home mortgage before any disposition proposed in the Chapter 13 plan- Section 1322(b)(2), they assert, allows unconditional modification of the ... leftover “unsecured claim” [held by the mortgagee, a bank].
This interpretation fails to take adequate account of § 1322(b)(2)’s focus on “rights.” That provision does not state that a plan may modify “claims” or that the plan may not modify “a claim secured only by” a home mortgage. Rather, it focuses on the modification of the “rights of holders” of such claims, [emphasis in original] By virtue of its mortgage contract with [the debtors] ..., the bank is indisputably the holder of a claim secured by a lien on [the debtors’] ... home. [The debtors] ... were correct in looking to § 506(a) for a judicial valuation of the collateral to determine the status of the bank’s secured claim. It was permissible for [the debtors] ... to seek a valuation in proposing their Chapter 13 plan, since § 506(a) states that “[s]uch value shall be determined ... in conjunction with any hearing ... on a plan affecting such creditor’s interest.” [ (quoting 11 U.S.C. § 506(a)).] But even if we accept [the debtors’] ... valuation, the bank is still the “holder” of a “secured claim,” because [the debtors’] ... home retains $23,500 of value as collateral. The portion of the bank’s [total] claim [of $71,335] that exceeds $23,500 is an “unsecured claim compo-nen[t]” under § 506(a), ... Ron Pair, 489 U.S. [at] ... 239, n. 3, [109 S.Ct. 1026] ...; however, that determination does not necessarily mean that the “rights” the bank enjoys as a mortgagee, which are protected by § 1322(b)(2), are limited by the valuation of its secured claim.
... [W]e generally assume that Congress has “left the determination of property rights in the assets of a bankrupt’s estate to state law,” since such “[property interests are created and defined by state law.” ... Moreover, ... “[t]he justifications for application of state law are not limited to ownership interests,” but “apply with equal force to security interests, including the interest of a mortgagee.” ... The bank’s “rights,” therefore, are reflected in the relevant mortgage instruments, which are enforceable under Texas law. They include the right to repayment of the principal in monthly installments over a fixed term at specified adjustable rates of interest, the right to retain the lien until the debt is paid off, the right to accelerate the loan upon default and to proceed against [the debtors’] ... residence by foreclosure and public sale, and the right to bring an action to recover any deficiency remaining after foreclosure .... These are the rights that were bargained for by the mortgagor and the mortgagee, Dewsnup v. Timm, 502 U.S. 410, 417, 112 S.Ct. 773, 116 L.Ed.2d 903 ... (1992), and are rights protected from modification by § 1322(b)(2).
[The debtors] ... urge us to apply the so-called “rule of the last antecedent” ... to interpret § 1322(b)(2).... According to this argument, the operative clause “other than a claim secured only by a security interest in ... the debtor’s principal residence” must be read to refer to and modify its immediate antecedent, “secured claims.” Thus, § 1322(b)(2)’s protection would then apply only to that subset of allowed “secured claims,” determined by application of § 506(a), that are secured by a lien on the debtor’s home — including, with respect to the mortgage involved here, the bank’s secured claim for $23,500. We acknowledge that this reading of the clause is quite sensible as a matter of grammar. But it is not compelled. Congress chose to use the phrase “claim secured ... by” in § lS22(b)(2)’s exception, rather than repeating the term of art “secured claim.” The unqualified word “claim” is broadly defined under the Code to encompass any “right to payment, whether ... securefd] or unsecured” or any “right to an equitable remedy for breach of performance if such breach gives rise to right to payment, whether ... securefd] or unsecured.” 11 USC § 101(5).... It is also plausible, therefore, to read “a claim secured only by a [homestead lien]” as referring to the lienholder’s entire claim, including both the secured and the unsecured components of the claim. Indeed, § 506(a) itself uses the phrase “claim ... secured by a lien” to encompass both portions of an undersecured claim.
This latter interpretation is the more reasonable one, since we cannot discern how § 1322(b)(2) could be administered under [the debtors’] ... interpretation. [The debtors] ... propose to reduce the outstanding mortgage principal to the fair market value of the collateral, and, at the same time, they insist that they can do so without modifying the bank’s rights “as to interest rates, payments amounts, and [other] contract terms.” Brief for Petitioners 7. That appears to be impossible. The bank’s contractual rights are contained in a unitary note that applies at once to the bank’s overall claim, including both the secured and unsecured components. [The debtors] ... cannot modify the payment and interest terms for the unsecured component, as they propose to do, without also modifying the terms of the secured component. Thus, to preserve the interest rate and the amount of each monthly payment specified in the note after having reduced the principal to $23,500, the plan would also have to reduce the term of the note dramatically. That would be a significant modification of a contractual right. Furthermore, the bank holds an adjustable rate mortgage, and the principal and interest payments on the loan must be recalculated with each adjustment in the interest rate. There is nothing in the mortgage contract or the Code that suggests any basis for recalculating the amortization schedule— whether by reference to the face value of the remaining principal or by reference to the unamortized value of the collateral. This conundrum alone indicates that § 1322(b)(2) cannot operate in combination with § 506(a) in the manner theorized by ... [the debtors].
In other words, to give effect to § 506(a)’s valuation and bifurcation of secured claims through a Chapter 13 plan in the manner [the debtors] ... propose would require a modification of the rights of the holder of the security interest. Section 1322(b)(2) prohibits such a modification where, as here, the lender’s claim is secured only by a hen on the debtor’s principal residence.
Id. at 328-32, 113 S.Ct. 2106 (emphasis added, except where otherwise noted).
A logical way to tackle Nobelman is to start with the Court’s interpretation of § 1322(b)(2). Cf. Harris Trust & Sav. Bank v. Salomon Smith Barney Inc., 530 U.S. 238, 120 S.Ct. 2180, 147 L.Ed.2d 187, 202 (2000) (“[I]n any case of statutory construction, our analysis begins with the language of the statute.... And where the statutory language provides a clear answer, it ends there as well.” (citation omitted)). In the highlighted portion of the opinion, the Court makes clear that § 1322(b)(2)’s “other-than” clause refers not to “secured claims” (as determined by § 506(a)), but rather to a creditor’s entire claim (determined without reference to § 506(a)). (Hereafter, this latter claim will be referred to as the “pre-valuation claim.”) There are two possible inferences a lower court could draw from this interpretation.
One is that the clause operates totally independently of its “antecedent” phrase— i.e., “the rights of holders of secured claims.” So construed, the statute could be restated to read: “The plan may modify the rights of holders of secured claims or unsecured claims. However, the rights of holders of pre-valuation claims secured only by a residential mortgage cannot be modified.” With this construction, a mortgagee’s claim would be immune from modification regardless of whether any portion of that claim would be deemed secured in accordance with § 506(a).
Under the alternative theory, predictably enough, the clause would be dependent on the antecedent phrase. Per this theory, the statute could be paraphrased: “The plan may modify the rights of holders of secured claims, but the rights of holders of pre-valuation claims secured only by a residential mortgage cannot be modified. The plan may also modify the rights of holders of unsecured claims.” This interpretation would mean that a mortgagee is safe from modification only if at least a portion of its pre-valuation claim would be deemed secured under § 506(a).
The latter of these competing constructions, while more awkward than the former, is also more consistent with the actual wording of § 1322(b)(2). After all, that statute’s other-than clause is tied to the “secured claim” portion which precedes it. Thus a judicial interpretation of that statute which transforms the clause into a “stand alone” provision is suspect.
In response, it could be argued that the Court’s interpretation of the other-than clause negates any logical connection between that clause and the preceding phrase. Under this view, the very fact that (per Nobelman) the phrase contemplates application of § 506(a), whereas the clause does not, renders the grammatical linking superfluous: By its very nature, the other-than clause is a stand-alone provision.
In counter-response, one could stress that the Court’s discussion of “the rule of the last antecedent,” Nobelman, 508 U.S. at 330, 113 S.Ct. 2106, was limited to the question of whether the term “claim,” as used in the other-than clause, was synonymous with the term “secured claim,” as used in the preceding phrase. So while the Court ruled that the terms carried different meanings, the argument goes, the decision leaves open the possibility that the clause is in other respects tethered to the phrase which precedes it.
If no other aspects of the Nobel-man opinion are considered, a plausible case could be made for either of the foregoing interpretations. But, of course, the full opinion should be taken into account in attempting to ascertain the Court’s intent. Cf. United Sav. Ass’n of Texas v. Timbers of Inwood Forest Assocs., 484 U.S. 365, 371, 108 S.Ct. 626, 98 L.Ed.2d 740 (1988) (“Statutory construction ... is a holistic endeavor. A provision that may seem ambiguous in isolation is often clarified by the remainder of the statutory scheme.... ”). And when Nobelman is read “holistically,” the balance tips in favor of the “dependent clause” theory.
As one might expect, the passage of critical importance concerns valuation under § 506(a). Again, the Court stated:
[The debtors] ... were correct in looking to § 506(a) for a judicial valuation of the collateral to determine the status of the bank’s secured claim. It was permissible for [the debtors] ... to seek a valuation in proposing their Chapter 13 plan, since § 506(a) states that “[s]uch value shall be determined ... in conjunction with any hearing ... on a plan affecting such creditor’s interest.” But even if we accept [the debtors’] ... valuation, the bank is still the “holder” of a “secured claim,” because [the debtors’] ... home retains $23,500 of value as collateral. The portion of the bank’s claim that exceeds $23,500 is an “unsecured claim componen[t]” under § 506(a) ...; however, that determination does not necessarily mean that the ‘rights’ the bank enjoys as a mortgagee, which are protected by § 1322(b)(2), are limited by the valuation of its secured claim.
Nobelman, 508 U.S. at 328-29, 113 S.Ct. 2106 (emphasis added).
It is clear from the highlighted portion of this excerpt that the Court viewed the § 506(a) valuation as relevant: Were it not, then it would have been futile (rather than “correct”/“permissible”) for the debtors to invoke that statute, and it would have made absolutely no difference whether the bank “still” held a secured claim under § 506(a). Rather than taking the position that § 1322(b)(2) “prevailed” over § 506(a), then, the Court purported to reconcile the two statutes. The Fifth Circuit, whose judgment Nobelman upheld, recognized this fact:
Although the Justices affirmed the result we had reached in Nobleman [sic], they disagreed with our analysis. First, we concluded that § 506(a) and § 1322(b)(2) were in conflict.... Second, we concluded that § 1322(b)(2) trumped § 506(a).... The Supreme Court rejected our reasoning that § 506(a) was rendered a nullity by § 1322(b)(2)....
In re Bartee, 212 F.3d 277, 286 (5th Cir.2000).
Given the Court’s refusal to “nullify” § 506(a), it becomes fairly easy to choose between the competing interpretations of § 1322(b)(2) discussed earlier. As already noted, § 506(a) is relevant only if § 1322(b)(2)’s protection from modification is construed as a dependent clause, rather than as a freestanding provision. From a purely textual standpoint, then, the better view is that Nobelman construed § 1322(b)(2) in such a way as would permit modification of mortgage-secured claims that are deemed wholly unsecured by operation of § 506(a). See, e.g., In re Tanner, 217 F.3d 1357, 1360 (11th Cir.2000); Bartee, 212 F.3d at 291; In re McDonald, 205 F.3d 606, 615 (3d Cir.), cert. denied, 531 U.S. 822, 121 S.Ct. 66, 148 L.Ed.2d 31 (2000); In re Mann, 249 B.R. 831, 840 (1st Cir. BAP 2000); In re Lam, 211 B.R. 36, 41 (9th Cir. BAP 1997) (per curiam); In re Phillips, 224 B.R. 871, 872-73 (Bankr.W.D.Mich.1998); 8 Collier on Bankruptcy, § 1322.06[l][a][i] (15th ed. rev.2000) (noting Nobelman’s “reli[ance] on the fact that, even after bifurcation, the creditor ... was ‘still the ‘holder’ of a ‘secured claim[,]’ ” and asserting that the “opinion strongly suggests ... that if a lien is completely undersecured, there would be a different result”); see also In re German, 258 B.R. 468, 469-70 (Bankr.E.D.Okla.2001); 5 Norton Bankruptcy Law & Practice 2d § 121:5, p. 177 n. 57 (Supp. Feb. 2001) (collecting cases). But see K. Lundin, Chapter 13 Bankruptcy, § 4.46, at 4-56 (2d ed.1994) (“The clear implication of [the analysis in Nobelman] is that even a completely unsecured claim holder ‘secured’ only by a hen on real property that is the debtor’s principal residence would be protected from modification by § 1322(b)(2) notwithstanding that such an ‘unsecured’ lienholder could not have an allowable secured claim under § 506(a).... ” (quoted in In re Perry, 235 B.R. 603, 607 (S.D.Tex.1999), overruled by Bartee, 212 F.3d 277)).
For what it is worth, the foregoing assessment of Nobelman apparently represents the majority view. See, e.g. 5 Norton Bankruptcy Law & Practice 2d § 121:5, p. 176 (Supp.Feb.2001); German, 258 B.R. at 469. This “pro-modification” camp also enjoys the distinction of having won over all three circuit courts and both Bankruptcy Appellate Panels that have addressed the issue. See Tanner, 217 F.3d at 1360; Bartee, 212 F.3d at 291; McDonald, 205 F.3d at 615; Mann, 249 B.R. at 840; Lam, 211 B.R. at 41. But see In re Dickerson, 222 F.3d 924, 926 (11th Cir. 2000), petition for cert. filed, Feb. 15, 2001 (disagreeing with Tanner, but concluding that it was bound by it “under the prior precedent rule”).
This Court, however, is not bound by any of the cases that have weighed in on the matter. So what’s really important here is whether the courts which supposedly have taken the “road less traveled” offer a persuasive reason for doing so. In the subsections which follow, we address each of the various arguments made by the “anti-modification” camp in support of its position.
(i) The Dictum Argument
At least one court characterized Nobelman’s discussion of § 506(a) as dictum. See In re Barnes, 207 B.R. 588, 592-93 (Bankr.N.D.Ill.1997). Accordingly, the court implies, it can properly be disregarded. See id. at 593 (“Our jurisprudence requires respect for a clear ruling by the United States Supreme Court.” (emphasis added)). This argument is faulty on several levels.
Dictum is defined as “[a] judicial comment made during the course of delivering a judicial opinion, but one that is unnecessary to the decision in the case.” Black’s Law Dictionary (7th ed.1999) (defining “obiter dictum”). See also, e.g., Kyle v. Office of Workers’ Compensation Programs, 819 F.2d 139, 143 (6th Cir.1987) (stating that a comment in a decision could “be viewed as dictum since it was not necessary to the court’s holding”); cf. McDonald, 205 F.3d at 612 (“Chief Judge Posner has aptly defined dictum as ‘a statement in a judicial opinion that could have been deleted without seriously impairing the analytical foundations of the holding....’” (quoting Sarnoff v. American Home Prods. Corp., 798 F.2d 1075, 1084 (7th Cir.1986))). The whole controversy over Nobelman revolves around the question of whether the Court indeed held that § 1322(b)(2) takes precedence over § 506(a). Compare, e.g., Bartee, 212 F.3d at 286 with, e.g., Barnes, 207 B.R. at 593 (indicating that Nobelman held that “[f]or a debtor in Chapter 13, § 1322(b)(2) trumps § 506(a)”) and with American Gen. Fin. v. Dickerson, 229 B.R. 539, 541 (M.D.Ga.1999), rev’d, Dickerson, 222 F.3d 924 (suggesting that Nobelman concluded that “Congress intended for § 1322(b)(2) to trump § 506(a) with respect to homestead liens”). If the Court did in fact so hold, then perhaps the § 506(a) passage could be characterized as dictum, on the theory that the passage concerned a statute which the Court (ultimately) deemed to be inapplicable.
If, on the other hand, the Court saw no conflict between these two statutes, then the § 506(a) passage is hardly dictum. To the contrary, one could argue under such circumstances that the passage was not only “necessary” to the Court’s holding, but that it actually constituted a part of the holding. Thus the notion that the passage is dictum is plausible only if the “pro-modification” camp misinterpreted Nobelman. This would mean that the dictum argument is circular: It doesn’t support the minority camp’s thesis — i.e., that § 1322(b)(2) “trumps” § 506(a) — unless one accepts the thesis itself. See McDonald, 205 F.3d at 612 (“The Supreme Court’s discussion [of § 506(a) ] is only dictum ... If you assume [the mortgagee’s] ... reading of the case is correct at the outset.”).
Another problem with the dictum argument is that even dicta from the Supreme Court must be heeded by lower courts, at least where the Court’s opinion is “considered” and clearly expressed. See, e.g., Hrometz v. Local 550, Int’l Ass’n of Bridge Constr. & Ornamental Iron-workers, 227 F.3d 597, 602 (6th Cir.2000) (“Although the interpretation given [to a statute by the Supreme Court] ... is technically dicta, its import is clear and therefore binding upon this court. See United States v. Oakar, 111 F.3d 146, 153 (D.C.Cir.1997) (‘Carefully considered language of the Supreme Court, even if technically dictum, generally must be treated as authoritative.’ (citation and internal quotation marks omitted)).”); McDonald, 205 F.3d at 612 (“ ‘[B]eing peripheral, [dictum] may not have received the full and careful consideration of the court that uttered it.’ ... [W]e should not idly ignore considered statements the Supreme Court makes in dicta.” (quoting Sarnoff, 798 F.2d at 1084)). The dictum argument is, therefore, incomplete: A case must be made for the proposition that the supposed dictum is either unclear, or addresses a matter which did not receive the Court’s full attention.
With respect to the latter point, it is hard to argue that the Court’s comments concerning § 506(a) were made without due deliberation. Nobelman, after all, dealt explicitly and exclusively with the interplay of that statute with § 1322(b)(2). It therefore is reasonable to presume that the passage in question did not represent offhanded remarks. Cf. id. (“[T]he Supreme Court’s discussion of § 506(a) was not likely to have been an ill-considered remark since the Fifth Circuit opinion that the Supreme Court reviewed expressly rejected [the assertion] that § 506(a) applies.”).
Nor can the § 506(a) passage, considered in isolation, be fairly branded as unclear. The Court stated in relatively plain terms that the bank’s claim could properly be subjected to valuation pursuant to § 506(a). Indeed, neither Barnes nor any of the other “minority” cases cited offered a plausible alternative explanation as to the passage’s meaning.
Of course, the rationale for Nobelman’s holding is not easily discerned — a fact to which the split among the cases cited herein readily attests. But this lack of clarity arises from the Court’s failure to explain how its § 506(a) discussion corresponds with the opinion’s other two sub-themes: (i) the emphasis on the mortgagee’s state-law rights; and (ii) the interpretation of § 1322(b)(2)’s “other-than” clause. As far as it goes, each of these three portions of the Nobelman opinion is relatively clear. It is the lack of a unifying, overarching theme — a passage which ties up the opinion’s disparate components — that makes Nobelman confusing.
In short, there is no sound basis for branding the § 506(a) passage as ill-considered or ambiguous. Even if the passage is dictum, then, this Court cannot simply disregard it.
Finally, the dictum argument misses the point. In this Court’s view, the critical question is how Nobelman construed § 1322(b)(2)’s other-than clause. The Court’s comments regarding § 506(a) are certainly relevant to that question, even if those comments can properly be labeled as dictum. Cf. Timbers of Inwood Forest, 484 U.S. at 371, 108 S.Ct. 626 (quoted supra p. 703). Thus the debate over whether this portion of the opinion was “necessary” is ultimately irrelevant.
For these reasons, the dictum argument is unimpressive.
(ii) The Conflict Argument
Many courts in the minority camp suggest that the majority view is incompatible with Nobelman’s emphasis on the mortgagee’s contractual rights under applicable state law. See, e.g., Perry, 235 B.R. at 607 (“Debtor’s argument does not comport with the Supreme Court’s focus on the rights of a creditor.”); Dickerson, 229 B.R. at 543 (“[T]he majority view ... completely ignores Nobelman’s emphasis on the existence of a lien rather than the presence of value in the” collateral.); In re Barnes, 199 B.R. 256, 257 (Bankr.W.D.N.Y.1996) (The debtor’s “argument ... overlooks the reasoning of [Nobel-man ] ... that section 1322(b)(2) focuses upon ‘rights’ rather than claims.”). But if one opts for the dependent-clause theory discussed above, those rights are in fact fully recognized — provided that the mortgagee’s claim is at least partially secured per § 506(a). Thus there is no conflict here: The only question is whether the Court’s discussion of contract rights applies to all mortgagees, or only those who can demonstrate that they hold a secured claim under § 506(a).
Some courts also imply that the majority view is contrary to the intent behind § 1322(b)(2) — viz., “to encourage the flow of capital in the home lending market.” In re Neverla, 194 B.R. 547, 550 (Bankr.W.D.N.Y.1996) (quoting Nobelman, 508 U.S. at 332, 113 S.Ct. 2106 (Stevens, J., concurring)). See also, e.g., Perry, 235 B.R. at 607-08; In re Bauler, 215 B.R. 628, 633 (Bankr.D.N.M.1997); In re Fraize, 208 B.R. 311, 313 (Bankr.D.N.H.1997). But both the stand-alone and the dependent-clause theories would offer residential lenders more favorable treatment than would be the case were there no anti-modification clause. Thus the question boils down to just how “favorable” this treatment is to be, and resort to general statements of legislative intent is not helpful.
Accordingly, the minority cases are wrong insofar as they assert or suggest that the dependent-clause theory is irreconcilable with Nobelman or § 1322(b)(2)’s underlying purpose.
(iii) The Absurdity Argument
With the dependent-clause theory, protection from modification is an all-or-nothing proposition. If the mortgagee’s claim is supported by at least some value in the debtor’s residence, then the entire claim is immune; If not, then the entire claim is vulnerable. The minority cases suggest that for this reason, the pro-modification camp’s reading of Nobelman is untenable:
Rebanee on the “still the holder” dicta in Nobelman yields an absurd result. If § 1322(b)(2)’s protection against modification were limited solely to security interests with underlying collateral, junior mortgagees with a single penny of equity in collateral in the debtor’s principal residence would still retain complete protection from a stripdown while junior mortgagees who lacked that penny of equity would find their entire claim stripped off.
Barnes, 207 B.R. at 593. See also, e.g., Perry, 235 B.R. at 607; Dickerson, 229 B.R. at 542-43; Bauler, 215 B.R. at 633; In re Shandrew, 210 B.R. 829, 832 (Bankr.E.D.Cal.1997); In re Jones, 201 B.R. 371, 374 (Bankr.D.N.J.1996); Barnes, 199 B.R. at 257-58.
In an effort to deflect this criticism, one majority case impbed that Barnes’s one-penny hypothetical is not particularly remarkable, as “[t]he code frequently protects, modifies, or abrogates important rights based on property valuations.” Hornes, 160 B.R. at 716. See also Mann, 249 B.R. at 838 (“[Bjankruptcy judges make distinctions of similar import in a variety of contexts.... ‘Bright-line rules that use a seemingly arbitrary cut-off point are common in the law.’ ” (quoting McDonald, 205 F.3d at 613)). Another argued that “the fact that courts may be concerned with drawing sharp lines with harsh effects does not excuse the need for doing so.” Johnson v. Asset Mgmt. Group, 226 B.R. 364, 369 (D.Md.1998).
These responses are not very compelling, as they beg the question of whether it would be irrational for Congress to permit the valuation to have consequences of the sort identified in Barnes. An affirmative answer to that question militates in favor of the minority’s construction of Nobelman. Cf. Dunn v. Commodity Futures Trading Comm’n, 519 U.S. 465, 470, 117 S.Ct. 913, 137 L.Ed.2d 93 (1997) (“[A]bsent any ‘indication that doing so would frustrate Congress’s clear intention or yield patent absurdity, our obligation is to apply the statute as Congress wrote it.’ ” (citations omitted)).
However, even if one accepts the premise that the majority’s dichotomous approach is illogical, there remains the task of construing Nobelman in such a way as to eliminate that “absurdity” and yet also make sense of the opinion’s § 506(a) passage. The minority cases offer no mode of analysis which achieves both of these objectives. In effect, then, the criticism in Barnes suggests that courts should prefer one absurdity (the Court didn’t mean what it said with regard to § 506(a)) over another (the all-or-nothing consequences of assuming that the Court did mean what it said about § 506(a)).
There is another, more fundamental flaw in this argument. It implicitly assumes the feasability of a “middle ground” — i.e., that it is practical to protect from modification only that portion of a claim which is deemed secured after application of § 506(a). If it were otherwise, then the all-or-nothing approach could not fairly be characterized as absurd. This is so because, rather than giving up entirely and making all residential mortgage claims modification-proof, Congress might rationally conclude that some level of security (as determined by § 506(a)) must be established to qualify for § 1322(b)(2)’s protection. And whether the threshold is set at 100% (i.e., fully secured), or some lesser number, the theoretical “problem” identified by the minority cases remains the same: A one-penny difference in valuation could spell the difference between total protection from modification and no protection at all.
Put differently, if one accepts the premise that it is not feasible to “give effect” to claim bifurcation, then it means that in deciding the scope of § 1322(b)(2)’s protection from modification, a choice must be made between protection that is over-inclusive (at least some undersecured claims are entirely immune) or under-inclusive (at least some such claims are entirely vulnerable). Faced with this choice, perhaps the fairest approach would be to “split the difference” by requiring that the claim be at least 50% secured under § 506(a) in order to qualify for protection from modification. It would not be absurd, however, for Congress to opt in favor of granting the full “windfall” to the mortgagees (as would be the upshot of the majority’s construction of Nobelman) by requiring only that the claim be supported by some value. After all, as pointed out in Nobelman itself, “the legislative history indicat[es] that favorable treatment of residential mortgagees was intended to encourage the flow of capital into the home lending market.” Nobelman, 508 U.S. at 882, 113 S.Ct. 2106 (Stevens, J., concurring). A mortgagee-slanted resolution of the dilemma outlined above would certainly promote this “flow of capital.”
Some might not agree that it is impractical to tailor the scope of protection from modification to the size of the mortgagee’s post-valuation secured claim. What matters here, though, is the fact that Nobel-man quite clearly saw things differently:
[W]e cannot discern how § 1322(b)(2) could be administered under [the debtors’] ... interpretation. [The debtors] ... propose to reduce the outstanding mortgage principal to the fair market value of the collateral, and, at the same time, they insist that they can do so without modifying the bank’s rights “as to interest rates, payments amounts, and [other] contract terms.” Brief for Petitioners 7. That appears to be impossible. The bank’s contractual rights are contained in a unitary note that applies at once to the bank’s overall claim, including both the secured and unsecured components. [The debtors] ... cannot modify the payment and interest terms for the unsecured component, as they propose to do, without also modifying the terms of the secured component. Thus, to preserve the interest rate and the amount of each monthly payment specified in the note after having reduced the principal to $23,500, the plan would also have to reduce the term of the note dramatically. That would be a significant modification of a contractual right. Furthermore, the bank holds an adjustable rate mortgage, and the principal and interest payments on the loan must be recalculated with each adjustment in the interest rate. There is nothing in the mortgage contract or the Code that suggests any basis for recalculating the amortization schedule— whether by reference to the face value of the remaining principal or by reference to the unamortized value of the collateral. This conundrum alone indicates that § 1322(b)(2) cannot operate in combination with § 506(a) in the manner theorized by ... [the debtors].
In other words, to give effect to § 506(a) ’s valuation and bifurcation of secured claims through a Chapter 13 plan in the manner [the debtors] ... propose would require a modification of the rights of the holder of the security interest. Section 1322(b)(2) prohibits such a modification where, as here, the lender’s claim is secured only by a lien on the debtor’s principal residence.
Nobelman, 508 U.S. at 331-32, 113 S.Ct. 2106 (emphasis added).
So far as the Supreme Court was concerned, then, the very nature of the protection afforded by § 1322(b)(2) is “all or nothing”: A creditor’s claim cannot be “partially” subject to modification. Accepting that premise (as we should, since our goal is to accurately construe Nobel-man), the dependent-clause theory— though biased in favor of mortgagees— does not represent an absurd policy choice.
(iv) The Lack-of-Congressional-Response Argument
One of the stranger arguments in support of the minority position cites “the failure of Congress to redraft Section 1322(b)(2) after the Nobelman decision when it was fully aware of the controversy with regard to wholly unsecured Homestead Mortgages.” Neverla, 194 B.R. at 552. As a general proposition, the notion that what Congress does (or does not do) can serve as a legitimate basis for establishing the meaning of a statute previously-enacted by a different Congress is dubious. See Consumer Product Safety Comm’n v. GTE Sylvania, 447 U.S. 102, 117, 100 S.Ct. 2051, 64 L.Ed.2d 766 (1980) “[T]he views of a subsequent Congress form a hazardous basis for inferring the intent of an earlier one.” (citations omitted); Fletcher v. Housing Auth. of Louisville, 525 F.2d 532, 535 (6th Cir.1975) (“Legislative action cannot ... change ex post facto what was the intent of prior legislation.”).
Leaving that question aside, however, we fail to see how Congress’s non-response helps to resolve the “controversy.” After all, it would have been just as easy for Congress to “redraft” § 1322(b)(2) in a manner which vindicated either camp’s reading of Nobelman (or, for that matter, to opt for some third alternative). In this Court’s view, then, Congress’s post -Nobel-man silence clarifies nothing.
(v) The Claim-Secured Assumption
Some courts in the minority camp focus on the fact that § 1322(b)(2)’s other-than clause refers not to “a secured claim,” but rather to a “claim secured.” See Bauler, 215 B.R. at 632-33; Dickerson, 229 B.R. at 542. As already discussed, Nobelman likewise found this choice of phrases to be significant, and inferred therefrom that the clause relates to “the lienholder’s entire claim, including both the secured and the unsecured components of the claim.” Nobelman, 508 U.S. at 331, 113 S.Ct. 2106. The minority cases cited apparently believe that this basically settles the dispute: Since under Nobelman the clause encompasses post-valuation unsecured claims, it makes no difference whether there happens to be a corresponding, post-valuation secured claim.
In other words, these cases are implicitly assuming that the “independent clause” theory should prevail over the “dependent clause” theory. For reasons explained earlier, this assumption is unfounded.
(vi) The Policy Arguments
As courts are wont to do, the minority cases have articulated various theories as to why their interpretation of Nobelman makes for better social policy. The majority view, they argue, would encourage individuals contemplating bankruptcy to stop making payments on senior mortgages, in the hopes of dooming the junior mortgagee’s secured status. See, e.g., Shandrew, 210 B.R. at 832 (“[T]o withhold the protection of section 1322(b)(2) from home mortgages unsupported by equity ... would give a debtor an incentive to inflate senior liens by nonpayment and then file a chapter 13 petition when the senior lien exceeds the home’s value.”); Jones, 201 B.R. at 374; Neverla, 194 B.R. at 551. Their approach, they point out, offers the advantage of predictability, as application of the anti-modification clause would not be contingent on the outcome of the § 506(a) valuation. See id. at 552; In re Perkins, 237 B.R. 658, 660-61 (Bankr.S.D.Ohio 1999). One court also made the dubious assertion that the majority’s approach would mean that confirmed chapter 13 plans could be undone based on “future fluctuations of the collateral market value.” Barnes, 207 B.R. at 593.
Cases in the majority have come up with policy arguments of their own. The First Circuit Bankruptcy Appellate Panel, for example, reasoned: “Outside of bankruptcy, a lien with no collateral value cannot deliver any funds to the lienholder upon foreclosure. Such a lien should not deliver better rights in the bankruptcy court.” Mann, 249 B.R. at 837-38. For its part, the Third Circuit asserted that “second mortgages are rarely used to purchase a home.” McDonald, 205 F.3d at 613. Accordingly, “[t]he holder of a second mortgage is apt to be very much like other general creditors, and therefore it seems reasonable that a wholly unsecured second mortgage will be subject to the same rules that apply to other secured claims — i.e., a claim not secured by any current value in the specified collateral is deemed an unsecured claim.” Id.
The important point here, though, is not which camp has the stronger policy arguments. Rather, what’s significant is that there is no justification for the view (nor is anybody suggesting) that the various policy arguments are so one-sided that Nobelman could not possibly have meant what either the minority or the majority camp say it meant. Cf. Dunn, 519 U.S. at 470, 117 S.Ct. 913 (quoted supra p. 708). But see American Textile Mfrs. Inst. v. The Limited, Inc., 190 F.3d 729, 738-39 (6th Cir.1999), cert. denied, 529 U.S. 1054, 120 S.Ct. 1556, 146 L.Ed.2d 461 (2000) (acknowledging that “a court may not allow policy considerations to trump the plain language of a statute,” but indicating that it may take such considerations into account as a means of ascertaining Congress’s intent with respect to an “ambiguous” statutory term). It therefore is inappropriate for lower-court judges to alter their reading of that case based solely on what they believe would be the most desirable outcome.
To summarize, this Court agrees with the Third Circuit that “the textual arguments about Nobelman by themselves require” the conclusion that the anti-modification clause does not cover wholly unsecured mortgages. McDonald, 205 F.3d at 613. The cases which have held to the contrary are unpersuasive. Because the majority position represents the more logical interpretation of Nobelman, the Court adopts it.
Counsel for the Debtor shall submit an appropriate order.
. The better view is that the contested-matter format does not necessarily compromise procedural due process. See In re Zumbrun, 88 B.R. 250, 252 (9th Cir. BAP 1988); In re limbs, 178 B.R. 989, 995 (Bankr.E.D.Tenn.1994); In re Forty-Five Fifty-Five, 111 B.R. 920, 922 (Bankr.D.Mont.1990); In re Analytical Sys., 71 B.R. 408, 412 (Bankr.N.D.Ga. 1987). But see In re Loloee, 241 B.R. 655, 661 (9th Cir. BAP 1999) (“The procedural requirement in Rule 7001(2) that lien priorities be resolved by adversary proceeding has implications for due process that become important when a Rule 9014 contested matter is asked to do an adversary proceeding’s job.”).
. At least one court made an effort to do so, reasoning that § 506(a) serves purposes other than that of facilitating the proposed modification of a mortgagee's claim:
[Sjection 506(a) ... may be used to determine whether, prior to plan confirmation, a secured creditor is entitled to adequate protection. In United Savings Association v. Timbers of Inwood Forest Associates, Ltd., 484 U.S. 365, 108 S.Ct. 626, 98 L.Ed.2d 740 ... (1988), the Supreme Court held that section 506(a) must be applied to determine if a creditor was oversecured and therefore entitled to post-petition, pre-con-firmation interest as adequate protection. Also, collateral must be valued under section 506(a) to determine if certain fees and costs may be added to the secured claim. 11 U.S.C. § 506(b).
In re Shandrew, 210 B.R. 829, 831 n. 3 (Bankr.E.D.Cal.1997).
The functions identified in Shandrew, however, were not relevant to the issue at hand in Nobelman. It therefore seems unlikely that the Supreme Court was referring to these unrelated matters. And even if one accepts the rather dubious proposition that Nobelman was simply stating that a debtor’s invocation of § 506(a) is generally appropriate, there remains the question of why the Court deemed it worthwhile to note that the § 506(a) valuation demonstrated that the bank was “still the 'holder' of a 'secured claim.' ” Nobelman, 508 U.S. at 329, 113 S.Ct. 2106. Shandrew’s attempt to reconcile Nobelman’s discussion of § 506(a) leaves that question unanswered.
The better view, then, is that the minority’s construction of Nobelman provides no satisfactory explanation for this aspect of the Court’s opinion. See, e.g., In re Williams, 161 B.R. 27, 29-30 (Bankr.E.D.Ky.1993) (Nobel-man’s statement that the debtors " 'were correct in looking to § 506(a)['] ... is meaningless unless some portion of the claim must be secured under § 506(a) analysis before the creditor is entitled to retain the rights it has under state law.”); see also In re McClurkin, 31 F.3d 401, 406 (6th Cir.1994) (rejecting a mortgagee's argument that “Nobelman prohibits the ... bifurcation of] its claim under § 506(a),” reasoning that "[t]he Court simply held that § 1322(b)(2) prohibits confirming a reorganization plan which 'give[s] effect’ to such bifurcation, i.e., modifies the creditor's rights with respect to either the creditor's secured or unsecured claim components”).
. In this regard, it is worth noting Nobel-man’s statement to the effect that a § 506(a) valuation which demonstrates that a mortgagee's claim is less than fully secured "does not necessarily mean that the [mortgagee’s] 'rights' ... are limited by the valuation.” No-belman, 508 U.S. at 329, 113 S.Ct. 2106 (emphasis added). This passage suggests, of course, that the valuation can in some instances adversely affect such rights. Yet under the minority construction of Nobelman, mortgagee rights are absolutely inviolable.
. This analysis assumes, of course, that Congress intended to deny protection from modification to the extent a claim is shown by the § 506(a) valuation to be unsecured. The minority cases do not suggest that this objective would be "absurd,” nor is there any basis for such an assertion.
. The better view, and the law in this circuit, is that a chapter 13 debtor cannot modify a confirmed plan so as to reduce the amount of a secured claim based on post-confirmation depreciation in the collateral. See In re Nolan, 232 F.3d 528, 532-35 (6th Cir.2000).
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CASELAW
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There is considerable confusion and misunderstanding about the meaning of the maximum reported Specific Absorption Rate (SAR) values for cell phones (and other wireless devices). SAR is a measure of the rate of RF (radiofrequency) energy absorption by the body from the source being measured – in this case, a cell phone. SAR provides a straightforward means for measuring the RF exposure characteristics of cell phones to ensure that they are within the safety guidelines set by the FCC.
Many people mistakenly assume that using a cell phone with a lower reported SAR value necessarily decreases a user’s exposure to RF emissions, or is somehow “safer” than using a cell phone with a high SAR value. While SAR values are an important tool in judging the maximum possible exposure to RF energy from a particular model of cell phone, a single SAR value does not provide sufficient information about the amount of RF exposure under typical usage conditions to reliably compare individual cell phone models. Rather, the SAR values collected by the FCC are intended only to ensure that the cell phone does not exceed the FCC’s maximum permissible exposure levels even when operating in conditions which result in the device’s highest possible – but not its typical - RF energy absorption for a user.
SAR Testing
SAR testing uses standardized models of the human head and body that are filled with liquids that simulate the RF absorption characteristics of different human tissues. In order to determine compliance, each cell phone is tested while operating at its highest power level in all the frequency bands in which it operates, and in various specific positions against the dummy head and body, to simulate the way different users’ typically hold a cell phone, including to each side of the head. To test cell phones for SAR compliance, the phone is precisely placed in various common positions next to the head and body, and a robotic probe takes a series of measurements of the electric field at specific pinpoint locations in a very precise, grid-like pattern within the dummy head and torso. All data for each phone placement are submitted as a part of the equipment approval test report for final authorization. However, only the highest SAR values for each frequency band are included in the final authorization to demonstrate compliance with the FCC’s RF guidelines.
What SAR Shows
The FCC requires that cell phone manufacturers conduct their SAR testing to include the most severe, worst-case (and highest power) operating conditions for all the frequency bands used in the USA for that cell phone. The SAR values recorded on the FCC’s authorization and in the cell phone manual to demonstrate compliance with Commission rules indicate only the highest single measurement taken for each frequency range that the particular model uses. FCC approval means that the device will never exceed the maximum levels of consumer RF exposure permitted by federal guidelines, but it does not indicate the amount of RF exposure consumers experience during normal use of the device. While only the maximum SAR values are used for FCC approval, all test reports submitted by the manufacturer are available in full for public inspection on the Commission’s website.
What SAR Does Not Show
The SAR value used for FCC approval does not account for the multitude of measurements taken during the testing. Moreover, cell phones constantly vary their power to operate at the minimum power necessary for communications; operation at maximum power occurs infrequently. Consequently, cell phones cannot be reliably compared for their overall exposure characteristics on the basis of a single SAR value for several reasons (each of these examples is based on a reported SAR value for cell phone A that is higher than that for cell phone B):
• Cell phone A might have one measurement that was higher than any single measurement for cell phone B. Cell phone A would, therefore, have a higher reported SAR value than cell phone B, even if cell phone B has higher measurements than A in most other locations and/or usage configurations. In such a case, a user generally would receive more RF energy overall from cell phone B.
• Cell phone A might communicate more efficiently than cell phone B, so that it operates at lower power than cell phone B would under comparable conditions. Consequently, a user would receive more RF energy overall from cell phone B.
• The highest value from cell phone A might come from a position which the user seldom or never employs to hold a phone, whereas that user might usually hold a phone in the position that resulted in the highest value for cell phone B. Therefore, the user would receive the highest RF exposure that cell phone B delivers but would not receive the highest RF exposure that cell phone A delivers.
The Bottom Line
ALL cell phones must meet the FCC’s RF exposure standard, which is set at a level well below that at which laboratory testing indicates, and medical and biological experts generally agree, adverse health effects could occur. For users who are concerned with the adequacy of this standard or who otherwise wish to further reduce their exposure, the most effective means to reduce exposure are to hold the cell phone away from the head or body and to use a speakerphone or hands-free accessory. These measures will generally have much more impact on RF energy absorption than the small difference in SAR between individual cell phones, which, in any event, is an unreliable comparison of RF exposure to consumers, given the variables of individual use.
Consumer Help Center
For more information on consumer issues, visit the FCC’s Consumer Help Center at https://consumercomplaints.fcc.gov.
Accessible formats
To request this article in an accessible format - braille, large print, Word or text document or audio - write or call us at the address or phone number at the bottom of the page, or send an email to fcc504@fcc.gov.
Print Out
Specific Absorption Rate (SAR) For Cell Phones: What It Means For You Guide (pdf)
Date Last Updated/Reviewed:
Wednesday, November 4, 2015 - 4:00pm
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ESSENTIALAI-STEM
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File:Parabolic Pattern.jpg
Summary
J. Murphy, JPEG screen capture from generic, public domain model of a shipboard HF antenna using Numerical Electromagnetics Code (NEC) software. Software version non-proprietary.
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WIKI
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Page:Dictionary of National Biography, Third Supplement.djvu/294
are of special importance: Fountains Abbey (1900); The Architectural History of the Cathedral Church of St. Andrew at Rochester (1900); The Stall-Plates of the Knights of the Order of the Garter (1901); The Abbey of St. Mary-in-Furness (1902); Windsor Castle, an architectural history, 2 vols., with portfolio of plans (1913); A Grammar of English Heraldry (1913); Heraldry for Craftsmen and Designers (1913); Cowdray and Easebourne Priory (1919); The History of the London Charterhouse (1925). He was also a principal collaborator in The Chronicles of … All Saints, Derby (with J. C. Cox, 1881); The Corporation Plate … of the Cities of England and Wales (completed from the work of Llewellynn Frederick William Jewitt [q.v.], 1895); Inventories of Christ Church, Canterbury (with J. Wickham Legg [q.v.], 1902); Kirkstall Abbey (with J. Bilson, 1907); Pageant of the Birth, Life and Death of Richard Beauchamp, Earl of Warwick (with Viscount Dillon, 1914); English Liturgical Colours (with E. G. C. F. Atchley, 1918).
HOPKINSON, BERTRAM (1874–1918), engineer and physicist, was born at Birmingham 11 January 1874. He was the eldest son of Dr. John Hopkinson, F.R.S. [q.v.], by his wife, Evelyn Oldenbourg, and inherited his father's combination of mathematical power with insight into physics, and with the ability to apply scientific ideas to practical problems. The family soon moved to London, and Bertram was educated at St. Paul's School, living at home in close association with his father, from whom he imbibed scientific habits of thought as well as much engineering knowledge. At the age of seventeen he went to Cambridge, entering Trinity College with a major scholarship. He missed the first part of the mathematical tripos through illness; in the final part he was placed in the first division of the first class. Soon after taking his degree (1895) he was called to the bar, but the tragic death of John Hopkinson in 1898 led Bertram to turn to engineering, in order to continue, so far as he could, his father's unfinished professional work. By 1903 he had acquired a considerable reputation as an engineer, and when, in that year, the chair of mechanism and applied mechanics at Cambridge became vacant, Hopkinson was selected to fill it. He held the professorship until his death fifteen years later. In 1903 he married Mariana, eldest daughter of Alexander Siemens, a former president of the Institution of Civil Engineers, and by her he had seven daughters.
As professor of mechanism, Hopkinson became responsible for the school of engineering at Cambridge, which, thanks to the establishment ten years earlier of a mechanical science tripos, was already vigorous. Under his management its progress was maintained, its numbers were doubled, and its position advanced both in the university and in the profession outside. Hopkinson was an effective teacher, with a passion for research which students found inspiring. A collected volume of his scientific papers, published by the Cambridge University Press in 1921, contains twenty-nine items and gives evidence of unflagging industry, originality of outlook, and ingenuity in devising methods of experiment. His chief investigations relate to the endurance of metals under varying stresses, the magnetic properties of iron and its alloys, the action of internal-combustion engines and the process of explosion in gases, and the pressure produced in the detonation of high explosives. His work is characterized by clear appreciation of practical issues, and by direct attack on the essential features of the problem in hand. He was elected F.R.S. in 1910 and became a professorial fellow of King's College, Cambridge, early in 1914.
On the outbreak of war in 1914, Hopkinson accepted a commission in the Royal Engineers. Use was soon found for his powers of experiment and design. In particular he was able to apply his previous study of explosions to the improvement of methods of attack and defence. His ‘pressure bar’ became a standard appliance for testing at Woolwich. His investigations determined the best form of bomb; other experiments, which he carried out for the Admiralty, led to the adoption of his invention for protecting ships of war by means of a projection or ‘blister’, so constructed as to absorb the energy of an exploding torpedo or mine without damage to the inner shell. For a time he was secretary of a committee set up by the Royal Society to advise the government on the scientific problems of the War, and he also took part in an organization for dealing with enemy cipher. Later he was appointed to the department of military aeronautics, where he was soon entrusted with the supply to aircraft of all items of 268
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WIKI
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Class: LD::Patch::Format
Inherits:
RDF::Format show all
Defined in:
vendor/bundler/ruby/3.2.0/bundler/gems/ld-patch-3d348bf87943/lib/ld/patch/format.rb
Overview
LD::Patch format specification. Note that this format does not define any readers or writers.
Examples:
Obtaining an LD Patch format class
RDF::Format.for(:ldp) #=> LD::Patch::Format
RDF::Format.for("etc/foaf.ldp")
RDF::Format.for(:file_name => "etc/foaf.ldp")
RDF::Format.for(file_extension: "ldp")
RDF::Format.for(:content_type => "text/ldpatch")
See Also:
Class Method Summary collapse
Methods inherited from RDF::Format
accept_type, accept_types, content_encoding, content_type, content_types, detect, each, file_extension, file_extensions, for, name, reader, reader_symbols, reader_types, require, symbols, uri, uris, writer, writer_symbols, writer_types
Class Method Details
.cli_commandsHash{Symbol => Lambda(Array, Hash)}
Hash of CLI commands appropriate for this format
Returns:
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# File 'vendor/bundler/ruby/3.2.0/bundler/gems/ld-patch-3d348bf87943/lib/ld/patch/format.rb', line 22
def self.cli_commands
{
patch: {
description: "Patch the current graph using a patch file",
help: "patch [--patch-input 'patch'] [--patch-file file]",
control: :button,
parse: true,
lambda: -> (argv, opts) do
opts[:patch_input] ||= case opts[:patch_file]
when IO, StringIO then opts[:patch_file]
else RDF::Util::File.open_file(opts[:patch_file]) {|f| f.read}
end
raise ArgumentError, "Patching requires a patch or reference to patch resource" unless opts[:patch_input]
opts[:logger].info "Patch"
patch = LD::Patch.parse(opts[:patch_input], base_uri: opts.fetch(:patch_file, "https://rubygems.org/gems/ld-patch"))
opts[:messages][:reasoner] = {"S-Expression": [patch.to_sse]} if opts[:to_sxp]
RDF::CLI.repository.query(patch)
end,
options: [
RDF::CLI::Option.new(
symbol: :patch_input,
datatype: String,
control: :none,
on: ["--patch-input STRING"],
description: "Patch in URI encoded format"
) {|v| CGI.decode(v)},
RDF::CLI::Option.new(
symbol: :patch_file,
datatype: String,
control: :url2,
on: ["--patch-file URI"],
description: "Patch file"
) {|v| RDF::URI(v)},
RDF::CLI::Option.new(
symbol: :to_sxp,
datatype: String,
control: :checkbox,
on: ["--to-sxp"],
description: "Instead of patching repository, display parsed patch as an S-Expression"
),
]
}
}
end
.to_symObject
67
# File 'vendor/bundler/ruby/3.2.0/bundler/gems/ld-patch-3d348bf87943/lib/ld/patch/format.rb', line 67
def self.to_sym; :ldpatch; end
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ESSENTIALAI-STEM
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pivot and unpivot functions in sql
Pivot and Unpivot functions in SQL
In this tutorial, we will learn about the PIVOT and UNPIVOT functions in SQL. For learning this further, we have to be familiar with SQL.
SQL stands for Structured Query Language. It is used to create and access data from the database. For accessing the data from the database in SQL, we have to write a query. The query is basically a SELECT statement that is used to access the data from the database.
In SQL, Pivot and Unpivot are relational operators that are used to transform one table into another in order to achieve a simpler view of the table. Conventionally we can say that the Pivot operator converts the rows data of the table into the column data. The Unpivot operator does the opposite that is it transforms the column-based data into rows. SQL PIVOT is used to convert the rows into columnar data. So, it can rotate the table values by changing a single column into multiple columns.
This operator is used to rotate table-valued expressions. It was first introduced in SQL Server 2005 version converts data from rows to columns. It splits the unique values from one column into many columns and then aggregates the remaining column values required in the final result.
PIVOT and UNPIVOT function in SQL
How to use the Pivot function in SQL
To get more details regarding below topics:
How to create a database in SQL
How to write the query in SQL
Select Statement in SQL
We must follow the following steps to create a PIVOT table :
Select the base dataset for pivoting.
Create temporary results with the help of a derived table or CTE (common table expression).
Make use of the PIVOT operator
Basic keywords in SQL
Below are some basic keywords in SQL.
SUM keyword in SQL
This operator is used to aggregate the values from the specified column to be used in the PIVOT table. We must use it with the PIVOT operator to get the aggregated column displays for the values sections.
FOR keyword in SQL
This keyword is used for the PIVOT table statement to instruct the PIVOT operator on which column the PIVOT function should be applied. Basically, it indicates the column names that will transform from rows to columns.
IN Keyword in SQL
IN keyword lists all the unique values from the PIVOT column to be displayed as the columns of the PIVOT table.
PIVOT function in SQL
PIVOT() function in SQL is used to modify our table for the easiest view of the table. It is used to convert row-based data into column-based data in a table.
Syntax
SELECT (ColumnNames)
FROM (TableName)
PIVOT
(
AggregateFunction(ColumnToBeAggregated)
FOR PivotColumn IN (PivotColumnValues)
) AS (Alias)
For understanding a pivot() function first we have to create the table.
CREATE THE TABLE IN DBMS
Assume, we have the following STUDENT table :
NameSalarycountry
John10000USA
Robert5000USA
David9000UK
John4500UK
Betty8000UAE
Example :
-----------Create Product Table----------
CREATE TABLE [dbo].[tblProducts]
(
[ProductName] [varchar](50) NULL,
[Quantity] [int] NULL,
[City] [nvarchar](50) NULL
) ON [PRIMARY]
-------------------------Insert data into the Product talbe----------------------------------
INSERT [dbo].[tblProducts] ([ProductName], [Quantity], [City]) VALUES (N'Laptop', 10, N'Noida')
INSERT [dbo].[tblProducts] ([ProductName], [Quantity], [City]) VALUES (N'Mobile', 12, N'Noida')
INSERT [dbo].[tblProducts] ([ProductName], [Quantity], [City]) VALUES (N'Desktop', 22, N'Noida')
INSERT [dbo].[tblProducts] ([ProductName], [Quantity], [City]) VALUES (N'Laptop', 23, N'Delhi')
INSERT [dbo].[tblProducts] ([ProductName], [Quantity], [City]) VALUES (N'Mobile', 34, N'Delhi')
INSERT [dbo].[tblProducts] ([ProductName], [Quantity], [City]) VALUES (N'Desktop', 7, N'Delhi')
INSERT [dbo].[tblProducts] ([ProductName], [Quantity], [City]) VALUES (N'Laptop', 87, N'Noida')
INSERT [dbo].[tblProducts] ([ProductName], [Quantity], [City]) VALUES (N'Mobile', 66, N'Noida')
INSERT [dbo].[tblProducts] ([ProductName], [Quantity], [City]) VALUES (N'Laptop', 45, N'Delhi')
------------------ Get all product records-------------------
SELECT City, ProductName, Quantity FROM tblProducts
------------------ Pivot on Product name column using order by city-------------------
SELECT City, Laptop, Mobile, Desktop
FROM (
SELECT City, ProductName, Quantity
FROM tblProducts
) AS product
PIVOT
(
SUM(Quantity)
FOR ProductName IN (Laptop, Mobile, Desktop)
) AS pvt ORDER BY City
Output :
pivot element in SQL
UNPIVOT function in SQL
UNPIVOT() function is quite opposite to the PIVOT function. Both functions are used to modify the table. But the UNPIVOT function is used to convert the column-based data into row-based data.
Syntax
SELECT (ColumnNames)
FROM (TableName)
UNPIVOT
(
AggregateFunction(ColumnToBeAggregated)
FOR PivotColumn IN (PivotColumnValues)
) AS (Alias)
Assume, we have the above Student table :
How to use Unpivot function in SQL
Let’s understand UNPIVOT with the help of the Example :
SELECT Name,Salary,country
FROM
(
SELECT Name,USA,UK
FROM Student
PIVOT
(
SUM(age) FOR Country IN (USA,UK)
) AS Pivottable
) A
UNPIVOT
(
age FOR country IN (USA,UK)
)
AS UnpivotTable
Output :
NameSalarycountry
John10000USA
Robert5000USA
David9000UK
John4500UK
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ESSENTIALAI-STEM
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Page:The poems of Edmund Clarence Stedman, 1908.djvu/439
SPOKEN AT SEA Surely they know me as I am,—
Only a cuckoo, at the best,
Watching, careless of hate and shame,
To crouch myself in another's nest.
But the women,—how they flutter and flout,
The stupid, terribly virtuous wives,
If I but chance to move about
Or enter within their bustling hives!
Buz! buz! in the scandalous gatherings,
When a strange queen lights amid their throng,
And their tongues have a thousand angry stings
To send her travelling, right or wrong.
Well, the earth is wide and open to all,
And money and men are everywhere,
And, as I roam, 't will ill befall
If I do not gain my lawful share:
One drops off, but another will come
With as light a head and heavy a purse;
So long as I have the world for a home,
I'll take my fortune, better or worse!
SPOKEN AT SEA
THE LOG-BOOK OF THE STEAMSHIP VIRGINIA
hundred miles and more
From the stormy English shore,
All aright, the seventh night,
On her course our vessel bore.
Her lantern shone ahead,
And the green lamp and the red
To starboard and to larboard
Shot their light.
Close on the midnight call
What a mist began to fall, 409
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WIKI
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User:Thaddeus Slamp
I have been unable to access this page as a logged in editor for months. I've replaced it w/ Tad Slamp, but I've done little w/ my Tad Slamp page. I may import this page to it. Those above me in rank wishing to erase it, have my permission. I have lost my password and my ability to get my password sent (I must add the qualifier "somehow" to the latter).
. Just to let all know: I am often @ a machine/station that has quite limmited access. Most strikingly I cannot access email or whole web search engines from these stations of which I write. If I fail to provide references ( references) @ times such is a main reason I ask for your leniance/patience.--Thaddeus Slamp 22:23, 16 February 2007 (UTC)
* user:Thaddeus Slamp/refonusepag
* user:Thaddeus Slamp/brief notes
I want to thank all who came to bat on either my behalf Hulses behalf, or against user: OverlordQ on the David Allen Hulse entry. I'll do some cleaning mysself, and I hope it gets placed and truly think it deserves so. All right, here is the user page by for and about user Thaddeus Slamp.
Brief note: Finally confirmed email
Brief note 2: I think I've found a way around my web access problem discussed above, except that I still have no email access from the stations I had none from before. So the news is I shall hopefully be better @ providing documentation of claims I make, soon (my solution is:http://www.archive.org/web/web.php, and it's the only solution I have, thus far).
Brief note 3:Tho I am listed<EMAIL_ADDRESS>I have another adress I would much prefer to receive email @ (and I definitely welcome all email other than the entirely frivolouse). It is this<EMAIL_ADDRESS>
Brief note 4: (w/regard to my editing): I am only surprised slightly by lack of feedback, becouse I do so much thats horrible, and so much thats great, that I just recon they ballance eachother out.
brief note 5: I've just been vandalised, and am slightly proud that I figured out the correct action in the situation just described. http://en.wikipedia.org/wiki/Wikipedia:Projects
(The Origonal is better, of course.)
favorite books
Robert A. Heinlein
* The Moon Is a Harsh Mistress
favorite albums
* ELP
* The Return of the Manticore
* Discipline (album)
* Close to the Edge
* Fragile (Yes album)
* Pink Floyd
* Animals (album)
* Planet P Project
* Pink World
* Planet P Project
* Pink World
* You're Under Arrest
* Venus and Mars
some of this user's favorite albums are not progressive rock
* The Dixie Dregs
* Night of the Living Dregs
* Laurie Anderson
* United States Live
* Prince
* Purple Rain (album)
* Mahavishnu Orchestra
* Visions of the Emerald Beyond
* The Lost Trident Sessions
* Mahavishnu Orchestra)
* Adventures in Radioland
* Sade (band)
* Promise (album)
* Todd Rundgren
* A Wizard, A True Star
* The Essentials
* Dennis Leary
* No Cure For Cancer
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WIKI
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Talk:Texas A&M University School of Law/Archive 1
Validity of new name?
* The buyout,while expected to go through, is not yet complete. There is no Texas A&M School of Law as of May 12, 2013. Why is the Texas Wesleyan page redirecting here? 04:05, 13 May 2013 User:<IP_ADDRESS>
Removal of information relating to lawsuit
I removed this section from the article to the talkpage:
"The suit focuses on the 1994 accreditation date of TAMU School of Law, the use of pre-acquisition graduates' bar statistics, employment statistics reported for pre-acquisition years , pro bono hour claims by TAMU School of Law that include those performed by pre-acquisition graduates , the touting of pre-acquisition alumni accomplishments , and statements made during the accreditation process to the American Bar Association and the Southern Association of Colleges and Schools, during which the ABA recognized the acquisition as a renaming of an old school, rather than recognition of a new law school."
There are several concerns. First the username gives the indication that the editor is connected to the lawsuit filed against the law school, and as such, should not be editing the article under WP:COI. Second, as far as I can tell, none of the cited references speak of the pre-acquisition years, which means that the statements are violations of WP:OR and WP:SYNTH.
I'm pinging as he's much better on COI issues than I am. Since my only concern is that the article reflect what sources say, and since I attended TAMU, I'm going to drop out of this and let others handle the matter. GregJackP Boomer! 23:22, 17 August 2015 (UTC)
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WIKI
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User:Kushi-tolom/sandbox
Abdul Mohsen El-Husseini (Arabic: عبدالمحسن الحسيني) is a lebanese politician, mayor of Tyre (Sour) and founder of the UOTM (Union Of Tyre Municipalities). He was born in 1936 in Jennata. He's particulary well-known in Lebanon for his contributions to the prosperity and development in the cities he worked in. His popularity in the south brought him the nickname Al Khal (which means: the uncle, the person trusted by everyone) or Abu Zafer(as the tradition says, the name of his first son).
=Biography=
Early life
Abdul Mohsen was born in Jennata, a village located in south Lebanon, the 10th of July in 1936 and moved with his family to Tyre in the early 1940s where his father Muhammed-Ali held a mini-market. He then moved to Deir Kanoun Al-Nahr, another village in the south. The family's economical situation made him leave school around the age of 12; therefore, he started working with his father in the fields in Cadmous. In the 50s, he started reading and showing interest about the SSNP (Syrian Social Nationalist Party) inspired by Antoun Saadeh, until he signed a five years contract to become a member of this party, but the hard financial situation made him travel to Kuwait in 1959 where he worked as a plumber and in construction sites. Around 1961, following his mother's death, Abu Zafer traveled to Ivory Coast, a very poor country back at the time, following his older brother where they started a company that traded Cocoa and Coffee beans arriving to buying and selling land there in the 1970s, and that's where he met Musa al-Sadr.
Personal life
In 1963, Abdel Mohsen got married to Nazek Ezzeddine, with whom he had four sons: Zafer, Jaafar, Sadek and Mohammad, and three daughters: Hala, Hawraa and Hanadi.
=Political career=
Back to Lebanon
In 1977, Abdel Mohsen's oldest brother passed away making him come back to Lebanon, although things became really hard especially with Israeli attacks on Lebanon, his love for his country made him stay. He was particularly attracted to Musa al-Sadr's ideology, which main objective was not to leave any homeless people, and separating religion and power. This ideoloygy had a big influence on all his political career. In 1983, during the Israeli invasion, Abu Zafer moved all his family to Beirut as the Israeli army started capturing all men in the South, but refused to leave Tyre where he personally got food, clothes and money for his country's army during the war, mostly to Burj el-Shemali and Toura, Lebanon where all enemies' eyes were on him. Especially after the killing of his close friend and neighbor Dr. Khalil Atoui, which made Abu Zafer more eager to win the war.
Building Tyre after the invasion
Abdel Mohsen created the Tyre Development Committee, an association with volunteers to rebuild all destroyed cities and at the same time covering the municipalities's charges and debts that later became an important association that rebuild all villages surrounding Tyre and the renovation of Tyre making it an essential touristic heritage. Another achievement is making a new source of distributing water for over 50 villages in the South in a village called Wadi Jilou in the Bint Jbeil area after the government's long time ignorance. That and re-making all South Lebanon's infrastructures, one the South has never seen since Lebanon's independence in 1943, in addition to making 4 car entrances to Tyre which had only one cooperating with Rafic Hariri who later became Lebanon's most loved prime minister, and that's where good relationships started between Abu Zafer and the Hariri family, and making the two most famous streets in Sour located on the Mediterranean Sea, Senegal Street, named after people from Senegal agreed to finance the street opening's works, and the "President Nabih Berry Avenue" named for the same reason of the previous one, where the city's most famous restaurants and lounges are. In addition to fixing the city's port for transport, for fishermen and mostly for commerce and trading, or the opening of Tyre Coast Nature Reserve where all endangered turtles in Lebanon are born and protected, other than being home for all migratory birds, making Tyre's beach, apart from being the longest one, the most beautiful and cleanest one in Lebanon arriving to Naqoura, one of the world's purest water. Without mentioning the public parks El Husseini opened and the kids fun zones. In 1989, he joined Amal Movement where he worked with Nabih Berri the Lebanese prime minister, who later became his best friend and was appointed as financial officer and that's how he started his political career. Abu Zafer continued his political career and duties being elected as mayor of Tyre, Lebanon in 2001 and founding the Union of Tyre Municipalities (UOTM) in 2003 which included 20 villages in South Lebanon, 70 now, of about 500 thousand people, in addition to several thousands of Palestinian refugees that are distributed on three camps in the Tyre area, and millions of Syrians and Iraqis refugees that came to Lebanon after the Syrian Civil War that started in 2011.
During the 2006 war
During the 2006 Lebanon War, Israeli forces invaded Lebanon from the south, making all citizens and politicians escape from Lebanon their country behind them, Abu Zafer was the only politician staying in Tyre, under the bombardments to make sure all his compatriots were safe with his arms wide open for all poor, homeless, injured or killed people when 40,000 displaced residents of the South flowed into his city and the government in Beirut was slow to respond that and showing up on multi international televisions an radio stations calling for help which strengthened the relations between Tyre and many countries such as Italy, France, South Korea, Turkey and many important people like Claudio Graziano, Alberto Asarta and François Hollande who later became a close friend. Abu Zafer stayed in Tyre during the war, but he didn't enter his house during the 33 days of war, the mayor's job wasn't enough for him, he turned into a driver, a gravedigger, a Red Cross volunteer, he opened all schools and hospitals as shelters, his mission was to ensure basic necessities, food, medicine and diesel fuel to run twin refrigerated trucks that he personally bought used as makeshift morgues. On the 14th of August 2006, Husseini was the first to call on the displaced to return to their towns and villages once the fighting stopped disregarding the rumors over unexploded munitions and the possibility of a fighting restart and had prepared 12 bulldozers a day before to open 8 crossings over the Litani River cut off by Israeli bombardment.The war ended and Abdul Mohsen was back to his daily routine with a heartbreak of all innocents killed something he mentioned in almost all his press conferences afterwards, a war that made so many damage to the whole country and still is the reason behind so many political, medical and economical issues in Lebanon more than 10 years after its end. Abu Zafer was honored by the Lebanese government and many other countries and nations for all his sacrifices during the war, such as the Italian, French and South Korean governments who all gave him medals in Lebanon as he refused to receive them anywhere but in his hometown.
After the war until the end
In 2010, Husseini didn't participate in the elections to be reelected as mayor of Tyre making chances for youngsters, but people insisted he should still be the UOTM president and remained an essential member in the municipality. Abu Zafer had relations with many municipalities, including strong relations with Barcelona province, the Union of the municipalities of south France, the Union of Italian province of Tuscany and Napoli province. Now that he stepped down from the Tyre Municipality presidency, Abu Zafer still worked for Tyre: he started a campaign to develop the tourism sector in South Lebanon with the help of the European Union making Tyre part of the World Heritage Site, and continued, as founder of agriculture ministry in South Lebanon, to work in the development of the agriculture sector believing in its importance and how many people depend on this sector to live being the link between farmers and the government or the ministry of agriculture, making sure each and every one of them gets his needs. He also worked in many different fields, heading the Health Support Committee in the city, a post he has held since the committee was set up in 1983 by the resistance to meet the medical needs of the community, needs not met by the government. he has, for example, worked on nature disasters like earthquake which is a big danger for the inhabitants of the South. Also, Abu Zafer worked a lot on developing relations between Lebanon and the UN, especially South Korea UNIFIL that became part of South Lebanon by its help and humanitarian, social, educational activities; or even with François Hollande who became a friend of him, and mostly with Italian forces, whom relations started during the 2006 war. The Toscan region is ,for example, helping in a European Union founded project for the tourism in South Lebanon. He met a lot of importants people such as Glenn Miles, the Australian Ambassador in South Lebanon, the Ambassador of Bologna, or Francois Barras, the Swiss Ambassador in Lebanon. Al Khal is known mostly for his charity and donations for his country, he was, and still the only mayor and Municipality president who doesn't take wages from his work, he lives from the fields he used to work in in his young ages and from his sons helps, and instead he donates his money and helps his city develop apart from his own money he pays to develop his country, like the garbage and pollution problems Lebanon suffered from a while ago where he payed from his own money to start recycling and exporting the trash. In 2016, Abu Zafer was re-elected as the UOTM president contributing for his city and had the same role in the municipality being the reason of the city's consistency and behind its development beside being the only one working hard on maintaining the relationships with other countries especially Italy, Switzerland and South Korea; and working on many problems like environmental pollution and many more, other than the program he started with the Swiss army in 2006 to protect lebanese people and Syrian refugees nowadays.
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WIKI
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Vaughan Smith
Henry Vaughan Lockhart Smith (born 22 July 1963) is a British video journalist. He ran the freelance agency Frontline News TV and founder of the Frontline Club in London. The Guardian has described him as "a former army officer, journalist adventurer and rightwing libertarian."
Early life
Smith's father was a Queen's Messenger and a colonel in the Grenadier Guards. Smith was an officer in the same regiment, serving in Northern Ireland, Cyprus and Germany. Smith captained the Army shooting team. Prior to setting up Frontline News TV, he was briefly a microlight test pilot.
Career
In the 1990s, Smith worked as an independent cameraman and video news journalist covering wars and conflict in Iraq, Afghanistan, Bosnia, Chechnya, Kosovo, and elsewhere. Smith himself filmed the only uncontrolled footage of the Gulf War in 1991, after he bluffed his way into an active-duty unit while disguised as a British Army officer.
"I applied for press accreditation to cover the Gulf War. I wasn't granted it. I had no chance as an independent and the mainstream news industry presented no opportunity for a beginner.
But I was determined to cover the conflict and so I impersonated an active duty British Army officer and spent two months filming the conflict incognito. As a result, I managed to bring back the only uncontrolled footage of the war."
During the '90s, Smith also ran Frontline News TV, an agency set up in 1989 to represent the interests of young video journalists who wanted to push the envelope of their profession. Frontline News TV was described by the BBC world affairs editor John Simpson as one of the "high peaks of journalism. Martha Gellhorn certainly thought so, and she was a pretty good judge". Its history has been detailed in a book Frontline: Reporting from the World's Deadliest Places, by David Loyn of the BBC.
During Smith's time as a freelance, he worked for many of the world's leading television stations and became an expert on, and advocator of, greater support for freelances operating in war zones. He has worked on journalist safety programmes.
As a freelance cameraman, he won, either individually or part of a team, 28 news awards (see below).
Smith has been shot twice, but escaped both times with light injuries. While he was filming the Serbian action at Prekaz in April 1998, a bullet lodged in his mobile telephone.
Current activities
Smith founded the Frontline Club in London in 2003 as an institution to champion independent journalism and promote better understanding of international news and its coverage.
Smith also runs a mixed organic farm on his estate at Ellingham Hall, in Norfolk, a "sprawling and elegant Georgian manor house near the town of Bungay" which has belonged to his family for more than three centuries. The estate is "[s]urrounded by 600 acres of woods and fields. . . . It has 10 bedrooms, a large dining room with a convivial circular table, and portraits of Smith's ancestors hanging on the walls." The farm specialises in pedigree rare-breed pigs, and provides the seasonal food for the Frontline Club and its public restaurant.
Julian Assange
In 2010, Smith gave refuge to Julian Assange, the founder of whistle-blowing website WikiLeaks, first at the Frontline Club and then at his country house.
He said of his decision to house Assange: "Having watched him give himself up last week to the British justice system, I took the decision that I would do whatever else it took to ensure that he is not denied his basic rights as a result of the anger of the powerful forces he has enraged."
"It was about standing up to the bully and the question of whether our country, in these historic times, really was the tolerant, independent and open place I had been brought up to believe it was and feel that it needs to be."
Having backed Julian Assange by offering surety in December 2010, he lost the money in June 2012 when a judge ordered it to be forfeited, as Assange had sought to escape the jurisdiction of the English courts by entering the embassy of Ecuador. At the Westminster magistrates court in October 2012, Smith plead on behalf of himself and eight other Assange sureties to keep their money, arguing they could not "meaningfully intervene in this matter […] between the Ecuadorean, British, Swedish, US and Australian governments."
Personal life
Smith lives at Ellingham Hall in Norfolk, England, with his wife, Pranvera, and their two daughters, Beatrice & Louise, and they also have a son called Henry.
Awards
As a freelance cameraman Smith won, either individually or as part of a team, 28 news awards. Most of them were for The Valley, a film which Smith produced about the Kosovo War, which remains one of the most acclaimed documentaries ever shown on the UK's Channel 4 television.
In 2007, Smith was the joint winner of a MediaGuardian Innovation Award and in 2008 a Rory Peck Award finalist for his film about Grenadier Guards in Helmand.
Giving a speech at the Rory Peck Awards ceremony, Smith strongly criticised news broadcasters for failing to give cameramen due recognition for their work. "I've been shot more times than I have been credited by the BBC," he said. "Without the recognition we deserve we spill our blood anonymously, consigned to the margins."
Contributions
* Smith produced The Valley, a film about the Kosovo war of 1998/9.
* Smith produced an independent multimedia blog From the Frontline in 2007, reporting from Southern Afghanistan. The blog earned him a Guardian Media Innovation Award.
* Smith co-produced Blood Trail, a feature documentary which follows photojournalist Robert King for 15 years, nominated for the 2008 Toronto Film Festival. The film was renamed Shooting Robert King in 2011 for its broadcast in the BBC's Storyville.
* In 2011, Smith produced Blood and Dust, a film about life and death on a US Medevac helicopter in Afghanistan.
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discussHEALTH
What Causes My Chin To Go Numb – Possible Causes of Chin Numbness
What Causes Numb Chin?
Before we answer that, you need to know the term paresthesia. Paresthesia is the sensation that involves both tingling and numbness. Some people call it “needles and pins sensation” because it really does feel like your skin has needles in it.
While the chin is not always exposed to physical pressure, unless of course when you put your chin on your hand for a long time, it may experience numbness and temporary tingling. If the numbness of the chin that you experience is chronic or recurrent, then it may be due to peripheral neuropathy.
What causes numb chin as peripheral neuropathy?
Neuropathy
One possible cause is the interruption of signal in the nerves. The head which includes the chin, lips and cheeks up to the forehead, has branches of nerves. When the main segment is irritated, then you will feel numbness. In the case of chin that goes numb frequently it is possible that your nerves in the jaw joint is irritated.
It Could Be TMJ
This is true for many TMJ disorder sufferers and they do not even know they have the symptom. Some other symptoms of TMJ are jaw popping sound, pain inside the ears, lateral headache and shoulder pain. A dentist or orthodontist may diagnose if you have TMJ disorder.
Other causes of numbing of the chin
Diabetes
On the other hand, the numbness in the chin may also be due to diabetic neuropathy. If you have diabetes or if your blood glucose level if abnormal, numbness in the face area is inevitable. Chronic numbness of the chin warrants special diagnostic tests and you may include diabetic screening in them.
Find out more Diabetes Signs
Sclerosis
Lastly, multiple sclerosis or MS may also include numbness of the chin as a symptom. Take note that there are other symptoms to watch out for like headache, loss of balance or even cognitive problems. If your chin recovers from numbness after a few exercises of the jaw within a few days, then most likely you do not have MS.
Do I have Stroke?
Some patients who experience one side body numbness may be experiencing a mild stroke. This is the same when you have some kinds of numbness in the face including the chin. If you have other stroke symptoms like weakness, severe headache or seizure, you need to rush to the hospital.
Remedy for chin numbness
For the mean time, you can do temporary numb chin remedy by exercising your jaw. Massage your chin slowly to reduce the “blank” and tingling sensation that you feel. This will also help in proper blood circulation in the area.
As always, we recommend that you consult a physician in order to diagnose your symptom properly. If chin numbing is not due to any of the illnesses mentioned, then you simply need to avail peripheral neuropathy treatments to get relief from chin numbness.
Discuss Health aims to give you simple to understand information on health. If you find our articles useful, kindly click "+1" button and recommend us to your friends. Thank you.
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ESSENTIALAI-STEM
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@article { author = {Zaibak, K. and Nait Bouda, N. and Biskri, S. and Mekideche-Chafa, F. and Chibani, Y.}, title = {Continuous Wavelet Transform Analysis of Turbulent Wall Jet Evolving Through a Backward Facing Step}, journal = {Journal of Applied Fluid Mechanics}, volume = {13}, number = {6}, pages = {1781-1793}, year = {2020}, publisher = {}, issn = {1735-3572}, eissn = {1735-3645}, doi = {10.47176/jafm.13.06.31370}, abstract = {A continuous wavelet transform (CWT) is used to detect the most important scales governing the dynamics of a turbulent wall jet flow that evolves through a backward facing step. Our particular interest is the region downstream of the step. The fluctuating velocity signals obtained experimentally by a laser Doppler anemometer at different heights from the wall are first analyzed in Fourier space by performing the density energy spectra (PSD). In the recirculation zone, we noticed that the flow loses its equilibrium when we approach the wall. This is obviously due to the complex nature of flow dynamics which exhibits a complex structure with various scales. Then, we applied the CWT with two wavelet functions: the eighth derivative of a Gaussian which is selected on the basis of the wavelet entropy measures and a Morlet wavelet. The first one is used to locate the more energetic structures and the second to detect the dominant frequencies of the high energy structures. It turns out that, in the external zone characterized by the presence of intermittent eddies; most of the energy is concentrated in the large scale structures. In the shear layer, different scales of structures are observed. We can also observe the physical phenomena such as extension or breakup of structures. In addition, the relative wavelet energy is applied to give the energy distribution at each scale. On the other hand, the Morlet wavelet is used in order to monitor the dragging of large structures characterized by a low frequency (large scale) originating from the wall-jet's external region towards the reattachment region. It is shown that the energy of these eddy structures decreases along their dragging.}, keywords = {Continuous wavelet transform,Morlet wavelet,The eighth derivative of a Gaussian wavelet,Turbulent flow,Wavelet entropy,Wall jet}, url = {https://www.jafmonline.net/article_1046.html}, eprint = {https://www.jafmonline.net/article_1046_f4b5166c835129fd1f26848f924d483d.pdf} }
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ESSENTIALAI-STEM
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STAR Erasmus Consultancy Project
The STAR Erasmus Consulting (SEC), formerly known as STAR Erasmus Consultancy Project, is a project of STAR, the study association of the Rotterdam School of Management (RSM), Erasmus University Rotterdam (EUR). SEC is the largest non-profit student research project in the Netherlands. It is a consultancy project in which tailor-made research is offered to Dutch companies that have an interest in expanding their business to an emerging country. Every year, the SEC project is carried out by 25 carefully selected students of the Rotterdam School of Management (RSM) Erasmus University. Each year, two professors guide the project to uphold the (academic) quality of the project. In previous years, SEC has completed projects in countries such as China, Mexico, India, the Republic of Korea, Vietnam, Brazil and Thailand.
History
The history of the STAR Erasmus Consulting dates back to more than thirty years ago. Over the years, the project has evolved and grown into its present state. Back in 1986, it started with the Project Committee investigating Thailand, Singapore and Indonesia. Research in countries such as China, Vietnam, India, Mexico and Malaysia followed before the project was renamed to European Business Study (EBS) in 1992. From then on, the focus was on European upcoming economies like Czechoslovakia, Ukraine, Turkey, Poland and Russia. In the college year 1997-1998 the scope was turned back globally again; the name of the project changed to the International Business Study (IBS).
The first country visited under the new format was South Africa. India, the Philippines, Brazil, China and Thailand were focused on next. India, Malaysia, Mexico, Vietnam, Brazil and the Republic of Korea were both visited twice. In the academic year 2012-2013 the project was renamed to Erasmus Consultancy Project. From then on the project visited Thailand, Chile, Malaysia and Peru. Indonesia will be visited this year.
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BabyAGI Reviews:an AI-powered task management system
AI Agents1年前 (2023)更新 Prompt engineer
6,229 0
About BabyAGI
BabyAGI is a Python project that demonstrates an AI-powered task management system that uses OpenAI and Pinecone APIs to create, prioritize, and execute tasks.
AI technology
BabyAGI is an AI-powered agent that uses OpenAI and vector databases like Chroma and Weaviate to perform tasks. It simplifies task creation, prioritization, and execution based on your instructions and previous task results. It has natural language processing capabilities, much like other popular chatbots such as ChatGPT. BabyAGI generates new tasks and stores/retrieves task results using Chroma and Weaviate. The GitHub repository contains all the details needed to install BabyAGI on your machine.
Objective
This Python script is an example of an AI-powered task management system. The system uses OpenAI and vector databases such as Chroma or Weaviate to create, prioritize, and execute tasks. The main idea behind this system is that it creates tasks based on the result of previous tasks and a predefined objective. The script then uses OpenAI’s natural language processing (NLP) capabilities to create new tasks based on the objective, and Chroma/Weaviate to store and retrieve task results for context. This is a pared-down version of the original Task-Driven Autonomous Agent (Mar 28, 2023).
How It Works
The script works by running an infinite loop that does the following steps:
1. Pulls the first task from the task list.
2. Sends the task to the execution agent, which uses OpenAI’s API to complete the task based on the context.
3. Enriches the result and stores it in Chroma/Weaviate.
4. Creates new tasks and reprioritizes the task list based on the objective and the result of the previous task.
BabyAGI Reviews:an AI-powered task management system
The execution_agent() function is where the OpenAI API is used. It takes two parameters: the objective and the task. It then sends a prompt to OpenAI’s API, which returns the result of the task. The prompt consists of a description of the AI system’s task, the objective, and the task itself. The result is then returned as a string.
The task_creation_agent() function is where OpenAI’s API is used to create new tasks based on the objective and the result of the previous task. The function takes four parameters: the objective, the result of the previous task, the task description, and the current task list. It then sends a prompt to OpenAI’s API, which returns a list of new tasks as strings. The function then returns the new tasks as a list of dictionaries, where each dictionary contains the name of the task.
The prioritization_agent() function is where OpenAI’s API is used to reprioritize the task list. The function takes one parameter, the ID of the current task. It sends a prompt to OpenAI’s API, which returns the reprioritized task list as a numbered list.
Finally, the script uses Chroma/Weaviate to store and retrieve task results for context. The script creates a Chroma/Weaviate collection based on the table name specified in the TABLE_NAME variable. Chroma/Weaviate is then used to store the results of the task in the collection, along with the task name and any additional metadata.
How to Use
To use the script, you will need to follow these steps:
1. Clone the repository via git clone https://github.com/yoheinakajima/babyagi.git and cd into the cloned repository.
2. Install the required packages: pip install -r requirements.txt
3. Copy the .env.example file to .env: cp .env.example .env. This is where you will set the following variables.
4. Set your OpenAI API key in the OPENAI_API_KEY and OPENAI_API_MODEL variables. In order to use with Weaviate you will also need to setup additional variables detailed here.
5. Set the name of the table where the task results will be stored in the TABLE_NAME variable.
6. (Optional) Set the name of the BabyAGI instance in the BABY_NAME variable.
7. (Optional) Set the objective of the task management system in the OBJECTIVE variable.
8. (Optional) Set the first task of the system in the INITIAL_TASK variable.
9. Run the script: python babyagi.py
All optional values above can also be specified on the command line.
Supported Models
This script works with all OpenAI models, as well as Llama and its variations through Llama.cpp. Default model is gpt-3.5-turbo. To use a different model, specify it through LLM_MODEL or use the command line.
Llama
Llama integration requires llama-cpp package. You will also need the Llama model weights.
• Under no circumstances share IPFS, magnet links, or any other links to model downloads anywhere in this repository, including in issues, discussions or pull requests. They will be immediately deleted.
Once you have them, set LLAMA_MODEL_PATH to the path of the specific model to use. For convenience, you can link models in BabyAGI repo to the folder where you have the Llama model weights. Then run the script with LLM_MODEL=llama or -l argument.
To help the BabyAGI community stay informed about the project’s progress, Blueprint AI has developed a Github activity summarizer for BabyAGI. This concise report displays a summary of all contributions to the BabyAGI repository over the past 7 days (continuously updated), making it easy for you to keep track of the latest developments.
FAQ
What is the use of BabyAGI?
In conclusion, BabyAGI is an innovative AI tool that automates complex decision-making tasks in various use cases, such as creative writing, research and to-do tasks.
What is baby AGI?
Developed by Yohei Nakajima, Baby AGI is a marvel of autonomous artificial general intelligence. This ingenious entity thrives on your fed objectives, utilizing a Python script that draws upon technologies from OpenAI, Pinecone, LangChain, and Chroma.
What is the difference between Auto GPT and baby AGI?
Baby AGI, or Baby Artificial General Intelligence, focuses on mimicking the cognitive abilities of human infants. On the other hand, Auto GPT, which stands for Automated Generative Pre-trained Transformer, involves training AI models, particularly GPT-4, to perform various tasks without task-specific fine-tuning.
Is BabyAGI open source?
The repository includes Python scripts, Dockerfiles, and requirements. txt files for installation, and its underlying code and features are continuously updated and improved by the development community. The tool is open-source and free to use.
Is baby AGI free?
Baby AGI is free; anyone can use it without paying fees.
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ESSENTIALAI-STEM
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Category:Songs about popes
A list of songs about the pope, both specific individuals as a more general pope.
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WIKI
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List of California state prisons
This is a list of state prisons in California operated by the California Department of Corrections and Rehabilitation (CDCR). CDCR operates 34 adult prisons in California, with a design capacity of 85,083 incarcerated people. CDCR both owns and operates 34 of the state prisons; it additionally operates California City Correctional Facility, a prison leased from CoreCivic.
CDCR operates a variety of other incarceration facilities, including fire camps and California Division of Juvenile Justice facilities. For more information on the totality of jurisdictions and facilities involved in incarceration in California, see Incarceration in California. For more information on the history, conditions, and demographics of California's prison system specifically, see Prisons in California.
== Facilities ==
Reception centers house incarcerate people incoming to the state prison system while they complete an evaluation and receive a custody score. After that, they may be transferred to another prison for longer-term confinement.
While all facilities have some level of education, treatment, and pre-release programs, reentry hubs provide specific reentry support to incarcerated people within 4 years of release, including cognitive behavioral therapy, job search skills, and financial literacy.
Prisons in California
* Eagle Mountain Community Correctional Facility, Eagle Mountain, California (owned and operated by Management and Training Corporation, closed in 2003)
* Deuel Vocational Institution, San Joaquin County, California, (closed in 2021)
* California Correctional Center, Lassen County, California, (closed March 30, 2023)
Out of State Facilities
In an effort to relieve California prison overcrowding that peaked in 2006, CDCR began housing California prisoners in prisons in other states. In 2009, CDCR began to phase out its use of out-of-state facilities, and it stopped incarcerating people in out-of-state facilities in 2019. The facilities were:
* West Tennessee Detention Facility, Tennessee (owned and operated by CoreCivic, exited in March 2009)
* North Lake Correctional Facility, Michigan (owned and operated by Geo Group, operated by the Michigan Department of Corrections, exited October 2011)
* Red Rock Correctional Center, Arizona (owned by CoreCivic, operated by the Arizona Department of Corrections, exited in October 2013)
* North Fork Correctional Facility, Oklahoma (owned by CoreCivic, operated by the Oklahoma Department of Corrections, exited in November 2015)
* Florence Correctional Facility, Arizona (owned and operated by CoreCivic, exited in Feb. 2016)
* Tallahatchie County Correctional Facility, Mississippi (owned and operated by CoreCivic, exited in July 2018)
* La Palma Correctional Facility, Arizona (owned and operated by CoreCivic, exited in June 2019)
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Did you already know that…
…pottery can survive in the ground for thousands of years. By studying it today, we can discover and understand how people lived in the past, what their places were like and how large their camps were. One of the first people to give significant contributions to the history of earliest pottery-making in North America were the Cree. They lived throughout the vast region of northern Manitoba. The Cree tradition of making pottery was 800 years long, and from their pottery it can be concluded that they were in communication with various groups in the vast region.
Cree women of Southern Indian Lake made pottery vessels from clay. The tradition of making pottery stretches throughout generations of grandmothers and young daughters. These vessels were used as containers, water jugs and cooking pots. Among the smaller items there were cups, bowls and plates.
…life for the first Icelanders, who arrived in 1875 in Canada on the land called New Iceland, wasn’t easy. With the support of Jón Sigurðsson, the leader of the Icelandic independence movement, they decided to settle on the land on the west shore of Lake Winnipeg, the place where town Gimli stands today. Those first days were very challenging, but settlers weren’t left on their own. Many Indigenous Peoples supported and helped Icelanders to adapt to their new home. They taught them farming techniques and how to fish on Lake Winnipeg. Leaving Iceland because of the terrible hardships which the island fell into, the newcomers didn’t know what to take to the new country, and what life would be like in the wilds of the Northwest Territories of Canada. Treasures they brought with them were democracy, literacy, law, religious faith and many books, the most treasured items in Icelandic homes. Icelanders teach their children to read before they start school and their favorite entertainment was listening to a family member read aloud. The main purpose of bringing as many books as possible was to keep their language alive, and to teach children the heritage of the Motherland. Their passion for learning the English language and strong willingness to accept a new way of life, made them one of the most successful immigrant groups.
…Canada’s most famous strike was launched on May 15, 1919. Around 35 000 ethnically diverse Winnipeg workers walked off the job and united in a massive “general strike”. They wanted fair treatment, better wages and better working conditions as well as collective bargaining rights. On June 21st, the situation culminated and thousands of people gathered in Winnipeg’s old Market Square to protest against the arrest of ten strike leaders. Government declared the strike as a revolutionary conspiracy and used force to prevent a parade of “dangerous revolutionaries”. On that day, known as “Bloody Saturday”, thirty people were injured and two people were killed. The strike called off the first week in July 1919. Although workers returned to the same conditions against which they had fought, their effort inspired a well-trodden path in political movements and acknowledged workers’ rights to collective bargaining.
…Nellie McClung made a great contribution in defending and protecting women’s place in family, political and social life. She was truly concerned for the women and the conditions in which they lived and worked in the early twenty century. She believed that if women are better organized, and free in every aspect of life, they could create a better life for every nation. Apart from being an active speaker and feminist, she was very active in political life. On January 27th, 1916, her great success was accomplished, and Manitoba became the first province to grant the vote to women in provincial elections on equal basis with men. She wasn’t just a passionate fighter for justice and equality for all, her talent for writing, devotion in supporting the war efforts and the Red Cross, as well as being an advocate for other social issues, secured her special place in the history as a true Canadian heroine.
In the beginning, man started to change nature and shape it towards his needs. This was the start of an indisputable social change that reflects in natural evolution. Migration as a social phenomenon has contributed to cultural, economic and political changes in Manitoba. One of the main reasons for resettlement was natural disasters, poor economic conditions and looking for better life across the ocean. Migrants transmit language, religion and culture and shape the life of the colony according to the model of the country of origin. With the examples of events herein, I tried to present part of natural, social and political changes that had great influence on social progress of Manitoba.
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New study finds coronavirus can survive in air for hours, on surfaces for days | TheHill
Shared Destiny. Shared Responsibility. New research is shedding light on the coronavirus’ viability to remain infections in the air and on different surfaces. Story at a glance New research suggests the highly contagious virus that causes COVID-19 can stay viable in the air for hours and live on some surfaces for days. A new study by researchers from the National Institutes of Health (NIH), the Centers for Disease Control and Prevention (CDC), Princeton University and UCLA published in The New England Journal of Medicine suggests the coronavirus is still viable in aerosols, when the virus becomes suspended in droplets when someone coughs or sneezes, for up to three hours. On surfaces such as plastic and stainless steel, the virus survived for up to two to three days. On cardboard the virus was viable up to 24 hours and just up to four hours on copper. The research provides key information about the stability of SARS-CoV-2, which causes COVID-19, and suggests people could become infected through the air and after touching contaminated objects. Scientists used a device to mimic the virus being deposited from an infected person on everyday surfaces in a household or hospital settings, such as through coughing, sneezing or touching objects, and investigated how long the virus stayed infectious on surfaces. Researchers note that as the virus can remain infectious in the air and on surfaces for hours and sometimes days, its ability to infect people drops sharply over time. The study comes as the World Health Organization (WHO) debates implementing new “airborne precautions” for medical staff treating coronavirus patients. In the U.S., more than 6,500 coronavirus cases have been confirmed with at least 115 deaths. More than 204,000 cases are confirmed worldwide with more than 8,200 deaths since the outbreak began in December. Politico reports the State Department is poised to issue a Level 4 travel advisory for international travel. Politico reports the State Department is poised to issue a Level 4 travel advisory for international travel. The pandemic poses some unique challenges in Indian Country. The pandemic poses some unique challenges in Indian Country. A new study published in Nature Medicine calculated people with the coronavirus in Wuhan had a 1.4 percent likelihood of dying. A new study published in Nature Medicine calculated people with the coronavirus in Wuhan had a 1.4 percent likelihood of dying. America is changing fast! Sign up for our newsletter to stay informed and engaged.
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NEWS-MULTISOURCE
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Citations:efflorescent
* 1964 — Then, as it came into focus, it assumed an unexpected form: a white skull—the universal symbol for poison ... white, powder-covered tablets at the bottom of his insect bottle ... an amazing resemblance between the texture of the moon’s surface and that of the efflorescent tablets of potassium cyanide. — Kobo Abé, The Woman in the Dunes, Chapter 30, 1962. Translated from Japanese by E. Dale Saunders.
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@article {Fu1524, author = {Fu, Kai and Makovey, Joanna and Metcalf, Ben and Bennell, Kim L. and Zhang, Yuqing and Asher, Rebecca and Robbins, Sarah R. and Deveza, Leticia A. and Cistulli, Peter A. and Hunter, David J.}, title = {Sleep Quality and Fatigue Are Associated with Pain Exacerbations of Hip Osteoarthritis: An Internet-based Case-crossover Study}, volume = {46}, number = {11}, pages = {1524--1530}, year = {2019}, doi = {10.3899/jrheum.181406}, publisher = {The Journal of Rheumatology}, abstract = {Objective. To evaluate the association of sleep quality, sleep duration, and fatigue with hip pain exacerbations in persons with symptomatic hip osteoarthritis (OA).Methods. Participants (n = 252) were followed for 90 days and asked to complete online questionnaires at 10-day intervals (control periods). A hip pain exacerbation (case periods) was defined as an increase of 2 points in pain intensity compared with baseline on a numeric rating scale (0{\textendash}10). Subjective sleep quality and sleep duration were assessed using the Pittsburgh Sleep Quality Index, and fatigue was measured by Multidimensional Assessment of Fatigue in both periods. Univariable and multivariable conditional logistic regressions were used to assess the association.Results. Of the 252 participants, 130 (52\%) were included in the final analysis. Univariate association analysis showed that both poor sleep quality and greater fatigue were associated with increased odds of pain exacerbations (OR 1.72, 95\% CI 1.04{\textendash}2.86; OR 1.92, 95\% CI 1.21{\textendash}3.05, respectively). Short sleep duration was not associated with pain exacerbations. Poor sleep quality and greater fatigue remained associated with pain exacerbations after adjustment for physical activity and night pain levels in multivariable analysis. There was no significant interaction between sleep quality and fatigue (p = 0.21).Conclusion. Poor sleep quality and greater fatigue were related to pain exacerbation in persons with symptomatic hip OA. Sleep disorders and fatigue should be considered when dealing with pain exacerbations.}, issn = {0315-162X}, URL = {https://www.jrheum.org/content/46/11/1524}, eprint = {https://www.jrheum.org/content/46/11/1524.full.pdf}, journal = {The Journal of Rheumatology} }
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ESSENTIALAI-STEM
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vicarious
I really don't know any of the commands that deal with HTML in c++. Can anyone
tell me if this is even possible
Ok, say I know the URL of an HTML file from a website. I'll put this URL in the pointer URL.
Now is there a way that C++ can get this HTML file that contains the code for a web page from it's URL Like if the URL was microsoft.com, could it grab the HTML document that creates that page If that is possible could it search through the HTML file for a specific string
If this is possible, can someone please show me an example
thanks, Mark
Re: Visual C++ General Can I Use C++ To Process HTML?
Lord Zoltan
You can do it a number of ways.
At the lowest level, you can manually open a socket with winsock to the web server on port 80 and issue http get and post commands and the response string from the server will be the resulting html.
However, that's far too low-level for what you want. Looking through, it appears that CInternetSession and CInternetSession::OpenURL might be the best thing for you to use. That's if you are happy to use MFC.
Lookup the CInternetSession class on the msdn help, it's got a full explanation of the class and examples on how to use the various functions etc.
Hope this helps!
Re: Visual C++ General Can I Use C++ To Process HTML?
Sheng Jiang
If you just need to download a file from the Internet, you can use URLDownloadToFile. After that, you can use regular expressions to parse the file.
Re: Visual C++ General Can I Use C++ To Process HTML?
Simple Samples
As said previously, there are multiple solutions. I forget what most of them are. You should ask this question in an IE programming newsgroup; it is outside the scope of this forum. It is beneficial for you to ask in a forum in which people familiar with these questions will help you.
There are relevant samples provided with VC and/or the Platform SDK.
If you want to get the raw HTML file exactly as it looks, then you need to use something less common; I forget what it is. If you use the most common solution, then you will get stuff such as the images that are in the page, instead of the HTML that references the image. After downloading the file, you can use various functions to process the HTML. You should ask in a newsgroup or web site in which this question is relevant; the suggestion to parse the HTML using regular expressions is not likely to be suggested by anyone familiar with the extensive capabilities available to process HTML.
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ESSENTIALAI-STEM
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Bruce Howe Hendricks
Bruce McCaw Howe Hendricks (born 1957) is a United States district judge of the United States District Court for the District of South Carolina and former United States magistrate judge of the same court.
Biography
Hendricks was born Bruce McCaw Howe in 1957 in Charleston, South Carolina. Hendricks attended Sweet Briar College where she played basketball. Later she transferred to the College of Charleston and received a Bachelor of Science degree in 1983. She received a Juris Doctor in 1990 from the University of South Carolina School of Law. From 1991 to 2002, she served as an Assistant United States Attorney in Charleston, South Carolina, where she prosecuted a wide array of criminal cases before both the United States District Court for the District of South Carolina and on appeal to the United States Court of Appeals for the Fourth Circuit. From 2002 to 2014, she served as a United States magistrate judge, in Greenville from 2002 to 2010 and in Charleston from 2010 to 2014. As part of her duties, she presided over the first drug court program in the District of South Carolina.
Federal judicial service
On June 26, 2013, President Barack Obama nominated Hendricks to serve as a United States district judge of the United States District Court for the District of South Carolina, to the seat vacated by Judge Margaret B. Seymour, who assumed senior status on January 16, 2013. She received a hearing before the Senate Judiciary Committee on February 11, 2014. Her nomination was reported out of committee by a 16–2 vote on March 6, 2014. On May 22, 2014, Senate Majority Leader Harry Reid filed for cloture on the nomination. On June 3, 2014, the United States Senate invoked cloture on her nomination by a 59–35 vote. On June 4, 2014, her nomination was confirmed by a 95–0 vote. She received her judicial commission on June 5, 2014.
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WIKI
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With the Slice App, Local Pizzerias Get a Bigger Piece of the Market
Entrepreneurship Although Ilir Sela spent much of his childhood hanging out in his friends’ and family’s pizzerias, he didn’t follow his father and grandfather in pursuing a career tossing dough and ladling red sauce. Instead, in 2003, a year after graduating from the College of Staten Island, Mr. Sela founded Nerd Force, a tech support company. Over the subsequent decade, however, he saw online ordering increase in popularity via platforms like UberEats and GrubHub, which merged with the online food ordering platform Seamless in 2013. National pizza chains were growing their businesses through digital means, too. He realized there might be an opportunity for family-run businesses like his own. “You had Domino’s, Papa John’s, Pizza Hut,” Mr. Sela, 38, said, “but there was no brand representing the local independent pizzerias.” So Mr. Sela combined his upbringing and his expertise to create Slice, an online food ordering platform for independent pizzerias, particularly in smaller cities where large-scale delivery services are scarce. Over a cheese pie at Joe & Pat’s Pizzeria and Restaurant on Staten Island, which he has frequented for decades and which is now a Slice client, Mr. Sela recently detailed his path to becoming a third-generation member of the family industry. After selling Nerd Force in 2008 for $500,000, Mr. Sela shifted to building websites for the pizzerias of his family and friends. As he did so, he began to notice a change. “I started hearing, ‘Hey, can you do online ordering for me? Can you build an online ordering system?’” Mr. Sela said. Using the money from the Nerd Force sale, Mr. Sela began a pizzeria-specific food ordering platform in 2010, originally branded as MyPizza. Starting with a few dozen pizzerias in the Northeast, the company created and managed websites for partnering shops, listing their menus as well as delivery and pickup options. The company grew to include thousands of restaurants nationwide, and it rebranded itself as Slice in 2016. It also created a mobile app and began providing marketing material for restaurants’ social media accounts. The next year, it hired Ryan Scott, a former chief marketing officer at Seamless and vice president at GrubHub, as chief marketing and chief customer officer. The domestic pizza market is worth $45.1 billion, with over 75,000 establishments driving sales, according to a report last year from PMQ Pizza Magazine. And although 55 percent of pizzerias are independent, they drive only 41 percent of sales, the report found. The magazine also found that while 60 percent of Domino’s and Papa John’s sales were digital orders, 42 percent of all types of pizzerias still did not offer online ordering. Aaron Allen, a global restaurant consultant, said the failure of shop owners to recognize the necessity of adopting digital ordering and delivery technology was contributing to the decline of mom-and-pop pizzerias. In a 2016 report on technology affecting pizzerias, Mr. Allen found that national chains’ average unit volume was almost double that of independents. The difference, he said, “equates to almost exactly the amount that the chain operators put through digital ordering platforms.” Slice sends customers’ online orders to the restaurants through their preferred method — email, fax or phone. Restaurants deliver the meals with their own couriers. For each order processed, Slice receives a $1.95 commission, or around 6 to 7 percent of order totals on average, Mr. Sela said. In contrast, GrubHub charges up to 18 percent of the order to process online sales for its clients. Matthew Brick of Brick’s Pizza in Centreville, Va., went digital a few years ago and became partners with a number of online ordering platforms before deciding to steer more of its orders to Slice, which today processes around 30 percent of its digital sales. “I pay $2 per order with Slice,” Mr. Brick said. “For a $100 order on GrubHub, that’s 18 bucks,” he said. “That’s why I direct as much traffic as possible to Slice.” He said that online sales through Slice are increasing at a rate of 15 to 20 percent a year. What helps keep Slice’s costs down, Mr. Sela said, is that many of his employees, including those working on data entry, sales and customer service, are based in Macedonia, where workers are paid $2.50 an hour on average. Although far less than a work force based in the United States would have to be paid, this amount is above the minimum wage in Macedonia, according to the website Trading Economics. (Representatives for GrubHub did not respond to requests for comment, and those for UberEats declined to discuss Slice and the competitive landscape in pizza delivery.) Mr. Scott said the company has processed over 12 million orders since its inception, and according to company figures, its reach has grown to over 9,000 locations from 4,500 in 2016. Clients’ annual pizza sales are also increasing, the company said, and are projected to hit an estimated $200 million in 2018 compared with $40 million in 2015. But the delivery market is continuing to evolve. Mary Martin, a partner and managing director focusing on restaurants at the Boston Consulting Group, acknowledged that many high-profile food delivery start-ups close within a few years of operations. Companies like ChowNow and Placebag, which offer online ordering capabilities to restaurants for a monthly fee, are competing with Slice for the mom-and-pop market share. Cherryh Cansler, editorial director at Networld Media Group, which includes the business-to-business publication Pizza Marketplace, said many tech and delivery companies like Slice claim they can help independent restaurants analyze customers’ behavior, but “the next step is to set up a marketing campaign using that information to drive that customer to spend more.” “That is hard for operators to do,” Ms. Cansler said, “so any technology platform that can accomplish that will win with operators.”
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NEWS-MULTISOURCE
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1942 Copa Ibarguren
The 1942 Copa Ibarguren was the 19th edition of a national cup of Argentina. From this edition onwards, the cup was contested by the winners of Primera División and the Copa Presidente de la Nación (a competition formed by teams from regional leagues).
The final was contested by River Plate (1942 Primera División champion), and Liga Cordobesa de Fútbol ("Córdoba League"), champion of the 1942 Copa Presidente.
Due to the similarity of both teams' shirts, the referee forced River Plate (as the home team) to change their kit. As River Plate had not brought alternate shirts, host club San Lorenzo de Almagro lent them their blue and red shirts to play the match. River Plate thrashed Liga Cordobesa 7–0 at Estadio Gasómetro, winning their 3rd Copa Ibarguren title.
Qualified teams
* Bold indicates winning years
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WIKI
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Page:Job and Solomon (1887).djvu/211
Chr. xvi. 12). It seems as if the older generation were offended by human interference with the course of nature, appealing perhaps to Ex. xv. 26; a curious Talmudic tradition ascribes a similar view to Hezekiah and his wise men. Sirach, however, appealing to the passage preceding that referred to above (see Ex. xv. 23-25), seeks to reconcile the opposing parties (xxxviii. 1-15). No doubt he had learned this at Alexandria: he tells us himself that he had travelled and learned many things (xxxiv. 9-11), and from xxxix. 4 we may even infer that he had appeared at court, where probably his life was endangered by calumnious accusations (li. 6). There, perhaps, he acquired his taste for the Greek style of banquet, with its airy talk and accompaniment of music, a taste which seems to have inspired a piquant piece of advice to the kill-*joys of his time, who insisted on talking business out of season (xxxii. 3-5)—
Speak, O elder, with accurate knowledge, for it beseemeth thee, but be not a hindrance to music. When playing is going on, do not pour out talk; and show not thyself inopportunely wise. A seal-ring of carbuncle set in gold, [such is] a concert at a banquet of wine.
In a similar mood he writes (xiv. 14)—
Defraud not thyself of a joyous day, and let not a share of a lawful pleasure escape thee.
But his tone is commonly more serious. Though no ascetic, he cautions his readers against the unrestrained manners which had invaded Judæa, especially against consorting with the singing and dancing girls ([Greek: meta psallousês], ix. 4, includes both; Vulg. cum saltatrice), and draws a picture of the daughters of Israel (xlii. 9, 10) which forms a melancholy contrast with the Old Testament ideal. His prayer to be guarded from the infection of lust (xxiii. 4, 5) finds its commentary in the story already mentioned of Joseph the tax-farmer. He notes with. So xlix. 1. [Greek: hôs mousika en symposiô oinou]; comp. Ex. xxxii. 18 Sept. That Greek music was known in Palestine very shortly afterwards may be inferred from the Greek names of musical instruments in the Book of Daniel.]
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WIKI
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Blog
What Does Delimited Mean in Excel?
If you’ve ever used Microsoft Excel, you may have come across the term “delimited”. But what does it mean? Delimited data is a way of formatting data in Excel, and it can be extremely useful when working with large datasets. In this article, we’ll explore what delimited means in Excel and how you can use it to your advantage. So, get ready to learn all about delimited data and how it can help you work more efficiently in Excel.
What Does Delimited Mean in Excel?
What is Delimited in Excel?
Delimited is a term used to describe how data is organized in Microsoft Excel. Delimited data is organized by separating each field of data with either a comma, tab, or space, with each record of data on its own line. This type of data structure is often used when importing or exporting data between different programs and applications.
Delimited data is easier to read by both humans and machines, as it can be parsed more easily. This makes it a common format for data sharing. When data is delimited, it can be imported into Excel for further analysis and manipulation.
Types of Delimited Data
There are two main types of delimited data: comma-separated values (CSV) and tab-separated values (TSV). CSV files are the most common type of delimited data and use commas to separate the fields of data. TSV files use tabs to separate the fields of data.
In addition to CSV and TSV files, there are also other types of delimited data, such as pipe-delimited files, which use the pipe (|) character to separate the fields of data. These types of files are generally not as common as CSV and TSV files, but they can be used for the same purpose.
Importing Delimited Data into Excel
When importing delimited data into Excel, it is important to make sure that the data is formatted correctly. If the data is not formatted correctly, it may not be imported into Excel correctly. For example, if the data contains commas, they must be enclosed in quotation marks, or they will be interpreted as delimiters.
When importing delimited data into Excel, the user will be prompted to select the type of delimiter being used. Once the delimiter is selected, the user will be prompted to specify how the data should be imported. This includes selecting the data type for each field, such as text, numbers, dates, etc.
Exporting Delimited Data from Excel
Exporting delimited data from Excel is similar to importing delimited data. The user will be prompted to select the type of delimiter to be used, and then specify how the data should be exported. This includes selecting the data type for each field, such as text, numbers, dates, etc.
When exporting delimited data from Excel, it is important to make sure that the data is formatted correctly. If the data is not formatted correctly, it may not be exported correctly. For example, if the data contains quotation marks, they must be enclosed in quotation marks, or they will be interpreted as delimiters.
Using Delimited Data in Excel
Once the delimited data is imported or exported into Excel, it can be used for further analysis and manipulation. This includes performing calculations, filtering the data, or creating charts and graphs.
Delimited data can also be used to create pivot tables. Pivot tables are used to summarize and analyze data by grouping and sorting the data into different categories. This can be useful for understanding how different factors affect a particular outcome.
Advantages of Delimited Data
Using delimited data in Excel has several advantages. First, it is easier to read and understand by both humans and machines. Second, it is easier to import and export data between different programs and applications. Third, it can be used to quickly analyze and summarize data. Finally, it can be used to create pivot tables.
Few Frequently Asked Questions
What does delimited mean in Excel?
Delimited in Excel is a data format that separates data into cells. Excel uses a delimiter (usually a comma, tab, or semicolon) to separate data into columns. This makes it easier to read and analyze data, as each column will contain a specific type of data. For example, if a row of data contains a person’s first name, last name, and age, each of these can be placed in its own column. The delimiter is used to distinguish between each piece of data and separate them into individual columns.
What is the most common delimiter used in Excel?
The most common delimiter used in Excel is the comma (,). This is used to separate columns of data and make it easier to read and analyze. Other delimiters such as tabs (\t) and semicolons (;) can also be used, but the comma is the most commonly used.
How do I use delimiters in Excel?
Using delimiters in Excel is relatively easy. First, open the spreadsheet you want to work with. Then, click on the “Data” tab, and select “Text to Columns”. This will open a window where you can select the delimiter you want to use (usually a comma or tab). You can then select which columns you want to separate, and click “Finish”. Your data will now be separated into columns by the chosen delimiter.
What are the advantages of using delimiters in Excel?
Using delimiters in Excel can be beneficial in many ways. It can make it easier to read and analyze data, as each column will contain a specific type of data. It can also make it easier to sort data, as the delimiter will distinguish between each piece of data and allow the data to be sorted accordingly. Additionally, using delimiters can help you easily import and export data from other sources.
What are the disadvantages of using delimiters in Excel?
There are a few disadvantages to using delimiters in Excel. For one, the delimiter can sometimes be difficult to detect, especially if the data contains a lot of numbers or text. Additionally, if the data contains certain characters, such as quotation marks (“) or apostrophes (’), then these may be mistaken as delimiters. Finally, if the data contains multiple delimiters, then this can cause confusion as to which delimiter should be used.
What can I do if the data does not contain a delimiter?
If the data does not contain a delimiter, you can use a few methods to separate it into columns. The first option is to manually separate the data into columns by highlighting each section and using the “Split Cells” option. This is the most time consuming option, but it is the most accurate. Alternatively, you can use the “Text to Columns” option and select the “Fixed Width” option. This will allow you to specify the width of each column and separate the data accordingly.
How to Split Data into Columns using Delimiter in Excel
In conclusion, delimited in Excel is an important function that allows users to separate and organize data. By understanding how to use delimiters correctly, Excel users can be more efficient and effective in their work. Delimiting data can help users to better analyze, process and present information in meaningful ways. Delimiters can also help to reduce errors and ensure data accuracy. As such, it is important to become familiar with Excel’s delimiting capabilities to ensure that your data is organized properly and effectively used.
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ESSENTIALAI-STEM
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I am struggling with an issue in refining the Coveo search results in a Sitecore 9.3 solution. The problem I am facing is that there are specific items, that I can access just fine in the live websites, but Coveo does not return those in the result set, because of the way permissions are handled.
Now, I am not saying that the problem is on the Coveo side, but I am trying to figure out what might be wrong with our solution.
The scenario is the following:
1. We have a page on our website called Page 1 for example
2. We set the permissions for that page to be as follows: Role 1 - allow, Role 2 - allow, Role 3 - deny (in the inheritance section).
3. Role 1 and Role 2 are members of Role 3, as set in Sitecore (all of our roles are set up like this).
4. The way it works for us is that it denies access to all users that have the Role 3 assigned, except for the ones that have ones of the roles Role 1 / Role 2 (so it's sort of like we deny everyone until a specific role that allows access)
Initially, I thought that maybe we have some processor that would handle this behavior in a different way, but I could not find any.
I understand that Deny overrules Allow, but I was wondering what is the behavior that should be when the Allowed roles are actually members of the Deny role.
Could anyone help with at least a suggestion? Thanks.
1 Answer 1
0
Alright, it seems that the actual problem was the fact that Role 3 was also assigned to the logged in user (as an individual role), so in this case the inheritance breaking was not working. That is how the solution was implemented from the beginning, but only now it started to actually hit us in the face.
After removing Role 3 from the logged in users, everything was fine.
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How Fast Are Lions?
Are you curious to know how fast are lions? You have come to the right place as I am going to tell you everything about lions in a very simple explanation. Without further discussion let’s begin to know how fast are lions?
How Fast Are Lions?
Lions are known for their strength and power, but they are also incredibly fast and agile. They are one of the fastest big cats in the world, capable of reaching speeds of up to 50 miles per hour (80 km/h) over short distances.
When hunting, lions use their speed and agility to stalk and chase down their prey. They are able to cover short distances at high speeds, allowing them to catch unsuspecting prey off guard. A lion can run at a speed of 50 mph for around 300 yards.
Lions are also known for their incredible jumping ability, able to jump up to 36 feet (11 meters) in one leap. Their powerful hind legs allow them to cover large distances quickly, making them excellent hunters in the wild.
In addition to their speed and agility, lions are also known for their endurance. They can run at a steady pace for several miles, allowing them to chase down their prey over long distances.
However, it’s important to note that, lions are not built for long-distance running, they are sprinters. They are built for short bursts of speed and power to chase down prey. They are not able to maintain top speeds for long periods of time.
In comparison to other big cats, lions are considered to be one of the slowest, for example, cheetahs can reach up to 75 mph (120km/h) in short distances.
Overall, lions are incredibly fast and agile predators that are well-adapted to the demands of hunting in the wild. They are able to cover short distances at high speeds, making them one of the most efficient hunters in the animal kingdom.
FAQ
Can U Outrun A Lion?
It should not surprise you that a lion is way faster than you, but in case you need numbers: the fastest human to ever live, Usain Bolt, can run 27.79 miles per hour. A lion can run 50 miles per hour. So stand still. As one Quora answerer put it, “If you run, you’ll only die tired.”
Who Is Faster Lion Or The Tiger?
The lion is a social animal and they generally live in groups. Tiger is a solitary animal. It is faster, smarter, and more ferocious than a lion.
Which Is A Faster Lion Or The Horse?
Because of its quick instincts and high stamina, the horse would likely outrun the lion.
Which Is Stronger A Lion Or A Tiger?
In terms of muscular strength, tigers are stronger. Lions live in Africa and India. Lions are the second largest of the five big cats in the genus Panthera. The Siberian, or Amur, tiger (P.
Can A Man Fight A Lion?
Unarmed humans are not nearly as prepared for a physical fight. We can punch, kick, choke, wrestle, or bite other animals. However, our bite force is weak, our teeth are relatively small, and there is no way that a human is going to punch or kick a lion to death.
I Have Covered All The Following Queries And Topics In The Above Article
How Fast Are Lions Long Distance
How Fast Are Sea Lions
How Fast Are Mountain Lions
How Fast Are Male Lions
How Fast Are Sea Lions On Land
How Big And Fast Are Male Lions
How Fast Are Lions Mph
How Fast Are Lions In Water
How Fast Are Male Lions
How Fast Are Female Lions
How Fast Are Lions In Water
How Fast Are Mountain Lions
How Fast Are So Lions
How Fast Can A Female Lion Run
How Fast Can A Lion Run 100 Yards
How Fast Can A Male Lion Run
How Long Can A Lion Run Without Stopping
How Fast Are Lions
Charlotte Miller
I am Charlotte Miller. I love learning and experiencing new things. Gaining knowledge and expressing myself makes me happy. I believe in hard work, dedication, and determination.
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Battle for Mosul: Iraqi forces take key village near airport from ISIS
(CNN)US-backed Iraqi forces have cleared ISIS fighters from a key village overlooking Mosul's airport, the Iraqi army said Monday. The seizure came less than 48 hours after the start of an operation to retake western Mosul -- ISIS' last major stronghold in the country. Iraqi federal police and the Interior Ministry's Rapid Deployment Force "seized complete control" of he village of Albu Saif, Gen. Abdal Amir Yar Allah said. The village is perched on elevated ground and has strategic value in the push to take the airport, according to CNN's Ben Wedeman. "We've long been told by sources inside Mosul that ISIS has sabotaged the airstrip there to prevent its use," Wedeman said. "And just to the west of the airport is the Ghazlani army base, which has been used by ISIS in the past and is also one of the offensive's objectives in the primary stages of the operation." The effort to take western Mosul, which began Sunday morning, comes weeks after Iraqi forces recaptured the eastern half of the city, which is divided by the Tigris River. On the first day of the new offensive, Iraqi Federal Police forces said they killed 79 ISIS militants, destroyed weapons facilities and regained control of 10 villages. The offensive is expected to come from south and west of the city. Iraqi forces will not be able to advance west across the river because all five bridges connecting the two halves of Mosul were destroyed by ISIS last month. They had previously been damaged by US-led airstrikes. Iraqi Prime Minister Haider al-Abadi described the operation as a "new dawn" in the liberation of Mosul. Western Mosul: The toughest battle yet ISIS seized Mosul in 2014. The offensive to retake Iraq's second-largest city began in October with a push by the army, counter-terrorism forces, federal police and Kurdish Peshmerga fighters. Iraqi commanders say the battle for western Mosul will be the toughest fight yet against ISIS. Over the past two years, the militant group has dedicated much of its defensive preparation to the western part of the city. The city has networks of alleys that are impassable by military vehicles. And human rights organizations fear that the use of heavy weaponry in the narrow streets of the old city -- where an estimated 650,000 civilians are still trapped -- would probably result in very high human toll. "When it comes to the old city, which is densely populated, people are very worried about residents being used as human shields," said Belkis Wille, senior Iraq researcher for Human Rights Watch. Food shortage In addition to the risk of human casualties, Wille said it could take a long time for humanitarian aid to arrive. "Cooking fuel, fuel for generators, basic food, clean water is almost non-existent," she said. "We've begun to hear reports of people dying of malnutrition. The question is how long will they have to wait before they can flee." Damian Rance, spokesman for the UN Office for the Coordination of Humanitarian Affairs, said while there are no confirmed cases of children dying from malnutrition, "many commodities are in short supply in western Mosul, including food, given that major commercial supply routes into the city have been cut since early November." US official: We won't steal Iraq's oil As the effort to free western Mosul continues, US Defense Secretary James Mattis said the US is "not in Iraq to to seize anybody's oil." The assurance, made just before Mattis' first trip to Baghdad on Monday, appeared to be a departure from US President Donald Trump's earlier comments. A day after his inauguration, Trump said about Iraq: "We should have kept the oil. Maybe we'll have another chance." He repeated the comments a few days later in an interview with ABC's David Muir: "We should have taken the oil. You wouldn't have ISIS if we took the oil." Trump has said the US has spent trillions of dollars fighting ISIS, but that the effort could have been avoided if Americans had just cut off the terrorists' oil supply after the US invasion. But critics have said taking Iraq's oil would have amounted to stealing from civilians and thus been a war crime and a violation of international law. CNN's Bijan Hosseini contributed to this report.
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-- House Republicans Urge Regulators to Exempt Manufacturers From Swaps Rules
Two U.S. lawmakers who will take
leadership roles in the next Congress said regulators must
ensure manufacturers and commercial end-users are exempt from
margin requirements for the $583 trillion swaps market. It is “critically important” that the end-user exemption
be clarified by agencies including the Commodity Futures Trading
Commission and Securities and Exchange Commission, Republican
Representatives Spencer Bachus of Alabama and Frank Lucas of
Oklahoma wrote in a letter to Treasury Secretary Timothy F. Geithner , Federal Reserve Chairman Ben S. Bernanke , SEC Chairman
Mary Schapiro and CFTC Chairman Gary Gensler . The CFTC and SEC
are writing swap-market rules required by the Dodd-Frank Act. “We have serious concerns that Dodd-Frank will force
American companies, which did not cause or contribute to the
financial crisis, to move billions of dollars in capital onto
the sidelines,” Bachus and Lucas wrote in the letter today.
Bachus was selected to lead the Financial Services Committee and
Lucas picked to lead the Agriculture panel when Republicans take
over the House next month. Dodd-Frank, the financial regulation overhaul enacted in
July, requires that most swaps be moved to clearinghouses,
exchanges and other trading platforms to boost transparency
after largely unregulated swaps contributed to the credit crisis
in 2008. Bachus and Lucas said they would be open to delaying
deadlines that require most rules to be completed by mid-July. ‘Carefully Deliberate’ “We encourage you to carefully deliberate and take the
time necessary to ensure that implementation of the act’s major
overhaul of the derivatives market is done correctly the first
time,” the lawmakers wrote. Representative Scott Garrett , a New Jersey Republican
slated to lead a Financial Services subcommittee, wrote a Dec.
15 letter asking Geithner to make clear in writing whether end-
users are exempt. Bachus and Lucas also urged regulators to exempt foreign-
exchange swaps and forwards from the clearing and trading
requirements other swaps will face under Dodd-Frank. The law
leaves that determination to be made by the Treasury secretary. The foreign exchange market is “stable”, and it is
“vital” that such derivatives are excluded, Bachus and Lucas
said in their letter. A coalition of 20 financial firms,
including Deutsche Bank AG and UBS AG, urged Treasury to grant
the exemption. Swaps and other derivatives are financial instruments whose
value is based on an underlying security or benchmark, such as a
stock option. Companies may use them to hedge risks and other
investors employ them to bet on markets. To contact the reporter on this story:
Silla Brush in Washington at
sbrush@bloomberg.net . To contact the editor responsible for this story:
Lawrence Roberts at lroberts13@bloomberg.net .
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NEWS-MULTISOURCE
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Will Chipotle Mexican Grill (CMG) Stock Crush Earnings Estimates? - Stocks in the News
Chipotle Mexican Grill ( CMG ) will be reporting its earnings on a conference call today, October 20 th after the closing bell. The report will be for the third fiscal quarter ending on September 2014 (9/2014). The EPS forecast for the quarter is $3.86/share, while the reported EPS for the same quarter last year was $2.66/share.
The Denver-based Mexican fast food chain has to overcome big challenges ahead, especially if CMG beats this EPS forecast. There will be a point when EPS estimates are just too high to beat, and some are worried that we may be approaching that point soon. After all, third quarter earnings per share are expected to skyrocket more than 40% from last year, helping to push the stock price near the $650/share mark as of recent trading.
Financials
The company has been good at posting double-digit same store sales growth in the two previous quarters, 13.4% in Q1, and 17.3% in Q2. Analysts think that the gross margin of the company will be approximately 29%, and we will see whether CMG will be able to fly above that this quarter. Food costs are the main driver behind gross margin growth, and they have continued to rise for CMG. The following is a table comparison for some important figures for CMG comparing the two most recent quarters:
CMG is currently trading at a forward P/E ratio multiple of 47x, only slightly higher than the industry's average forward P/E ratio. It is also trading at a forward P/S ratio multiple of 4.5x. It retains a PEG ratio of 2.01, far better than the industry's average of 2.84. Chipotle has been successful in improving its revenues for the past six quarters, and the trend is likely to continue, however things are getting harder, though Chipotle is already finding new ways to expand and keep growing.
CMG has embraced the idea of diversifying and expanding, by opening up new Asian inspired cuisine stores, ShopHouse, and even Pizzeria Locale, a quick-service pizza restaurant solely in Denver. CMG has a lot of growth factors going its way, such as large scale expansion into Europe, which only has 10 Chipotle stores. Capitalizing on international markets, and ameliorating the experience in domestic market are essential for any company's growth, and CMG seems to be getting the hang of it.
Rising food costs have always been a concern for CMG before, and have even caused some investors to dump shares in previous times, however, CMG can always raise its prices to accommodate for surging costs. In 2014, 2015, and 2016, the company plans to increase its revenues by 27%, 18%, and 15%, respectively. Adjusted earnings are also expected to keep moving forward by 31%, 27%, and 18% for the above time frames. Below is a chart with important figures for CMG, bearing in mind that enterprise value is from Yahoo! Finance:
Bottom Line
We do not know for sure whether CMG will crush earnings, and whether or not the stock will surge if it does, however it is likely that CMG will beat EPS forecasts due to the fact that it is currently a Zacks Rank #2 (Buy) and it has a positive earnings ESP. Still, from the preceding table, we can see how the enterprise value is somewhat lower than the company's market capitalization, which indicates that the company may be a little bit overvalued, but not to a worrying degree.
Based on the Zacks Consensus Estimate for the third quarter of 2014, the average has increased 10.9% to $3.86 per share over the last 90 days. For 2014 (full year), the Zacks Consensus Estimate moved up 9.2% over the same time frame. Last quarter's EPS surprise was 14.75%, and CMG has posted an average surprise of just over 1% for the trailing four quarters.
So while a beat seems somewhat likely, investors should zero in on the conference call and pay close attention to food price worries and expansion opportunities, as these could really drive CMG heading into the end of the year.
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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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Need help ignoring certain lines in Grok filter
#1
I have a custom Grok filter that matches our mysql slow logs, but our slow logs have extra output at the beginning and end of the file. I need to have Grok ignore these entries. This is an example of our slow log along with my Grok filter. The filter works fine, I just need to know how to ignore the extra data:
Grok Filter:
^# User@Host: %{USER:[mysql][slowlog][user]}(\[[^\]]+\])? @ %{HOSTNAME:[mysql][slowlog][host]} %{SYSLOG5424SD:[mysql][slowlog][ip]}\n^# (Thread_id: %{NUMBER:[mysql][slowlog][id]})?.*Schema: %{WORD:[mysql][slowlog][schema]}.*QC_hit: %{WORD:[mysql][slowlog][is_qc_hit]}\n^# Query_time: %{NUMBER:[mysql][slowlog][query_time][sec]}\s* Lock_time: %{NUMBER:[mysql][slowlog][lock_time][sec]}\s* Rows_sent: %{NUMBER:[mysql][slowlog][rows_sent]}\s* Rows_examined: %{NUMBER:[mysql][slowlog][rows_examined]}\n(SET timestamp=%{NUMBER:[mysql][slowlog][timestamp]};\n)?%{GREEDYMULTILINE:[mysql][slowlog][query]}
Custom GREEDYMULTILINE pattern:
(.|\n)*
Example slow log query:
# User@Host: user[user] @ host.com [127.0.0.1]
# Thread_id: 437308935 Schema: db QC_hit: No
# Query_time: 3.375738 Lock_time: 0.000030 Rows_sent: 1 Rows_examined: 1
SET timestamp=1512977437;
SELECT * FROM example_table WHERE uid = 1234;
This is the excess data that I need to ignore. It only shows up at the beginning and end of our logs so it could appear before or after a query.If there's a Grok pattern that could ignore any occurrence of this extra data that would be best
/usr/libexec/mysqld, Version: 5.5.56-MariaDB (MariaDB Server). started with:
Tcp port: 3306 Unix socket: /data/mysql/mysql.sock
Time Id Command Argument
Any help would be greatly appreciated
(Sjaak) #2
The excess data doesn't match your grok pattern right?
In that case you could add something like this to the end of your grok
tag_on_failure => [ "_grok_failure" ]
and then
if "_grok_failure" in [tags] {
drop { }
}
#3
The problem is that this pattern is being included in my GREEDYMULTILINE matching. So it grabs the beginning of the query and everything else between until it matches the start of the grok pattern. I need to exclude this pattern from GREEDYMULTILINE
(system) #4
This topic was automatically closed 28 days after the last reply. New replies are no longer allowed.
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ESSENTIALAI-STEM
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Skip to content
LOC-NESS: A research program to study ocean alkalinity enhancement on the Northeast Shelf and Slope of the U.S.
What is ocean alkalinity enhancement?
Due to continued fossil fuel emissions, our climate is changing. These changes are no longer abstract: they are being felt by everyone all over the planet, today. Getting ourselves out of the climate crisis is perhaps one of society's greatest challenges. Recent publications by the United Nations and the National Academies of Sciences have stressed that we must drastically educe our carbon emissions. In addition, avoiding the worst effects of climate change involve actively removing carbon dioxide (CO2) from the atmosphere, a process known as carbon dioxide removal (CDR). The oceans are a massive reservoir of carbon, and have the potential to store all human CO2 emissions.
Reservoirs of carbon in the earth system, in Gigatons of C. One gigaton is one billion metric tons; one ton is 1000 kg.
Ocean alkalinity enhancement (OAE) has the potential to accelerate the oceans’ natural ability to safely and effectively take up CO2 while balancing the oceans’ chemistry at the same time. The theoretical basis of ocean alkalinity enhancement (OAE) suggests that it could sequester >1 gigaton of carbon dioxide (CO2) per year, with a CO2 durability of over 1,000 years. Given its theoretical promise, practical OAE deployment considerations are of pivotal importance for deciding if OAE is a viable carbon dioxide removal approach. Our research program, led by PI Subhas and the Woods Hole Oceanographic Institution, is designed to build practical understanding of OAE through regional ocean modeling and a series of small-scale field experiments. We integrate community resources, innovative techniques, and cutting-edge engineering and design to assess the viability of OAE and its measurement, reporting, and verification (MRV) in the Northeast Shelf region.
A graphical representation of ocean alkalintiy enhancement. By increasing seawater alkalinity, seawater naturally takes up carbon until it comes back into equilibrium with the atmosphere.
OAE may be durable, but monitoring is a challenge. The community of OAE practitioners has little experience deploying and tracking alkalinity plumes in the ocean, and we lack proven methodologies for quantifying the carbon stored by OAE. These methodologies will be crucial for the monitoring, reporting, and verification (MRV) of OAE technologies, and are important for unlocking their sequestration potential. We will deploy state-of-the-art equipment and instrumentation to measure and monitor alkalinity enhancement and the subsequent uptake of CO2 from the atmosphere.
Alkalinity addition offsets ocean acidification, but the ecological impacts of large and/or sustained OAE are unknown. The effects of OAE on marine ecosystems during real-world deployments have not been evaluated. While these effects are predicted to be either mild or positive, they must be documented and quantified. We will directly monitor primary productivity and the microbial community during our field experiments to establish the biological impacts of OAE.
The LOC-NESS Project
Locking away Ocean Carbon in the Northeast Shelf and Slope is a 4-year interdisciplinary project to develop practical understanding of deploying, tracking, and monitoring alkalinity from ships. Our Science Plan includes four major activities, to be completed over four years. The overall goals of the project are to:
1. Establish a regional context for OAE. We will utilize a novel machine-learning data product of Northeast Shelf and Slope physical circulation and carbonate chemistry to establish 1) the sensitivity of regional water carbonate chemistry to OAE, 2) the timescales associated with OAE-driven CO2 uptake and storage (2023-2024).
2. Conduct field trials of alkalinity release and plume tracking. The field trial program is central to this project, and consists of a scaled approach on multiple platforms, with two permitting steps. The R/V Connecticut deployments will fall under the first permit; the large-scale trial may require its own permit.
• We will conduct a preliminary dispersal of inert dye from the R/V Connecticut (Summer 2023).
• We will conduct two dispersals of dissolved alkalinity and inert dye from the R/V Connecticut (Summer 2024).
• We will conduct a large-scale dispersal of dissolved alkalinity and dye from an ocean- or global-class research vessel, e.g. the R/V Armstrong (Summer 2025).
3. Perform coupled physical-biogeochemical modeling of the Northeast Shelf and Slope. This component will operate in parallel to the field trial program. We will develop and implement a regional “digital twin” using the Regional Ocean Modeling System (ROMS) to evaluate alkalinity dispersal scenarios, and how OAE interacts with ocean physics and biogeochemistry (2024-2025).
The Team
Our WHOI-based team has expertise in marine biogeochemistry, carbonate chemistry, sensor development, chemical mapping, ocean engineering, data assimilation, high-resolution ocean modeling, and mineral formation.
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ESSENTIALAI-STEM
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Talk:Chess puzzle
Old talk
ANSWER queen at a1 (the only place where it does NOT attack a6), king at d6 (the only place where it attacks c6), rook at c8, bishop at a4 and knight at a7.
"Solitaire Chess" section - isn't that just an ad?
How is the section entitled "Solitaire Chess" not just an ad for a commercial product? It is specifically referring to an app sold at various app stores. I recommend removing the section, or at least rewriting it as a mention of a "type". — Preceding unsigned comment added by TheRealJoeWiki (talk • contribs) 00:58, 12 January 2015 (UTC)
* Yes. i outcommented these two sections 'Solitaire chess' and 'Chess miner'. They can go to List of chess variants. They do not belong here. Heronils (talk) 09:21, 13 February 2016 (UTC)
Try this
White to move, draw in 262 -32ieww 8:51PM 12/22/2015 NY time — Preceding unsigned comment added by 32ieww (talk • contribs) 01:51, 23 December 2015 (UTC)
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WIKI
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A Friend of the Family (2005 film)
A Friend of the Family is a 2005 Canadian TV movie based on Alison Shaw's 1998 non-fiction book of the same name. It was directed by Stuart Gillard and stars Laura Harris.
Plot
After escaping an attack in Toronto, artist Alison Shaw moves with her husband to a small rural town. They are welcomed warmly by David Snow but Alison begins to suspect that David may be a mass murderer.
Cast
* Laura Harris as Alison Shaw
* Eric Johnson as Darris Shaw
* Kim Coates as David Snow
* Sabrina Grdevich as Heidi
* Greg Lawson as Police Chief Milt Mooney
* Shaun Johnston as Coleridge
* David LeReaney as Dr. Gordean
Production
Filming took place in Alberta and Ontario, Canada.
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WIKI
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Performance report
A performance report is a report on the performance of something. They are routinely produced by government bodies which, being financed by public money, are required to show that the money was spent efficiently and usefully. Such reports will contain performance indicators which measure the achievements of the organisation and its programmes. For example, for a police department, the report might show the number of arrests, number of convictions by crime category and the change in the crime rate.
Health care
In the Clinton health care plan of 1993, it seemed that performance reports for hospitals and other health care providers would be national policy and many prototypes were developed and tested.
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WIKI
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Krama Yudha Tiga Berlian
Krama Yudha Tiga Berlian or KTB Palembang was an Indonesian semi-professional association football club from Palembang, South Sumatra. The club was owned by the Palembang branch of Krama Yudha Tiga Berlian Motors, the local distributor of Mitsubishi Motors and Mitsubishi Fuso vehicles.
History
Abdul Kadir coached the Krama Yudha Tiga Berlian and helped them finish third in the 1985–86 Asian Club Championship. When Krama Yudha Tiga Berlian joined in Group A along with Al-Ahli and Kingfisher East Bengal, Krama Yudha Tiga Berlian finished second in the group stage to ensure qualification for the semi-final. In the semi-final, Krama Yudha Tiga Berlian lost 3–0 to the Daewoo Royals. In the third place playoff match, Krama Yudha defeated Al-Ittihad 1–0. The club dissolved in 1991 due to financial difficulties.
The namesake company was split in 2017 where sales and production of Mitsubishi passenger cars were spun off to a new company, Mitsubishi Motors Krama Yudha Indonesia, leaving PT Krama Yudha Tiga Berlian with sales and production of Mitsubishi Fuso trucks.
Domestic
* Galatama
* Champions: 1985, 1986–87
* Runners-up: 1990
* Piala Liga
* Winners: 1987, 1988, 1989
Continental
* Asian Club Championship
* Third-place: 1985–86
Notable players
* 🇮🇩 Bambang Nurdiansyah
* 🇮🇩 Herry Kiswanto
* 🇮🇩 Rully Nere
* 🇮🇩 Zulkarnain Lubis
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WIKI
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Biden Says Mideast Revolutions Seek Political, Economic Freedom
U.S. Vice President Joe Biden said
protesters that toppled leaders in the Middle East and North
Africa this year seek to bring political and economic freedom to
their countries. Popular uprisings that succeeded in Tunisia, Egypt and
Libya , as well as the dissent against President Bashar al-Assad
in Syria, require risk, initiative, determination and “a
unifying ideal,” Biden said today at the Global Entrepreneurship
Summit in Istanbul. The world is at a historic “inflection point” and to
prevent the sectarian violence that marred it for centuries,
political systems are needed based on the rule of law as well as
the protection of basic rights, including freedom of speech and
religion, Biden said. “They aim to do more than merely change the government,”
Biden said. “They also want to end practices like
authoritarianism, corruption and stifling of freedom of
expression practices that make political and economic freedom
impossible,” he said. The protesters “are seeking to build
something far larger than just something for themselves.” Countries should provide an environment of freedom to
nurture creative minds and improve their nation’s wealth, Biden
said. The U.S. isn’t immune to the global financial crisis, Biden
said, adding that he still is “optimistic” even amid the
“difficult” economic times. Turkish Deputy Prime Minister Ali Babacan, who leads the
government’s economy team and spoke at the summit before the
vice president, said the world lacks political-decision
mechanisms to resolve economic problems, and blamed “some”
European countries for leadership shortcomings. Biden said during his visit to Turkey he discussed a range
of issues that are of mutual concern to both countries,
including the Obama administration’s support of Turkey’s
relations with Israel , its stance against Syria, operations in
Iraq and Afghanistan , and combating the Kurdistan Workers’
Party, or PKK. To contact the reporter on this story:
Emre Peker in Ankara at
epeker2@bloomberg.net To contact the editor responsible for this story:
Andrew J. Barden at
barden@bloomberg.net
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NEWS-MULTISOURCE
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AWS Support
User Guide (API Version 2013-04-15)
The AWS Documentation website is getting a new look!
Try it now and let us know what you think. Switch to the new look >>
You can return to the original look by selecting English in the language selector above.
Using Trusted Advisor as a Web Service
The AWS Support service enables you to write applications that interact with AWS Trusted Advisor. This topic shows you how to get a list of Trusted Advisor checks, refresh one of them, and then get the detailed results from the check. These tasks are demonstrated in Java. For information about support for other languages, see Tools for Amazon Web Services.
Get the List of Available Trusted Advisor Checks
The following Java code snippet creates an instance of an AWS Support client that you can use to call all Trusted Advisor actions. Next, the code gets the list of Trusted Advisor checks and their corresponding CheckId values by calling the DescribeTrustedAdvisorChecks action. You can use this information to build user interfaces that enable users to select the check they want to run or refresh.
private static AWSSupport createClient() { return AWSSupportClientBuilder.defaultClient(); } // Get the List of Available Trusted Advisor Checks public static void getTAChecks() { // Possible language parameters: "en" (English), "ja" (Japanese), "fr" (French), "zh" (Chinese) DescribeTrustedAdvisorChecksRequest request = new DescribeTrustedAdvisorChecksRequest().withLanguage("en"); DescribeTrustedAdvisorChecksResult result = createClient().describeTrustedAdvisorChecks(request); for (TrustedAdvisorCheckDescription description : result.getChecks()) { // Do something with check description. System.out.println(description.getId()); System.out.println(description.getName()); } }
Refresh the List of Available Trusted Advisor Checks
The following Java code snippet creates an instance of an AWS Support client that you can use to refresh Trusted Advisor data.
// Refresh a Trusted Advisor Check // Note: Some checks are refreshed automatically, and they cannot be refreshed by using this operation. // Specifying the check ID of a check that is automatically refreshed causes an InvalidParameterValue error. public static void refreshTACheck(final String checkId) { RefreshTrustedAdvisorCheckRequest request = new RefreshTrustedAdvisorCheckRequest().withCheckId(checkId); RefreshTrustedAdvisorCheckResult result = createClient().refreshTrustedAdvisorCheck(request); System.out.println("CheckId: " + result.getStatus().getCheckId()); System.out.println("Milliseconds until refreshable: " + result.getStatus().getMillisUntilNextRefreshable()); System.out.println("Refresh Status: " + result.getStatus().getStatus()); }
Poll a Trusted Advisor Check for Status Changes
After you submit the request to run a Trusted Advisor check to generate the latest status data, you use the DescribeTrustedAdvisorCheckRefreshStatuses action to request the progress of the check's run, and when new data is ready for the check.
The following Java code snippet gets the status of the check requested in the following section, using the value corresponding in the CheckId variable. In addition, the code demonstrates several other uses of the Trusted Advisor service:
1. You can call getMillisUntilNextRefreshable by traversing the objects contained in the DescribeTrustedAdvisorCheckRefreshStatusesResult instance. You can use the value returned to test whether you want your code to proceed with refreshing the check.
2. If timeUntilRefreshable equals zero, you can request a refresh of the check.
3. Using the status returned, you can continue to poll for status changes; the code snippet sets the polling interval to a recommended ten seconds. If the status is either enqueued or in_progress, the loop returns and requests another status. If the call returns successful, the loop terminates.
4. Finally, the code returns an instance of a DescribeTrustedAdvisorCheckResultResult data type that you can use to traverse the information produced by the check.
Note: Use a single refresh request before polling for the status of the request.
// Retrieves TA refresh statuses. Multiple checkId's can be submitted. public static List<TrustedAdvisorCheckRefreshStatus> getTARefreshStatus(final String... checkIds) { DescribeTrustedAdvisorCheckRefreshStatusesRequest request = new DescribeTrustedAdvisorCheckRefreshStatusesRequest().withCheckIds(checkIds); DescribeTrustedAdvisorCheckRefreshStatusesResult result = createClient().describeTrustedAdvisorCheckRefreshStatuses(request); return result.getStatuses(); } // Retrieves a TA check status, and checks to see if it has finished processing. public static boolean isTACheckStatusInTerminalState(final String checkId) { // Since we only submitted one checkId to getTARefreshStatus, just retrieve the only element in the list. TrustedAdvisorCheckRefreshStatus status = getTARefreshStatus(checkId).get(0); // Valid statuses are: // 1. "none", the check has never been refreshed before. // 2. "enqueued", the check is waiting to be processed. // 3. "processing", the check is in the midst of being processed. // 4. "success", the check has succeeded and finished processing - refresh data is available. // 5. "abandoned", the check has failed to process. return status.getStatus().equals("abandoned") || status.getStatus().equals("success"); } // Enqueues a Trusted Advisor check refresh. Periodically polls the check refresh status for completion. public static TrustedAdvisorCheckResult getFreshTACheckResult(final String checkId) throws InterruptedException { refreshTACheck(checkId); while(!isTACheckStatusInTerminalState(checkId)) { Thread.sleep(10000); } return getTACheckResult(checkId); } // Retrieves fresh TA check data whenever possible. // Note: Some checks are refreshed automatically, and they cannot be refreshed by using this operation. This method // is only functional for checks that can be refreshed using the RefreshTrustedAdvisorCheck operation. public static void pollForTACheckResultChanges(final String checkId) throws InterruptedException { String checkResultStatus = null; do { TrustedAdvisorCheckResult result = getFreshTACheckResult(checkId); if (checkResultStatus != null && !checkResultStatus.equals(result.getStatus())) { break; } checkResultStatus = result.getStatus(); // The rule refresh has completed, but due to throttling rules the checks may not be refreshed again // for a short period of time. // Since we only submitted one checkId to getTARefreshStatus, just retrieve the only element in the list. TrustedAdvisorCheckRefreshStatus refreshStatus = getTARefreshStatus(checkId).get(0); Thread.sleep(refreshStatus.getMillisUntilNextRefreshable()); } while(true); // Signal that a TA check has changed check result status here. }
Request a Trusted Advisor Check Result
After you select the check for the detailed results that you want, you submit a request by using the DescribeTrustedAdvisorCheckResult action.
The following Java code snippet uses the DescribeTrustedAdvisorChecksResult instance referenced by the variable result, which was obtained in the preceding code snippet. Rather than defining a check interactively through a user interface, After you submit the request to run the snippet submits a request for the first check in the list to be run by specifying an index value of 0 in each result.getChecks().get(0) call. Next, the code defines an instance of DescribeTrustedAdvisorCheckResultRequest, which it passes to an instance of DescribeTrustedAdvisorCheckResultResult called checkResult. You can use the member structures of this data type to view the results of the check.
// Request a Trusted Advisor Check Result public static TrustedAdvisorCheckResult getTACheckResult(final String checkId) { DescribeTrustedAdvisorCheckResultRequest request = new DescribeTrustedAdvisorCheckResultRequest() // Possible language parameters: "en" (English), "ja" (Japanese), "fr" (French), "zh" (Chinese) .withLanguage("en") .withCheckId(checkId); DescribeTrustedAdvisorCheckResultResult requestResult = createClient().describeTrustedAdvisorCheckResult(request); return requestResult.getResult(); }
Note: Requesting a Trusted Advisor Check Result doesn't generate updated results data.
Print Details of a Trusted Advisor Check
The following Java code snippet iterates over the DescribeTrustedAdvisorCheckResultResult instance returned in the previous section to get a list of resources flagged by the Trusted Advisor check.
// Print ResourceIds for flagged resources. for (TrustedAdvisorResourceDetail flaggedResource : result1.getResult().getFlaggedResources()) { System.out.println( "The resource for this ResourceID has been flagged: " + flaggedResource.getResourceId()); }
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ESSENTIALAI-STEM
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Standard Chartered Faces Inquiry Over $1.4 Billion Transfer by Indonesians
LONDON — Regulators in Guernsey and in Singapore have opened an inquiry into Standard Chartered over the transfer of about $1.4 billion by clients with links to the Indonesian military. Standard Chartered, which is based in London but does most of its business in Asia, conducted an internal review of the transactions and self-reported them to regulators, a person with knowledge of the investigation who was not authorized to discuss the matter publicly said on Friday. The Guernsey Financial Services Commission and the Monetary Authority of Singapore are investigating the transfer, a potential blow to Standard Chartered’s reputation as it tries to turn around its prospects under William T. Winters, the chief executive. Since joining the bank in 2015, Mr. Winters has hired additional workers for the compliance division and bolstered efforts to identify financial crimes. The transfer of funds to Singapore from accounts in Guernsey in the second half of 2015, first reported by Bloomberg News, came before Guernsey moved to comply with stricter disclosure requirements meant to increase transparency. The links to the Indonesian military also raised flags, the person with knowledge of the investigation said. Standard Chartered ceased operations last year in Guernsey, a British dependency with financial and political autonomy. Guernsey and other Channel Islands have long been used as offshore tax havens. The bank declined to comment on Friday. The Singapore Monetary Authority and the Guernsey Financial Services Commission did not immediately respond to requests for comment.
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NEWS-MULTISOURCE
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Denver Daredevils
The Denver Daredevils were a professional roller hockey team based in Denver, Colorado, United States that played in Roller Hockey International. The Daredevils played in the Roller Hockey International in 1996. Coached by Kevin Cheveldayoff in their only season, they played 28 games: eight of which they won, 17 of which they lost, and three of which they lost in overtime.
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WIKI
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Sarasvathi Nagara metro station
Sarasvathi Nagar is an upcoming elevated metro station on the north–south corridor of the Blue Line of Namma Metro in Bangalore, India. This metro station serves mainly Lowry Memorial Educational Institutions, and also a few automotive companies such as Tata Motors, Hyundai, MG (Morris Garages), Renault and Honda Motors. This is a prime location for its neighbouring areas like Krishnarajapuram, Mahadevapura and Whitefield. This metro station is slated to become operational around June 2026.
Station layout
Station Layout - To Be Confirmed
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WIKI
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I can't enter the http://<workstation_hostname>:39000
i have finished the Quick Installation ## Single workstation. The nvidia and cuda are ok. The Installation process is ok. But, when i attempt to acess the the cryoSPARC user interface in the last steps " After completing the above, navigate your browser to http://<workstation_hostname>:39000 to access the cryoSPARC user interface", i am not sure what is the <workstation_hostname>. Is it the initial_email? And how should i acess the user interface? Thanks.
Hi @jingxinxin,
How are you accessing the machine running the cryoSPARC master component? If you have access to the GUI, you can simply open the browser and navigate to localhost:39000. Otherwise, if accessing from another computer on the same network (e.g. internal university network), if that machine has a hostname, you can access it though your computer’s browser (ask your IT staff if you are unsure what the hostname could be and if port 39000 is open to the internal network).
Alternatively, you can form an SSH tunnel from the remote machine running cryoSPARC and the computer you would like to access the interface (replace <remote_host> with your SSH configuration host):
ssh -N -f -L localhost:39000:localhost:39000 <remote_host>
You should then be able to access the cryoSPARC interface at localhost:39000 on your browser.
- Suhail
i can access the interface now by enter “localhost:39000” ! Many thanks!
Emmm… could you answer me another question please? I am poor in linux operating system…
When i import the .mrc files, there is always error like this:
Traceback (most recent call last):
File "cryosparc2_master/cryosparc2_compute/run.py", line 78, in cryosparc2_compute.run.main
File "cryosparc2_compute/jobs/imports/run.py", line 531, in run_import_movies_or_micrographs
assert False, "Cannot import file of type %s (%s)" % (extn, abs_path)
AssertionError: Cannot import file of type /home/jingxinxin/cryosparc_user/projects/test/tdn0521 (/home/jingxinxin/cryosparc_user/projects/TEST/TDN0521)
So what is the problem? I am sure the the files are .mrc files from cryo-EM imaging.
Hi @jingxinxin,
No problem, we’re happy to help! It looks like you specified a folder (tdn0521) instead of a wildcard expression. Open the file browser by clicking the folder icon next to the path parameter:
image
Then, paste this path and press the enter key:
/home/jingxinxin/cryosparc_user/projects/test/tdn0521/*.mrc
You should see all the .mrc files listed in the file browser. Then, press ‘select’, set any other parameters you’d like and run the job. You should see that the job is now able to find the files.
- Suhail
hi, I meet accessing problem again…Same computer, no change in everything, but I can not access the “localhost:39000” again. It stop in the waiting page like this,
So, is there something wrong with the server? because I never changed anything in my computer.
Hi @jingxinxin,
Could you please report any errors from the browser console? You can right click, ‘inspect’/‘inspect element’, then press the ‘console’ tab.
Thanks,
Suhail
Here is the report. Thanks very much.
Have you tried restarting the cryosparcm process? At the terminal type,
cryosparcm restart
This should restart the database, the command core and the webapp without any errors. If you run into errors, then you can check to see if there is a .sock file in the /tmp/ folder. If there is one, delete that file and restart cryosparcm.
> cd /tmp
> rm cryosparc*.sock
If this doesn’t work look for the supervisord process that maybe running and kill it.
> ps -aux | grep supervisord
Find the process ID (usually the first column after the login name). For example when I run
> ps -aux | grep supervisord
I see
> vamsee **5335** 0.0 0.0 39212 17132 ? Ss Aug13 0:03 /home/vamsee/software/cryosparc/cryosparc2_master/deps/anaconda/bin/python /home/vamsee/software/cryosparc/cryosparc2_master/deps/anaconda/bin/supervisord -c supervisord.conf
where 5335 is my process ID. I kill it by saying
> kill 5335
Restart cryosparcm as above. This generally resolves most cryosparc startup issues. Hope this helps.
1 Like
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ESSENTIALAI-STEM
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Vulcana-Băi
Vulcana-Băi is a commune in Dâmbovița County, Muntenia, Romania with a population of 3,052 people. It is composed of three villages: Nicolaești, Vulcana-Băi and Vulcana de Sus.
The commune is located in the northern part of the county, 22 km away from the county seat, Târgoviște.
The Orthodox Bunea Monastery, founded in 1654, is situated on the territory of the commune.
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WIKI
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee, v. PACIFIC PRESS PUBLISHING ASSOCIATION, Defendant-Appellant.
No. 80-4189.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted Oct. 13, 1981.
Decided May 10, 1982.
As Amended on Denial of Rehearing and Rehearing En Banc July 27, 1982.
Malcolm T. Dungan, San Francisco, Cal., argued, for defendant-appellant; James H. Quirk, Melinda S. Collins, Brobeck, Phleger & Harrison, San Francisco, Cal., on brief.
Colleen O’Connor, E.E.O.C., Washington, D.C., for plaintiff-appellee.
Before TRASK and CANBY, Circuit Judges, and HILL, District Judge.
Honorable Irving Hill, Senior United States District Judge for the Central District of California, sitting by designation.
TRASK, Circuit Judge:
I
This is an appeal from the district court’s holding that Pacific Press Publishing Association (“Press”), a nonprofit religious publishing house, violated section 703(a) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-2(a) (1976), by denying Lorna Tobler monetary allowances paid to similarly situated male employees. Press also was held in violation of section 704(a) of Title VII, 42 U.S.C. 2000e-3(a) (1976), for terminating Tobler’s employment in retaliation for her filing charges and participating in proceedings under the Act. Because Congress clearly intended to protect employees of religious institutions under Title VII, and because the enforcement of Title VII does not infringe religious freedom under the facts of the present case, we affirm the judgment of the district court.
Press, a nonprofit corporation incorporated under California law, is affiliated with the Seventh-Day Adventist Church and engages in the business of publishing, printing, advertising and selling religiously oriented material. All Press employees are required to be members of the church in good standing. Lorna Tobler worked at Press from 1960 until 1975. Her title throughout was “editorial secretary.”
Until 1973, Press paid its employees in accordance with written wage scales under which married men received a higher rental allowance than single men, who in turn, received more than female employees regardless of their marital status. As a married woman, Tobler did not receive an annual utility allowance received by married men, nor was she paid automobile allowances paid to married male, single male and single female employees.
Tobler initiated charges of discrimination with the Equal Employment Opportunity Commission (EEOC) in 1972. In her position as “editorial secretary,” Tobler worked for the editor of Signs of the Times, a monthly magazine published by Press. When she filed her initial charges, her duties included not only secretarial, but also administrative and discretionary responsibilities. After Press became aware that Tobler was participating in proceedings involving similar discrimination brought by a co-worker, Merikay Silver, Tobler’s duties were changed. Press gradually reassigned her discretionary and administrative duties to other workers and, by the summer of 1974, her job involved only secretarial work. In October 1973 and January 1974, Tobler filed charges alleging retaliation. In September 1974, EEOC filed suit against Press under section 706(f)(2) of Title VII, 42 U.S.C. 2000e-5(f)(2) (1976), seeking preliminary relief to enjoin further retaliation against Silver and Tobler.
The governing body of the Adventist Church is the General Conference of Seventh-Day Adventists. The General Conference in Session, a meeting of all members of the General Conference, is the only body empowered to change church doctrine. Although complete authority over the management of the publishing house, including employment decisions, rests with Press’ Board of Directors, both the General Conference and its Executive Committee may make recommendations and give counsel to Press. On February 14, 1975, a committee of the General Conference passed a resolution recommending that Tobler and Silver be terminated from their employment at Press. The committee found both employees failed to meet the requisite high standards of adherence to Bible teachings and church authority because they had sued the church and “were at variance with the church and unresponsive to spiritual counsel.” On February 19,1975, pursuant to the committee recommendation, Press dismissed Silver and Tobler. The EEOC then instituted this action. The parties do not dispute that the Adventist Church and Pacific Press correctly followed their own internal procedures in ordering Tobler’s dismissal.
During her employment at Press and throughout this litigation, Tobler has remained a member in good standing of the church. Membership in the Seventh-Day Adventist Church is held through one’s local church congregation, and jurisdiction for disciplining church members resides with the local church. Tobler’s local church certified her membership in good standing subsequent to her dismissal from Press.
This case presents two issues for the court to consider. First, whether Title VII of the Civil Rights Act of 1964 prohibits a religious publishing house from (a) discriminating in wages because of sex, and (b) retaliating against and ultimately discharging an employee because of her participation in Title VII proceedings. Second, whether application of Title VII in the context of this case infringes the Free Exercise and Establishment clauses of the First Amendment.
II
Press presents both statutory and constitutional arguments against application of Title VII to its employment policies. Press contends that Title VII both expressly and implicitly exempts Press’s employment practices from Title VII’s coverage. It further argues that if Title VII does apply to Press in the present circumstances, that application violates the First Amendment religion clauses.
Before reaching Press’ constitutional arguments, this court must determine whether the dispute may be resolved on statutory grounds. The nature of our inquiry is established by NLRB v. Catholic Bishop of Chicago, 440 U.S. 490, 99 S.Ct. 1313, 59 L.Ed.2d 533 (1979). We must first determine whether the proposed application of the statute “would give rise to serious constitutional questions.” Id. at 501, 99 S.Ct. at 1319. If so, we cannot find the statute applicable unless there is an “ ‘affirmative intention of Congress clearly expressed’ ” to apply it. Id.
We conclude that the application of Title VII in the circumstances of this case presents serious constitutional questions. Because we have also concluded that these questions must be faced and decided, we postpone discussion of these issues until we reach their merits. The seriousness of the constitutional questions will, we think, be amply demonstrated in that discussion.
We also conclude that Congress clearly expressed the intention that Title VII apply in the present circumstances. Press’s claims of entitlement to express and implicit exemptions are refuted by the legislative history of Title VII and its amendments.
During the enactment of the Civil Rights Act of 1964 and in later amendments, Congress specifically considered the scope of Title VII protection within religious institutions and rejected proposals that provided religious employers a complete exemption from regulation under the Act. Title VII provides only a limited exemption enabling Press to discriminate in favor of co-religionists. Section 702 of Title VII, 42 U.S.C. 2000e-1, provides the limited exception available to religious employers:
This subchapter shall not apply ... to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities. . . .
The legislative history of this exemption shows that although Congress permitted religious organizations to discriminate in favor of members of their faith, religious employers are not immune from liability for discrimination based on race, sex, national origin, or for retaliatory actions against employees who exercise their rights under the statute.
The original version of the 1964 Civil Rights Act passed by the House, H.R. 7152, contained a broad exemption entirely excluding religious employers from coverage under the Act: “§ 703. This title shall not apply ... to a religious corporation, association, or society.” H.R.Rep.No.914, 88th Cong., 1st Sess. 10 (1963), reprinted in EEOC, Legislative History of Title VII and XI of Civil Rights Act of 1964 at 2010 (1968) (“1964 Legis.Hist.”) 1964 U.S.Code Cong. & Ad.News p. 2355. A substitute bill proposed by Senators Humphrey, Dirksen and Mansfield adopted a more limited exemption, making Title VII applicable to religious employers, but permitting them to employ individuals of a particular religion to perform work connected with its religious activities. See “Congressional Debate on Titles VII and XI Introduction,” in 1964 Legis.Hist. at 3001, 3004, 3050; 110 Cong. Rec. 12812. The Senate declined an opportunity to revert to a total exemption for religious organizations proposed in a later substitute bill by Senators Clark and Case. After debate on the various proposals, the Senate passed the Dirksen-Mansfield substitute. See 1964 Legis.Hist. at 11. The House accepted the substitute without amendment. See Title VII, § 702, 78 Stat. 255 (1964) (current version at 42 U.S.C. § 2000e-1).
During the 1972 Amendments, Senators Ervin and Allen proposed that the employment practices of all religious institutions be removed completely from EEOC jurisdiction. See Legislative History of Title VII of the Equal Employment Opportunity Act of 1972 at 1229-1230 (“1972 Legis.Hist.”) 118 Cong.Rec. 1982. Again the Senate rejected the blanket exemption.
The Senate accepted a subsequent proposal by Senator Ervin that broadened the scope of the exemption only slightly to allow religious employers to discriminate on the basis of religion with respect to all — not just religious activities. 1972 Legis.Hist. at 789; 118 Cong.Rec. 7170. Although the Senate accepted the subsequent amendment, this action does not support Press’ argument that section 702 broadly exempts religious organizations from charges of discrimination based on nonreligious grounds. The legislative history shows that Congress consistently rejected proposals to allow religious employers to discriminate on grounds other than religion: “[church-affiliated] organizations remain subject to the provisions of Title VII with regard to race, color, sex or national origin.” Section by Section Analysis of H.R. 1746, The Equal Employment Opportunity Act of 1972, 1972 Legis. Hist. 1845; 118 Cong.Rec. 7167.
Ill
Every court that has considered Title VII’s applicability to religious employers has concluded that Congress intended to prohibit religious organizations from discriminating among their employees on the basis of race, sex or national origin. E.g., EEOC v. Southwestern Baptist Theological Seminary, 651 F.2d 277 (5th Cir. 1981); EEOC v. Mississippi College, 626 F.2d 477 (5th Cir. 1980), cert. denied, - U.S. -, 101 S.Ct. 3143, 69 L.Ed.2d 994 (1981). In Mississippi College, the Fifth Circuit examined EEOC jurisdiction over employment policies at a Baptist college in light of NLRB v. Catholic Bishop of Chicago, 440 U.S. 490, 99 S.Ct. 1313, 59 L.Ed.2d 533 (1979), and held that the employment relationship between the college and its faculty was nob exempt from Title VII scrutiny. 626 F.2d at 485. Despite the college’s “pervasively sectarian” character and purpose, the court held that the college must comply with an EEOC subpoena issued in connection with an investigation into charges of discrimination. Id. at 489. In Southwestern Baptist Theological Seminary, supra, the Fifth Circuit held that the seminary must comply with EEOC filing requirements with respect to its employees who were not working in the capacity of a minister.
Press argues that because Tobler’s work included discretionary and administrative responsibilities, her employment involved religious activity and was outside the application of Title VII. Even if Title VII is deemed to cover such employment, Press argues that such coverage would be a violation of Press’ First Amendment rights. Press’ position necessarily depends for support on McClure v. Salvation Army, 460 F.2d 553 (5th Cir.), cert. denied, 409 U.S. 896, 93 S.Ct. 132, 34 L.Ed.2d 153 (1972), and NLRB v. Catholic Bishop of Chicago, supra. In our opinion, any reliance on those authorities is misplaced. We recognize that Tobler’s position initially included discretionary and administrative responsibilities, and that the wage discrimination took place while she was discharging such responsibilities. But we hold that even when her job duties did include these responsibilities, she was not exempt from EEOC coverage. We reject the argument that the exemption provided by section 702 applies to all actions taken by an employer with respect to an employee whose work is connected with the organization’s “religious activities.” EEOC v. Mississippi College, 626 F.2d at 484, citing McClure v. Salvation Army, supra.
In McClure, the Fifth Circuit held that application of Title VII to the employment relationship between a church and its ministers violated the First Amendment. The court implied an exemption for ministers emphasizing that the relationship between a church and its ministers is its “lifeblood”: “The minister is the chief instrument by which the church seeks to fulfill its purpose. Matters touching this relationship must necessarily be recognized as of prime ecclesiastical concern.” Id. at 558-59. Tobler was not a minister, nor an author of religious texts. Moreover, Press has not shown that her duties go to the heart of the church’s function in the manner of a minister or a seminary teacher. The facts of the present case do not require this court to examine in depth the scope of the exemption recognized in McClure. We conclude simply that Tobler’s position, even during the period of her broadest duties, did not fulfill the function of a minister, nor was her employment at Press the type of critically sensitive position within the church that McClure sought to protect.
Significantly, the Fifth Circuit refused to broaden the McClure exemption to include the faculty at Mississippi College, noting that:
The College’s faculty and staff do not function as ministers. The faculty members are not intermediaries between a church and its congregation. They neither attend to the religious needs of the faithful nor instruct students in the whole of religious doctrine. That faculty members are expected to serve as exemplars of practicing Christians does not serve to make the terms and conditions of their employment matters of church administration and thus purely of ecclesiastical concern.
EEOC v. Mississippi College, 626 F.2d at 485. The Fifth Circuit applied this reasoning to the various positions at Southwestern Baptist Seminary and determined that although the seminary faculty were ministers in the McClure sense, neither the support staff nor the administrators whose functions related to the seminary’s finance, maintenance, or non-academic departments were entitled to minister status under McClure. EEOC v. Southwestern Baptist Theological Seminary, 651 F.2d at 283-85. Similarly, Tobler’s duties at Press, even during the period of her broadest responsibility, were more analogous to those of the support staff at the seminary and those of the regular faculty at Mississippi College, than to the duties of a minister.
IV
Press’ Constitutional Arguments
Pacific Press argues that any legislation affirmatively intended to apply to religious activity is always and necessarily unconstitutional. Because the publishing company is “pervasively sectarian” and “everything Pacific Press does is part of religion,” Press contends that EEOC regulations violate the First Amendment to the extent they reach any Press activities. Press also asserts that Congress lacks authority to legislate with respect to religious institutions because each provision of the Bill of Rights overrides the powers expressly granted to Congress in the Constitution. Thus, Press insists that Title VII, enacted pursuant to the commerce clause, is unconstitutional if applied to religious organizations. Even if Press were correct in asserting that the commerce clause is the sole source of Congress’ authority in enacting Title VII, its argument would still depend upon a showing that enforcement of the statute actually violated the religious clauses of the First Amendment. Press’ position finds little support in the cases which interpret the Constitution’s guarantees of religious freedom. Press fails to prove that EEOC jurisdiction impermissibly burdens the free exercise of its religious beliefs, or that Title VII entangles the government in Press’ religious activities.
A. The Free Exercise Clause
Although the free exercise clause prohibits legislation of religious beliefs, Press incorrectly argues that Congress lacks authority to legislate with respect to any religious activity or conduct. E.g., Cantwell v. Connecticut, 310 U.S. 296, 60 S.Ct. 900, 84 L.Ed. 1213 (1940). Statutes are not invalid simply because they affect the operation of a religious organization. See Thomas v. Review Board, 450 U.S. 707, 101 S.Ct. 1425, 67 L.Ed.2d 624 (1981). In determining whether a neutrally based statute violates the free exercise clause, courts must weigh three factors:
(1) the magnitude of the statute’s impact upon the exercise of the religious belief,
(2) the existence of a compelling state interest justifying the burden imposed upon the exercise of the religious belief, and
(3) the extent to which recognition of an exemption from the statute would impede the objectives sought to be advanced by the state.
EEOC v. Mississippi College, 626 F.2d 477, 488 (5th Cir. 1980), cert. denied, 453 U.S. 912, 101 S.Ct. 3143, 69 L.Ed.2d 994 (1981), citing Wisconsin v. Yoder, 406 U.S. 205, 92 S.Ct. 1526, 32 L.Ed.2d 15 (1972), and Sherbert v. Verner, 374 U.S, 398, 83 S.Ct. 1790, 10 L.Ed .2d 965 (1963). Tobler’s Title VII wage discrimination and retaliatory discharge complaints will be examined separately in light of these criteria.
We find that requiring Press to refrain from discriminating against Tobler, as required by Title VII, does not infringe Press’ free exercise of its religious beliefs. Preventing discrimination can have no significant impact upon the exercise of Adventist beliefs because the Church proclaims that it does not believe in discriminating against.-women or minority groups, and that its policy is to pay wages without discrimination on the basis of race, religion, sex, age, or national origin. Thus, enforcement of Title VII’s equal pay provision does not and could not conflict with Adventist religious doctrines, nor does it prohibit an activity “rooted in religious belief.” Wisconsin v. Yoder, supra, 374 U.S. at 215, 92 S.Ct. at 1533. Because the impact on religious belief is minimal and the federal interest in equal employment opportunities is high, the balance weighs heavily in favor of upholding Press’ liability under Title VII for its use of sexually discriminatory wage scales. As we note in the following discussion of Tobler’s retaliatory discharge complaint, a total exemption for Pacific Press and similar enterprises would represent a serious conflict with the government’s equal employment objectives.
Our holding is consistent with EEOC v. Mississippi College, 626 F.2d 477 (5th Cir. 1980), cert. denied, 101 S.Ct. 3143 (1981), in which the court rejected the argument that application of Title VII to the employment of faculty at a pervasively sectarian college violated the free exercise clause. In Mississippi College, as in the present case, the employment practices subject to Title VII scrutiny did not embody religious beliefs. Id. at 488. Accordingly, the court found Title VII’s effect .on the free exercise of religious beliefs to be slight, and not an interference with the college’s religious purpose. Id. Mississippi College recognizes that although EEOC jurisdiction over religious organizations may have far reaching effects should the Commission seek injunctive relief or monetary damages against a religious employer, “the relevant inquiry is not the impact of the statute upon the institution, but the impact of the statute upon the institution’s exercise of its sincerely held religious beliefs.” Id.
The retaliatory action taken against Tobler for. her participation in EEOC proceedings presents a more serious conflict between Adventist religious beliefs and EEOC jurisdiction. Press justifies Tobler’s dismissal on religious grounds, citing her violation of church doctrines which prohibit lawsuits by members against the church. Again, we follow the three-step analysis set forth above. Unlike the wage discrimination issue, there is a substantial impact on the exercise of religious beliefs because EEOC’s jurisdiction to prosecute the retaliatory action taken against Tobler potentially will impose liability on Press for disciplinary actions based on religious doctrine. We find, however, that the government’s compelling interest in assuring equal employment opportunities justifies this burden. By enacting Title VII, Congress clearly targeted the elimination of all forms of discrimination as a “highest priority.” See S.Rep.No.872, 88th Cong., 2d Sess. pt. 1 at 11, 24 (1964); see also, Alexander v. Gardner-Denver Co., 415 U.S. 36, 47, 94 S.Ct. 1011, 1019, 39 L.Ed.2d 147 (1974)., Congress’ purpose to end discrimination is equally if not more compelling than other interests that have been held to justify legislation that burdened the exercise of religious convictions. E.g., Braunfeld v. Brown, 366 U.S. 599, 81 S.Ct. 1144, 6 L.Ed.2d 563 (1961), (state law prohibiting retail sales on Sunday).
Under Title VII, EEOC enforcement actions are triggered only when the individual complainant files charges with the Commission: an employee who initiates a Title VII action “not only redresses his own injury but also vindicates important congressional policy against discriminatory employment.” Alexander v. Gardner-Denver Co., 415 U.S. at 45, 94 S.Ct. at 1018. To permit the various Adventist institutions to retaliate against employees who challenge discrimination through EEOC procedures would defeat Congress’ intention to protect employees of religious employers. The effect would be to withdraw Title VII’s protections from employees at the hundreds of diverse organizations affiliated with the Adventist Church, including businesses which process food, sell insurance, invest in stocks and bonds, and run schools, hospitals, laboratories, rest homes and sanitariums.
Courts have emphasized the importance of protecting the individual’s right to bring charges under Title VII. E.g., Smallwood v. National Can Co., 583 F.2d 419, 421 (9th Cir. 1978). Moreover, Tobler has a constitutional right to inform the government of violations of federal law. In re Quarles, 158 U.S. 532, 15 S.Ct. 959, 39 L.Ed. 1080 (1895) (privilege of citizenship guaranteed by the Fourteenth Amendment); See Twinings v. New Jersey, 211 U.S. 78, 97, 29 S.Ct. 14, 18, 53 L.Ed. 97 (1908).
In United States v. Lee, - U.S. -, 102 S.Ct. 1051, 71 L.Ed.2d 127 (1982), the Supreme Court addressed a similar free exercise issue. The Court recognized that the Amish religion prohibits both the acceptance of social security benefits and the payment of contributions by Amish to the social security system. Id. - U.S. at -, 102 S.Ct. at 1055. Although compulsory participation in the social security system interferes with the free exercise of Amish beliefs, the Court held that the state may justify a limitation on religious freedom by showing that it is essential to accomplish an overriding governmental interest. Id., citing Thomas v. Review Board, 450 U.S. 707, 101 S.Ct. 1425, 67 L.Ed.2d 624 (1981); Wisconsin v. Yoder, 406 U.S. 205, 92 S.Ct. 1526, 32 L.Ed.2d 15 (1972); Gillette v. United States, 401 U.S. 437, 91 S.Ct. 828, 28 L.Ed.2d 168 (1971); Sherbert v. Verner, 374 U.S. 398, 83 S.Ct. 1790, 10 L.Ed.2d 965 (1963). The Court found mandatory participation essential to the fiscal vitality of the social security system and that the broad public interest in maintaining a sound tax system would be undermined if “denominations were allowed to challenge the tax system because tax payments were spent in a manner that violates their religious belief.” Id. - U.S. at -, 102 S.Ct. at 1057. Similarly, Title VII establishes a compelling governmental interest in eliminating employment discrimination. The protection of employees who participate in EEOC proceedings from retaliatory job actions is essential to accomplish the purpose of Title VII. We reject Press’ argument that the free exercise clause protects its retaliatory dismissal of Tobler for her participation in EEOC proceedings against the Adventist Church.
B. Ecclesiastical Intra-Church Disputes
Press also claims that the district court failed to recognize that the action taken against Tobler was an unreviewable “ecclesiastical decision.” Press insists that the administrative structure of the Adventist Church is such that decisions by the church’s governing authority concerning religious discipline are unreviewable in civil courts. The cases cited by Press, however, involve major intra-church disputes over religious doctrines and practices. E.g., Serbian East Orthodox Diocese v. Milivojevich, 426 U.S. 696, 96 S.Ct. 2372, 49 L.Ed.2d 151 (1976) (dispute over control of the Serbian Church between a defrocked Bishop and a newly appointed Bishop).
Serbian Diocese does not apply to the present dispute because we are not deciding between competing church doctrines. We accept that the doctrines urged by Pacific Press represent the beliefs of the Adventist Church. We recognize that the Adventist Church favors equality in employment and discourages lawsuits by church members against the church. Unlike a major intrachurch doctrinal dispute, see Presbyterian Church v. Mary Elizabeth Blue Hull Church, 393 U.S. 440, 89 S.Ct. 601, 21 L.Ed.2d 658 (1969), the present case concerns the failure of a religious employer to adhere to federal regulations. Although Adventist beliefs are consistent with the equal opportunity goals of Title VII, the church’s prohibition of lawsuits conflicts with the necessary enforcement mechanism Congress provided to ensure equal employment and to protect employees from retaliation. We have determined that the compelling public interest embodied in Title VII simply outweighs Press’ assertion that the pervasively religious nature of its activities or the exercise of its particular religious belief prohibiting civil suits immunizes Press employment policies from EEOC regulation.
Significantly, Tobler’s local church could have invoked disciplinary actions such as censure or expulsion from the church which undoubtedly would qualify as ecclesiastical decisions immune from judicial review. But the discharge of Tobler from her position at Press is an action that involves more than purely religious considerations; it also conflicts with rules of conduct established by Congress for legitimate secular reasons.
C. Press’ Establishment Clause Arguments
Press also contends that Title VII violates the establishment clause because it creates impermissible EEOC entanglement with religion. Examining legislation for violations of the establishment clause follows yet another three step test: 1) the statute must have a secular purpose, 2) the primary affect of the statute must neither advance or inhibit religion, and 3) the statute must not foster excessive government entanglement with religion. Lemon v. Kurtzman, 403 U.S. 602, 612-13, 91 S.Ct. 2105, 2111, 29 L.Ed.2d 745 (1971). For reasons already discussed, we have concluded that Title VII has a secular purpose and that contrary to Press’ assertions, the statute does not have the primary effect of inhibiting religion.
Thus, as in both Mississippi College and Southwestern Baptist Seminary, only the third part of the test is the crucial one. Press cites NLRB v. Catholic Bishop of Chicago, 440 U.S. 490, 99 S.Ct. 1313, 59 L.Ed.2d 533 (1979), to support its position that EEOC regulations excessively entangle the Commission and the church. To determine whether a statute creates excessive entanglement, courts examine the character and purpose of the institution involved, the nature of the regulation’s intrusion into church affairs, and the resulting relationship between the government and the religious authority. Lemon v. Kurtzman, 403 U.S. at 614-15, 91 S.Ct. at 2112.
Although Press publishes only religious and religiously-oriented materials and maintains that all work performed at the publishing house involves religious activity, Press’ character and purpose clearly are somewhat less sectarian than those of a seminary. In EEOC v. Southwestern Baptist Theological Seminary, 651 F.2d 277 (5th Cir. 1981), the court held that the seminary must comply with EEOC filing requirements except for the employees who were found to be ministers of the church. The court recognized that “the character and purposes of the seminary are wholly sectarian,” but this finding did not support a complete exemption from all EEOC regulation. The court reversed the district court’s ruling that the employment records relating to the seminary’s administrative and support staff were immune from EEOC filing requirements. Id. at 281. The court’s reasoning does not aid Press in its claim that enforcement of the EEOC regulations constitutes excessive entanglement.
The present case is distinguishable from NLRB v. Catholic Bishop because neither the judgment in this suit nor Title VII’s enforcement mechanisms result in any ongoing scrutiny of Press’ operations. . The potential for ongoing entanglement or continuous supervision of church affairs by the government’s regulations is the critical entanglement issue which deserves the most emphasis. In Catholic Bishop, 440 U.S. at 502-03, 99 S.Ct. at 1319, the court found a serious risk of excessive entanglement because the enforcement of the National Labor Relations Act’s mandatory collective bargaining provisions at a sectarian school would have empowered the NLRB to judge the good faith beliefs of clergy-administrators, to assess the validity of positions central to the school’s religious mission and to issue cease and desist orders. EEOC cannot issue coercive orders and lacks independent authority to initiate actions to enforce Title VII. As discussed earlier, EEOC actions must be initiated by an employee filing charges with the Commission. Although the district court’s award of monetary damages to Tobler may inhibit Press from discharging employees who participate in Title VII proceedings, this remedy does not amount to continuous supervision of the kind the Supreme Court sought to avoid in Catholic Bishop.
Although Press insists that NLRB v. Catholic Bishop, supra, signals a major change in the Supreme Court’s attitude toward regulation of religious institutions, Catholic Bishop does not support Press’s sweeping position that all employees at a sectarian publishing house are immune from EEOC scrutiny. In a case decided after Catholic Bishop, the Fifth Circuit considered the nature of EEOC’s intrusion into a sectarian school’s operations and found the relationship created between the government and the college was acceptably limited both in scope and effect. EEOC v. Mississippi College, 626 F.2d at 487-88. Furthermore, EEOC’s relationship to religious employers threatens no more entanglement than other statutes which regulate employee compensation at religious institutions. See generally Marshall v. Pacific Union Conference of Seventh-Day Adventists, [1977] Emp.Prac.Dec. (CCH) 7806 (C.D.Cal.1977) (Equal Pay Act); Mitchell v. Pilgrim Holiness Church Corp., 210 F.2d 879 (7th Cir.), cert. denied, 347 U.S. 1103, 74 S.Ct. 867, 98 L.Ed. 1136 (1954) (minimum wage law).
The judgment of the district court is
AFFIRMED.
. Section 2000e-2: (a) Employer practices. It shall be an unlawful employment practice for an employer—
(1) ... to discriminate . . . with respect to [an employee’s] compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex or national origin; or
(2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive .. . any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex or national origin.
. Section 2000e-3: (a) Discrimination for making charges, testifying, assisting, or participating in enforcement proceedings. It shall be an unlawful employment practice for an employer to discriminate against any of his employees . . . because [the employee] has opposed any practice made an unlawful employment practice by this subchapter, or because he has made a charge, testified, assisted or participated in any manner in an investigation, proceeding, or hearing under this subchapter.
. In appellant’s brief, counsel describes the church membership as consisting of approximately 3,419,159 baptized adult members and 4,059,621 Sabbath School members “essentially indistinguishable from the rest of the public except, among other things, that they do not smoke, drink, dance or play cards, and they go to church on Saturday.” Brief for Appellant at 15.
. In addition to “Signs of the Times” a monthly magazine published by Press, it also publishes other official documents, including the Seventh Day Adventist “Church Manual” (rev.1971); the “Seventh Day Adventist Yearbook” 1973-74 and other similar books and papers.
. For a detailed history of the present litigation and related cases, see the decision in the district court, EEOC v. Pacific Press Publishing Association, 482 F.Supp. 1291 (N.D.Cal.1979).
. See EEOC v. Pacific Press Publishing Association, 482 F.Supp. at 1298 n.16.
. For a description of Tobler’s reduced duties, see EEOC v. Pacific Press Publishing Association, 482 F.Supp. at 1299 n.18.
. The Clark-Case substitute bill was virtually identical to the exemption provided in the original bill. 1964 Legis.Hist. 3035; 110 Cong.Rec. 12864.
. The Fifth Circuit carefully scrutinized the type of work performed by the seminary’s employees and protected positions which involved duties a minister performs. As an example of the court’s reasoning in distinguishing between the exempt and nonexempt administrative positions at the seminary, the court stated: “The President and Executive Vice President of the Seminary, the chaplain, the deans of men and women, the academic deans, and those other personnel who equate to or supervise faculty should be considered ministers as well. On the other hand, those administrators whose function relates exclusively to the seminary’s finance, and other non-academic departments, though considered ministers by the Seminary, are not ministers as we used that label in McClure [McClure v. Salvation Army, 460 F.2d 553 (5th Cir.), cert. denied, 409 U.S. 896, 93 S.ct. 132, 34 L.Ed.2d 153 (1972)]. Their positions are akin to support staff positions.” Southwestern Baptist Seminary, 651 F.2d at 284—85. The court decided that all the teaching faculty at the seminary qualified as ministers and were thereby exempt from EEOC’s filing requirements. Id. at 283. But even though most of the seminary’s support staff consisted of seminary students or their spouses or the spouses of faculty, the court rejected the argument that their positions within the seminary were sufficiently religiously-oriented to exempt their jobs from EEOC’s filing requirements. See id. at 283—286.
. Press’ assertion that Congressional authority for enacting Title Vll was based solely on the commerce clause is inaccurate. Congress relied on section 5 of the Fourteenth Amendment in addition to the commerce clause. Fitzpatrick v. Bitzner, 427 U.S. 445, 453 n.9, 96 S.Ct. 2666, 2670 n.9, 49 L.Ed.2d 614 (1976).
. The religion clauses of the First Amendment provide: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”
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CASELAW
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Juul has lost a third of its value, sources say
Embattled e-cigarette company Juul has lost more than a third of its value. Sources told CNBC's David Faber that a decent-sized stake in the privately held company now trades for $90 a share, down from $300 in July when the company was valued at $38 billion. Earlier this year tobacco giant Altria invested in Juul when the company was valued around $250 per share. But the company's valuation has continued to slide as regulatory headwinds mount. On Thursday Juul announced that it plans to suspend the sale of its fruit flavors amid ongoing concerns over the health impact of e-cigarettes. The Trump administration is expected to remove all flavored e-cigarette pods from the market, leaving only tobacco flavors. "We continue to review our policies and practices in advance of FDA's flavor guidance and have not made any final decisions," Juul spokesman Austin Finan said in a statement. "We are refraining from lobbying the administration on its draft flavor guidance and will fully support and comply with the final policy when effective." The Centers for Disease Control and Prevention said on Thursday that the number of fatalities from vaping-related illnesses has now grown to 33. - CNBC's Angelica LaVito contributed reporting.
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NEWS-MULTISOURCE
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Abdul Aleem (professor)
Abdul Aleem was a scholar, educationist, journalist and writer in Urdu. He was the professor of Arabic at Aligarh Muslim University, and also served as its vice-chancellor from 1968 to 1974.
Early life and education
He belonged to a zamindar family. His father was a practicing lawyer in Lucknow. He excelled at studies from the very beginning, and it was only natural that he should have been drawn into the field of academics. After his studies he initially joined Jamia University and during his association with Jamia university, he wrote profusely for its organ "Jamia". His escalation as an academic was phenomenal, but hardly surprising in view of his abilities. In the early 1930s he had been to Germany and had there come into contact with Marxian thought. After his stint at Jamia, Abdul Aleem joined the Lucknow University as head of Department of Arabic. He was soon to come under the influence of the progressives. The progressives were extremely active at lucknow, during this period. The university was a hotbed of nationalist, socialist and communist literary activities. It was no surprise that he should have got involved in these.
Political career
In 1934, when Shri Jaiprakash Narian lay the foundation of the Congress Socialist Party at Pune, Abdul Aleem was with him, amongst the founders. When the first convention of the Progressive Writers was being called at Lucknow in 1936, Shri Abdul Aleem was amongst the organisers along with Sajjad Zaheer and others. In 1938, he was appointed General Secretary of this Association. He was managing director of the weekly "Hindustan" which was the precursor of the Qaumi Awaz. this publication was started by Acharya Narendra Dev and shri Rafi Ahmed Qidwai. He was also a member of the editorial board of "New Indian Literature" along with Mulk Raj Anand and Ahmad Ali. His work "Literature and Marxism" is one of the accomplished treatises of the times and of the progressive literature of the period. The writings of Abdul Aleem were causing an awakening amongst the youth, throughout the length and breadth of the entire country and his political activism was becoming more and more strident day by day. As a consequence, he was arrested and imprisoned by the British and underwent rigours of prison for a year.
Academic career
After independence was won, Abdul Aleem was invited to join the Aligarh Muslim University as head of the Department of Arabic. In a short time he had proved his worthiness in his assignment and was appointed as Vice Chancellor, Aligarh Muslim University in 1968. After completing his tenure here he was called upon to serve as chairman of the newly constituted "Board for promotion of Urdu". He was called upon to travel with shri Zakir Hussain who was serving as vice president. Dr. Abdul Aleem was also a linguist in his own right, besides English, Hindi, Urdu, Persian and Arabic, he also had knowledge of German, French, Russian and Chinese. He was amongst the founders of the "Indian School of International Studies".
About Abdul Aleem Prof. Mumtaz Hussain writes "Dr. Aleem can be counted amongst those few intellectuals belonging to the sub-continent who gave a direction to the thinking of the people of the sub-continent."
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WIKI
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Sortwith
I might be misunderstanding but trying to use sort with to order a second array like this but the surfer order never changes
[code]Var surferorder() As Text = Array(“Surfer1”, “Surfer2”, “Surfer3”, “Surfer4”)
Var totals() As double = Array(Surfer1Total, Surfer2Total, Surfer3Total, Surfer4Total)
totals.Sort
surferorder.SortWith(totals)
MsgBox "Winner "+surferorder(surferorder.LastRowIndex)
[/code]
Try
totals.SortWith(surferorder)
No that doesn’t seem to do it either :frowning:
It definitely works on my side.
Maybe your surfers are already in the correct order.
Think of SortWith as ‘Sort As Well As’
[code]dim n() as integer =array(0,10,5,2,4)
dim s() as string = array(“zero”,“ten”,“five”,“2”,“four”)
//print the original data
print("unsorted “+join(s,”, "))
//sort using the values in n
n.sortwith(s)
print("sorted “+join(s,”, "))[/code]
Your n array needs to be a simple class such as integer, double or string(if you want it alphabetically)
Your s array can be anything, so long as the order of s is the same as n - i.e. they are added in the same (unsorted) order.
Output:
unsorted zero, ten, five, 2, four sorted zero, 2, four, five, ten
[quote=494743:@Martin Fitzgibbons]I might be misunderstanding but trying to use sort with to order a second array like this but the surfer order never changes
[code]Var surferorder() As Text = Array(“Surfer1”, “Surfer2”, “Surfer3”, “Surfer4”)
Var totals() As double = Array(Surfer1Total, Surfer2Total, Surfer3Total, Surfer4Total)
totals.Sort
surferorder.SortWith(totals)
MsgBox "Winner "+surferorder(surferorder.LastRowIndex)
[/code][/quote]
Youre calling it backwards. You need to use SortWith on the array you want to sort with:
totals.SortWith(surferOrder)
The reason is that SortWith can take more than one array so you can do multiple at the same time.
Probably not what I need. I thought I could sort the scores in into ascending order and then Sortwith would apply that same sorted order to the name array so the scores matched the names??
That’s exactly what this line of code is doing:
totals.SortWith(surferOrder)
There’s 2 issues with the original code:
1. Remove:
totals.Sort
2. As noted above, change the SortWith line to:
totals.SortWith(surferOrder)
SortWith sorts both together. By calling totals.Sort first, you break the matching order of the 2 arrays before calling SortWith.
Thanks Paul
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ESSENTIALAI-STEM
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MAXENT vs. MAXENT & AL.
The proceedings of a family meeting are valid, although written and recorded in the French language.
Appeal from the court of probates of the parish and city of New-Orleans.
Porter, J.
delivered the opinion of the court This is an appeal from a decision of the court of probates, rendered so far back as the year 1819, which adjudicated to the mother of the appellants, an estate that was common property between her and them. The minority of several of the appellants, has enabled them to bring it up at this late ¡day, and they allege as error apparent on ■the face of the record, that the process verbal of the family meeting, on which the ¡adjudication was made, is written in the French language.
It was desirable on every consideration, that a question on which the title to such a large portion of property in this state depends, had received a full examination from the bar; but it has pleased those who had the management of the case, to submit it for our decision without argument; we are therefore compelled to decide it by such lights as our own understandings, and research may furnish.
According to a provision of the constitution of this state, all judicial proceedings are to be conducted and preserved in the language in which the constitution of the United States is written. It is now too late to en-quire into the policy or wisdom of introducing such a provision into the constitution. It is there, and must be obeyed. It was one of the conditions too, on which Louisiana was admitted into the Union, and superadded to the solemn obligation imposed on all public functionaries to obey, and give effect to the fundamental law of the state: we have in regard to this particular provision, the obligation of being bound in good faith to others, to do that which the people of this state through their Convention covenanted with the United States they would do.
Impressed, I hope, with a proper sense of the'magnitude and weight of these obligations, I have given to the case now before the court a more than ordinary degree of attention.
It is eighteen years since the territory of Orleans was erected into a state, and this is the first time the question which the present appeal presents, has come before the court m such a shape as to require it to be decided. gUf; other causes have been adjudicated on, bearing a greater or less analogy to that before us, which it may be well to pass in review before entering on the considerations which are particular to the case now presented for decision.
Immediately after the adoption of the constitution, a question arose under the clause in the constitution already alluded to, and it was presented to the superior court of the late territory, which at that time had not been superseded by the state tribunals. It was there decided that a mittimus in the French language was void. ' According to the report of the case, it appears to have been acted on without much argument, and indeed it does not appear susceptible of any: as an order emanating from a court ofjustice, committing a criminal to jail, is clearly and emphatically a judicial proceeding. 2 Martin, 277.
The next case in which the question was presented, was that of Dussau’s syndics vs. Bredeaux. The court there held that a creditor who had not opposed the. homologation of the proceedings of the creditors before the r ® , notary, nor appealed from the decree, could not avail himself of the process verbal being written in-French. The judge, (Derbigny,) who -delivered the opinio h said í ®We inclirie • indeed, to think?,-tbatthe afetsof tired-itors'.cóli-i vened By ai court ‘of justice,estire;part, oRheh judieihbproceediiigs,- which-should-' be -i-edoioa ded and conducted in’English.”
. In thd- case of Tregue vs. Tregre, - the; court- waived .the.quest ion as1 to- ¡tire necessity* of the. deli be Nations of a family meeting being-¡in; English, but decided, that- the ac ts-of' the judge decreéing- an -adjudication was a judicial proceeding, and must‘be in the lan---guagehn which the eons ti td tion. of thé Unitéd States was-written.6 Martin, 668:
.The-subject-came again*before- the-' cohfF in the case of Viales’ syndics vs. Gardner, and it wag then decided, that when the proceedings of creditors before a notary were returned into court, and made its judgment that they must be in the English language, no judgment appeared on record but the proceedings drawn up in French, and a judgment being a judicial proceeding could not be in that language. 9 Martin, 324.
• In the case of Dittman vs. Hotz, on an appeal from a judgment refusing to homolo-gate an award, asimilar decision was made, and similar reasons given for it. The court said that under the law as it then stood, no power was conferred on the judicial authority to render judgment on the award: all that could be done was to place it on record and order its execution, and that it could not be placed there as a judgment unless' it was in the English language. A distinction, however, was taken and recognized between that which was evidence on which the court decided, and that which was a judgment. It was said in the opinion delivered in that case: “if the award is merely the evidence on which judgment is to be rendered, it may be, written in any language the parties choose to adopt.” 9 Martin, 200. '
In the case of Durnford vs. Segher’s syndics, it was held that the proceedings of creditors in a- concurso carried on in the French language were voidable. That case presented the same question as that of Dittman vs. Hotz. The deliberations appointing syndics, do not require to be homologated. Their decision stands therefore when returned intp court as its judgment: and hence it follows, these deliberations must be in English. No judgment can be pronounced on the tableau, but that of homologation if it be approved, and as was said in Viales’ syndics vs. Gardner, the homologation has no other effect than to place what is homologated on record as the decree of the court. 7 Martin, 409.
In the case of Tilghman vs. Dias, an objection was made to an order of seizure and sale, issuing on an authentic act, executed in the French language. The court decided against the objection, and held; first, that it could not be considered as one of the public records of the state, which the constitution required to be in English, and second, that it was not a judicial proceeding; it was the evidence furnished to obtain judgment, 12 Mart. 691.
The petition praying for an adjudication of the property in the instance before us, is in English, and the judgment in that petition is in the same language. It is in these Words : “ Let the deliberations of the minors Maxenfs family hereunto annexed, be approved, and registered, and let the property within men-' tinned he adjudicated to the petitioner, at the price of .ils valuation in the inventory, as it is decided by said deliberation. -■
It is thus seen, that the case, hefqre. the courj ig‘ different.from any yet-decided by it. The judgment here is in the.coqstitu-tional language. In- the cases already mentioned, which bear the closet resemblance to this, the decrees were not pronounced in English: the proceedings in French were made the judgment of the court, or when presented for approval, they would have become so if homologate.d. The question ip therefore open, on, its merits, and we ar,e: at liberty to examine fit,, not indeed entirely uninfluenced bydhe eases already decided, ,but certainly uncontrolled by them, for;though in some respects alike, they are far from being the-same.*
That question is, whether a judgment pronounced in English, adjudicating property, where the deliberations of the family meeting haye .been.conducted, -, and, recorded, in French, is null and void?. -I feel it tobe one o.f considerable difficulty,, and.I know it to be one,, in which a great, and J am convinced an honestdiv-er.feity of opinion .exists, T,hi$i is not, surprising-Meh-will .be, found to differ on this, as on almost .all .questions ,oi general- importance, where there is the least .room for it, and more especially oh those, where'political objects are to be attained by legislation. - Nothing has such a tendency to warp and bias the mind, and confuse our researches after truth in legal questions, than the combination of such matters, and men who think they reason solely on the subject as one of law, will insensibly to themselves; differ in their conclusions, from the different views, they take of its policy, . Independent of this consideration, they will differ too, uncons'ciou,s of the cause, from temperament past of thought: habits of viewing legal questions.: and in this instance perhaps from the language .they' speak. The .sects which have always divided jurisprudence, exist here as in every other community. One class will interpret the terms judicial proceedings, lato sehsuo, the other stricta sensu, and thus arrive at'directly opposite results, One, viewing the object contemplated by the constitution as "of vast importance to the best interests bf a people, who forming part of a govérp-ihisht,' do not speatc its language, will prefer, and naturally come to think right, that constructjon which in a measure compels a state of things, they consider beneficial. Another, considering the desired end, retarded, rather than advanced, by any thing which carries with it an air of compulsion, who believe that the object sought for, will be best attained, by trusting to timé, and the influence of causes, which cannot fail of their effect unless prejudices are aroused against them, will leave to, and finally adopt that intérpretation, which leaves the' matter as much as possible to the will of the people, who are to gain, or to suffer by it.
Whether any of these considerations have operated in my mind is more than I can say. Perhaps they have. But if they have, it is unconsciously, for my aim has been, in common I am sure with the other members of the court, to seek for the true intent and meaning of the framers of the constitution.
Perhaps it would be correct to say, that nothing can be considered judicial proceedings, but writs, citations, pleadings, interlocutory orders, judgments, and executions. But definitions are dangerous, and it is better and safer to say what is not, than what is a judicial proceeding. It is material in my view of the case, to examine whether the evidence given in a cause can be considered such, and I do not think it can. It is not a proceeding of justice, but that on which judgment is formed and pronounced, and when it consists of written documents, it exists independent of, and previous to the suit in court. It could not have been the contemplation of congress when they proposed this condition, and lam sure it was not understood by our convention when they accepted it; that the people of this state were to cease at once using their own language for all written contracts, on pain of their being null and void. Such an idea cannot be harbored for a moment. If then the evidence need not be in the English language, is there any necessity for translating it into that language before it can be used; and is the judgment null and void where it does not appear on record, that this formality was pursued ? I think not, because the evidence is not a judicial proceeding, but the matter on which proceedings are had.
On this branch of the question I have no doubt; but I have serious doubts, whether the deliberations of a family meeting can be i •1 t ’ considered as mere evidence in the eause; The act under which the adjudication took-place, is in. these words : “ When the - legitimate father or mother .of. a minor, has 4nr estate in common with said minor, saidi father; of mother; may cause either the whole, ;;or part of. said estate to- be adjudicated! tó. him! or her by the judge, according to the ,estimated value of the inventory, provided this esti-‘ matioh has been' made- by appraisers duly sworn, and provided likewise said adjudication be decreed convenient to the interest of the minor by the assembly of the family, and provided moreover the same has been assented to by the under tutor,” Mart. Dig. 121, 128, no. 3.
- By this enactment it appears, that the* sentence of adjudication is pronounced on three-things: the estimation being sworn to ; the assent of the under tutor; and the advice of family meeting. And hence it may be said, that all, and each of these things, are the evidence on which the judge acts, when he decrees that the property shall be adjudicated. As however the family meeting give their advice and opinion to the judge, which advice and opinion must be formed on all the cir- . , , , , . , , , , ctimstances that coulu render such a rnea-sure proper; there is considerable force in the position that they are by law made assistants to the judge in pronouncing his decree, and that their deliberations form a part of the judicial proceeding. In opposition to this it may be said, that their functions cannot be distinguished from that of witnesses skilled in a particular art, or profession, who give their opinion to the court on other evidence, and on which opinion the court acts in pronouncing judgment. On the other hand, the deliberation of the family meeting, and the conclusion to which it arrives, bear a considerable analogy to the deliberations of a jury who hear the evidence, and give a verdict, on which the judge pronounces judgment. But the weight due to this last consideration is greatly diminished, by reflecting that juries are made bylaw a tribunal for the trial of facts; that when called on for that purpose, they take the place of the judge; that the trial is in open court; that in criminal matters the verdict is conclusive in favor of the prisoner; that when they decide the judge does not weigh the testimony. While in the case of an adjudication of minors’ property, he comes t(> his conclusions not on the advice of the family meeting alone ; but on that and other evidence, viz. the inventory and appraisement being sworn to, and the consent of the under tutor. That there is no more reason for not considering the deliberations of the family meeting evidence, than there would be to declare, that the assent of the under tutor, and the proof of the appraisement being sworn to, was not.
It cannot escape the attention of any one who reflects on this subject, that if the deliberations of a family meeting is considered a judicial proceeding, a most embarrassing consideration would arise in relation to another matter of daily occurrence in this state. We have the executory proceeding,, by which an order of seizuré and sale, may at once issue on a mortgage by authentic act, executed before a notary. Our law regards this as equivalent to a confession of judgment. We have decided that a judge in giving an order on it, acts judicially. 12 Mart. 691. If the family meeting be a judicial proceeding, it will be hard to draw the line between it and the act before the notary. Now though a cáse has been brought before the court, where this question was mooted, I do not believe that it was ever seriously doubted, that acts before notaries in the French language, had not the same force and effect as if they were written in English; the belief has been almost universal, that they were nothing more than evidence, on which the court might pro* nounce judgment, and order execution.
I have thus thrown together the different reasons which, have occurred to me in the examination of this question, why the advice of a family meeting should and should not be considered a judicial proceeding. If the subject was presented to me without the aid furnished by the opinion which the other branches of the government have expressed on it, I should have strong doubts, though the leaning of my opinion is, that it partakes more of the character of evidence, than any thing else. But the act of the legislature cannot be excluded from consideration, and the constitution has to be interpreted not by itself alone, but with the statute passed in relation to it.
In the year 1822 the legislature of this state passed an act, by which they in substanch declared, that the deliberations of a family . , J meeting were not judicial proceedings: because in the act it is provided, that the pro-cegg verjjaj 0f a fami]y meeting shall be as legal and binding on the parties, as if made and executed in the language in which the constitution of the United States is written.
That this act cannot control the case now under consideration unless it be constitutional, is a truth which requires no reasoning to enforce, and I trust the day is distant when it will be necessary to prove it. But though a law of the legislature can never make that constitutional which is not so in truth, it must exercise a powerful influence in deciding whether it be constitutional or not. The opinion of the legislative and executive branches of the government, sworn like the judiciary, to maintain the constitution, acting under every obligation which duty and conscience can impose, is certainly a strong, though not a conclusive reason to induce others where the case is not clear, to adopt their construction as correct. It has all the weight which authority, independent of reason, can have in any case. And if the subject be one on which doubt exists, it is the duty of the other branches of the government to adopt the con- , ° , , • „ struction: the peace ox society emphatically requires it.
I have looked, I believe, into all the cases whicli are reported to have come before the courts of the different states of the Union, and those of the United States in regard to the constitutionality of laws, and I find the principle just alluded to, has universally been admitted, and uniformly acted on. It is unne.-cessary to cite all these cases, or quote the language of the distinguished men who have been governed by this consideration. So early as the year 1798, judge Chase said, I never will decide any law to be void but in a very clear case; and the present chief justice of the United States, in delivering the opinion in the case of Dartmouth College vs. Woodward, observed: “On more than one occasion this court has expressed the cautious circumspection with which it.approaches the consideration of such questions; and has declared, that, in no doubtful case,would it pronounce a legislative act to be contrary to the constitution.” From every thing I can discover, I believe this principle to be as firmly established, as the right of the judiciary to pronounce a law unconstitutional. 3 Dallas, 395; 4 Wheaton, 624.
I am doubtful in this instance, whether the Jaw under consideration be unconstitutional, and I cannot pronounce it so. If the doctrine just stated be true, there never was an act of a legislature to which it can be more cheerfully applied. The statute interferes not with mens’contracts: it destroys no vested rights: it impairs not the protection due to property: nor violates personal security. It is in furtherance of justice: to quiet men in their estates: to protect the citizen in the possession of that which he has honestly acquired; and to prevent it being wrested from them on technical objections.
And this brings me to a consideration of great importance, and which I acknowledge has as much weight on my mind as the act of the legislature. It is now 18 years since the constitution was formed. During all this time it has been universally believed that meetingsof families might be conducted in the language of the persons called to deliberate on the affairs of minors. I believe it is not an exaggeration to say, that every twenty-five years, nearly all the property of the state passes through the court of probates. A large ° . , . . . ,. portion or it has been settled by proceedings similar to those now before us, and a decision pronouncing them void would produce the most disastrous effects on the best interests of society. Litigation to:a frightful extent, could not fail to follow a declaration on our part, that they were void. Litigation too in its most odious features, where the endearing ties of blood and friendship, would be sacrificed to cupidity: where brothers and sisters would be seen arrayed against each other, and children against their parents. No one can contemplate such consequences without pain,and nothing short of an absolute conviction on my mind, of the proceedings of the family meeting being clearly a violation of the constitution, could induce me to scatter the seeds of discord through the state and sow them in the bosom of families. The case before is a sample of what would follow. We have here presented the disgusting spectacle of children, for the sake of a little property, accusing their mother of misconduct, and dragging before a court of justice, the being to w horn they are indebted for life.
The importance of all constitutional questions is my reason for going so much at length into this. In concluding, I wish to state, that ifthe law was clearly unconstitutional,! do not think the continuance of the error for any length of time could render it valid. It appears to me that the implied assent of the other branches of the government which sanctions mistakes in relation to laws, cannot have any effect in constitutional questions, for they have no power to dispense with the fundamental lawof the state. But it is unnecessary to enter fully into this subject.
My opinion is that the judgment of the court of probates be affirmed.
Martin, J.
The defendants are appellants from a decree, approving the process verbal of the deliberations of the family meeting, and adjudicating to the plaintiff the property therein mentioned, common to her and the defendants her children.
Their counsel has assigned as errors apparent on the face of the record, that
1. The proceedings of the family meeting by virtue of which the whole estate was decreed to be adjudicated to the appellee, at J . 1 the price of the appraisement, are nail and void: the same not being written in English.
2. That the proceedings (being a public act) ought to have been attested by two witnesses.
The case has been submitted to us, without any argument.
I. By a provision of the constitution, H all judicial proceedings are to be conducted and preserved, in the language in which the constitution of the United States is written. Section 15. art. 6.
I remember but five decisions of this tribunal which cast any light on the question we are now called on to solve.
There is however, one of the superior court, before the organization of the judiciary of the state, according to the constitution, it is that in Macarty’s case, 2 Martin, 278 ; it was there held, that a mittimus, written in the French language was null and void.
This court was first called upon to act on the question in the case of Dussuau's syndics vs. Prideaux, 4 id. 451 ; we then decided that a creditor, who had not opposed the homologation of the process verbal of the deliberations of the meeting of the creditors , e before the notary, could not avail himself ot {j)3 circumstance of the document, being written ja tfle French language. We then said that we inclined to think that the proceedings of creditors, convened by a court of justice, are a part of these proceedings, the whole of which forms what is known to the Spanish law, as the juicio de concurso; as the con» stilution requires that all judicial proceedings should he conducted and preserved in the language in which the constitution of the United States is written, we are disposed to believe, that if the objection had come from a parly who had not concurred in, or adhered to the proceedings complained ofj it would be our duty to declare they are not legal.
The next case was that of Tregre vs. Tregre, 6 id. 668. We then held that the proceedings of a judge of probates, proceeding as such, to the partition of an estate, and decreeing the adjudication of it, were stamped with the character of judicial proceedings, and it was our duty to declare that, unless they were written in the English language, as the con» stitution requires, they were void.
The third was the case of Durnford vs. Segher's syndics, 7 id. 499, which was an appeal from a judgment of the court of the first district, setting aside the proceedings of the meeting of the creditors, because they were written in French, In affirming the judgment wo said, the proceedings set aside are judicial proceedings ; they are ordered by the court, and constitute a part of the proceedings, instituted by the debtor against his creditors, and are the basis of the judgment which terminates them. They are therefore some of the proceeding-:, which the constitution requires to be conducted and preserved in the language in which the constitution of the United States is written.
The fourth is the case of Dittman vs. Hotz, in which we expressed our clear opinion, that whenever one of the parties, who have submitted their case to arbitrators, applies to a court of justice to have their judgment to make the award valid, which the party presents for homologation, it must be written in the language which the constitution requires $ otherwise it would not judicially appear on the records of the court, by virtue of what sentence or judgment execution was awarded»
Lastly, is the case of Viales' syndics vs Gardner, id. 321. This was an appeal from the judgment of the court of the first district, refusjng t0 acknowledge the plaintiffs’ capacity as syndics, because the process verbal of the deliberations of the creditors before the notary, were written in the French language. The proceedings had indeed been homologated, but no part of them was recited, nor was any mention made of the plaintiffs’ appointment as syndics, in the judgment of homologation. We said “ to homologate is omos logos, similiter dicere, or to say the like. The case cannot be put on a footing more favourable to the plaintiffs, than by considering it, as if the whole proceedings before the notary had been verbatim and literatim transcribed in the judgment. Had this been the case, we would be bound to consider the part of the judgment written in the' French language as a nullity : and if what is on this record, written in the French language be disregarded, nothing shows that the plaintiffs were appointed syndics. The judgment of the district court was affirmed.
According to these decisions, it appears that the process verbal of the deliberations of the meeting of an insolvent’s creditors, and an award of arbitrators were considered by the judiciary power of the state as judicial proceedings ; and consequently were of no validity, unless conducted and preserved in'the language in which the constitution of the United Slates is written. Whether the process verbal of the deliberations of a family-meeting were to be considered in the same light, was a question which does not appear to have been brought.
The legislature was now pleased to enact that no process verbal of any family meeting, no written instrument containing the deliberations of any meeting of creditors, no decision or award of arbitrators, that may have taken place previous to the date hereof, or may take place hereafter, shall in any way whatever be attacked or invalidated, on the ground that it may have been made, executed, or drawn up in the French language ; but on the contrary, any process verbal of the deliberations of a family meeting, any act containing the deliberations of meetings of creditors, any decision or award of arbitrators, which may be made or executed in the French language, shall be quite as legal and binding upon the parties, as if the same had been made or exe- . cuted in the English language. Act of March 16, 1822.
• jt jiag appeare(| m rne that the present case may be disposed of, without inquiring into the force and effect of this act of the legislature. Allowing to the appellee every benefit he may attempt to draw from if, the decision of the court in the case of Tregre vs. Tregre is unshaken. The proceedings of a judge of probates decreeing the adjudication of an estate, are stamped with the character of judicial proceedings, and it is our duty to declare that unless they be written in the English language, as the constitution requires, they are void.
Neither is our decision in the case of Viales’ Syndics touched, and the present case, according to it, “ cannot be put on a footing more favourable to the plaintiffs than by considering it as if the whole proceedings, of the family meeting had been verbatim and literatim transcribed in the judgment. Had this been the case, we would be bound to consider that part of the judgment as a nullity : and if what is written in the French language on the record be disregarded, nothing shows what land is adjudicated. The _ . -r , decree is m the following words : “ Let the deliberations of the minors Maxents’ family, hereto annexed, be approved and registered, and let the property within mentioned be adjudicated to the petitioner, at the price of the valuation in the inventory, as is described by said deliberations.” Now, if in the case of Viales’ syndics, (whose appointment resulted from the homologation or approbation of the deliberations of the creditors, written in the French language,) could not establish their capacity, because the document referred to in the judgment of homologation, being in the French language, had not the character of judicial proceedings; how can the appellee establish whát land was adjudicated to her, and what are the directions of the deliberations of the family, while these lands and directions are not stated in the judgment, nor in any part of the judicial proceedings of the case f
It appears that the judgment is erroneous, because it does not show what land is adjudicated, nor what are the directions of the deliberations of the family meeting. This omission, indeed, would be cured, if this appeared by any part of the judicial proceedings. As we held in the case of Witmans’ heirs vs. Duhamel, a judgment must jje certain, but if it does not appear so on its face, it suffices if it appear to be so by a reference to the judicial proceedings in the case. If that certainly appeared only from a recurrence to the evidence, 1 think the judgment would be incomplete; for the evidence is not always conclusive, and it is a judicial process to extract the evidence from a mass of testimomy and instruments of writing; if a reference in any case be to a particular piece of evidence, I think it should necessarily be toa piece of evidence, written in the language in which judicial proceedings are to be conducted and preserved.
The other members have formed an opinion, which is about to become that of the tribunal: it is my duty, as I do not perfectly assent to it, to state my view of the case.
The family meeting, in a case like dhe present, is the assembly of the minors’ kin-, dred„ to whom the law requires a judge of probates to refer the main question of fact: «. e. whether it comports with his interests, A , . , , J, that his part ot the property common to him and the surviving parent be adjudicated to the latter, at the price of the appraisement. This finding is the basis of the decree, which puts an end to the action or suit instituted or commenced by the parent’s petition to have a family meeting called; the order of the judge therefor, the ci-tationto.the members of the meeting; the process verbal of their deliberations; the citation to the under-tutor, if he does not appear at the meeting; the petition to have the adjudication made according to the deliberations; and the judge’s final order appear to me essential judicial proceedings.
in case of insolvency, the debtor institutes or commences an action against all his creditors, in order to obtain a respite or their acceptance of the cession of his property and his discharge from liability to imprisonment. His petition, the order of the judge thereon; the citátion of the creditors to the meeting; the process verbal of the deliberations of the creditors, fyc. appear to me judicial proceedings, terminating by the final judgment
The process verbal of the deliberations of the creditors is the basis of the consequent decree, and is part of the judicial proceedings which precede it.
Such have been my impressions, when I joined my colleagues, in the judgments 1 have cited. I confess they were unchanged when the act of 1822 was promulgated. It is now my duty to see whether it presents to courts of justice a legitimate rule of action.
Its object appears to have been the gratuitous one of explaining the fifteenth article of the sixth section of the constitution, to remove from its influence certain documents, which repeated judgments of the inferior courts, affirmed by this tribunal, had declared within it. The act was expressly declared to have a retroactive effect. It appears to me the gratuitous exposition, interpretative and constructive explanation of the constitution are not legitimate objects of legislation!
The exposition, explanation, or construction, given to any part of the constitution, on which they are legitimately called upon to act, will command the respect of citizens and magistrates, as the opinion of the first branch of government, drawn forth in the exercise of its legitimate functions, e. g. in a late contest the decision oí the Senate and house of representatives, as to thepresi-dent of the senate, appointed last January, must command the respect of the judiciary, because the houses were by certain circumstances called upon to determine whether, on the death of a governor, his functions, till another was elected, devolved on the president of the senate for the time being ; or solely on the president of the senate, at the period of the governor’s death. The constitution imposing on the houses the duty of acting on .the question, when it arose, vested them with the power of determining it. -
The opinion of the supreme court of the United States, expressed in the legitimate exercise of its functions, the pronouncing judgments between suitors, affords a legitimate construction of the constitution and laws of the United States, which will command respect and obedience from every tribunal in the nation ; but if its opinion was given not as a judgment, but as the former parliaments of France used to do, par vote da réglement, it would have no binding . authority.
j conclude that I cannot change the opi-n¡on j ^ve formed or expressed in assenting to the decisions I have cited, merely because it has pleased the legislature to express a contrary opinion.
But although the act of the legislature per se, does not seem to me to have any force, yet I must reflect that their view has been that of a great majority of the judges of probates in this state, ever since the operation of the state government; and since the promulgation of the act, many judges have believed it afforded them a legitimate rule of action.
The members of family meetings, being the relations of minors, are generally of the ancient population of the country ; few pf whom understood any language but the French; they would have refused their signatures to a document couched in a language unknown to them. The practice of drawingprocess verbal of their deliberations generally during the ten years, which pre ceded the act ‘of the legislature, has become almost universal during the eight ■years that followed it. A vast number of 1 estates have been settled and adjudicated in this way. 'Property to an immense amount has had innumerable mutations. The state must be thrown into the utmost confusion and disorder, by our considering the process verbal of the deliberations of family meetings, as within the influence of the fifteenth section of the sixth article of the constitution.
And we must adopt the course we pursued in 1815, when we were pressed to declare, that the office of special administrator which had been in operation for eleven years, had no legal existence, in the case of Rogers vs. Buller, 3 id. 665. We then said, “ Till the institution of the present suit, during the whole territorial government, no doubt appears to .have ever existed of the constitutional and legal existence of the office: many estates, since, of great value, have been settled by the special administrator. It would be attended with monstrous inconveniencies, if by declaring now that the office never legally existed, the court was to annul all the transactions of the various incumbents, who have filled it.” We then referred to a similar de-cisión of the supreme court of the United States, in Stuart vs. Laird, 1 Cranch, 309.
II. The family meeting was held before a . „ , ... ... , justice of the peace, and his return like that of a dedimus potestatem, did not require the subscription of any witness.
Under these impressions I deem it my duty to conclude, that we ought not to admit the objection, that the process verbal of the family meeting was written in the French language.
But on the ground I first took, I think the judgment of the court of probates should be reversed, and the judgment made certain, by stating in the judgment, what land is adjudicated, and under what directions, if any.
Mathews, J.
This case offers but one question for solution. It is however of great importance as involving a constitutional in-terpretad or?, which will have a serious effect on many titles to property obtained under the administration and disposal of numerous successions.
The views which I have taken of the subject, brings me to the same conclusion to which the other members of the court have arrived ; ie. that the proceedings of family meetings are not required to be in the Eng-hsh language. Whether in coming to this result, I shall adopt the course of reasoning of either of them, or express myself contented with both or either, is not a matter of importance to the public ; as by this decision the question is to be finally settled, and in such a manner as to relieve the anxiety, afid quiet the fears of many of our fellow citizens, who hold property under titles sanctioned by the proceedings of family meetings in French. I a however of opinion, that the proceedings of a family meeting (which generally takes place out of the presence of the judge, who convokes it,) are not strictly speaking judicial proceedings. I consider them rather as a mode pointed out by law, in pursuance of which a court of probates is to obtain testimony as to the propriety of adjudications to a surviving father or mother, the properly of minors held in common with such saving hand. It is perhaps a mean by which something is substituted for the consent of the co-proprietors, who are of an age which incapacitates them to give any themselves ; considered in other points of view, the deliberations of a family assembly, are not direct judicial proceedings. They are not a peti- . . tion, an answer, or a judgment. 1 hey per-are more analogous to an answer than an^ tjj¡ng ejge jn itnmediate judicial proceedings, but certainly cannot be considered as such. The purpose of an answer is, either to deny or admit the allegations of a petition. In the case of an application made by a surviving father or mother, to have property adjudicated to him or her, which is common between the applicant and minor children; the law makes a denial by presuming that such adjudication would not benefit the minors; and their relations or friends are called on to prove that it would be advantageous, and on this proof the judge orders and decrees. The question is by no means free from doubt, when we consider that the determination of the family meeting is absolutely essential to the adjudication. If the intention of the convention be not clearly expressed by the words of the constitution, if it is to be ascertained by interpretation, I suppose the consideration of public convenience may be legally taken into view, in endeavouring to discover their intention and meaning. The inconvenience to a very large portion of the population of the state, by requiring the pro-eeeding of family meetings to be in English, can not be denied by any one ; nor is it easy to perceive any general benefits which could result from such a requisition. But the words taken in their most extensive signification do not in my opinion include the mere deliberations of the friends of minors, whose property is about to be adjudicated. They make no integral part of the decree of adjudication, although they form the basis on which it is made, like evidence in any other species of suits. They are not necessarily homologated by the decree in such a manner as to become a part of the judgment. In themselves they adjudge nothing ; in this respect they differ from the proceedings of creditors in a con-curso, whose appointment of syndics is identified with the order of homologation.
It is therefore ordered, adjudged and decreed, that the judgment of the court of probates be affirmed with costs.
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CASELAW
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Slang terms for money
Slang terms for money often derive from the appearance and features of banknotes or coins, their values, historical associations or the units of currency concerned. Within a language community, some of the slang terms vary in social, ethnic, economic, and geographic strata but others have become the dominant way of referring to the currency and are regarded as mainstream, acceptable language (for example, "buck" for a dollar or similar currency in various nations including Australia, Canada, New Zealand, South Africa, Nigeria and the United States).
Argentina
In Argentina, among the years and despite many devaluation milestones, the lunfardo managed to persist in time some special nicknames to certain amount of money, not because color or type of the bill but to different meanings and uses.
Senior people above 65 now (previous to baby-boomer generation) used to call "guita" to the coins of low denomination of cents ('centavos'), like 2, 5 or 10 cent coins. So "10 guita" meant 10 cents of peso. Today the cents are still legal but non-existent. The word "guita" in lunfardo is synonym for "money".
During the short period of the "Austral" which replaced the traditional "Peso" monetary bill, after the dictatorship of 1976 (between 1983 and 1990) and in the recent years after year 2.000, people used to call "palo" (stick) to the "million" of australes or pesos, so "2 palos" refers to 2 million pesos.
For the last 20 years or more, after year 1997 at least, and during the government of president Menem, as probably the hiatus of the pre-devaluation era before year 2000, and even today people got used to call "luca" to thousands of pesos, so "5 lucas" it means 5 thousand pesos. Lucas, is a typical masculine name among the X Generation in Argentina.
Then another nickname for the singular peso is "mango", but nobody would call 35.000 "mangos" when they can say 35 "lucas". Also nobody would say 1.000 "lucas" when they can simply say 1 "palo" (1 million pesos)
Current denominations
The five-cent coin is sometimes referred to as "shrapnel" as the smallest remaining coin in value and physical size. This nickname was inherited from one- and two-cent coins when they were abolished in 1996. Similarly related (as is also used in the United Kingdom for pounds), "fivers" and "tenners" are relatively common expressions for five and ten dollars, respectively. "Beer tokens" can relate to any denomination or combination of. This is also in keeping with the reverse, in which "bottle tops" can be used as an expression of holding, offering, or having a low amount of money.
A twenty-dollar note is called a "lobster" or redback because of its red colour.
A fifty-dollar note is also known colloquially as a "pineapple" or the "Big Pineapple" because of its yellow colour.
The $100 note is currently green and is known colloquially as a “watermelon”, but between 1984 and 1996 it was grey, and was called a grey nurse (a type of shark).
Modern polymer Australian notes have multiple nicknames and varying levels of usage dependant on location and socio-economic class. The notes most commonly receive their nicknames from the colour of the denomination. the $5 note is most commonly referred to as a "fiver", but also is sometimes nicknamed a "pink lady", or a "prawn". The $10 note is referred to as a "tenner" or again, less commonly, a "Blue Swimmer", other variations of this nickname exist such as the "blue grenadier", it may also rarely be called a "blue tongue", in reference to the Australian blue-tongue lizard. $20 notes are most often called a "lobbo" or "lobster", due to the red colour. By far the most commonly used slang for a modern Australian note is the $50 denomination, referred to as either a "pineapple", or a "fiddy". The $100 note is less common than the $50 note, and thereby nicknames vary a lot more, the most frequently used is a "watermelon", but is also referred to as a "granny smith" both due to the green colour, a "Bradman", in reference to Australian cricketer's 99.94 batting average by Sir Donald Bradman, or "melba", in reference to the late Australian opera singer on the note.
Australians also use terms such as “bucks” and “dough” for dollars.
In a Simpsons episode set in Australia, one character used the term "dollarydoos", which was later the subject of a failed petition to formally change the name of the Australian dollar.
Former denominations
Pre-decimal currency in Australia had a variety of slang terms for its various denominations. The Australian threepence was referred to as a "trey" or a "trey bit", a name probably derived from old French meaning three. The sixpence was often referred to as a "zack", which was an Australian and New Zealander term referring to a coin of small denomination, probably derived from Zecchino. The term was also used to refer to short prison term such as six months. An Australian shilling, like its British counterpart, was commonly referred to as a "bob", and the florin was consequently known as "two bob". Similarly, one Australian pound was colloquially described as a "quid", "fiddly", or "saucepan", the latter as rhyming slang for "saucepan lid/quid". The five-pound note could be referred to as a "fiver", or its derivatives, "deep sea diver" and "sky diver".
A number of post-decimal denominations which have since been discontinued had their own nicknames. The two-dollar note was known as the "sick sheep" in reference to its green colour and the merino ram that it showed. The paper (first and second series) hundred-dollar note was nicknamed the "grey ghost", "grey nurse", or the "Bradman" in recognition of its proximity to the 99.94 batting average of cricketer Sir Donald Bradman.
Canada
In Canada, the one-dollar coin is known as the loonie. This is because it bears an image of the common loon, a bird.
The two-dollar coin is known as the toonie, a portmanteau combining the number two with loonie. It is occasionally spelled twonie; Canadian newspapers and the Royal Canadian Mint use the toonie spelling.
Similar to the United States, 5 cent coins are called nickels (due to the metal they are made from), 10 cent coins are dimes, 25 cent coins are quarters or two bits. Dollar amounts are all also referred to as bucks.
A five-dollar note is known colloquially as a fin, a fiver, half a sawbuck.
A ten-dollar note is known colloquially as a ten-spot, a dixie, a sawbuck, or a tenner.
A one hundred-dollar note is known colloquially as a C-Note or a bill (e.g. $500 is 5 bills).
Discontinued since 2000, the former one thousand-dollar notes were occasionally referred to as "pinkies", because of their distinctive colour.
Since Canadians and Americans both refer to their respective currencies as "the dollar", and because the two countries tend to mingle both socially and in the media, there is a lot of overlap in slang terms for money. However, this usually only extends to terms that are not specific to one country or the other. For example, both Canadians and Americans refer to a $100 note as a C-note, but an American might refer to it as a Benjamin, after its portrait of Benjamin Franklin, while a Canadian might refer to it as a Borden, after its portrait of Robert Borden.
In Canadian French, dollar amounts are often referred to as piasses in the same way that an English speaker would use the words "buck" or "bucks" in informal settings. The word piasse is derived from the word piastre.
Czech Republic
A 5 Czech koruna (CZK) coin is called a bůr in Czech, the CZK 10 coin is called a pětka (lit. 'five'), the CZK 100 note is called a kilo – a reference to the kilogram, the CZK 500 note is called a pětibába (lit. 'five old woman') – a reference to the woman on its face, the CZK 1000 note is called a litr – a reference to the litre, and a sum of one million korunas is called a mega – a reference to the 106 SI unit prefix. If someone has a large amount of money, but the exact amount is not known, people say je ve vatě (lit. 'he is in cotton wool') or je v balíku (lit. 'he is in a package').
Eurozone
Since its introduction in 1999, a number of slang terms for the euro have emerged, though differences between languages mean that they are not common across the whole of the eurozone. Some terms are inherited from the legacy currencies, such as quid from the Irish pound and various translations of fiver or tenner being used for notes. The German Teuro is a play on the word teuer, meaning 'expensive'. The Deutsche Mark by comparison was approximately worth half as much as the euro (at a ratio of 1.95583:1) and some grocers and restaurants have been accused of taking advantage of the smaller numbers to increase their actual prices with the changeover by rounding to 2:1, in Portugal the same has happened and usually use the term "Aéreo" with the meaning of "Aéreal", the currency that flies away. In Flanders the lower value copper coins are known as koper (copper) or rosse (~ginger, referring to the colour). Ege in Finland and Pavo (which is the usual Spanish translation of buck on movies or TV shows when it refers to dollars) in Spain are also terms applied to the euro.
India
In India slang names for coins are more common than the currency notes. For 5 paisa (100 paisa is equal to 1 Indian rupee) it is panji. A 10 paisa coin is called dassi and for 20 paisa it is bissi. A 25 paisa coin is called chavanni (equal to 4 annas) and 50 paisa is athanni (8 annas). However, in recent years, due to inflation, the use of these small value coins has declined, and so has the use of these slang terms.
Indonesia
In Indonesia, official term for money is uang, while the currency is rupiah (Rp). The common slang terms for money in Indonesia is called duit, which usually refer to paper money; and perak (from silver) for coin.
Apart from all that, there is cuan from Hokkien language brought by Chinese Indonesians ethnic group, which becomes more popular since the 2010s. However, before that there are Hokkien term for nominal money since the 20th century as follows:
Rp50: gocap; in coin (50 perak).
Rp100: cepek; in coin (100 perak).
Rp500: gopek; in coin (500 perak).
Rp1,000: seceng or ceceng; in coin (1000 perak).
Rp2,000: noceng.
Rp5,000: goceng.
Rp10,000: ceban.
Rp50,000: goban.
Rp100,000: cepekceng.
Rp500,000: gopekceng.
Rp1,000,000: cetiao.
Rp5,000,000: gotiao.
Kenya
In Kenya there are about 42 different languages, which have different dialects and indigenous names for money, in addition to the official National languages of Swahili and English. In English, Kenyan currency is a Shilling while in Swahili it is "Shilingi". (Indeed, all East African countries refer to their money as Shillings.)
Other notable names include:
In addition, youth have a sub-culture street language for the different denominations. Using the street slang (sheng), urbanites often amalgamate Swahili, English, and their mother-tongue to concoct meanings and names for the different denominations. Among the commonly used terms are:
In writing, money is denoted by "Kshs" before or the slang notation "/=" after. For examples, Kshs.1.00 is one-bob, whereas 5,000/= is five-Kei.
Corruption is rampant in the Kenyan government, and corrupt officials in government agencies often refer to illicit kickbacks as "chickens" to avoid anti-corruption and money laundering enforcement.
Malaysia
States in Malaysia have different terms for money. Normally, "cents" are called "sen", but in the northern region (Penang, Kedah, Perlis) one "kupang" is 10 sen, thus 50 sen is "5 kupang". "duit" (pronounce "do it") means "money", such as in "Saya tiada wang" ("I have no money").
In the East Coast Region (Kelantan, Terengganu, Pahang), "50 sen" is replaced with "samah" (where "se" refer to one in Malay). RM 1 (100 sen) is called "seya" ("dua" is two in Malay), and so on.
In Kelantan, "ringgit" is called "riyal". For example, RM 10 (10 ringgit) is called "10 riyal" in Kelantan.
In olden days, RM 10 was called "Red Tiger" because there was a watermark of tiger in a red tone on the RM 10 notes.
Mexico
The mexican coin is called peso 0.5 MXN coin is called toston 10 MXN coin is called Diego 20 MXN bill is called Benito or Beny 200 MXN bill is called Juana 1000 MXN bill is called Miguelito
In general, money is referred to as "lana" (wool), "varo" or "feria" (change).
Netherlands
* Netherlands slang (straattaal = "street language")
5 cents : centoe, kleingeld, stuiver (in Amsterdam "bijssie")
10 cents: dubbeltje (double stuiver), "duppie"
25 cents: kwartje (a quarter of a guilder) (in Amsterdam "heitje")
1 euro : uru, djara, ballen (plural), e, ekkie, eu, eccie, pop (Previously when it was 1 Guilder – "piek")
2.5 Guilders: rijksdaalder (in Amsterdam "knaak")
5 euro: lotto, vijfje ("fiver")
10 euro: donnie, tientje ("tenner"), joet (after yodh, the tenth letter in the Hebrew alphabet) – (in Amsterdam "joet")
25 euro: twaja donnie, geeltje ("yellow one", the former guilder banknote used to be yellow from 1861 until 1909) There is no 25 Euro bill; only a 20 Euro)
50 euro: bankoe
100 euro: barkie, meier (after mea, Hebrew for 100), mud (unit of volume, derived from Latin modius; used to be 100 litres after 1820), snip (the old guilder banknote once had a snipe on it)
1000 euro: doezoe, mille (from French word for thousand), rooie/rooie rug/rug ("red one, red back, back", the former guilder banknote once had a red backside), kop ("head")
100,000 euro: ton
1,000,000 euro: milli
1,000,000,000 euro: billi
1,000,000,000,000 euro: trill, trilly
1,000,000,000,000,000 euro: gerro/gerry
New Zealand
In New Zealand one dollar and two dollar coins are often referred to as "gold coins". This presumably comes from the term "gold coin donation", which is widely used in New Zealand in schools on days such as mufti day and in a Koha.
Much like their use in other countries, the terms "Fiver", "Tenner", "Fiddy", and "Hundo" are used for a five dollar, ten dollar, fifty dollar, and hundred dollar notes respectively.
Russia
General money slang
Generally slang terms for money are following:
"b′abki" — from Czech small anvil for making coins ("b′abka", pl. "b′abki"). Alternatively, the term may be derived from the literal meaning ("grandmas") and refer to the image of Catherine the Great on imperial 100 rouble banknotes.
"babl′o" — slang from "b′abki"
"lav′ae" — used since the 1990s, comes from gypsy word "lavae" means silver. Russian writer Victor Pelevin gives an alternative witty consumeristic meaning to this word. In his book "Generation P" he interprets "lav′ae" as a spelled out abbreviation "LV" which stands for liberal values.
"kap′u:sta" — means cabbage
"derevy′anniy" — a general name for a rouble, a substantive adj. "wooden". Means that rouble is cheap as it is made of wood.
Expressions
"strich bablo" — verb "strich" means "to cut", "to trim" money like from the hedge (also "strich kapu:stu", "strich lavae")
"kos′it' babl′o" — "to mow money" (also "kos′it' kap′u:stu", "kos′it' lav′ae"), similar to "trim money"
Both expressions mean to earn money in big amounts (usually refers to illegal ways) or to collect money from someone.
Coins
The Russian language has slang terms for various amounts of money. Slang names of copeck coins derive from old Russian pre-decimal coins and are rarely in use nowadays: an "altyn" is three copecks, a "grivennik" is ten copecks, a "pyatialtynny" ("five-altyns") is fifteen copecks, and a "dvugrivenny" ("two-grivenniks") is 20 copecks. Most of these coins are of Soviet mint and no longer used; only the ten copeck coin remains in circulation.
1 copeck — "kop′eyechka" (diminutive from copeck)
3 copecks — "alt′yn"
10 copecks — "gr′ivennik"
15 copecks — "pyatialt′ynny" ("five-altyns")
20 copecks — "dvugr′ivenny" ("two-grivenniks")
Bills
The word "cherv′onets" means ten rubles and refers to an early 20th-century gold coin of the same name. It is also called "ch′irik" (a diminutive for "cherv′onets"). The words for bank notes from 50 to 1000 rubles are the newest and most modern, since currently (2000s-2010s) bank notes of this value are most common in circulation. 50 rubles are called "polt′innik" (an old word that originally meant 50 copecks), 100 rubles are called "st′ol'nik" (a neologism from the Russian word "sto", meaning "100", not related to the Muscovite office of the same name), 500 rubles are called "pyatih′atka" (lit. "five huts"), "fiol′et" ("violet", because of the note's color), and 1000 rubles are called "sht′u:ka" (means "item", "pack" — 1990-s slang for a pack of bills 100x10RUB or 100x10USD), "kus′ok" ("piece", "pack" — also refers to a 100x10RUB pack); or "kos′ar'" — (form "k′oso" — adv. "aslope") initially refers to a fact that in the 1910–20s the number "1000" was printed on the note at 45°. The word "kos′ar'" (homonymic meaning is "mower") can also be referred to another money slang expression "kos′it' babl′o" — "to mow money" — to earn money in big amounts (usually refers to illegal ways).
10 RUB — "cherv′onets" (from Slav. "cherv′oniy" — red, refer to a colour the note was in Soviet times), "ch′irik" (a diminutive for chervonets)
50 RUB — "polt′innik" (substantive from "five-altyns")
100 RUB — "stol'nik", "s′o:tka", "sot′el" (informal substantives from "sto" — one hundred)
500 RUB — "pyatis′otka"(substantive from "pyat's′ot" — five hundred), "pyatih′utka" (lit. "five huts")", "fiol′et" ("violet" refers to a note colour), "pieh'ota" (derivative from "pyat's'ot" with original word meaning infantry)
1000 RUB — "sht′u:ka", "shtu:k′ar'" ("item", "pack" — 1990-s slang for a pack of bills 100x10RUB or 100x10USD)", "kus′ok" ("piece", "pack" — also refers to a 100x10RUB pack); "kos′ar'" ("slopped"), "rubl'"
5000 RUB – "pit′orka", "pit′ora" ("a fiver"), "pyat' shtuk" (five packs, five packs of 100x10RUB), "pyat' kosar′ey", "pyat' kusk′o:v", "pyat' rubl'ey"
Slang words for greater amounts of money originate from the 1990s and the Russian Civil War eras, when the ruble was suffering hyperinflation. For a million rubles the most common are "limon" (lemon), "lyam" (short from "limon") and for a billion "arbuz" (watermelon). Word "limon" appeared in the 1990s when rouble lost its value.
1 000 000 RUB — "lim′o:n" (lemon), "lyam" (short from "limon")
1 000 000 000 RUB — "yard" (milliard), "arb′u:z" (watermelon)
Slovakia
From 1993 to 2008, Slovakia used its own currency, slovenská koruna (Slovak crown), instead of Euro. During this period, slang words for greater amounts of money were established, including "kilo" (slang for kilogram) for one hundred crowns, "liter" (liter) for one thousand crowns and "melón" (melon) for one million crowns. These slang words are still used after 2008, albeit less frequently.
South Africa
Decimal currency was introduced in 1961, when the South African pound, previously based on the United Kingdom currency, was replaced by the rand (symbol R) at the rate of 2 rand to 1 pound, or 10 shillings to the rand. Thus the United Kingdom term "bob" for a shilling equates to 10 cents.
South African slang for various amounts of money borrows many terms from the rest of the English speaking world, such as the word "grand" when referring to R1,000. Other words are unique to South Africa, such as the term "choc" when referring to a R20 note. One "bar" refers to an amount of R1,000,000.
Among the English speaking communities "Bucks" is commonly used to refer to Rands (South African Currency). Less commonly used is the Afrikaans slang for Rands which is "Bokke", the plural of Bok; The Afrikaans word for antelope ("Bucks" being the English equivalent), derived from the Springbok image on the old R 1 coin. e.g. R 100 = 100 Bucks/Bokke, R 5 = 5 Bucks/Bokke etc.
Sweden
In Sweden money in general is colloquially referred to by the words stålar, kosing, deg ("dough") or older klöver ("clover") and the English loanword cash. With Rinkeby Swedish and the Swedish hip hop scene para has been introduced. It is a loanword from Serbo-Croat-Bosnian and Turkish, originating from the Ottoman currency para. Slang terms for the Swedish krona in use today include spänn and bagis. Riksdaler (referring riksdaler, the former Swedish currency) is still used as a colloquial term for the krona in Sweden. A 20-kronor banknote is sometimes called selma, referring to the portrait of Selma Lagerlöf on the older version of the note.
United Kingdom
Ready money (i.e. cash) has been referred to in the United Kingdom as "dosh" since at least 1953; Brewer equates this term with "paying through the nose", dosh being a Russian-Jewish prefix referring to the nose, that is, paying in cash. The phrase "ready money" has also given rise to the far more popular "readies", though there is debate as to whether this is an obvious reference to the availability of the currency or the red and white colour of the British ten shilling Treasury note of 1914. The related term "cash on the nail" is said to refer to 17th century trading stands in Bristol and elsewhere, over which deals were done and cash changed hands. Other general terms for money include "bread" (Cockney rhyming slang 'bread & honey', money; this also became dough, by derivation from the same root), "cabbage", "clam", "milk", "dosh", "dough", "shillings", "frogskins", "notes", "ducats", "loot", "bones", "bar", "coin", "folding stuff", "honk", "lampshade", "lolly", "lucre"/"filthy lucre", “bread”, “p”, "moola/moolah", "mazuma", "paper", "scratch", "readies", "rhino" (Thieves' cant), "spondulicks/spondoolic(k)s/spondulix/spondoolies" and "wonga".
Quid (singular and plural) is used for pound sterling or £, in British slang. It is thought to derive from the Latin phrase "quid pro quo". A pound (£1) may also be referred to as a "nicker" or "nugget" (rarer). Some other pre-decimal United Kingdom coins or denominations became commonly known by colloquial and slang terms, perhaps the most well known being "bob" for a shilling. A farthing was a "mag", three farthings was "the sun, moon and stars" (three far things...), a silver threepence was a "joey" and the later nickel-brass threepence was called a "thruppenny bit" (, or ); a sixpence was a "tanner", the two-shilling coin or florin was a "two-bob bit", the two shillings and sixpence coin or half-crown was a "half dollar" and the crown was a "dollar". Slang terms are not generally used for the decimal coins that replaced them but in some parts of the country, "bob" continues to represent one-twentieth of a pound, that is five new pence and two bob is 10p. For all denominations "p" is used for pence.
In the United Kingdom the term "shrapnel" may be used for an inconvenient pocketful of change because of the association with a shrapnel shell and "wad", "wedge" or "wodge" for a bundle of banknotes, with "tightwad" a derogatory term for someone who is reluctant to spend money. Similar to "shrapnel" the use of "washers" in Scotland denotes a quantity of low value coinage. Quantities of UK 1p and 2p coins may be referred to as "Copper", 5p, 10p, 20p, and 50p coins as "Silver" and £1 and £2 coins as "Bronze" due to their colour and apparent base metal type. "Brass" is northern English slang for any amount of money.
The one pound note, while still in circulation in Scotland, was occasionally referred to as a "Sheet" and thus the ten shilling note as a "Half Sheet". More commonly the ten shilling note was a "ten bob note" or, in London, "half a bar". "As bent as a nine bob note" is or was a common colloquial phrase used to describe something or someone crooked or counterfeit, or alternatively (and now considered offensive) a gay man who is extremely camp.
In pub culture five and ten pound notes are sometimes called "blue beer tokens" and "brown beer tokens" respectively.
Many of the following are largely obsolete, or otherwise not in common use.
£5 is commonly called a "fiver", and more rarely a "Lady" (short for "Lady Godiva") due to rhyming slang or a "Deep Sea Diver" or a "Winston" from the image of Winston Churchill on the back of the new note introduced in 2016 £10 is commonly known as a "tenner" or, more uncommonly, a "Darwin", due to the image of Charles Darwin on the back (issued from 7 November 2000 and withdrawn from circulation on 1 March 2018). Other terms used are a "Cockle" from Cock and Hen — ten and "Ayrton", from Ayrton Senna i.e. tenner. £15 is sometimes referred to as a Commodore as it is worth three "Ladies" (see above) after The Commodores song Three Times a Lady. £20 is sometimes referred to as a "score", although strictly this is not a slang term for money, as 'score' is a normal word for twenty. £20 is sometimes known as a "Bobby" from Bobby Moore (rhymes with score). £25 is known as a "pony". £50 is known as a "bullseye" (from the points value of the bullseye on a darts board). £100 is sometimes referred to as a "ton" e.g. £400 would be called 4 ton. Also, a "century" or a "bill" have been used for this value. £500 is known as a "monkey" £1,000 is commonly referred to as a grand, e.g., £4,000 would be called 4 grand, or rarely in certain dialects as a "bag" (from the rhyming slang "Bag of Sand"). In some cases, £1,000 is known as one large, i,e., £10,000 would be ten large. £2,000 has been known as an Archer, having been coined by Rik Mayall's character Alan B'stard in TV comedy The New Statesman.
In recent years, many dialects have opted to use other terms for large amounts of money. £100 is commonly known as a bag. £1,000 is commonly known as a rack. However, it is not out of the question that these definitions could be switched around. Context matters greatly in UK Slang.
A "oner" (one-er) has referred to various amounts from one shilling to a pound, to now meaning £100 or £1,000, and a "big one" denoting £1,000. A "oncer" referred particularly to a one-pound note, now defunct.
In London financial culture, a billion pounds or, more often, US dollars, is referred to as a 'yard'. This derives from the old British English word for a thousand million, a milliard, which has now been replaced by the 'short scale' name 'billion' from US English. The term 'million' for a million pounds or dollars is often dropped when it is clear from context. E.g. "He made three quid last year" would mean "He earned three million pounds".
United States
Common slang terms for money in general: • bacon
• bones
• bag
• big ones
• bills
• bucks
• bread
• cabbage
• cake
• cheddar
• cheese
• chicken
• coin
• cream
• dough
• greenbacks
• green
• guap
• guala
• loot
• paper
• scratch
• scrilla
• stash
• wad
• ziti
Common slang terms specifically denoting $1,000 U.S. Dollars: • G (shortened form of "grand")
• grand
• K (from kilo; typically prefixed with a number ≥ 2, e.g. 50K, which would equal $50,000)
• large (typically prefixed with a number ≥ 2, e.g. 10 large, equalling $10,000 )
• rack (from American casinos, where $1,000 worth of chips would be given/transported in a carrying rack)
Older-fashioned, but still widely known terms: • beans
• celery
• chips
• clams
• doubloons
• ducats
• grease
• lettuce
• moolah
• salad
• semolians
• spondulix
• sour cream
• smackers
• smackeroos
• smackeroonies
• tamales
• tender
U.S. coinage nicknames reflect their value, composition and tradition.
* The one-cent coin ($0.01 or 1¢) is commonly called a penny due to historical comparison with the British penny. Older U.S. pennies, prior to 1982, are sometimes called "coppers" due to being made of 95% copper. Pennies dated 1909–1958, displaying wheat stalks on the reverse, are sometimes called "wheaties" or "wheat-backs", while 1943 steel wheat cents are sometimes nicknamed "steelies".
* The five-cent coin ($0.05 or 5¢) is commonly called a nickel due to being made of 25% nickel since 1866. Nickels minted between 1942 and 1945 are nicknamed 'war nickels' owing to their different metal content, removing the nickel for a mixture of silver, copper and manganese.
* The dime coin ($0.10 or 10¢) is worth ten cents.
* The quarter coin ($0.25 or 25¢) is worth twenty-five cents. A quarter used to be called two-bits (see below), but this is falling out of use.
* The half ($0.50 or 50¢) is worth fifty cents.
Dimes and quarters used to be sometimes collectively referred to as "silver" due to their historic composition of 90% silver prior to 1965.
A bit is an antiquated term equal to one eighth of a dollar or $12 1/2$ cents, after the Spanish 8-Real "piece of eight" coin on which the U.S. dollar was initially based. So "two bits" is twenty-five cents; similarly, "four bits" is fifty cents. More rare are "six bits" (75 cents) and "eight bits" meaning a dollar. These are commonly referred to as two-bit, four-bit, six-bit and eight-bit.
U.S. banknote nicknames reflect their values (such as five, twenty, etc.), the subjects depicted on them and their color.
* $1 bill is sometimes called a "single", a "buck", a "simoleon" or rarely an "ace". The dollar has also been referred to as a "bean" or "bone" (e.g. twenty bones is equal to $20).
* $2 bill is sometimes referred to as a "deuce".
* $5 bill has been referred to as an "Abe", "fin", "fiver" or "five-spot".
* $10 bill is a "sawbuck", a "ten-spot", or a "Hamilton".
* $20 bill as a "Jackson", or a "dub", or a "double sawbuck".
* Among horse-race gamblers, the $50 bill is called a "frog" and is considered unlucky. It is sometimes referred to as a "Grant".
* $100 bill is occasionally a "band" or "C-note" (C being the Roman numeral for 100, from the Latin word centum) or "century note"; it's more commonly referred to as a "Benjamin" or "Benny" (after Benjamin Franklin, who is pictured on the note), or a "yard" (so $300 is "3 yards" and a $50 bill is a "half a yard"). "A stack" is $1,000 in the form of ten $100 bills, banded by a bank or otherwise.
* Amounts above 1000 US dollars are occasionally referred to as "large" ("twenty large" being $20,000, etc.). In slang, a thousand dollars may also be referred to as a "grand" or "G", "K" (as in kilo), or less commonly a "stack", a "bozo", as well as a "band" . For example, "The repairs to my car cost me a couple grand" or "The repairs to my car cost me a couple [of] stacks".
* 1,000 US dollars is called a "rack", or rarely, a "d-note".
* 10,000 US dollars is called a "stack".
* 100,000 US dollars is called a "brick" or a "honey bun".
Banknotes may be collectively referred to as "dead Presidents", although neither Alexander Hamilton ($10) nor Benjamin Franklin ($100) was President. These are also referred to as "wallet-sized portraits of Presidents" – referring to the fact that people typically carry pictures in their wallets.
"Greenback" originally applied specifically to the 19th century Demand Note dollars created by Abraham Lincoln to finance the costs of the American Civil War for the North. The original note was printed in black and green on the back side. It is still used to refer to the U.S. dollar (but not to the dollars of other countries).
Other more general terms for money, not specifically linked to actual banknotes:
* Monetary units larger than 1 dollar are often referred to by the names of their coin counterparts: $5 is a "nickel", $10 is a "dime", and $25 is a "quarter".
* A one hundred dollar bill can also be called a buck, or a "dollar", but since a buck is also used for one dollar, the context needs to be clear (this continues the pattern of referring to values by the coin counterpart).
* A "hoka" is used to express a large sum of money, usually between ten thousand and fifty thousand dollars.
* A million dollars is sometimes called a "closet" or a "rock", popularized by several TV shows and movies. On The Sopranos: in one episode Tony Soprano states, "So adjusting for inflation I'm looking at half a rock?" In a separate episode, Soprano states: "This whole thing is going to cost me close to a rock." Another slang term for a million dollars is an "M", as used in rap songs. Financial institutions and applications will often use "MM" when writing shorthand for a million dollars, as a million is the product of the Roman numeral "M" (1000) times itself. More common usage is a "mil".
* A "yard" is a financial term for one billion dollars, deriving from the French word of the same meaning, "milliard", pronounced 'meel-yard'.
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WIKI
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Mills fill the bill as Spurs top Clippers - tribunedigital-chicagotribune
Mills fill the bill as Spurs top Clippers LOS ANGELES -- With injured San Antonio Spurs point guard Tony Parker sitting out Tuesday night, Patty Mills filled the void in a big way. Mills fill the bill as Spurs top Clippers LOS ANGELES -- With injured San Antonio Spurs point guard Tony Parker sitting out Tuesday night, Patty Mills filled the void in a big way. Mills came off the bench to score 16 of his 25 points in the fourth quarter, and the Spurs defeated the Los Angeles Clippers 113-103 at Staples Center. He killed us, I mean really, Clippers coach Doc Rivers said. We started blitzing, and even then he made shots. I don't know if Parker could've been much better, when you look at it. He played terrific. The Spurs (39-15) snapped a three-game winning streak by the Clippers (37-19) and handed Los Angeles a rare home defeat. Los Angeles is 23-5 at Staples. San Antonio has the NBA's best road mark, 21-7. (Mills) was great for us, said forward Tim Duncan, who finished with 19 points, 13 rebounds and seven assists. That fourth quarter there, he took over for five minutes and gave us the lead that we needed. We were struggling trying to find points and trying to keep the pressure on. He just took the ballgame over. It was great for us and a great stretch for him. Mills connected on nine of 15 shots from the floor. He also had five rebounds and five assists. Guard Marco Belinelli added 20 points, and forward Danny Green chipped in 14 points. Mills outscored the entire Clippers' bench, which accounted for 20 points. You can't replace a Tony Parker, that's for sure, said Mills, who shot 6-for-8 from the field in the final period, hitting two 3-pointers. It's collectively, doing the job collectively, and I think that's what we (did) tonight. We (threw) the ball around like a hot potato and found open shooters. That opened stuff up in the lane. Forward Blake Griffin led the Clippers with 35 points and 12 rebounds, while guard Jamal Crawford finished with 25 points. Chris Paul scored 11 points and handed out nine assists, but the point guard missed nine of his 10 shots from the field. Center DeAndre Jordan added 18 rebounds and six blocks. Despite his performance, Griffin said he was weary from all of the activities and playing at last weekend's All-Star Game in New Orleans. Don't quite have the legs. Not feeling refreshed, said Griffin, who topped 6,000 points in his career in the first half, becoming the eighth active player to do so before the end of his fourth season. It happens to a lot of guys. It's not an excuse, and I don't want to act like it is. We just have to find a way to be better. The Spurs took an 86-76 lead on a jumper by Mills less than two minutes into the fourth quarter. Mills' 3-pointer with 8:46 left pushed the advantage to 93-81. Los Angeles cut the lead to six on a Crawford trey with 5:17 remaining, but they got no closer as Mills and the Spurs pulled away. I think everybody tonight was great, Belinelli said. Patty Mills was fantastic in the fourth quarter. The Spurs converted nine of 20 attempts from behind the arc, with Belinelli hitting three of six. The Clippers made only six of 21 from 3-point range. San Antonio also outrebounded the Clippers 48-38. San Antonio took a 56-51 lead at the break, ending the half on a 14-3 run. The clubs split their previous meetings, with Los Angeles rolling to a 115-92 victory on Dec. 16 and the Spurs coasting to a 116-92 win on Jan. 4. That was the Clippers' worst defeat this season. NOTES: After former coach George Karl said on ESPN he heard this might be the final season for Tim Duncan, the Spurs power forward shot down the speculation. I don't know what I'm going to do, so I don't know how he knows what I'm going to do, Duncan said. . ... San Antonio PG Tony Parker, who played 11 minutes in Sunday's NBA All-Star Game, is out indefinitely with a variety of injuries. Popovich, who said the wear and tear of the past three seasons took a toll on Parker, wouldn't speculate when the All-Star would return. ... San Antonio F Kawhi Leonard, out since Jan. 22 with a non-displaced fracture in his right hand, performed shooting drills before the contest but isn't expected to play during the final two games of the road trip. ... Clippers coach Doc Rivers said he doesn't know when G J.J. Redick, who has a bulging disk, will return. I guess the word would be (when it) calms down so he can get his movement, Rivers said. That could be three days, two weeks, three weeks, no one knows.
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NEWS-MULTISOURCE
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IPL Skin Rejuvenation: Why All The Fuss?
Since ancient times, women are looking for ways to maintain their skin in good condition. Glowing and healthy skin is considered as one of the most important things that make a woman beautiful. For this reason women use remedies made of natural ingredients such as: eggs, milk, honey and some fruits and vegetables.
Every women dreams for young, healthy and beautiful skin. Luckily, today we don’t have to spend time for making experimental remedies, since there are various methods that provide long term results.
One of the most popular skin rejuvenation treatments that raised up a fuss among both men and women in Australia is the IPL skin rejuvenation. Read bellow and learn more about this highly effective skin treatment.
IPL-Skin-procedure
What Is IPL Skin Rejuvenation?
Intense Pulsed Light (IPL) skin rejuvenation is a modern skin therapy based on using highly pinpointed lasers. The purpose of this laser therapy is correcting skin issues. This modern method is becoming very popular in Australia, because of the amazing effects it provides in dealing with skin conditions such as: redness, sun spots, freckles, broken veins or capillaries.
Why All The Fuss About IPL Skin Rejuvenation?
Although it’s easy to understand why all the fuss about IPL skin rejuvenation, let’s sum up the reasons why this treatment is becoming more and more popular. This ultra modern technology successfully helps in:
• Treating broken capillaries and veins;
• Reducing redness on the skin caused by broken veins and capillaries and other extrinsic factors;
• Removing the “spider veins”, which can be very visible and unpleasant on sight;
• Treating and removing visible skin damages caused by heavy sun exposure;
• Eliminating age spots caused by the so-called “photo-aging” process;
• Achieving even skin colour on different body parts such as: face, neck, arms, hands and chest;
• Treating acne and damages caused by inappropriate acne removing.
How IPL Skin Rejuvenation Is Performed?
Thanks to the newest and modern IPL laser technology, a special spectrum of lights are sent to the selected skin area that needs to be treated. In this way, a broad skin area or just some spots on the skin where damages are visible are treated.
IPL skin rejuvenation is a non-invasive and pain free method that provides amazing results after few treatments. This method can be safely used on different parts of the body, including the face, neck, arms, hands and chest.
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ESSENTIALAI-STEM
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Effect of Dapagliflozin on Renal and Hepatic Glucose Kinetics in T2D and NGT Subjects
Xi Chen, Devjit Tripathy, Robert Chilton, Andrea Hansis-Diarte, Marzieh Salehi, Carolina Solis-Herrera, Eugenio Cersosimo, Ralph A. Defronzo
Producción científica: Articlerevisión exhaustiva
Resumen
Acute and chronic sodium–glucose cotransporter 2 (SGLT-2) inhibition increases endogenous glucose production (EGP). However, the organ—liver versus kidney— responsible for the increase in EGP has not been identi-fied. In this study, 20 subjects with type 2 diabetes (T2D) and 12 subjects with normal glucose tolerance (NGT) received [3-3H]glucose infusion (to measure total EGP) com-bined with arterial and renal vein catheterization and para-aminohippuric acid infusion for determination of renal blood flow. Total EGP, net renal arteriovenous balance, and renal glucose production were measured before and 4 h after dapagliflozin (DAPA) and placebo administration. Following DAPA, EGP increased in both T2D and NGT from baseline to 240 min, while there was a significant time-related decrease after placebo in T2D. Renal glucose production at baseline was <5% of basal EGP in both groups and did not change significantly following DAPA in NGT or T2D. Renal glucose uptake (sum of tissue glucose uptake plus glucosuria) increased in both T2D and NGT following DAPA (P < 0.05 vs. placebo). The increase in renal glucose uptake was entirely explained by the increase in glucosuria. A single dose of DAPA significantly increased EGP, which primarily is explained by an increase in hepatic glucose production, establishing the existence of a novel renal-hepatic axis.
Idioma originalEnglish (US)
Páginas (desde-hasta)896-902
Número de páginas7
PublicaciónDiabetes
Volumen73
N.º6
DOI
EstadoPublished - jun 2024
Publicado de forma externa
ASJC Scopus subject areas
• Internal Medicine
• Endocrinology, Diabetes and Metabolism
Huella
Profundice en los temas de investigación de 'Effect of Dapagliflozin on Renal and Hepatic Glucose Kinetics in T2D and NGT Subjects'. En conjunto forman una huella única.
Citar esto
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ESSENTIALAI-STEM
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Wikipedia:Suspected sock puppets/I Hate CAPTCHAS
User:I Hate CAPTCHAS
* Suspected sockpuppeteer
* Suspected sockpuppets
* Report submission by
Libro0 (talk) 01:04, 28 April 2008 (UTC)
Identical revision to 1980 Topps, 1981 Topps, 1982 Topps, 1983 Topps, 1984 Topps, 1970s Topps et.al.
* Evidence
I have tried to engage in dialog with this user. Yet their only action is to remain stubborn and unwilling to comply with wikipedia standards. Insists on reverting to bad grammar and diction in articles. — Preceding unsigned comment added by Libro0 (talk • contribs)
* Comments
* has also restored the text added by these users. --Snigbrook ( talk ) 02:03, 3 May 2008 (UTC)
* One of the suspected sockpuppets, is also one of the names mentioned in Suspected sock puppets/Bolly Nickers. --Snigbrook ( talk ) 02:12, 3 May 2008 (UTC)
* I would also like to submit this anonymous id as having been used by the above: <IP_ADDRESS>. Libro0 (talk) 19:52, 3 May 2008 (UTC)
* That IP address has now been blocked as a Tor node. --Snigbrook ( talk ) 19:14, 7 May 2008 (UTC)
* Lies. This is all lies as part of Libro0's campaign of harassment and intimidation. Just look at his work as it speaks for itself. --I Hate CAPTCHAS (talk) 14:08, 5 May 2008 (UTC)
* I suspect that User:Libro0 may be a sockpuppet of banned user User:Tecmobowl. The editing pattern is similar. --Baseball Card Guy (talk) 11:49, 7 May 2008 (UTC)
* Your (Baseball Card Guy) edits start May 08 while Tecmobowl was banned in July 07. How exactly do you know about this user if you are new? Libro0 (talk) 12:01, 7 May 2008 (UTC)
A connection with Suspected sock puppets/Bolly Nickers
One thing mentioned in that case is the "delete" !votes in the following AFD discussions: The users with "delete" !votes on both articles all named in the Bolly Nickers sockpuppetry case, with two exceptions: one is who also used "we" instead of "I" in the discussions: a similarity with other users mentioned in that case; the other "delete" in both AFDs was from : note that is listed in both SSP cases, and the only previous edit by I Hate CAPTCHAS in the Wikipedia: namespace is on "Images and media for deletion": is similar to an edit by (in the same discussion): (again the use of the word "we" instead of "I", and that Also We Brief is another user listed in the Bolly Nickers case). Also this edit on WP:ANI:. If Wooly Musher and Also We Brief are socks (see Suspected sock puppets/Bolly Nickers), it is likely that I Hate CAPTCHAS is another. --Snigbrook ( talk ) 19:14, 7 May 2008 (UTC)
* Articles for deletion/List of U.S. railfan jargon
* Articles for deletion/List of UK railfan jargon (3rd nomination)
I believe this user has reverted to sock puppetry to avoid the standard discussion methods for arriving at consensus for article content. — Preceding unsigned comment added by Libro0 (talk • contribs)
* Conclusions
Please see the results of the UserCompare tool.. This provides rather conclusive evidence. Steve Crossin (talk) (review) 04:51, 3 May 2008 (UTC)
* I believe Libro0 has reverted to sock puppetry as part of his scheme of lies and dirty tricks to avoid the standard discussion methods for arriving at consensus for article content. --I Hate CAPTCHAS (talk) 14:39, 7 May 2008 (UTC)
* All blocked indefinitely. GBT/C 19:56, 8 May 2008 (UTC)
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User:Drmies/Which sock was this?
Horror movies and genres: User:Jinnifer
Stupid and insulting BLP cussing: CalebHughes
Little unexplained edits to Miley Cyrus and Britney Spears songs: MileyCyrusLover
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John Kaunda
John Kaunda is a former Zambian goalkeeper who played for Nchanga Rangers in the seventies. He is remembered for saving a penalty against Algeria in 1977 which saw Zambia through to 1978 African Cup of Nations finals.
Career
Kaunda started out as a basketball player and was unknown until Rangers signed him on as a goalkeeper. The tall and solidly built Kaunda then developed into an international class shot stopper and made his debut when Zambia played Algeria in a CAN qualifier in Algiers in June 1977, ahead of regular goalkeeper Vincent Chileshe. Although Zambia lost 2–0, they reversed the score line two weeks later in Lusaka through a Godfrey Chitalu brace.
The match went into sudden death penalties after both sides had scored their first five penalties. Kaiser Kalambo scored Zambia's sixth penalty and then Kaunda pulled off a save against Ighili when he palmed the ball into the post.
He later described his match-winning feat: “After the Algerians had scored their fifth goal, I discovered that they were beating me in a set pattern. They had scored twice to my left and three times to my right so I knew 99.9 per cent that they would shoot to the left. I made up my mind to dive leftwards and for sure, there it was – a decisive save.”
Kaunda later played for KB Davies FC in Chingola.
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WIKI
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Page:A Jewish Interpretation of the Book of Genesis (Morgenstern, 1919, jewishinterpreta00morg).pdf/164
The Book of Genesis
146
by our ancestors and by the world as animating the Jewish
As
people to an unusually high degree.
11
agar,
so
every
Jewish mother, and every Jewish father, too, act, and of such sacrifice for their children they have ever shown themTherefore the expression has become proverselves capable. bial,
"a mother in Israel",
i.
e.,
the true Jewish mother, the
highest type of motherhood the world has ever known. is
indeed something to be ])roud
throughout
of, that
our Jewish mothers and fathers have
set
rich in stories of Jewish
tells
Our
Bible
fathers and Jewish mothers.
It
of Jacob and his undying love for his son Joseph, of
the tender love of the mother of
of
ages
all
before the world
the standard of true motherhood and fatherhood. is
It
Hannah and
Moses
her earnest prayer that
with a child, upon
whom
for her
little
Ood might
baby,
bless her
she might bestow her mother love,
of the old king David, whose love for his son could not be
quenched, his
even
despite
the
aged and trusting father.
latter's
We
heartless
shall
hear
all
treatment
of
these stories
and therefore need not recount them here. However, two stories, told by the rabbis of old, to illustrate how true and undying is a Jewish parent's love, may be related here. They told that when Joseph was sold as a slave, and was being brought down to Egypt, the road led past the tomb of Rachel, his mother, who had died when he was a mere baby. Just opposite the tomb he suddenly broke away from his captors, and ran and threw himself down upon his mother's grave and wej^t bitterly, and called upon her for help, even though he knew that she could not hear. But the rabbis told, and they were very wise and in time,
knew
best, that still she did hear,
for her love for her boy
was not dead. And from out the tomb, it seemed to him, there came words of comfort and cheer, bidding him not despair, for this was all in accordance with (lod's will, and success and blessing were still in store for him. The story is
true; a mother's
love,
at
least,
never
dies.
Long
after
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WIKI
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Hospital pass
"Hospital pass" is a term used in various football codes, including Australian rules football, American football, rugby league, and rugby union, to describe a pass that subjects the recipient to heavy contact, usually unavoidable, from an opposing player — the expression implying that the recipient of the pass could end up in hospital. The term has also been applied to similar passes between teammates in other sports including ice hockey, lacrosse, and ultimate. However, in ice hockey, a play leading to a hospital pass is typically described as a suicide pass.
The phrase hospital pass is now used metaphorically outside of sports.
Rugby league and rugby union
A hospital pass is usually made in an attempt to avoid being tackled. The pass is often made under pressure and without considering the situation of the receiver, who is often stationary and thus presents an easy target. Alternatively, the passer is under little pressure but misreads the play and passes to a player who is already heavily marked and has little time to avoid contact.
Australian rules football
To be considered a hospital pass, the ball is passed with minimal accuracy or timing and likely to result in injury to the receiver due to heavy contact. Hospital passes are typically made by handballing or kicking the ball towards a teammate in a high, looping trajectory or very slowly across the ground. This can enable opponents to contest for possession, resulting in heavy contact that is often, but not always, legitimate. The high, lobbed pass is considered particularly undesirable, because it gives opponents the chance to make very strong tackles, and, as it requires the catcher to raise their arms above their head, leaves their torso unprotected.
American football
One play in American football that often results in a "hospital pass" is a pass thrown high to a receiver, generally one that is running sideways rather than running downfield. The receiver is forced to jump while running at full speed to catch the ball. A defender coming the other way, attempting to tackle the receiver, can cause a collision where both players are moving at full speed and the receiver is unable to move out of the way.
Metaphorical usage
* Cricket: "...when Steve Waugh...handed over the captaincy to Ricky Ponting, he sent down one of sport's great hospital passes."
* Business: "Fyfe denies he was thrown 'hospital pass' "
* Politics: "The big Brown hospital pass..."
* Law: the term is used by barristers to denote a complex or difficult case passed on by a colleague, usually at short notice.
* Brexit: "Ireland is not going to be given a hospital pass."
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WIKI
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Answers for "Why am I getting a SQLCODE = -769 when running DB upgrade scripts for DB2 on zOS?" https://developer.ibm.com/answers/questions/406080/why-am-i-getting-a-sqlcode-769-when-running-db-upg.html The latest answers for the question "Why am I getting a SQLCODE = -769 when running DB upgrade scripts for DB2 on zOS?" Answer by tdeen https://developer.ibm.com/answers/answers/406082/view.html [SQLCODE = -769][1] means that incorrect syntax was used with the CREATE AUXILIARY TABLE statement. In this case you are using non-partitioned tablespace syntax with a partitioned tablespace. For this example if the tablespace containing LSW_SNAPSHOT is partitioned, then it requires that the partitioned syntax be used. To correct this issue, you can modify your upgrade scripts to use the proper syntax for these commands. For commands which require it, add PART 1 to the existing command. For more details on the command syntax see [CREATE AUXILIARY TABLE][2]. For example the following modification can be made: CREATE AUX TABLE CMNBPM.LSW_SNAPSHOT27_LOB <br> IN CMNDBA.WLPZ6901 <BR> STORES CMNBPM.LSW_SNAPSHOT COLUMN ASSETS PART 1; <br> Also note, that if you add PART 1 and are using segmented tablespaces then you would have a similar error. All of the tablespaces created by the product SQL scripts will be segmented tablespaces. So the product scripts are designed to use the proper syntax for segmented tablespaces. For more details on tablespaces, see [Types of DB2 table spaces][3]. BPM does not currently test with UTS PBG tablespaces although it generally should work similar to the segmented tablespaces except for these edge cases where there are some syntax differences between the usage of the two. [1]: https://www.ibm.com/support/knowledgecenter/SSEPEK_11.0.0/codes/src/tpc/n769.html+ [2]: https://www.ibm.com/support/knowledgecenter/en/SSEPEK_11.0.0/sqlref/src/tpc/db2z_sql_createauxiliarytable.html [3]: https://www.ibm.com/support/knowledgecenter/SSEPEK_11.0.0/intro/src/tpc/db2z_typesofdb2tablespaces.html Tue, 10 Oct 2017 18:35:55 GMT tdeen
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ESSENTIALAI-STEM
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What is the decibel level for normal hearing?
The main organ of hearing is the cochlea in the internal ear. Cochlea receives sound waves and transmits them to the brain. It works smoothly in people with normal hearing. The human hearing range is a description of the pitches and stress levels that a person can hear before feeling uncomfortable.
You can purchase the latest hearing aids at a fair price through HearingSol, If you need more information or you have a query about Decibel Level for Normal Hearing or Hearing Loss, just give us a call on +91-9899437202. We are always here to help you.
Decibel level for normal hearing ranges from 0 to 20 decibel. A decibel is a unit of measurement of the loudness of the sound. Normal hearing is important for language development, social communication, gaining new knowledge and responsiveness to environmental sounds.
The word “decibel” comes from “deci” (meaning “one-tenth”). Alexander Graham Bell invented this unit. The frequency describes the pitch of the sound. There is Severe deafness, wherein a person cannot hear loud speech without the usage of hearing aid. It’s important to remember that hearing inability is different for different people and even has different levels.
Pitch and Loudness
The human hearing range depends on the pitch of the sound whether it is low or high. The level of a pitch of the sound is measured in the decibel (dB) and the level of loudness is measured in Hertz (Hz).
For a normal person hearing range starts low about 20 Hz. It is at the lowest pedal. On the other hand, the range of human hearing at the highest possible frequency heard without discomfort is 20,000 Hz. Our hearing is most sensitive at the level between 2000 – 5000 Hz frequency range. While 20 to 2000 Hz forms a human hearing range.
Meaning of “Decibel” and “Hertz”
The volume of sound or a loud sound is determined by the level of pressure. The word “decibel” comes from “deci” (meaning “one-tenth”). Alexander Graham Bell invented this unit. The frequency describes the pitch of the sound. The level of the sound pressure is measured in decibels (dB).
The frequency describes how high the sound pitch is. It is measured in Hz, which is named after the name of the German physicist Heinrich Rudolf Hertz. How many vibrations is frequency per second? For example, 20 Hz means 20 vibrations per second.
The process of normal hearing:
• Normal hearing occurs when sound enters the outer ear, travels through the ear canal and reaches the eardrum
• The eardrum is the start of the middle ear. It vibrates in answer to the sound and this causes vibration in the chain of the three bones in the middle ear.
• This vibration is transferred to the inner ear. The inner ear consists of nerve fibers that receive sound.
• The signal is given by the auditory nerve to the center of the brainstem, which, receives a signal from both ears.
• At last, it is transferred to the auditory cortex from where the brain thinks, it is the place where the signal’s message is understood.
The Hearing loss keeps away the person from learning as well as growth in the language, moreover social and behavioral aspects. Hearing loss can be fundamental or related to illness, injury or drugs. A mild hearing loss may be difficult to notice but, we should not neglect the conflicting effects that it may cause.
Some points related to hearing are…
• Quiet countryside: 20 dB
• Quiet conversation: 40 dB
• Normal conversation: 60 dB
• Traffic: 80 dB
• Industrial noise: 100 dB
• Nearby thunder: 120 dB
• Jet engine: 140 dB
• Sounds louder than 130 dB can cause acute hearing loss.
The list below outlines different decibel levels…
A hearing loss of up to 20 decibels under the hearing threshold is still considered a normal hearing. The more serious hearing loss is serious:
• Moderate hearing loss: 40 to 55 dB higher than normal.
• Moderate-to-severe hearing loss: 55 to 70 dB higher than normal.
• Severe hearing loss: 70 to 90 dB higher than normal.
• Profound loss: 90 dB or more to the animal.
Measurement of Sound
The lowest level of the decibel is 0 at this level we can hear. This is the measurement of the softest sound that our ears can hear. With an increase of 10 decibels, a sound becomes 10 times more intense twice as loud to our ears. By the time when the decibel level reaches about 120 decibels, for example, the sound of a jet engine or ambulance siren, the intensity is 1 trillion times greater than the weakest audible sound.
The decibel levels could be harder for us to exact estimate than distance or volume, many of the hearing organizations have developed helpful points of reference on the decibel scale. The sound of normal breathing is 10 decibels, a soft whisper is 30 decibels, a normal conversation is 60 decibels, and shouting in the ear is 110 decibels. Among common environmental sounds, a refrigerator is 50 decibels, a ringing telephone is 80 decibels, a noisy restaurant is 85 decibels, and a subway is 90 to 115 decibels.
How do we hear?
In order for us to be able to hear a sound at all, it has to be above a certain level. This level name as an auditory threshold or hearing threshold. Humans have a hearing threshold of around 0 decibels. Above this threshold, sounds with higher sound pressure levels are heard as louder noises. Sounds above 90 dB can lead to chronic hearing damage if people are exposed to them every day or all the time. Hearing becomes uncomfortable if the sound pressure level is above 110 decibels (threshold of discomfort), and it becomes painful above 130 decibels (threshold of pain).
The following list shows examples of the volume of familiar noises. Most people perceive a 10-decibel increase in volume to be “twice as loud.”
• Quiet countryside: 20 dB
• Quiet conversation: 40 dB
• Normal conversation: 60 dB
• Traffic: 80 dB
• Industrial noise: 100 dB
• Very loud music, for example at a rock concert or a nightclub: 120 dB
• Nearby thunder: 120 dB
• Jet engine: 140 dB
Sounds louder than 130 dB can cause acute hearing loss.
Why is the hearing bad with age?
As the age of the people increases, their hearing worse is very common. About 25 to 40 people out of 100 of the age of 65 are affected. Half of all people 75 years old and 80% of 80-year-old people are hard to hear.
The exact reasons for age-related hearing loss are not known. Changes in the inner ear and the brain are thought to play a role.
Nowadays, there are various amplifier hearing aids that improve people’s hearing and help them understand the conversation. All these hearing aids filter the background noise. They are adjustable according to the personal needs of their wearer. And they can be worn in the back or in the ears, where they are barely visible.
You can purchase the latest hearing aids at a fair price through HearingSol, If you need more information or you have a query about Decibel Level for Normal Hearing or Hearing Loss, just give us a call on +91-9899437202. We are always here to help you.
To read more:
What is the Decibel level of hearing disabled person?
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ESSENTIALAI-STEM
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Difference Between CPR Training for Children and Infants
Robert E. O ’Connor of the University of Virginia school of medicine researched Cardiopulmonary Resuscitation in Infants and Children in which the results showed a worrying trend. The rates of mortality among infants and children who have been exposed to cardiac arrest while outside the hospital stood at 80 to 97% against 40 to 65% for those in the hospital.
Whilst the search engine is registering an increase in online CPR certification near me searches, there is still the need for certified CPR practitioners especially for children and infants. The physical-biological characteristics and natural habits put children and infants at a greater need for CPR.
What is CPR training?
CPR training is a procedure that is taught to provide first aid services to patients suffering from cardiac arrest and air blockage as a way of saving a life. Children and infants have a higher rate of survival if CPR is executed immediately.
Adults, children and infants have different needs when it comes to the execution of CPR. This is because of the variation of development when it comes to physiologists and structure which leads to the use of different techniques. Proper care has to be monitored when undertaking CPR training for children as using the wrong technique may cause more harm to infants and children rather than helping them.
CPR Training for Kids (Infants)
CPR training for Infants - CPR Select
Undergoing CPR training for kids is important because more than 50% of the children in need of CPR tend to be younger than 1 year with more than 6% requiring it at delivery especially if the weight is 1.5 kg or below.
The techniques used on infants during CPR training for kids takes into consideration the fragile and delicate physiological aspects of an infant. The procedure can be summarized as follows:
• Checking the conscious state of the baby
Whether it is a child, adult or infant, a CPR practitioner is required to check the conscious state of the victim before the CPR. Determining the conscious state can be achieved by taping on the shoulder or shaking the victim which is not advisable for the infants.
For infants, give a light and gentle stroke or taping the soles of the foot and watch for reactions, movement or response.
• The CPR procedure first before 911 Call
Most certified trainers assigned to you during CPR training for children will tell you that if you are caught between calling for emergency response and performing a CPR, you are to start the CPR immediately. This is because the chances of survival in children are increased by 70% when the CPR is performed as soon as the cardiac arrest occurs. In case there is a second party within the vicinity, then an emergency call and CPR can be done simultaneously.
• Confirming the pulse
Unlike for children and adults where the pulse is checked using a carotid artery, for infants we use the brachial artery. Checking for the pulse of an infant requires you to feel the inside of the upper arm. This where the brachial artery is found.
• Provision of rescue breathes
Infants have very fragile and small airwaves which makes their blockage easy. A lot of care has to also be taken when tilting the headed to avoid tilting it too far as it can block rather than clear the airwaves. When executing rescue breaths, put the child in a ‘sniffer’s position’ (tilt the head backwards in a way that the child appears to be sniffing the air). Be very gentle with every move and breath. Ensure that only the cheeks are used rather than the entirety of the lungs.
• Execution of compressions
Given the fragility and size of the babies, only two fingers placed at the center of the chest and gentle compressions executed. The compressions should be 1-1 ½ inches with a frequency of 2 breaths per 30 compressions.
CPR Training for Children
CPR Training for Children - CPR Select
The child tends to have fragile physiological aspects with an even more flexible bone structure. This means that the bones are more likely to bend whereas those of an adult will break. More physiological differences include a larger tongue as compared to the size of the mouth and narrower airwaves. If you combine these traits with the likelihood of them introducing foreign objects in the air tracks, we get a high percentage chance of children needing CPR more than adults.
More adults are encouraged to undertake online CPR certification to ensure that they are in a position to execute a proper CPR should the need arise. Most certified organizations provide online CPR training that makes any interested candidate a certified CPR practitioner.
The techniques used on children during CPR training for kids are the same as those used in adults. The procedure can be summarized as follows:
• The CPR procedure first before 911 Call
Just like any other online CPR training and certification classes, the instructions are usually to start performing CPR as soon as they occur before calling for emergency response. This is because, given the reliance of the younger person, the chances of survival in children are increased by 70% when the CPR is performed as soon as the cardiac arrest occurs.
The emergency response call should follow immediately after performing the CPR. The procedure includes five compressions and breathes cycles for approximately 2 minutes.
• Provision of rescue breathes
When providing rescue breaths, care should be taken given the fragility of the airwaves of children. With the head slightly tilted backwards, breathe gently. The head should not, therefore, be tilted too far to the back as it can lead to blockage of airwaves.
• Execution of compressions
The size of the child will determine if one or two hands will be used to provide the compressions. When executing compressions, ensure that the chest compresses to 1 ½ inch because of the size and physiological developments. The compressions for children and adults are the same; this means that for every 30 compressions, 2 breathes are needed.
• The AED Alternative
Should you have AED within the vicinity, then you are advised to use it after five cycles of compression or approximately 2 minutes of performing CPR. The AED can be used together with pediatric pads.
If there has ever been a greater reason to attend online CPR certification, then saving a child’s life should be it. You don’t have to be a medical or pediatric practitioner to learn the skill because accidents like air blockages can occur anywhere especially at home. By acquiring knowledge and skills that will enable you to properly execute CPR on a child or infant, you could save multiple lives.
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ESSENTIALAI-STEM
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p4 print
Print the contents of a depot file revision.
Syntax
p4 print [-a -A -K -o localFile -q -m max --offset offset --size size
-Q charset -B utf8bom -L line-ending] file[revRange] ...
p4 print -U unloadfile ...
Syntax conventions
Description
The p4 print command writes the contents of a depot file to standard output. However, options permit printing only a portion of a file, printing multiple versions of a file, printing multiple files, or printing to an output file.
If a revision range is included, by default, only the highest revision in that range is printed. See Using revision ranges.
Multiple file patterns can be included. All files matching any of the patterns are printed.
Any file in the depot can be printed, subject to permission limitations as granted by p4 protect.
If the file argument does not map through the client view, you must provide it in depot syntax.
By default, the file is written with a header that describes the location of the file in the depot, the revision number of the printed file, and the number of the changelist that the revision was submitted under. To suppress the header, use the -q (quiet) option.
By default, RCS keywords are expanded. To suppress keyword expansion, use the -K (keyword) option.
By default, the local depot is searched for the specified file. If you specify the -U option, the unload depot is searched instead.
Options
-a
For each file, print all revisions within a specified revision range, rather than only the highest revision in the range.
-A
Print files in archive depots.
-K
Suppress RCS keyword expansion. This replaced the -k flag in 2022.1, which is now an alias for -K for backwards compatibility.
-L Allow the line ending of textual files to be explicitly specified as 'unix', 'win', or 'mac'.
-Q Allow the charset for unicode type files to be explicitly specified, overriding the connection's P4CHARSET but not overriding the charset of unicode files with versioned charsets.
-B Override the client-side filesys.utf8bom setting, controlling the presence of the byte-order-mark in utf8 type files.
-m max
Print only the first max files.
--offset bytesToSkip (Optional) Skip the specified number of bytes and only print what follows. Can be used with --size.
--size bytesToPrint (Optional) Print the specified number of bytes from the offset. If --offset is not explicitly set, prints the specified number of bytes from the beginning of the file.
-o localfile
Redirect output to the specified output file (localfile) on the local disk.
This preserves the same file type, attributes, and/or permission bits as the original file (FileSpec) in the depot.
Multiple files can be written by using wildcards in the localFile argument that match wildcards in the depot (FileSpec) argument.
For example:
To print the contents of a directory and directories under that directory, use the ... wildcard:
p4 print -o c:/tmp/main-copy/... //depot/main/...
To print all files that match readme.txt or readme.pdf, you might specify
p4 print -o readme.* //depot/readme.*
-q
Suppress the one-line file header normally added by Helix Core Server.
-U
Look for the specified file or files in the unload depot. Data about an unloaded client, label, or task stream can be printed.
g-opts
See Global options.
Usage Notes
Can File Arguments Use Revision Specifier? Can File Arguments Use Revision Range? Minimal Access Level Required
Yes
Yes
read
• Because most terminals are unable to display UTF16 content, the default behavior of the p4 print command is to return UTF8 content. You can override this behavior by bypassing terminal output entirely and specifying an output file, for example:
p4 print -q -o //depot/file
If your terminal supports UTF16 output, specify standard output as the output file:
p4 print -q -o - //depot/file
• p4 print's file arguments can take a revision range. By default, only the highest revision matched by any particular file is printed (that is, when no range is specified, the implied range is #1,#head, and the highest revision is #head). To print all files in a specified (or implied) range, use the -a option.
• The output of p4 print can be large when called with non-restrictive file arguments. For example, p4 print //depot/... prints the contents of all files in the depot. However, the output can be subject to a maxresults limitation that set in p4 group.
• In many cases, redirecting p4 print's output to a file via your OS shell will suffice.
The -o option is intended for users who require the automatic setting of file type and/or permission bits. This is useful for files such as symbolic links (stored as type symlink), automatically setting the execute bit on UNIX shell scripts stored as type text+x, and files of type apple .
Related Commands
To compare the contents of two depot file revisions
p4 diff2
To compare the contents of an opened file in the client workspace to a depot file revision
p4 diff
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ESSENTIALAI-STEM
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Wikipedia:Reference desk/Archives/Computing/2013 October 19
= October 19 =
Windows 3.1 CPU
Is there a way to add HLT to Windows 3.1 in standard mode (not 386-enhanced mode)? <IP_ADDRESS> (talk) 19:20, 19 October 2013 (UTC)
* It's a privileged (ring 0) instruction. I haven't worked with Win 3.1 for a very long time, but you may have to write a device driver or similarly elevated-privilege module to be able to use this instruction.- gadfium 01:28, 20 October 2013 (UTC)
* I assume you know about WQGHLT, which does what you ask for in 386-enhanced mode. Have you tried DOSIDLE? I am no expert on Windows 3.1 in standard mode, but as far as I understand that should be worth a try. -- da pete 14:06, 20 October 2013 (UTC)
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WIKI
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Swentzel v. Penn Bank. Warner’s Appeal. Hutchinson’s Appeal.
[Marked to be reported.]
Bank directors — Liability—Banks and banking.
Bank directors being gratuitous mandatories, are only liable for fraud, or for such gross negligence as amounts to fraud. If they use the ordinary care which bank directors usually exercise, they will not be liable for misappropriations by the officers of the bank.
Ordinary care — Gross negligence.
In regard to what is ordinary care, regard must be had to the usages of the particular business. If a bank director performed his duties, as such, in the same manner as they were performed by all other directors of all other banks in the same city, it cannot be fairly said that he was guilty of gross negligence.
Presumption as to ordinary care.
Whei’e bank directors have not sought to make any profit not common to all the stockholders, there is a strong presumption that they have brought to the administration of the affairs of the bank, their best judgment and skill.
Circumstances showing ordinary care.
The president of a bank, aided by the cashier and some of the clerks made false entries in the individual ledger, in order to conceal misappropriations of the bank’s funds. By the rules of the bank and of a> large majority of the banks of the same city, the directors were not allowed to see the individual ledger. The other books, all of which were accessible to the directors, were correctly kept. Statements submitted to the directors from time to time, contained nothing to arouse their suspicions. After the suspension of the bank the directors raised a large sum of money on their individual credit to enable the bank to resume. Held, that under such circumstances, they should not be held liable for the fraud of the' other officers.
Withdrawal of deposit by director — Partnership.
Where a director acting upon information obtained in his confidential relation with the bank withdraws on the day of the suspension of the bank the deposit of a partnership of which he is a member, he will be ordered to repay it.
Costs in equity- — Discretion of court.
Under the circumstances of this ease, the defendants having vindicated themselves from the charges made against them, the Supreme Court will relieve them from the costs imposed upon them by the court below, although the imposition of the costs was within the sound discretion of the lower court.
Argued Nov. 10, 1891.
Appeals, Nos. 289, 295, Oct. T., 1891, by Henry Warner, assignee, A. A. Hutchinson and Thomas Hare, from a decree of C. P. No. 2 of Allegheny Co., July T., 1884, Nos. 304 and 380, on a bill in equity.
Before Paxson, C. J., Sterrett, Green, Williams and Mitchell, JJ.
E. W. Swentzel, Elias J. Unger and other creditors of the Penn Bank filed two bills in equity against the Penn Bank and Henry Warner, its assignee, W. N. Riddle, president, and Geo. B. Gordon,his assignee ; P. B. Laughlin, vice-president; G. L. Reiber, cashier; James Herdman, James H. Hopkins, D. W. C. Carroll, T. Brent Swearingen, Samuel Severance, Philip Reymer, Tho'mas Hare, George C. Davis, Prank Rahm, A. W. Cavitt, A. A. Hutchinson and J. 0. Brown, directors of the bank.
The bill averred that the Penn Bank incorporated to do a banking and insurance business, began a general banking business in the city of Pittsburgh in 1873, and continued said business until May 21,1884, when it suspended payment; that for more than one year prior to May 21, 1884, the bank had been insolvent, which fact was known to, or ought to have been known to its officers and directors; that the officers and directors of the bank for several years before the suspension published statements showing that the bank was solvent and prosperous, but that such statements were false; that the directors of the bank carelessly and negligently permitted the president, cashier and some of the directors to use the funds of the bank in the illegitimate and hazardous business of gambling in oil; that within two years before the suspension of the bank its officers and directors permitted a large portion of the funds and moneys thereof, to be cheeked out and withdrawn in the names of fictitious persons and firms; that, after the suspension of the bank on May 21, 1884, the defendants caused false statements to be published concerning its condition, which statements the complainants relied upon, and increased their deposits, but that the bank was then utterly insolvent, and' that it finally suspended payment on Maj*- 26,1884; that after it was ascertained that the bank must finally suspend payment, the defendants permitted some of the directors to take and apply to their own use large sums of money then in the bank.
The bill prayed that the officers and directors be decreed to pay to the complainants all moneys lost by reason of the defendants’ carelessness, negligence and fraudulent management; that it be decreed that J. 0. Brown, Samuel Severance, Thomas. Hare, A. A. Hutchinson and Philip Reymer pay complainants and other creditors all moneys which they drew out of said bank between May 21, 1884, and the date of the assignment to Henry Warner.
The directors filed answers denying the material averments of the bill.
The case was referred to H. Hice, Esq., as master, who found among other things, the following facts: In 1874, W. N. Riddle was elected secretary and treasurer of the Penn Bank. In 1882, he was elected president, and was re-elected at the annual election in March 1883 and 1884, and served as president until the bank suspended. Prior to May 21,1884, the bank was apparently prosperous. Nothing seems to have occurred, or been noticed by the directors, in the business, or its transactions by the president, cashier or other employees, or in their conduct that caused any question or aroused any suspicion in their minds as to the honesty and faithfulness of those officers, or that the bank was other than solvent and prosperous, when on May 21, 1884, the doors of the bank were closed and payment suspended by Riddle, the president, without the knowledge and authority of the board of directors or any of them. Riddle stated to the directors that there had been an unusual amount of checking out of funds by depositors, and that he could not convert the securities of the bank into cash fast enough to meet the demands ; that the bank however had plenty of resources, and the only need was ready money until securities could be converted. The directors then, on their individual credit, raised 1289,000, and the bank reopened on May 23, 1884, and remained open until May 26,1884, when it finally closed its doors. A thorough examination was then made of the books and affairs of the bank, and it appeared that in 1883, the president began to misappropriate the funds of the bank for the purpose of carrying on gambling speculations in oil. Thejmoxigy abstracted from the bank for this purpose, was from time to time, chaigpdlonAhe^individual ledger -'oL the_.banlc_.against persons and firms, and principally against fictitious pergpn.s,iind.firms, as overdrafts. The_president in combination with tljejca&hier, kept these transactions from the knowledge of the directors, and, on May 19,1884, submitted a statement to the board, which on its face showed that the bank was in good condition.
The directors did not examine the individual ledger. On this subject the master reported as follows:
“These directors did not examine the individual ledger. Their Jmcnyledgg. of the condition of the bank was^ derived, from the weekly statements required to be furnished them by the officers and the semi-annual auditings and the general information acquired from the officers. As bearing on the question whether they were negligent in this respect and whether they should not have examined the accounts in the individual ledger much testimony was taken to show the course of action of the directors in other banks in the city. Amongst others the following were examined: [Naming a large number of bank officers of the city of Pittsburgh.] These witnesses concur in stating that the form of statement furnished weekly by the Penn Bank officers to the board was substantially the same as the statements used and furnished in their respective banks, many of them stating they were more in detail. In some four or five of them spaces were provided in the statements for overdrafts, and in one or two this has been added since the failure of the Penn Bank. In two or three the auditing committee ascertain the overdrafts. The general course in these banks was for the officers to look after the overdrafts, and with the exception of two or three of the banks represented, it was_not_the practice for the directors to examine the accounts in the individual ledger, nor at the audits.”
The master further found that the directors had no knowledge of the fraudulent misappropriation of the funds of the bank. It also appeared from the testimony, that James H. Hopkins was absent from the city at the time of the suspension, and during most of the time of the irregularities in the management of the bank; that Prank Rahm was not a director at the time; and that James Herdman and Philip Reymer were in infirm health, and unable to attend to business. On May 26, 1884, after the bank had failed, the directors, Brown, Severance, Hare, Hutchinson and Reymer, withdrew their deposits. Some of these amounts were, however, subsequently paid over to the assignee.
The master recommended a decree against Riddle and Reymer, and that the bill should be dismissed as to the other defendants.
The assignee filed, inter alia, the following exceptions:
4. The master errs in failing to find that the defendants, the directors of the bank, by gross negligence in the management, of its affairs made possible and invited the improper use of funds which resulted in the great loss to the bank.
5. The master errs in not finding that the directors of said bank were grossly negligent in that they did not take the ordinary precaution against excessive overdrafts and thus enabled the president of the bank to abstract its funds without detection.
6. The master errs in not finding and reporting that the defendants, directors of the Penn Bank, were guilty of gross negligence of the management of the affairs of said bank, and that by reason of such negligence the bank lost at least one million dollars, and that said defendants, Thomas Hare, James H. Hopkins, James Herdman, F. B. Laughlin, Samuel Severance, Philip Reymer, A. A. Hutchinson, Frank Rham, T. Brent Swearingen, A. M. Cavit, D. W. C. Carroll, George C. Davis and J. 0. Brown are liable to Henry Warner, assignee, for said sum.
7. The master errs in recommending that the bill be dismissed as to the defendants, Laughlin, Herdman, Hopkins, Carroll, Swearingen, Severance, Reymer, Hare, Davis, Rahm and Cavitt.
8. The master errs in not finding and reporting the amount for which the defendants, W. N. Riddle and G. L. Reiber are liable to plaintiff.
9. The master errs in finding that Thomas Hare and Samuel Severance paid to the assignee the money improperly withdrawn by them from the bank on the 26th day of May, 1884, and in not finding that said Hare and Severance expressly admitted that they did not pay said money nor any part of it to said assignee, and in not finding and reporting that Thomas Hare is liable on said account for $8,716.23, with interest from May 26, 1884, to the date of the decree, and Samuel Severance is liable for $554.54, with interest from May 26, 1884, to the date of the decree.
The court overruled the fourth, fifth, sixth and seventh exceptions and sustained the eighth and ninth exceptions, and entered the following decree :
That G. L. Reiber is liable and shall pay to Henry Warner, assignee of the Penn Bank, $500,000.
That William N. Riddle is liable to the said Henry Warner, assignee, for the sum of $1,200,000, and it is adjudged and decreed that he is liable and shall pay to Henry Warner, assignee of the Penn Bank said sum of $1,200,000.
That Thomas Hare is liable and indebted and shall pay to the said assignee the sum of $3,716.28, with interest thereon from May 26, 1884, less five and seven eighths per cent of the principal sum, said deduction being the amount of’the dividend paid by the assignee to creditors upon the distribution heretofore made by said assignee.
That Samuel Severance is liable and indebted and shall pay to Henry Warner, assignee of the Penn Bank, $554.54, with interest thereon from May 26, 1884, less the dividend of five and seven eighths per cent on principal sum, being the dividend heretofore paid by the assignee to the creditors of the Penn Bank.
It is further ordered and decreed that the defendants, W. N. Riddle, F. B. Laughlin, G. L. Reiber, James Herdman, James H. Hopkins, D. W. C. Carroll, T. Brent Swearingen, Samuel Severance, Philip Reymer, Thomas Hare, George C. Davis, Frank Rahm, A. M. Cavitt, A. A. Hutchinson and J. O. Brown, shall pay the costs of suit in these cases, including the master’s fee of $2,500.
That, except as to the matters above specified, the master’s report is hereby confirmed, and on payment of the costs and master’s fee as above stated, the bill is dismissed as to A. A. Hutchinson, James Herdman, Philip Reymer, J. O. Brown, T. Brent Swearingen, F. B. Laughlin, A. M. Cavitt, George C. Davis, James H. Hopkins, D. W. C. Carroll.
JSrrors assigned by Henry Warner, assignee, were (1-4) the dismissal of the assignee’s 4th, 5th, 6th and 7th exceptions, quoting them respectively; (5) in the application of the law to the facts as found in the opinion upon the exceptions to the master’s report, in that said facts warrant the conclusion that the directors, defendants, were guilty of such negligence in the management of the Penn Bank as to render them personally liable for its losses ; (6) in the legal conclusion from the facts found that the defendants, directors, are not liable for the percentage of loss, occasioned by the negligent reopening of the bank; (7) in not finding and entering a decree that the defendants, directors, were liable to and should pay the creditors for their percentage of loss occasioned by the reopening of the bank, and that they were so liable to,' and should pay the amount of $225,000 ; (8) in decreeing that the bill should be dismissed as to the directors; (10) in not decreeing that the directors should pay the losses to the bank, ascertained by the court to be $1,200,000; (11) in finding the defendants, James H. Hopkins, on account of absence on public business ; James Herdman, on account of infirm health; Frank Rahm, on account of not being a director at the time; and Philip Reymer, ■on account of infirm health, and, probably, unable to attend to the business, were relieved.
II. A. Miller, I). P. Paterson and A. M. Brown, for Henry Warner, assignee.
By accepting their office bank directors are obliged and required to execute it with fidelity and reasonable diligence : Charitable Corporation v. Sutton, 2 Atk. 400; Percy v. Millaudon, 8 Martin N. S. (La.) 68. They must use the same care that they exercise over their own business : Hun v. Cary, 82 N. Y. 65, 71; Williams v. McKay, 40 N. J. Eq. 189.
Briggs v. Spaulding, 141 U. S. 132, relied upon by the court below, was essentially different in its facts. In the first -place it was a.national bank, and under the act of Congress, the power to conduct its business was expressly entrusted to its officers, and the directors did not violate any law in permitting the president to conduct its business. In the second place the losses occurred at a time when most of the defendants were either not directors or incapacitated from attending to business.
The abstractions of money continued for so long a time and were so large that the appellees should have known it. Under the ruling in Williams v. McKay, 40 N. J. Eq. 189, there was a prima facie case against the directors.
The directors knew of over drafts, and this was sufficient to put them upon notice of the condition of the bank.
The directors weiu negligent in permitting Riddle, the president, to manage all the affairs of the bank and to engage in oil gambling operations. They were also negligent in reopening the bank.
' S. Schoyer, Jr., and J). T. Watson, with them J. M. Stoner, Geo. W. Guthrie, Isaac S. Van Voorhis, T. 0. lazear and Knon ‡ Heed, for A. A. Hutchinson and the other directors.
The report of a master when confirmed by the court is conclusive unless the testimony clearly shows a plain mistake. Harland’s Accounts, 5 Rawle, 323; Ludlam’s Est., 13 Pa. 188; Gossner’s Est., 6 Wharton, 403; Bicking’s Ap., 2 Brewster, 230.
The question of the defendant’s negligence is res adjudicata: Warner’s Ap., 2 Cent. Rep. 44.
The directors were not bound to the same care as trustees. The relation between a bank and its depositors is not that of trustee and cestui que trust, but that of debtor and creditor. Bank v. Millard, 10 Wall. 155 ; Bank of Northern Liberties v. Jones, 42 Pa. 536 ; Morse on Banks and Banking, p. 26. The directors of a bank being gratuitous mandatories are liable only for fraud or such gross negligence as amounts to fraud : Maisch v. Savings Fund, 5 Phila. 30; Spering’s Ap., 71 Pa. 21; Movius v. Lee, 30 Fed. Rep. 307 ; Briggs v. Spaulding, 141 U. S. 132; Preston v. Prather, 137 U. S. 604; Percy v. Millaudon, 8 Mart. (La.) N. S. 68; Wallace v. Lincoln Savings Bank, 9 Ry. and Corporation Law Journal, 482; the English cases establish the same principle: Land Credit Company v. Fermoy, L. R. 5 Ch. App. 763; In re Dean Coal Mining Co., 10 Ch. Div. 450 ; Faure Electric Co., 40 Ch. Div. 141; Flitcroft’s Case, 21 Ch. Div. 519; Perry’s Case, 34 L. T. 716; Denham & Company, 25 Ch. Div. 752; Jackson v. Munster Bank, 15 L. R. 356.
No case can be found were an attempt was successfully made to charge the directors with a loss happening from the fraud and embezzlement by the president or cashier of the bank or codirector, except where gross negligence was shown on the part of the directors. Spering’s Ap., 71 Pa. 21; Watt’s Ap., 78 Pa. 392; Maisch v. Saving Fund, 5 Phila. 30; Adams v. Manning, 10 W. N. C. 450; Addams’ Ap. (S. C.), 15 W. N. C. 230; Movius v. Lee, 30 Fed. Rep. 298; Scott v. Depeyster, 1 Ed. Ch. 518; Angelí & Ames on Corporations, 10 ed., p. 314; Dunn’s Adms. v. Kyle’s Adms., 14 Bush. 134; Vance v. Ins. Co., 4 Lea (T.) 385; Henry v. Jackson, 37 Vt. 431; Perry’s Case, 34 Law Times, 716; Bank v. Baird, 11 Sessions Cases (3d series) 112; In re Denham & Co., 5. Am. & Eng. Corp. Cases, 260; Robinson v. Smith, 3 Paige, 222; Loan Assn. v. Coriell, 34 N. J. Eq. 383; Neall y. Hill, 16 Cal. 151; Shear-man & Redfield on Negligence, 589; Savings Bank of Louisville’s Assignee v. Caperton et. al., Ky. Court of Ap., Jan. Term, 1888; Thompson on Liability of Officers and Agents, 359.
A bank director is not liable to a depositor, there being no relation or privity between them. Ackerman v. Halsey, 37 New Jersey Equity, 362; Smith v. Hurd, 12 Mete. (Mass.) 371; Hodges v. N. E. Screw Co., 1 R. I. 312 ; Craig v. Gregg, 83 Pa. 20 ; Maisch v. Saving Fund, 5 Philada. 32; Robinson v. Smith, 3 Page, 233; Heath v. Erie Ry. Co., 8 Blatch. 374; Abbott v. Merriam, 8 Cush. 590 ; Peabody v. Flint, 6 Allen, 56 ; Hersey v. Veazie, 24 Me. 12; Williams v. Halliard, 38 New Jersey Equity, 376.
T. 0. Lazear, with him Orr, for Thomas Hare.
The act of Thomas Hare not having been done by him in his official capacity as a director, he had the same right to check out the money as any other depositor: 2 Morawetz on Corporations; Catlin v. Eagle Bank, 6 Conn. 233; Buell v. Buckingham, 16 Iowa, 284; Smith v. Skeary, 47 Conn. 47; Railroad Co. v. Claghorn, 1 Spears’ Eq. Rep. 545; Beach v. Miller, 23 111. Ap. 151; Field on Corporations, sec. 177.
The money was not the individual money of Hare, but of the firm to which he belonged, and it has a right to retain it.
January 4, 1892.
Opinion by
Mb. Justice Paxson,
This case has been so carefully considered by the learned master and court below, that little remains for us to add. Indeed, in a case of such magnitude, involving a vast mass of testimony, we can do little more than see that the principles upon which it has been decided below are sound.
Briefly stated, the bill was filed for the purpose of holding the officers and directors of the bank responsible for the losses resulting from its failure. It is claimed that the officers and directors were negligent in their management of the bank’s affairs, and that by reason of such negligence the losses occurred.
It is conceded on all sides that the losses and the disastrous failure of the bank were directly traceable to Mr. Riddle, its late president, now deceased. He practically emptied, the vaults of the bank in carrying on a gigantic speculation in oil. This was done with the knowledge of the cashier, and the cooperation of one or more clerks or subordinates. It would have been extremely difficult, if not practically impossible, for any person to have committed such a swindle without the cooperation of some one inside. The question is whether the directors ought to have known of these transactions, and whether their failure to know what the real plunderer was doing, was such negligence on their part as to render them liable to the creditors of the bank.
The Penn Bank closed its doors in May, 1884. It is not too much to say that its failure was a great shock to the business interests of Pittsburgh. It was the cause of much excitement ; led to a large amount of litigation, much of it directed against the board of directors. As usual, in such cases, the current of public opinion was turned against them, and up to the present time they have been defending themselves against hostile litigation. The time has now arrived when the rights of the parties can be considered calmly, and disposed of in disregard of prejudice or popular clamor.
The first question that naturally suggests itself for our consideration is, the extent of the duty which the directors of a bank owe to the stockholders, whom they represent directly, and the creditors, whom they represent indirectly.
Upon this point there is a general misapprehension in the popular mind. This finds expression, after bank failures, in severe condemnation of directors, and a general assertion of the doctrine that their duty requires them to be familiar with all the details of the management. In the popular mind thejr are held to the rule that they ought to take the same care of the affairs of the bank that they do of their own private business. Even the learned judge below evidently adopted this view, when he said in his opinion : “ If we were to decide this case on first impressions, as to the conclusions of fact to be drawn, and under the decisions cited and rules laid down in the minority opinion in Briggs v. Spalding, we would say there was gross negligence, or want of the ordinary care that a man of fair intelligence would take of his own affairs.”
It cannot be the rule that the director of a bank is to be held to the same ordinary care that he takes of his own affairs. He receives no compensation for his services. He is a gratuitous mandatory. . His principal business at the bank is to assist m discounting paper, and for that purpose he attends at the bank at stated periods — generally once or twice a week— for an hour or two. The condition of the bank is then laid before him, in order that he may know how much money there is to loan. Once or twice a year there is an examination of the condition of the bank, in which he participates. The cash on hand is counted, the bills receivable and sureties examined, to-see whether they correspond with the statement as furnished by the officers. Beyond this he has little to do with either the cash or the books of the bank. They are in the care of salaried officials who are paid for such services, and selected by reason of their supposed integrity and fitness. To expect^ a director, under such circumstances, to give the affairs.of the bank the same care that he takes of his own business, is unreasonable, and few responsible men would be willing to serve upon such terms. In the case of a city bank, doing a large business, he would be obliged to abandon his own affairs entirely. A business man generally understands the details of his own business, but a bank director cannot grasp the details of a large bank without devoting all his time to it, to the utter neglect of his own affairs.
A vast amount of authority has been cited upon this question, which we do not think it necessary to review. It is sufficient to refer to a few cases only. In Spering’s Ap., 71 Pa. 11, the subject is very fully discussed by the late Justice Sharsvvood, and the rule of ordinary care is laid down. Not, however, the ordinary care which a man takes of his own business, but the o£dinaxy.cju^e„iff_a.3MP-_directoi in the business of a bank. Negligence is the want of care according to the circumstances, and the circumstances are everything in considering this question. The ordinary care of a business man in his own affairs means one thing; the ordinary care of a gratuitous mandatory is quite another matter. The one implies an oversight and knowledge of every detail of his business; the other suggests such care only as a man can give in a short space of time to the business of other persons, from whom he receives no compensation.
The same learned judge, in Maisch v. Saving Fund, 5 Phila. 30, laid down the'rule as follows : “As to the directors, however, receiving no benefit or advantage, they can be considered only as gratuitous mandatories, liable only for fraud or such gross negligence as amounts to fraud.” Again, in Spering’s Ap., supra, he said: “ Indeed, as the directors are themselves stockholders, interested, as well as all others, that the affairs and business of the corporation should be successful, when we ascertain and determine that they have not sought to make any profit not common to all the stockholders, we raise a strong presumption that they have brought to the administration their best judgment and skill.”,
We may also refer to Briggs, Receiver, v. Spaulding, 141 U.S. 132, which goes even further than our own cases upon this point. It does not relieve a director from the consequence of gross negligence in the performance of his duty, but it holds that he is not responsible where he has used the ordinary care which bank directors usually exercise. It is true this was the case of a national bank, but we apprehend that what is negligence on the part of a director of a national bank, would, as a general rule, be negligence by a director of a state bank, and subject to the same liability.
In rsgarcLto.what is ordinary care, regard must be had to the usages of the particular business; Thus, if the director of a bank performed his duties, as such, in the same manner as they were performed b]r all other directors of all other banks in the same city, it could not fairly be said that he was guilty of gross negligence. And care must be taken that we do not hold mere gratuitous mandatories to such a severe rule as to drive all honest men out of such positions. This thought is so well expressed by Sir George Jessel, M. R., in his opinion in In re Penn Coal Mining Co., 10 Ch. Div. 450, that I give his remarks in full: “ One must be very careful in administering the law of joint-stock companies, not to press so hard on honest directors as to make them liable for these constructive defaults, the only effect of which would be to deter all men of any property, and, perhaps, all men who have any character to lose, from becoming directors of companies at all. On the one hand, I think the court should do its utmost to bring fraudulent directors to account; and, on the other hand, should also do its best to allow honest men to act reasonably as directors. Willful default no doubt includes the case of a neglecting to sue, though he might, by suing earlier, have recovered a trust fund; in that case he is made liable for want of due diligence in his trust. But I think directors are not liable on the same principle.”
Holding, then, the rule to be that directors, who are gratuitous mandatories, are only liable for fraud, or for such gross negligence as amounts to fraud, it remains but to apply this principle to the facts of this case.
It is not alleged — it has never been alleged — -that the hands of these directors are stained by fraud. The bank was wrecked by its president, with the cashier and some of the clerks aiding and abetting. It was adroitly done, so far as the means were concerned, and it was concealed wholly from the directors. False entries were made in the books, and false accounts, or accounts with fictitious persons, were opened so as to hide the theft. The reports of the bank’s condition, made by the president to the directors, from time to time, showed it to be in good condition, while in point of fact it was honeycombed with fraud, and its assets squandered in wild speculations. It may be asked, why did not the directors discover this by an examination of the books? The answer is, that, if they had examined every book in the bank, with a single exception, they rvould not have found the fraud. That exception is the individual ledger. All the frauds were dumped into this book, and appeared nowhere else. The individual ledger contains the accounts of the individual depositors, and this book, by the rules of a large majority of the Pittsburgh banks, the directors are not allowed to see. This is a rule of policy on the part of most city banks, and the reason for it is, at least, plausible. A director, largely engaged in business, may have a number of rivals in the same business who are depositors in the bank. If he is permitted to examine their accounts it gives him an advantage and an insight into a rival’s affairs that few business men would tolerate. Hence, it is a question with many banks whether to adopt this rule or lose valuable customers, and they generally prefer the former. We are not speaking of the wisdom of the rule, only of its existence, as bearing upon the question of the director’s negligence. Are they to be held to be guilty of- gross negligence in not examining a book, which, by the rules of their own bank, and of four fifths of the other banks in Pittsburgh, the directors were not permitted to see ?
Nor do we think the directors were bound to regard the statements submitted to them as false, and the president, cashier and clqrks as thieves. They had nothing to arouse suspicion. All of these gentlemen stood high; they were the trusted agents of the corporation; paid for their services, and regarded in the community in which they lived as honest men.
Aside from this, the directors were among the heaviest stockholders of the bank. They collectively owned a large proportion of it. And so thoroughly were they deceived by the president as to its condition that, when the first stoppage occurred, they not only believed the suspension was temporary, but they showed their faith by their works, and upon their individual credit raised the sum of $289,000 to enable it to resume. They did not desert the ship like a parcel of drowning rats, but imperiled their private fortunes in an effort to keep it afloat. Under such circumstances it would be an act of gross injustice to hold them liable for the frauds of others, in which they had not participated — of which they had no knowledge — and which have only been brought to light with the aid of experts. ' We must measure this transaction by the light which these directors had at the time the transaction occurred. It would be unfair to judge them by the calcium light which has been turned on for six years, and which has enabled us to trace at last the sinuous path of Riddle and his confederates in crime, and the means by which this bank has been robbed and plundered. We are of opinion that the master' and the court below were right in their conclusion, and the decree is affirmed upon the appeal of the assignee, and the appeal dismissed at his costs.
HUTCHINSON’S APPEAL.
This was a cross-appeal from the same decree as that in Warner’s appeal. It was taken by the directors of the bank, and they complain that “ the court below erred in imposing upon the directors, the defendants below and appellants here, the costs of this case, including a master’s fee of $2,500.”
Costs in equity are in the sound discretion of the court, and we always hesitate to reverse for the exercise of such discretion. In this case, however, the directors have been compelled to defend themselves for years against litigation, which a careful and dispassionate examination of the case, at the proper time, would have shown to be without merit. Having succeeded in vindicating themselves from the charges made against them, we do not think they should now be compelled to pay the costs. The general rule is that the losing party shall pay the costs of his unsuccessful litigation, and we see nothing in this case to take it out of this rule.
The decree is reversed as to costs, and it is ordered that the costs here and below, including the master’s fee, be paid out of the funds in the hands of the assignee.
Thomas Hare, one of the defendants, assigns as error upon this appeal, that the court below erred in making and entering the sixth paragraph of the decree, which orders him to pay to the said assignee the sum of $8,716.23, with interest thereon from May 26, 1884, less five and seven eights per cent of the principal sum, said deduction being the amount of the dividend paid by the assignee to creditors upon the distribution, heretofore made by said assignee.
The facts are as follows: Thomas Hare and son, appellant’s firm, had the sum of $3,716.23 on deposit in the Penn Bank, on the day the bank finally closed. Being in the bank at the time, he drew this money out. The master and the court below held that he had no right to do so, and thus obtain a preference, after the bank had closed. There could be no doubt about this if the money had been his individual money. But he contends, that because it belonged to his firm he had a right to withdraw it. We think it is a distinction without a difference. It was his act, and even if we treat it as the act of the firm, it was done upon information obtained by him in his confidential relation as a director of the bank. We think the decree against him was properly entered, and his appeal is dismissed at his costs.
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Isola di San Michele
This island is marked blue on the map, suggesting it belongs to the Castello Sestieri.
However, the island's wiki page, starts out saying:
* San Michele is an island in the Venetian Lagoon, northern Italy. It is associated with the sestiere of Cannaregio, from which it lies a short distance northeast.
So, which is it? Is the island associated with Castello (blue) or Cannaregio (purple)?
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Toyota (TM) Invests $50 Million in Arizona Proving Grounds
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