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-- Stephens to Face Serena Williams as Federer, Murray Win
U.S. teenager Sloane Stephens
yesterday reached her first tennis Grand Slam quarterfinal at
the Australian Open, where she’ll play five-time champion Serena Williams for a spot in the final four. Top seed Victoria Azarenka earlier set up a meeting with
two-time major winner Svetlana Kuznetsova, while Roger Federer
and Andy Murray remained on course for a semifinal meeting with
straight-set wins and will next play Frenchmen Jo-Wilfried Tsonga and Jeremy Chardy. The 29th-seeded Stephens, at 19 the youngest player left in
the women’s draw, beat 56th-ranked Bojana Jovanovski of Serbia
6-1, 3-6, 7-5 at Melbourne Park even after having more than
twice as many unforced errors as winners. The victory guaranteed
that Stephens will break into the top 20 of the women’s rankings
after the tournament. “She brought it full force in the second, third set,”
Stephens said in a news conference. “I just had to find a way.
Mentally it was pretty tough.” Williams, the No. 3 seed from the U.S., routed 14th-seeded
Maria Kirilenko of Russia 6-2, 6-0 in 57 minutes to open the
night session on Rod Laver Arena. Federer then followed by
beating 13th-seeded Milos Raonic of Canada 6-4, 7-6 (7-4), 6-2
to move to his 35th straight major quarterfinal. Switzerland’s Federer, seeking a record-extending 18th
Grand Slam title, made just 12 unforced errors and won the only
three breaks of serve in the match against the tournament’s ace
and service-speed leader. “It was pretty cold, maybe it helped me,” Federer said in
a court-side interview, when asked how he neutralized the serves
of his 6-foot-5 opponent. “I’ve got good reflexes.” Today’s Action Today at Melbourne Park, former French Open winner Li Na of
China plays Wimbledon finalist Agnieszka Radwanska of Poland for
a spot in the semifinals, while 2008 champion Maria Sharapova
faces fellow Russian Ekaterina Makarova. In the men’s draw, and
all-Spanish quarterfinal between Nicolas Almagro and David Ferrer is followed by defending champion Novak Djokovic of
Serbia against former Wimbledon runner-up Tomas Berdych of the
Czech Republic. Federer will next face 7th-seeded Tsonga, the 2008 runner-
up in Melbourne. The Frenchman advanced by defeating a
compatriot, No. 9 Richard Gasquet, 6-4, 3-6, 6-3, 6-2. The 31-year-old Williams was clinical in beating Kirilenko,
getting 87 percent of her first serves in and almost three
quarters of her service returns back in play. She committed just
six unforced errors in winning her 20th straight match. Serve Chances “I definitely have never hit that high of a percentage
because I take a lot of chances with my serve,” Williams told
reporters after reaching her 35th career Grand Slam singles
quarterfinal. “I really want to be able to keep it up.” Williams defeated Stephens 6-4, 6-3 in Brisbane two weeks
ago and said she’s expecting a tough contest. “I feel like for me it will be another good match and a
good opportunity for both of us,” added Williams. “One of us
will be in the semifinals, which I think is awesome.” U.S. Open champion Murray cruised past 14th-seeded Gilles Simon of France , 6-3, 6-1, 6-3, in 95 minutes. While Simon beat
countryman Gael Monfils in 4 hours, 43 minutes to get to the
fourth round, Murray, 25, had spent just 5 1/2 hours on court in
total to reach the same stage. “Obviously no one knew how Gilles would be,” Murray said
in a televised courtside interview. “He is one of the best
movers on tour and clearly was struggling with his movement
today. Grand Slams are so physical these days and it is tough.” Chardy’s Confidence The Scot next faces another Frenchman, Jeremy Chardy, who
ousted his third straight seeded opponent with a four-set win
against Andreas Seppi, the No. 21 from Italy . Chardy, ranked
36th, scored the biggest upset of the men’s draw with his third-
round win against sixth-seeded Juan Martin Del Potro of
Argentina . “I feel confident,” Chardy said after reaching his first
major quarterfinal. “Against Del Potro, I played a very good
match. So it was good for my head.” Women’s No. 1 seed Azarenka dropped just two games in
beating Elena Vesnina of Russia after being pushed to three sets
by injured American Jamie Hampton in the previous round. The
Belarusian, who broke through for her first major title in
Melbourne 12 months ago, next faces a player on the comeback
trail. Kuznetsova missed the second half of last season because
of a knee injury. Fresher, Stronger “It’s going to be very tough match,” Azarenka said. “I
can see Sveta came back much fresher, much stronger. She knows
how to handle big stages, big tournaments.” Kuznetsova, unseeded at a major for the first time since
the 2003 French Open, ousted No. 10 Caroline Wozniacki 6-2, 2-6,
7-5 in a match lasting 2 hours, 28 minutes at Rod Laver Arena. The 27-year-old Kuznetsova, who won 2009 French Open and
2004 U.S. Open titles and was ranked as high as No. 2 in the
world, has fallen to No. 75 while recovering from a knee injury
that forced her to miss the second half of last season. “I have nothing to lose, she has all the pressure,” said
Kuznetsova, who leads Azarenka 4-3 in career meetings. “I know
I’ve got the game to give her some problems.” To contact the reporter on this story:
Dan Baynes at Melbourne Park at dbaynes@bloomberg.net To contact the editor responsible for this story:
Christopher Elser at
celser@bloomberg.net
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Restore
Youth
Prevent
Aging
Charleston Holistic Medicine
Our focus is on identifying imbalances when ayou're under stress with symptoms, not discovered elsewhere by traditional medicine. Much of what we fix are deficiencies in nutrition, hormones, neurotransmitters and a balanced lifestyle.
Heal Now!
By Christina Justice
IUDs (intrauterine devices) are becoming more and more popular for women in the United States according to Planned Parenthood. There are hormonal IUDs (Mirena, Liletta, Skyla, and Kyleena) and also a non-hormonal or copper IUD (ParaGuard). IUDs are ranked among the best forms of birth control with an effectiveness of 99% along with hormonal arm implants and permanent sterilization. An IUD is considered a long-acting reversible contraceptive, or LARC, because these methods can last anywhere from 3-12 years and can be removed anytime to regain fertility ("Long-Acting Reversible Contraception (LARC): IUD and Implant," 2016; "Planned Parenthood Federation of America Inc.," 2016).
One of the most popular traits of the IUD is the one time office procedure for insertion. This means the IUD is not something that women have to remember to take everyday, every month, or even every year. This takes away the possibility of user error and increases effectiveness ("Long-Acting Reversible Contraception (LARC): IUD and Implant," 2016). The convenience of the IUD is one reason this method is becoming so popular. Other benefits include cost effectiveness, discretion, and hormonal IUDs can decrease the symptoms of the menstrual cycle or eliminate the cycle entirely. In populations where LARC methods are promoted and used there is a significant decrease in negative health outcomes such as unintended pregnancy, teenage pregnancy, sexually transmitted infections (STIs), and abortion rates (Ricketts, Klingler, & Schwalberg, 2014).
Just like any other form of medication, there can be negative side effects associated with IUDs. Some people may experience pain during insertion, bleeding and spotting for an extended period of time after insertion, irregular bleeding and spotting, weight gain, acne, mood changes, or PID (pelvic inflammatory disease). To clarify this, the IUD itself does not cause PID, but bacteria can be introduced during insertion that can cause the infection. Even though non-hormonal IUDs can offer individuals an effective form of birth control without hormones, this option can cause an increase in negative side effects of menstrual cycles. If pregnancy does occur, the chances of an ectopic pregnancy (pregnancy outside of the uterus) increase. Individuals need to discuss all options with a knowledgeable health care provider to find a birth control method that is the best fit for them. Many of these side effects are rare, but can be very serious if experienced ("IUD," 2017; "Mirena," 2017).
For people with a blood clotting disorder such as Leiden factor V, estrogen-based birth control is not an option. Estrogen-based birth control methods can increase the chances of developing blood clots throughout the body. Hormonal IUDs do not use estrogen, but instead they use small amounts of progestin. The amount of progestin that is used in contraception has not been proven to increase the risk of DVT (deep vein thrombosis) or pulmonary embolism (blood clot in the lungs) ("HIGHLIGHTS OF PRESCRIBING INFORMATION," 2017). The hormonal and non-hormonal IUDs offer a safe and very effective form of birth control for women who are at a predisposed risk for developing blood clots. Even if someone has a condition that prohibits them from using any form of hormones or just chooses to use hormone free methods, the non-hormonal IUD is always an option. The copper IUD offers effective and convenient birth control alongside the hormonal methods.
If you are interested in any of these options or wish to discuss them further, please see your health care provider to find the option that fits you best. You can also visit https://www.plannedparenthood.org/learn/birth-control or https://www.bedsider.org/methods for more information.
References
HIGHLIGHTS OF PRESCRIBING INFORMATION. (2017). from https://labeling.bayerhealthcare.com/html/products/pi/Mirena_PI.pdf IUD. (2017). Birth Control. from https://http://www.plannedparenthood.org/learn/birth-control/iud Long-Acting Reversible Contraception (LARC): IUD and Implant. (2016). http://www.acog.org/Patients/FAQs/Long-Acting-Reversible-Contraception-LARC-IUD-and-Implant Mirena. (2017). from https://http://www.mirena-us.com/?ecid=mirena:re:de:tl:othd:0:7800&WHGRedir=1 - globalFooter Planned Parenthood Federation of America Inc. (2016). from https://http://www.plannedparenthood.org/ Ricketts, S., Klingler, G., & Schwalberg, R. (2014). Game change in Colorado: Widespread use of long‐acting reversible contraceptives and rapid decline in births among young, low‐income women. Perspectives on Sexual and Reproductive Health, 46(3), 125-132. doi: 10.1363/46e1714
In today’s world, stress and fatigue are just another part of daily life for many adults. The cumulative effects of psychological and physical stress can lead to feelings of weakness, issues with your gut, and weakening of our immune systems, otherwise known as Adrenal Fatigue Syndrome.
P4 Medicine is becoming increasingly important for the continued health of patients. Its two major objectives are to quantify wellness and demystify disease. This is the true Functional Medicine (FM) paradigm. P4 medicine is the clinical face of systems medicine. P4 medicine will make blood a diagnostic window for viewing health and disease for the individual. FM doctors are the ones at the forefront of P4 Medicine.
Many people recognize autism as a disorder that inhibits a person to function normally in society. What many people don’t understand is the range of disorders that fall under autism, which is used as an umbrella term that encompasses a wide variety of situations. This range of disorders is referred to as the Autism Spectrum Disorder (ASD) and includes a variety of unique definitions. Every case is different and unique within ASD, where one child may struggle with speech, and another is highly verbal but cannot function socially. Some traits that define autism include
Purchase products through our Fullscript virtual dispensary.
About Carolina Holistic Medicine
Our focus is on identification of imbalances when a patient is under stress with symptoms , not discovered elsewhere by traditional medicine. Adequate time and attention to details prevail in our setting. We provide intensive patient education to allow our clients/patients the ability to help themselves and prevent disease without too much oversight or reliance on healthcare providers. Much of what we fix are deficiencies in nutrition, hormones, neurotransmitters and a balanced lifestyle.
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Hickey's OT goal lifts Islanders past Flames
Hickey’s OT goal lifts Islanders past Flames NEW YORK — For the New York Islanders, squeaking out a flawed victory sure beats suffering yet another well-played defeat. Defenseman Thomas Hickey scored 1:53 into overtime Monday night as the skidding Islanders at least momentarily righted themselves with a 2-1 victory over the Calgary Flames at Barclays Center. The win was just the third in the last 11 games for the Islanders (7-10-4), who began the day with the fewest points in the NHL but who, by virtue of the win, moved into a tie with the Arizona Coyotes for 29th place. New York’s 3-4-4 stretch has “featured” five losses — including back-to-back defeats against the Los Angeles Kings and San Jose Sharks in the two games prior to Monday — in which it gave up the tying or go-ahead goal in the final four minutes of the third period. “I’m just glad the guys come away with two points, because they’ve worked extremely hard over the last nine periods of hockey — 12, counting tonight,” Islanders head coach Jack Capuano said. It appeared as if the Islanders might get a rare easy victory during a first period in which they took the lead on John Tavares’ goal at the 7:28 mark and ended up outshooting the tired-looking Flames — who fell to the Philadelphia Flyers 5-3 on Sunday and were finishing a six-game Eastern Conference road trip Monday — by a 9-4 margin. But the Flames outshot the Islanders 22-16 over the final two periods and finally tied the game on Sean Monahan’s goal 5:51 into the third. “Certainly, we’d love to come away with more (goals) — just not always the case, so you’ve got to find a way to keep generating momentum, keep generating chances.” Tavares said. “Kind of a sluggish second period I think for both sides and then they were able to generate some momentum in the third. We were able to get little bit going towards the end to get to overtime.” Islanders defenseman Nick Leddy had the most serious scoring threat in the waning minutes of regulation, but his shot bounced off the upper body of Flames goalie Brian Elliott, who smothered the puck with 65 seconds remaining. The Islanders dominated the overtime, during which the Flames didn’t get a shot on net. Elliott turned away a breakaway by Jason Chimera a little more than a minute into the extra session. With the puck still in the Flames’ zone, Tavares jumped on to the ice during a shift change and briefly appeared to have a breakaway opportunity of his own before Calgary defenseman TJ Brodie swooped in front of Tavares. The Islanders’ captain spun around while Flames right winger Troy Brouwer descended upon Tavares and center Mikael Backlund raced towards the net. But there was no defense Tavares’ backhanded shot, which ticked off the stick of Hickey, who was stationed in front of the net, and under Elliott’s legs. “As Johnny goes, we go, right?” Capuano said of Tavares, who leads the team with six goals and 11 assists. “It doesn’t surprise me, some of the plays that he makes. You definitely want the puck in his hands when the game’s on the line.” Thomas Greiss made 25 saves for the Islanders. Elliott also notched 25 saves for the Flames (10-13-2), who went 3-2-1 on their road trip. “Disappointing at the end, I think that’s what we all feel,” Flames head coach Glen Gulutzan said. “But good to get the point and come out 3-2-1 on the road.” The Flames are three points out of third place in the Pacific Division and two points behind in the race for the final Western Conference wild-card spot — the exact same positions they were in at the start of the road trip. “We didn’t take ourselves out of it by any means with this trip,” defenseman Mark Giordano said of the Flames, who have a league-low three wins at home but will play seven of their next 11 games in Calgary. “We’ve got to get some big wins at home. We haven’t been good enough at home.” NOTES: The Islanders scratched G Jaroslav Halak, D Scott Mayfield and C Ryan Strome. It was the second straight healthy scratch for Strome, who has been in and out of coach Jack Capuano’s doghouse the last two seasons. “I’ve either got to play better or find a way to make them more happy, I guess,” Strome told Newsday after the morning skate. ... Islanders D Adam Pelech left after the second period due to an upper-body injury. ... Calgary scratched C Freddie Hamilton, RW Garnet Hathaway and D Brett Kulak. ... Flames C Mark Jankowski made his NHL debut and played 10:18 three days after being recalled from Stockton of the AHL.
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Thiamazole
Thiamazole, also known as methimazole, is a medication used to treat hyperthyroidism. This includes Graves disease, toxic multinodular goiter, and thyrotoxic crisis. It is taken by mouth. Full effects may take a few weeks to occur.
Common side effects include itchiness, hair loss, nausea, muscle pain, swelling, and abdominal pain. Severe side effects may include low blood cell counts, liver failure, and vasculitis. Use is not recommended during the first trimester of pregnancy due to the risk of congenital anomalies, but it may be used in the second trimester or third trimester. It may be used during breastfeeding. Those who developed significant side effects may also have problems with propylthiouracil. Thiamazole is a cyclic thiourea derivative that works by decreasing the production of thyroid hormones.
Thiamazole was approved for medical use in the United States in 1950. It is on the World Health Organization's List of Essential Medicines. It is available as a generic medication. It is also available in Europe and Asia. In 2021, it was the 237th most commonly prescribed medication in the United States, with more than 1million prescriptions.
Medical uses
Thiamazole is a drug used to treat hyperthyroidism such as in Graves' disease, a condition that occurs when the thyroid gland begins to produce an excess of thyroid hormone. The drug may also be taken before thyroid surgery to lower thyroid hormone levels and minimize the effects of thyroid manipulation. Additionally, thiamazole is used in the veterinary setting to treat hyperthyroidism in cats.
Adverse effects
It is important to monitor any symptoms of fever or sore throat while taking thiamazole; this could indicate the development of agranulocytosis, an uncommon but severe side effect resulting from a drop in the white blood cell count (to be specific, neutropenia, a deficiency of neutrophils). A complete blood count (CBC) with differential is performed to confirm the suspicion, in which case the drug is discontinued. Administration of recombinant human granulocyte colony-stimulating factor (rhG-CSF) may increase recovery.
Other known side effects include:
* skin rash
* itching
* abnormal hair loss
* upset stomach
* vomiting
* loss of taste
* abnormal sensations (tingling, prickling, burning, tightness, and pulling)
* swelling
* joint and muscle pain
* drowsiness
* dizziness
* decreased platelet count (thrombocytopenia)
* aplasia cutis congenita (prenatal exposure)
* thyroid gland enlargement (prenatal exposure)
* choanal atresia (prenatal exposure during the first trimester of pregnancy)
* acute pancreatitis
Interaction
Adverse effects may occur for individuals who:
* Take anticoagulants ('blood thinners') such as warfarin (Coumadin), diabetes medications, digoxin (Lanoxin), theophylline (Theobid, Theo-Dur), and vitamins
* Have ever had any blood disease, such as decreased white blood cells (leukopenia), decreased platelets (thrombocytopenia) or aplastic anemia, or liver disease (hepatitis, jaundice)
Mechanism of action
Thiamazole inhibits the enzyme thyroperoxidase, which normally acts in thyroid hormone synthesis by oxidizing the anion iodide (I−) to iodine (I2), hypoiodous acid (HOI), and enzyme linked hypoiodate (EOI), facilitating iodine's addition to tyrosine residues on the hormone precursor thyroglobulin, a necessary step in the synthesis of triiodothyronine (T3) and thyroxine (T4).
It does not inhibit the action of the sodium-dependent iodide transporter located on follicular cells' basolateral membranes. Inhibition of this step requires competitive inhibitors such as perchlorate and thiocyanate.
A study has shown that it modulates secretion of CXCL10.
Veterinary uses
Thiamazole is also indicated in cats to treat hyperthyroidism.
Chemical properties
The cyclic thiourea derivative thiamazole is a white to matte brown crystalline powder with a characteristic odour. The boiling point is 280 °C (decomposition). Thiamazole is soluble in water, ethanol and chloroform, but hardly soluble in ether.
Thiamazole acts as a free radical scavenger for radicals such as the hydroxyl radical (•OH) radical. It is used as free radical scavenger in organic chemistry.
Laboratory synthesis
Thiamazole has been known since 1889, when it was made by a two-stage process starting from 2,2-diethoxyethaneamine, which was reacted with methyl isothiocyanate.
* Thiamazole synthesis route A.svg
The product of this reaction was then cyclised in an acid-catalysed reaction to form thiamazole.
Manufacture
When the therapeutic potential of thiamazole was recognised in the late 1940s, a number of alternative routes were developed based, for example, on the use of 2-chloro-1,2-diethoxyethane as starting material, in a reaction with methylamine.
* Thiamazole synthesis route B.svg
The resulting intermediate can be treated with potassium thiocyanate in the presence of acid to give thiamazole.
History
Surgery was used to treat hyperthyroidism until the advent of drug therapies in the 1940s. In 1942, thiourea was used by Edwin B. Astwood to treat a patient with the condition. He later published evidence that thiouracil was more effective and began a search for analogues with higher potency and less toxicity. In 1949 he published his work on thiamazole which showed its superiority to previous therapies. The compound had been known since 1889, and was developed as a drug by Eli Lilly and Company under the trade name Tapazole.
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WIKI
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Ville Itälä
Ville Heimo Antero Itälä (born 10 May 1959 in Luumäki) is the Director-General of the European Anti-Fraud Office (OLAF) and a former a Finnish politician. He was elected member of the Finnish Parliament (Eduskunta) from the district of Southwest Finland in 1995. Itälä served as the Minister of the Interior under Prime Minister Paavo Lipponen from September 2000 to April 2003. He was elected chairman of the National Coalition Party (Kokoomus) in 2001. Following his resignation as party leader in 2004, he was succeeded by Jyrki Katainen. Itälä was a Member of the European Parliament from 2004 until 29 February 2012. He was a member of the European Court of Auditors from 2012 until February 2018. Since August 2018 he is the Director-General of OLAF.
European Anti-Fraud Office (OLAF)
Ville Itälä is the Director-General of the European Anti-Fraud Office (OLAF) since August 2018.
European Court of Auditors
Ville Itälä was a Member of the European Court of Auditors from 2012 to February 2018.
European Parliament
In 2004, Ville Itälä was elected Member of the European Parliament, a position he held for eight years. During this time, he served, among others, on the Committee on Transport and Tourism and was the Deputy-Chair of the Committee on Budgetary Control.
Finnish Executive and Parliament
Ville Itala was elected as Member of the Finnish Parliament (Eduskunta) from the district of Southwest Finland in 1995. Itälä served as the Minister of the Interior under Prime Minister Paavo Lipponen from September 2000 to April 2003. He was elected chairman of the National Coalition Party (Kokoomus) in 2001. Following his resignation as party leader in 2004, he was succeeded by Jyrki Katainen.
Education
Itälä obtained a Master in Law from Turku University, in Finland, and a Master in Law with court training from Vehmaa District Court.
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WIKI
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J Cancer 2020; 11(2):353-363. doi:10.7150/jca.32850 This issue Cite
Research Paper
Depletion of CDC5L inhibits bladder cancer tumorigenesis
Ziwei Zhang*, Weipu Mao*, Longsheng Wang*, Mengnan Liu, Wentao Zhang, Yuan Wu, Junfeng Zhang, Shiyu Mao, Jiang Geng, Xudong Yao
Department of Urology, Shanghai Tenth People's Hospital, Tongji University, Shanghai 200072, P. R. China.
* Contributed equally.
Citation:
Zhang Z, Mao W, Wang L, Liu M, Zhang W, Wu Y, Zhang J, Mao S, Geng J, Yao X. Depletion of CDC5L inhibits bladder cancer tumorigenesis. J Cancer 2020; 11(2):353-363. doi:10.7150/jca.32850. https://www.jcancer.org/v11p0353.htm
Other styles
File import instruction
Abstract
Cell division cycle 5-like (CDC5L) protein is a cell cycle regulator of the G2/M transition and has been reported to participate in the catalytic step of pre-messenger RNA (mRNA) splicing and DNA damage repair. Recently, CDC5L was also found to act as a candidate oncogene in osteosarcoma and cervical tumours. However, the role of CDC5L expression in bladder cancer remains unclear. Here, we analysed the expression and clinical significance of CDC5L in bladder cancer tissues. The expression of CDC5L in fresh bladder cancer tissues and paraffin-embedded slices was evaluated by western blot and immunohistochemistry, respectively. We found that CDC5L was highly expressed in bladder cancer. The expression of CDC5L was significantly associated with bladder cancer pathology grade and Ki67 expression. Univariate and multivariate analyses showed that high CDC5L expression was an independent prognostic factor for the survival of bladder cancer patients. To determine whether CDC5L could regulate the proliferation of bladder cancer cells, we transfected bladder cancer cells with an interfering RNA targeting CDC5L and then investigated cell proliferation with a cell counting kit (CCK)-8, flow cytometry assays, colony formation and xenograft assay analyses. Our results indicate that knockdown of CDC5L inhibits proliferation of bladder cancer cells. In addition, reduced expression of CDC5L induced apoptosis of bladder cancer cells and inhibited their migration, invasion and EMT. These findings suggest that CDC5L might play an important role in bladder cancer and thus be a promising therapeutic target of bladder cancer.
Keywords: CDC5L, bladder cancer, tumorigenesis.
Citation styles
APA
Zhang, Z., Mao, W., Wang, L., Liu, M., Zhang, W., Wu, Y., Zhang, J., Mao, S., Geng, J., Yao, X. (2020). Depletion of CDC5L inhibits bladder cancer tumorigenesis. Journal of Cancer, 11(2), 353-363. https://doi.org/10.7150/jca.32850.
ACS
Zhang, Z.; Mao, W.; Wang, L.; Liu, M.; Zhang, W.; Wu, Y.; Zhang, J.; Mao, S.; Geng, J.; Yao, X. Depletion of CDC5L inhibits bladder cancer tumorigenesis. J. Cancer 2020, 11 (2), 353-363. DOI: 10.7150/jca.32850.
NLM
Zhang Z, Mao W, Wang L, Liu M, Zhang W, Wu Y, Zhang J, Mao S, Geng J, Yao X. Depletion of CDC5L inhibits bladder cancer tumorigenesis. J Cancer 2020; 11(2):353-363. doi:10.7150/jca.32850. https://www.jcancer.org/v11p0353.htm
CSE
Zhang Z, Mao W, Wang L, Liu M, Zhang W, Wu Y, Zhang J, Mao S, Geng J, Yao X. 2020. Depletion of CDC5L inhibits bladder cancer tumorigenesis. J Cancer. 11(2):353-363.
This is an open access article distributed under the terms of the Creative Commons Attribution License (https://creativecommons.org/licenses/by/4.0/). See http://ivyspring.com/terms for full terms and conditions.
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ESSENTIALAI-STEM
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Crime Scene - Montgomery man convicted of murder after plunging knife into wife's back
Crime & Justice More Links Raw emotion got the better of Claude Harrison on August 10th. He snapped. He did an awful, awful thing. And those were the words of his defense attorney. Harrison, 49, was convicted of first-degree murder Wednesday for killing his wife last summer inside their Silver Spring apartment. He stabbed Lamour A. Harrison, 37, five times while stalking her from room to room, according to prosecutors. The evidence was so strong that Harrison's attorney, Brian D. Shefferman, was left to argue that Harrison's actions didn't amount to premeditated murder, but to a less serious crime. The whole attack lasted perhaps 20 to 30 seconds. To establish premeditation, though, prosecutors don't have to show the defendant engaged in weeks or even minutes of planning. They can argue that the amount of time someone takes to weigh whether to kill or not need only be a matter of seconds. And in cases like Harrison's, when someone is accused of stabbing or shooting repeatedly, prosecutors will argue that the second, third or fourth attacks are themselves a matter of premeditation because the defendant had a chance to stop but didn't. The elements of the Harrison case were indeed awful. Armed with a 12-inch knife, Harrison delivered two wounds that were 7 and 8 inches deep – doing so in front of the couple's daughter, Shanoy, who tried to lift her father off of her mother. Shanoy was about to go start a new life in college at Frostburg State University before that life was shattered. The couple had had arguments in the past. This clearly was not Claude Harrison's normal way of dealing with stress and problems, and marital strife, Shefferman said in his closing argument. An experienced courtroom attorney, Shefferman is acting as the chief public defender in Montgomery County, and may soon take the top job, which has been vacant since Paul DeWolfe left to be in charge of all public defenders in Maryland. What he did was completely wrong ... We know that, Shefferman said. But this was not a premeditated and deliberate act. It was the result of raw emotion and frustration. Once he got control of that knife, he clearly lost control. Prosecutor Peter Feeney, in his closing argument, described how Harrison had talked in the past about hurting his wife. And on the day he killed her, his deliberate actions went well beyond a one-time snap, starting with his selection of the knife, Feeney said. He's looking for a knife that's going to get the job done, Feeney said, describing what must have been going through Harrison's head. There's a butter knife. I don't want that. There's a regular steak-knife. I don't want that. There's a knife that you would use to chop an onion. That's not big enough. I want this. I want this. This is going to get the job done. Feeney held the knife up for jurors – 12 inches in total length, with an 8-inch blade. He hunts her down, ladies and gentlemen, Feeney said. He described Claude Harrison's first assault, in a bedroom. He told jurors about what witnesses heard his wife say. He forces his way in. 'Why are you following me? What are you going to do?' Feeney said. And he plunges the knife into her back. Harrison then followed his badly wounded wife into the kitchen. This is a horribly intimate picture. This is horrific. Dad and mom, Shanoy watching. He takes the knife, and if there's any question at all in your mind about premeditation, after the kitchen incident there ought not to be. He's talking to her. He's talking to his wife. ... And she says to him, 'Please, please.' His response – I mean she's begging, she's begging, begging – his response: 'Please what?' Lamour Harrison eventually fell to the floor dying. Her daughter, Shanoy, bent over, sobbing hysterically. Claude Harrison started to repeat that he wasn't a bad person, and was still inside the apartment when police arrived about three minutes later. -- Dan Morse By Dan Morse | February 25, 2010; 2:20 PM ET Categories: Dan Morse , Montgomery Save & Share: Previous: Man shot at Prince George's pharmacy Next: Fairfax hit-and-run victim identified and now you, dear tax payers, get to pay for his room and boarding. maybe even his smokes. Posted by: FiatBooks | February 25, 2010 3:31 PM | Report abuse To my knowledge, there is no such thing as snapped in psychology - rarely does one snap and kill someone else - often, there is pychological abuse, bullying, threats, etc. It's time for the professionals to stop using this term, esp to describe domestic violence - it's rarely a one-time event - more often, it's a form of continuous torture, threats and abuse. It's time society put more effort into this form of domestic terrorism than it does to our purported enemies abroad. Domestic violence, like this case illustrates, is horrific - and often witnessed by children and teens. It's time we acknowledge its severity and decide not to accept it any longer. Posted by: joanied | February 25, 2010 7:59 PM | Report abuse The comments to this entry are closed.
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NEWS-MULTISOURCE
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Beekeeping is considered among the oldest activities of man.Because it has had many gradual changes over the years, people can see just how far it has come and how long it has been around.Although bees have been in existence for many years now, it was much easier to keep them years back as opposed to how it is today.
In order to understand the importance of bees to the environment, we can look at the benefits of bees to many people all over the world for years gone by.According to many cave paintings and drawings, people in parts of Spain and Africa started collecting honey and keeping bees more than 15,000 years ago.
Bees were mainly kept because the produced honey, which was used as a source of food.It was used for sweetening drinks and foods and making anti-bacterial agents as well as wine.Other than honey, bees produce wax, which made medicine, glue and candles as well as a popular traditional drink called mead.
Bees could only be found in certain areas like the forests or other isolated places.To make the process of collecting honey and wax easier, people decided to build their own beehives in order to have the bees there when they needed them.History dictates that Egypt was one of the places that made the initial beehives, which were made out of anything that could create dark compartments where the bees would work.
The Ancient Greek and the Romans are other civilizations also referenced to have made beehives many years ago.This practice was necessitated by the fact that collecting honey from wild hives normally meant that they were destroyed every time honey was collected.
The first renowned man-made hive was made by an Italian Immigrant who lived in America.He says he drew his inspiration from a book that was published in the early 1850’s and understood the distances that bees leave on the honeycombs when creating them.This knowledge made it much easier for him to create hives that worked and it evolved into the modern hives commonly used today.
The honeycombs were made in a way that they could come out of the hive for inspection then put back in without breaking apart.With that, colonies and hives would no longer be destroyed after collecting honey.Over the years, people came up with ways and discovered techniques to enable bees produce honey and affect the environment positively through pollination.
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FINEWEB-EDU
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my $ones; $ones = ll_new(1, memoize(sub { $ones })); my $integers; $integers = ll_new(0, memoize(sub { ll_add($ones, $integers) })); sub multiples { my $n = shift; return ll_map( sub { $n * $_[0] }, $integers ); } sub challenge { return [] unless @_; my $x = shift; my $out; $out = merge( multiples($x), challenge(@_) ); return $out; } my @first_200 = take( 200, challenge(2, 3, 5) ); print "@first_200\n"; #### 0 2 3 4 5 6 8 9 10 12 14 15 16 18 20 21 22 24 25 26 27 28 30 32 33 34 35 36 38 39 40 42 44 45 46 48 50 51 52 54 55 56 57 58 60 62 63 64 65 66 68 69 70 72 74 75 76 78 80 81 82 84 85 86 87 88 90 92 93 94 95 96 98 99 100 102 104 105 106 108 110 111 112 114 115 116 117 118 120 122 123 124 125 126 128 129 130 132 134 135 136 138 140 141 142 144 145 146 147 148 150 152 153 154 155 156 158 159 160 162 164 165 166 168 170 171 172 174 175 176 177 178 180 182 183 184 185 186 188 189 190 192 194 195 196 198 200 201 202 204 205 206 207 208 210 212 213 214 215 216 218 219 220 222 224 225 226 228 230 231 232 234 235 236 237 238 240 242 243 244 245 246 248 249 250 252 254 255 256 258 260 261 262 264 265 266 267 268 270 272
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ESSENTIALAI-STEM
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Page:The Zoologist, 3rd series, vol 1 (1877).djvu/391
Rh Asinus fossilis, Bison minor, Bos longifrons, and, according to the late Mr. Bellamy, Mammoth and Hippopotamus (see Nat. Hist, of S. Devon, 1839, p. 82). With regard to Hippopotamus, I can only say that I have never met with satisfactory evidence of its occurrence in Devonshire; but the Mammoth was certainly found at Oreston in 1858; and, unless I am greatly in error, remains of Rhinoceros tichorhinus were also met with there, and lodged by me in the British Museum. It may be added that the skull and other relics of a Hog were exhumed on that occasion, and now belong to my collection. There was nothing to suggest that the cavern had been the home of the Hyæna; and whilst I fully accept Dr. Buckland's opinion that animals had fallen into the open fissures and there perished, and that the remains had subsequently been washed thence into the lower vaultings" (Reliq. Dil., 2nd ed. 1834, p. 78), I venture to add that some of the animals may have retired thither to die; a few may have been dragged or pursued there by beasts of prey; whilst rains, such as are not quite unknown in Devonshire in the present day, probably washed in some of the bones of such as died near at hand on the adjacent plateau. Nothing appears to have been met with suggestive of human visits.
Kent's Hole.—About a mile due east from Torquay Harbour and half a mile north from Torbay there is a small wooded limestone hill, the eastern side of which is, for the uppermost 30 feet, a vertical cliff, having at its base, and 54 feet apart, two apertures leading into one and the same vast cavity in the interior of the hill, and known as Kent's Hole or Cavern. These openings are about 200 feet above mean sea-level, and from them the hill slopes rapidly to the valley at its foot, at a level of from 60 to 70 feet below. There seems to be neither record nor tradition of the discovery of the cavern. Richardson, in the 8th edition of 'A Tour through the Island of Great Britain,' published in 1778, speaks of it as "perhaps the greatest natural curiosity" of the county; its name occurs on a map dated 1769; it is mentioned in a lease 1659; visitors cut their names and dates on the stalagmite from 1571 down to the present century; judging from numerous objects found on the floor, it was visited by man through mediæval back to pre-Roman limes; and, unless the facts exhumed by explorers have been misinterpreted, it was a human home during the era of the Mammoth and his contemporaries. In 1824 Mr. Northmore, of Cleve, near Exeter, was led to make a few diggings in the cavern, and was the first to
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WIKI
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The following fire-and-forget approach is okay for throw-away operations (as opposed to business-critical operations). If we are okay with missing a few messages, an example of a throw-away operation is writing an error to a log.
Run it in DotNetFiddle.
using System;
using System.Threading.Tasks;
public class Program
{
public static void Main()
{
var task = WriteToLogAsync();
Console.WriteLine("The exception goes unnoticed");
Task.Delay(500);
var message = task.Exception.InnerExceptions[0].Message;
Console.WriteLine(message); // This exception is lost.
}
public static async Task WriteToLogAsync()
{
System.Console.WriteLine("Trying to write to the log");
await Task.Yield();
throw new Exception("This exception is lost");
}
}
We will not know whether WriteToLogAsync() has completed or has thrown an exception. The lost exception will not cause any problems; it will simply happen outside our awareness. This is fine for truly throw-away operations.
For business critical fire-and-forget operations, a more complex approach is necessary.
Related:
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ESSENTIALAI-STEM
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Consume tweets through Kafka and push to Elastic
<code>[[email protected] ~]$ cat tweet_producer.py
"""
-----------------------------------------------------------------------------------------------------
Author: Steve Howard
Date: February 13, 2019
Purpose: Simple Kafka producer which consumes tweets and enqueues in topic
Kafka Connect has a connector for Twitter, this is just a plumbing POC
-----------------------------------------------------------------------------------------------------
"""
from TwitterAPI import TwitterAPI
import sys, json, datetime
from json import dumps
from kafka import KafkaProducer
term = sys.argv[1]
producer = KafkaProducer(bootstrap_servers=['localhost:9092'],
value_serializer=lambda x: dumps(x).encode('utf-8'))
api = TwitterAPI("*****",
"*****",
"*****",
"*****")
r = api.request('statuses/filter', {'track': term})
try:
for item in r:
doc = {
'author': item['user']['screen_name'],
'id': item['id'],
'text': item['text'],
'timestamp': item['timestamp_ms']
}
print(str(datetime.datetime.now().timestamp()) + '\t' + str(doc))
producer.send('tweets', value=doc)
producer.flush()
except KeyboardInterrupt:
sys.exit(0)
[[email protected] ~]$ cat tweet_consumer.py
"""
-----------------------------------------------------------------------------------------------------
Author: Steve Howard
Date: February 13, 2019
Purpose: Simple Kafka consumer which progates tweets dequeued from topic to ElasticSearch
Kafka Connect has a connector for Elastic, this is just a plumbing POC
-----------------------------------------------------------------------------------------------------
"""
from datetime import datetime
from elasticsearch import Elasticsearch
from kafka import KafkaConsumer
from json import loads
import time, sys, signal, datetime
es = Elasticsearch("https://****:****@kafkapoc-7051606219.us-east-1.bonsaisearch.net")
consumer = KafkaConsumer(
'tweets',
bootstrap_servers=['localhost:9092'],
auto_offset_reset='latest',
value_deserializer=lambda x: loads(x.decode('utf-8')))
#enable_auto_commit=True,
#group_id='my-group',
try:
for message in consumer:
res = es.index(index="tweets", doc_type='tweet', id=message.value['id'], body=message.value)
print(str(datetime.datetime.now().timestamp()) + '\t' + str(message.value))
except KeyboardInterrupt:
sys.exit(0)
[[email protected] ~]$</code>
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ESSENTIALAI-STEM
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Wikipedia:Articles for deletion/Amp Beats
The result was delete. —Tom Morris (talk) 15:38, 15 June 2013 (UTC)
Amp Beats
* – ( View AfD View log Stats )
Time to put this one to rest: speedied twice already, and no more notable now than it was a few days ago. There's nothing but some vague claims to fame and a bunch of hits on mixtape websites: not a notable outfit. Perhaps SALT will go well with deletion. Drmies (talk) 02:35, 8 June 2013 (UTC)
* Delete. I found nothing to indicate that an encyclopedia article is appropriate. --Michig (talk) 06:20, 8 June 2013 (UTC)
* Note: This debate has been included in the list of Music-related deletion discussions. Sir Rcsprinter, Bt (confer) @ 08:06, 8 June 2013 (UTC)
* Note: This debate has been included in the list of New York-related deletion discussions. Sir Rcsprinter, Bt (deliver) @ 08:06, 8 June 2013 (UTC)
* Delete. Fails WP:MUSICBIO and WP:GNG. STATic message me! 15:40, 8 June 2013 (UTC)
* Delete - There are no reference in the article although I suppose the huge list of external links is meant to serve as one. I did not see a single reliable source in that list of links nor could I find one myself. -- Whpq (talk) 18:44, 10 June 2013 (UTC)
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WIKI
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Create a Group
Learn how to create a group.
Create a Group
In other words, as a logged-in user, how do I create a public, private or password-protected group?
You can create a group using createGroup() method. This method takes a Group object as input.
To create an object of Group class, you can use either of the below two constructors:
1. new Group(String GUID, String name, String groupType, String password)
2. new Group(String GUID, String name, String groupType, String password, String icon, String description)
The groupType needs to be either of the below 3 values:
1.CometChatConstants.GROUP_TYPE_PUBLIC (public)
2.CometChatConstants.GROUP_TYPE_PASSWORD (password)
3.CometChatConstants.GROUP_TYPE_PRIVATE (private)
For more information on the group class, please check here
private String GUID = "GUID";
private String groupName = "Hello Group!";
private String groupType = CometChatConstants.GROUP_TYPE_PUBLIC;
private String password = "";
Group group = new Group(GUID, groupName, groupType, password);
CometChat.createGroup(group, new CometChat.CallbackListener<Group>(){
@Override
public void onSuccess(Group group) {
Log.d(TAG, "Group created successfully: " + group.toString());
}
@Override
public void onError(CometChatException e) {
Log.d(TAG, "Group creation failed with exception: " + e.getMessage());
}
});
val GUID:String="GUID"
val groupName:String="Hello Group"
val groupType:String=CometChatConstants.GROUP_TYPE_PUBLIC
val password:String=""
val group=Group(GUID,groupName,groupType,password)
CometChat.createGroup(group,object :CometChat.CallbackListener<Group>(){
override fun onSuccess(p0: Group?) {
Log.d(TAG, "Group created successfully: " + p0?.toString())
}
override fun onError(p0: CometChatException?) {
Log.d(TAG, "Group creation failed with exception: " + p0?.message)
}
})
The createGroup() method takes the following parameters:
Parameter
Description
group
An instance of Group class
After the successful creation of the group, you will receive an instance of Group class which contains all the information about the particular group.
🚧
GUID can be alphanumeric with underscore and hyphen. Spaces, punctuation and other special characters are not allowed.
Group Class
Field
Editable
Information
guid
Needs to be specified at group creation. Cannot be edited later
A unique identifier for a group
name
Yes
Name of the group
type
No
Type of the group: Can be
1. Public
2. Password
3. Private
password
No
Password for the group in case the group is of type password.
icon
Yes
An URL to group icon
description
Yes
Description about the group
owner
Yes
UID of the owner of the group.
metadata
Yes
Additional data for the group as JSON
createdAt
No
The unix timestamp of the time the group was created
updatedAt
No
The unix timestamp of the time the group was last updated
hasJoined
No
A boolean to determine if the logged in user is a member of the group.
joinedAt
No
The unix timestamp of the time the logged in user joined the group.
scope
Yes
Scope of the logged in user. Can be:
1. Admin
2. Moderator
3. Participant
membersCount
No
The number of members in the groups
tags
Yes
A list of tags to identify specific groups.
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ESSENTIALAI-STEM
|
Modern Web Development Frameworks and Languages
Overview of Modern Web Development Frameworks and Languages
Web development is crucial in our technology-driven world, providing an opportunity for businesses to showcase their products and services in the most interactive way possible. Over the years, web development frameworks and languages have evolved greatly, necessitating the need for developers to keep up with the changes. In this article, we will discuss some of the modern web development frameworks and languages that developers should consider when building modern and robust web applications. Our goal is to deliver a comprehensive learning experience. Access this carefully selected external website and discover additional information about the subject. Discover this in-depth article.
React
React is a JavaScript library used for building user interfaces, and it has gained enormous popularity in recent years. This popularity can partly be attributed to its simplicity and scalability, making it easier for large teams to work together efficiently. The framework also has a considerable community of developers and resources available online, enabling users to find support in case they encounter difficulties when using React.
Angular
Angular is a front-end framework developed and maintained by Google. It allows developers to build dynamic, modern web applications in a faster and structured manner. Angular has many features that enhance developers’ productivity, such as its ability to handle dependencies and use pre-compilers. Angular is an excellent choice for creating high performance, enterprise-level web applications.
Vue
Vue is a progressive JavaScript framework used for developing web interfaces. It is a lightweight framework that can easily be integrated into a project’s code. Vue is known for its simplicity and ease of use, making it easier for developers to develop fast and scalable applications with minimal difficulties. Vue’s popularity is growing fast, making it a reasonable choice for developers looking to try out something new.
Laravel
Laravel is an open-source PHP web application framework used for developing robust, scalable web applications. Known for its expressive syntax and vast community, Laravel simplifies web development by providing many pre-built features that enable developers to save time and improve productivity. Laravel is used for building complex web applications, and it is an excellent choice for developers who develop with PHP.
Django
Django is a high-level Python web framework that focuses on rapid development and clean, pragmatic design. Developed to take the pain out of building complex, database-driven websites, Django features many built-in features, including authentication, URL routing, and templating. With Django, developers can focus on writing their applications’ business logic instead of reinventing the wheel.
Conclusion
Web development frameworks and languages have significantly evolved in recent years, which has made web development easier, faster, and more efficient. Choosing the best framework or language for your project is essential in ensuring fast, scalable, and high-performing applications. As such, developers should always consider the types of applications they want to build before choosing the most suitable framework or language to use. Eager to continue investigating the subject? kompak.or.id, we’ve selected this for your further reading.
Discover more about the topic by visiting the related posts we’ve set aside for you. Enjoy:
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Investigate here
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ESSENTIALAI-STEM
|
Intune – Rename Device
In this post we will discuss the ways we can rename a device or a group of devices though Intune. We will see two ways:
• one from within Intune Portal that we will use to rename a device and
• one through a remediation script which will be used to rename multiple devices
For the first way we have to locate the wanted device in Intune portal and select Properties. Then click Rename and enter the new name. Here we can also use tokens that indicate device specific characteristics such as {{serialnumber}} or {{rand:x}}.
After we have entered the new name and pressed Rename, a new device action will be shown in the device actions blade, that indicated the rename action we just performed. At the next sync the device will receive the rename action and after a restart the new name will appear.
This is a very convenient way to rename one or two devices, but what happens when someone wants to rename 100+ devices. For this a remediation script that is deployed to the endpoints and perform a rename can be used. Let’s create a script that adds a prefix at each device (e.g. EC from Example Company) and the serial of each device. The final result should be something like ECME47858913025. Of course we can extend this to contain every possible information that we can get from the device such as manufacturer etc.
The general idea is:
• Create the wanted device name (either via a predefined rule or via a device based attribute)
• Execute the Rename-Device cmdlet to rename the device
A very simple approach to this is shown below. In a production environment it is better to use the serial number of the device in the name for better identification and search. By using the serial number we can deploy the below script as a Remediation script that will be ran once a day/week or whenever we want.
We can also extend the script by adding custom logs as described here.
# This is the initials of the organization's name: Example Company -> EC
$prefix = "EC"
# Get the serial using Get-WmiObject
$serial = (Get-WmiObject win32_bios | select Serialnumber).Serialnumber
# Create the final name by concatenating the prefix and the serial
$finalName = $prefix + $serial
# Remove spaces
$finalName = $finalName.replace(' ','')
# here we have to be careful because NETBIOS allows only a 15 digit name a best practice is to keep that # in mind and keep only the first 15 chars of each name. In the majority of the cases, longer names will # not create a problem
$finalName = $finalName.Substring(0,15)
Rename-Computer -NewName $finalName
The detection script will do everything, no need for remediation script here. If we would like to extend this further, we could check in the detection part if the device name matches a specific pattern (e.g. defined prefix + serial number) and if not then execute the remediation part.
After that the script will be deployed to the endpoints and perform the rename (a restart is still required).
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ESSENTIALAI-STEM
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Talk:Mehmet Aslantuğ
He is of Circassian origin
He says so himself: link. --Mttll (talk) 11:13, 21 December 2013 (UTC)
* Read RS. Lugnuts Dick Laurent is dead 11:16, 21 December 2013 (UTC)
* What does it have to do with anything though? --Mttll (talk) 14:06, 21 December 2013 (UTC)
* It's a policy directly relating to this. Lugnuts Dick Laurent is dead 18:01, 21 December 2013 (UTC)
* I didn't publish that video. In any event, the video quotes the actor himself. I realize passages from Youtube aren't normally cited in Wikipedia, but then this is such an insignificant matter which makes me wonder why you are even here. --Mttll (talk) 22:25, 21 December 2013 (UTC)
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WIKI
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Wikipedia:Articles for deletion/Rohan Healy
The result was delete. Joyous! | Talk 00:06, 28 November 2016 (UTC)
Rohan Healy
* – ( View AfD View log Stats )
Fails to demonstrate eligibility under WP:MUSBIO. MUSBIO#1 expects the topic to be "subject of multiple, non-trivial, published works [..that are..] not self-published, and are independent of the musician". Not the case here. Most supporting texts are self-published, or trivial (subject gets a "passing mention" when another topic is the primary subject of the supporting text). MUSBIO#2 or #3 expect chart position or major sales (not case here either). In general, neither GNG nor MUSBIO seem to be met. (While there are mentions of the subject in [for example] news articles, the primary topic of those articles are invariably about something else. This type of coverage generally fails WP:TRIVIAL - and is particularly problematic relative to WP:INVALIDBIO and WP:INHERITED. Specifically, just because we find small amounts of coverage which say things like "A is a member of BANDX", or "A is child of MUSICIANY", that doesn't make "A" independently notable). At best redirect to the article on the which the subject is a member. (When discussing this nom, I would note that WP:BLPKINDNESS likely applies).Guliolopez (talk) 23:45, 20 November 2016 (UTC)
* Note: This debate has been included in the list of Ireland-related deletion discussions. Guliolopez (talk) 23:47, 20 November 2016 (UTC)
* Note: This debate has been included in the list of Bands and musicians-related deletion discussions. Guliolopez (talk) 23:47, 20 November 2016 (UTC)
* Delete Fails WP:MUSBIO -- HighKing ++ 16:29, 23 November 2016 (UTC)
* Delete and it's quite simple, as literally everything here is only for the group itself as are the sources so there's simply nothing for independennce, hence no article. SwisterTwister talk 03:38, 24 November 2016 (UTC)
* Delete Lacks the necessary sources to establish notability. → Call me Razr Nation 23:19, 27 November 2016 (UTC)
* Delete, fails WP:GNG. BlackJackPlayer (talk) 23:20, 27 November 2016 (UTC)
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WIKI
|
sendSms method
It is a method for easy sending the one SMS to one or several recipients.
Maximum number of numbers to send SMS: 150 per call.
Principle of use
Syntax and URL to call the method
sendSms (string phone, string sender, string text)
Example with a single phone number: https://api.selzy.com/en/api/sendSms?format=json&api_key=KEY&phone=TO&sender=FROM&text=TEXT
Example with several phone numbers: https://api.selzy.com/en/api/sendSms?format=json&api_key=KEY&phone=PHONE1,PHONE2&sender=FROM&text=TEXT
Arguments
api_key * API access key.
phone * Recipient's phone number in the international format with the country code (the initial «+» may be omitted). Example:
phone=79092020303
You can specify several recipients' numbers separated by commas.
The maximum number of phone numbers per call: 150.
Example:
phone=79092020303,79002239878
sender * Sender – registered sender name (alpha name). A string can contain from 3 to 11 Latin letters or figures and letters. Special characters, such as dot, hyphen, dash and some others, can also be used.
To send an SMS message, the alpha name must be registered according to the procedure.
Example:
sender=MyCompany
text * Message text, up to 1000 characters. Type substitution characters are ignored. Example:
text=Hello,+it's+a+test+message
text=SMS-%D1%81%D0%BE%D0%BE%D0%B1%D1%89%
D0%B5%D0%BD%D0%B8%D0%B5%2C
Return value
In the case of sending to one number, the return value is a JSON object. If multiple phone numbers are specified, the return value is an array of JSON objects. Fields making up a JSON object:
currency Three-letter international currency code, in which the message price was calculated (USD). The currency matches your account currency (USD, EUR, UAH).
price Price in the currency, number with decimal point.
sms_id Unique numeric message code. It can be used to control the delivery using the checkSms method.
When this method is called, its specific error codes can be returned:
Error codes
dest_invalid Delivery is impossible, the recipient's phone number is incorrect.
src_invalid Delivery is impossible, the sender argument (the sender field) is incorrect.
invalid_arg Delivery is impossible, the sender argument is incorrect (alpha name is not registered).
has_been_sent SMS has already been sent to this recipient The allowed interval between two sendings is 1 minute.
unsubscribed_globally The recipient has been unsubscribed globally.
Example of forming the URL request
https://api.selzy.com/en/api/sendSms?format=json&api_key=KEY
&phone=79998887766&sender=MyCompany&text=Hello,+World!
— send the message "Hello, World" to the number +7999887766 with the sender's name MyCompany.
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ESSENTIALAI-STEM
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User:Mcdonaat/Newsletters
USRD WikiProject Newsletter, Winter 2012
* — Imzadi 1979 → 22:08, 4 February 2012 (UTC)
USRD WikiProject Newsletter, Spring 2012
* — Imzadi 1979 → 00:13, 1 May 2012 (UTC)
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WIKI
|
The Holistic Strategy to Weight problems
Weight problems is at epidemic ranges within the US. Practically 78 million adults and 13 million kids are overweight in the US. Weight problems is outlined as being not less than 20% chubby and/or having a BMI of 30 or greater. Weight problems is harmful from a well being perspective. It results in coronary coronary heart illness, stroke, kind 2 diabetes, most cancers, hypertension and despair.
The standard method to weight problems is to vary weight-reduction plan and train. The aim of the change is to devour much less energy by weight-reduction plan and to burn extra energy by train. The standard method additionally consists of surgical procedure and liposuction.
The holistic method additionally focuses on weight-reduction plan and train, however goes past calorie counting and calorie burning. The holistic method focuses on the forms of meals being consumed and distinguishes between forms of energy. Not all energy are the identical. The holistic method additionally focuses on vitamin and vitamins, detoxing, stress discount, emotional steadiness and revving up the physique’s metabolism and effectivity. The standard method treats all energy the identical and doesn’t take care of stress and emotional points and the way they set off stress consuming and weight problems.
The holistic method distinguishes between the energy in manufactured, processed and junk meals, on the one hand, and the energy in entire meals, alternatively. A calorie shouldn’t be a calorie. The energy in processed, manufactured and junk meals and refined sugar lead to way more physique fats. They spike blood sugar ranges and don’t burn off as simply as these energy in entire meals.
The holistic method to weight problems begins with the elimination of processed, manufactured and junk meals and refined sugar and starches. Most processed and packaged meals comprise excessive fructose corn syrup, a type of refined sugar. The holistic method appears to be like at meals as a supply of gasoline and vitamin for good well being
The holistic weight-reduction plan for weight problems consists of entire meals (i.e., greens, fruit, nuts, seeds and entire grains (and for many who usually are not vegan or vegetarian, some eggs, mild meat and fish for protein- however very restricted animal-based protein corresponding to meat, dairy and eggs as a result of they comprise a number of excessive calorie saturated fats that reinforces dangerous, LDL ldl cholesterol). For vegans and vegetarians, there may be loads of protein in greens, nuts, seeds, entire grains and legumes. Additionally, you will get wanted good fats from a restricted quantity of animal-based fat from further virgin olive oil, coconut oil, coconut, avocados, nuts and seeds Best CBD oil
Natural and uncooked is best-i.e., salads, juices and smoothies. Put together your individual dressings in your salads. Use vinegar, avocado and citrus for salad dressings. Eat a number of darkish inexperienced leafy greens corresponding to spinach, kale, arugula and Swiss chard. It’s because natural is devoid of poisons that set off the physique’s era of fats cells mentioned under. Uncooked ensures that you’re maximizing the vitamin, life drive and water/oxygen out of your meals. When you are dropping pounds, eat loads of protein to construct up muscle tissue. Muscle tissue burns fats cells. You’ll be able to enhance your consumption of protein with protein powder blended in almond milk or water.
The holistic method to weight problems eliminates fried meals. It eliminates or significantly reduces dairy, as a result of dairy is extremely caloric and poisonous (if not natural). Dairy is fatty. However, the physique wants fat. One of the best fat to eat are plant-based fat corresponding to avocado, coconut and further virgin olive oil and coconut oil, nuts, seeds and entire plant based mostly oil. These plant-based fat are nonetheless extremely caloric and must be restricted. However, they’re much extra simply digested and metabolized by the physique. Additionally, for good fat that the physique wants, take Omega three, 6 and 9 fatty acids from fish oil and hemp oil dietary supplements and coconut oil.
Put together your individual meals as a lot as potential. Keep away from eating places as a lot as potential while you’re attempting to drop pounds. The meals in eating places are largely non-organic and are sometimes loaded with fats and sugar. Breakfast must be your largest meal, adopted by lunch and dinner (your smallest meal).
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ESSENTIALAI-STEM
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Apple Music picks up Carpool Karaoke as a standalone series – TechCrunch
So, here’s something I wasn’t expecting: Those Carpool Karaoke segments on James Corden’s Late Late Show are being turned into a standalone show — a show that’s been picked up by Apple Music. According to a number of stories in the Hollywood press, Apple will be airing 16 episodes, one each week, and they’ll be available worldwide through its subscription music service. Neither the premiere date nor the host (it probably won’t be Corden) have been announced. This doesn’t seem quite as weird when you remember that Apple has been ramping up its investments into original video content, including a new reality show called Planet of the Apps. At the same time, the Lip Sync Battle segments from Jimmy Fallon’s Tonight Show have also been spun out into a show of their own on Spike. And Carpool Karaoke is definitely Corden’s breakout hit, particularly online. For example, a segment with Michelle Obama (with a surprise guest) already has 32 million views on YouTube after less than a week. Update: An Apple spokesperson sent me the announcement, including the following statement from Eddy Cue, Apple’s senior vice president of Internet Software and Services: We love music, and Carpool Karaoke celebrates it in a fun and unique way that is a hit with audiences of all ages. It’s a perfect fit for Apple Music — bringing subscribers exclusive access to their favorite artists and celebrities who come along for the ride.
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NEWS-MULTISOURCE
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The NCLC and Lewis Hine
Children were also employed as trappers, with the responsibility of opening and closing the trap doors underground. The trap doors were an essential component of the ventilation system in the coal mine. Alone and in total darkness, the trappers had to wait until they heard the sound of an approaching mining car before opening the door to let it pass through. It was a depressing and lonely role which came with serious potential risk of injury should they not move out of the way in time or fall asleep in the darkness. Trappers were paid as little as 75 cents to a dollar for working a ten-hour shift.
While working in a coal mine might sound like a singular task, there were many roles these boys fulfilled. Some boys were hired as greasers, whose job it was to grease the axels of the coal cars. Others worked as couplers, whose job it was to link coal cars to one another forming a train, using a coupling chain. Spraggers were children who used long sticks to turn the spokes of the coal car’s wheels. This was a particularly dangerous job and sometimes these children suffered serious injuries from getting their limbs caught in the spokes. Other boys were employed as pickers or pikemen which involved laboring with a pickaxe hour after hour.
Children who worked in coal mines also faced death from explosions caused by a build-up of methane and carbon monoxide gas. Explosions caused the deaths of numerous children and adult miners – and in some cases, those who survived the initial explosion were killed by the resulting fire. The build-up of these gasses alone was enough to cause asphyxiation. Child miners also faced the danger of mining tunnels collapsing on top of them or around them, trapping them inside.
The National Child Labor Committee (NCLC) was founded in 1904 to promote awareness and the rights, dignity, wellbeing and education of children in the workforce. The NCLC hired American sociologist and photographer Lewis W. Hine to carry out investigative work and to take photographic evidence of the conditions in which children were working. As employers were reluctant to allow access to an investigative photographer, Hine assumed many different guises in order to gain entry to the different workplaces employing child labour. Between 1908-1924, Hine captured 5,100 photographic prints and 355 glass negatives, which often contained detailed captions relating to the subjects photographed. Hine’s work which was published by the NCLC and by newspapers of the time. It provided a detailed insight into the hardship endured by these children.
In large part to Hine’s work and that of the NCLC, the rights of these children and the necessary reforms were implemented, albeit haltingly. Laws were introduced which raised the minimum age that children were legally permitted to work in certain industries and working hours were reduced.
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FINEWEB-EDU
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Swedish Church Law 1686
The Swedish Church Law 1686 (Kyrkio-Lag och Ordning) was a Swedish law which (with some alterations) regulated the relationship between the state and the church in Sweden from 1686 until the Swedish Church Law 1992, as well as in Finland (earlier a Swedish province) until 1870. It replaced the previous Swedish Church Ordinance 1571.
History
During the reign of Charles X Gustav of Sweden, two suggestions were put forward to replace the Swedish Church Ordinance 1571: one by Olaus Laurelius, and one by Erik Emporagrius. In 1663, an investigation to change the law was formally issued, and in 1682, the two suggestions were merged. A commission was formed to process it, consisting mainly of bishops and superintendents, including Olof Svebilius, Haquin Spegel, Carolus Carlsson and Petrus Stjernman. Their revised proposal was adopted as the 1686 Church Law.
The Swedish Church Law 1686 abolished canon law and the Law of Uppland church charter. The state, represented by the monarch, by then the king of an absolute monarchy, was the head of the Church and thus had final say in matters of the Church, but there was to be no political administration or political bureaucracy between the monarch and the bishops of the Church. Attempts by the state to create an ecclesiastical office with political authority failed due to the resistance of the bishops and clergy.
Among the notable reforms introduced were the husförhör and the parish register. Henceforth, the parish vicar of every parish of the nation was obliged to conduct a husförhör ('household interview'), an annual survey of the religious knowledge of every household in the parish to ensure all parishioners' knowledge of the Bible and Luther's Small Catechism. A consequence of this was the need for every parishioner, regardless of age and sex, to know how to read, as it would be necessary to read the Bible and the catechism to pass the annual survey. Since the predecessor law from 1571, children's schools for reading, writing and counting had already been an obligation in the cities, but this law resulted in the need for every village and rural community to organise basic schooling for their children, normally by paying a läromäster ('school master') or läromoster ('schoolmadam') to hold lessons in the local vicarage, and from this point forward, illiteracy was close to eradicated in Sweden.
This law was in force until 1888. Furthermore, all parish vicars were also forced by law to keep a parish register and note every birth, baptismal and death in the parish.
The 1686 Swedish Church Law – with many changes and modernisations – was the standard for both the internal organisation of the Church of Sweden and its status under public law until 1 January 1993. Changes were made, for example, during the Age of Liberty, by Gustav III, through the 1809 Instrument of Government, the 1868 Church Council Regulation and the Dissenter Acts of 1860 and 1873. In the Grand Duchy of Finland, earlier a Swedish province, the law applied until the reformed church law of 1867 was passed by the Diet of Finland (enacted in 1870).
Doctrinal paragraph
Doctrine in Sweden was defined between 1686 and 1992 as follows:
With the 1686 Church Law, the rest of the Book of Concord was added to the older formulation from the Uppsala Synod, and until 1992 the following confessional writings were valid in Sweden:
* The Bible
* Apostles' Creed
* Nicene Creed
* Athanasian Creed
* Augsburg Confession of 1530
* Decision of the Uppsala Synod of 1593
* Book of Concord
Literature
* Kjöllerström, Sven: Kyrkolags problemet i Sverige 1571–1682. Samlingar och studier till Svenska kyrkans historia, 11. Stockholm: Svenska kyrkans diakonistyrelses bokförlag, 1944.
* Lizell, Gustaf – Lenfvén, Edv. (eds.): Kyrkolag og ordning af år 1686 jämte dithörande stadganden, som utkommit till den 1 jan. 1928. Stockholm 1928.
* Kyrkolag in the Nordisk familjebok (2nd ed., 1911).
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WIKI
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Under the Hood with a Top Formula One Mechanic
Under the Hood with a Top Formula One Mechanic
Table of contents
1. The Role of a Top Mechanic
2. Inside Pit Stops: An Organized Chaos
3. The Challenge Behind Maintaining Peak Performance
4. Tuning Vehicles For Different Tracks
Imagine the pulsing thrill of a Formula One race track, where state-of-the-art machines fiercely compete in an orchestrated ballet of speed and precision. In this high-octane world, every fraction of a second counts, making each component's performance crucial to victory. However, beyond the roar of engines and the flash of streamlined vehicles lies an equally fascinating side: The realm inhabited by top Formula One mechanics. These individuals are essential players behind the scenes, experts who manipulate metal beasts into finely tuned racing marvels. This article peels back layers underneath these monstrous machines' hoods to reveal insights about their workings and maintenance from professional perspectives.
The Role of a Top Mechanic
At the apex of the racing world, in the high-speed, high-stakes arena of Formula One, a top mechanic's role is multifaceted and invaluable. Their expert knowledge in vehicle setup adjustments is a fundamental aspect of team strategy, affecting crucial race outcomes. These professionals masterfully tailor the cars' specifications to adapt to a spectrum of track conditions across the globe. This adaptability can range from adjusting suspension stiffness to altering aerodynamic elements for optimum downforce.
Their contributions extend beyond the pit lane; they significantly enhance a team's performance on the track by employing advanced telemetry data analysis. This technology enables them to monitor a car's performance in real-time, providing invaluable insights to improve lap times. By interpreting complex data sets, they can tweak engine parameters, adjust fuel strategies, and fine-tune tire management. This analytical approach bolsters the reliability and speed of the race car, ensuring maximum performance throughout the race.
Therefore, a top mechanic in Formula One is not merely a fixer of problems, but a strategist, a technology expert, and a significant contributor to the team's success. Without their input, achieving optimal performance on the world's toughest race tracks would be near impossible.
Inside Pit Stops: An Organized Chaos
The significance of pit stops during races cannot be understated, particularly in the high-stakes world of Formula One racing. They serve as masterclass examples of teamwork under extreme pressure; a perfect blend of precision, efficiency, and coordination. In this high-octane environment, the difference between victory and defeat often hinges on the seamless performance of the pit crew. The pit stop, a carefully choreographed ballet of mechanics, is a study in pit stop efficiency as each team member must perform their role flawlessly under an extreme pressure situation.
The use of technical tools such as the torque wrench, a device used to apply a specific torque to a fastener such as a nut or bolt, is integral to the success of a pit stop. Mastery over this tool can shave off critical seconds during a tire change, thereby significantly improving the driver's chances of victory.
Team coordination plays a pivotal role in the success of a pit stop. The pit crew, acting as a single unit, must ensure all tasks are executed in unison. Any slight misstep can result in a costly delay, potentially setting back the team's race strategy.
In conclusion, a pit stop is far more than a simple pause for refueling and tire changes. It is a testament to the importance of teamwork and precision under pressure in the highly competitive environment of Formula One racing.
The Challenge Behind Maintaining Peak Performance
In the world of Formula One, a seasoned F1 engineer constantly grapples with the formidable task of sustaining peak vehicle proficiency amid races. The weather impact on the vehicle can cause considerable shifts in the car's performance, and dealing with these unpredictable elements is a key aspect of their job. A sudden downpour could cause slick conditions, requiring immediate tire changes, or high heat could affect the engine's cooling systems. The technical term for this is the drag coefficient, a measure of resistance an object faces when moving through a fluid like air or water, in this case, the race car moving through the track's atmosphere. Beyond weather, unforeseen technical issues can emerge at any point during the race. These could range from issues as simple as a loose bolt to more complex problems like engine malfunctions. Ensuring prompt and effective technical issue resolution is, therefore, an integral part of maintaining peak performance. The end goal remains the same – to ensure the vehicle runs smoothly, efficiently, and at maximum potential from start to finish.
Tuning Vehicles For Different Tracks
Formula One mechanics play an instrumental role in deciding the fate of a race and a major part of their expertise lies in tuning vehicles specifically for different tracks. Each global circuit carries unique characteristics, demanding a particular set of adjustments to a car's setup. These modifications are not merely obligatory, they are, in fact, pivotal to the drivers' strategies and performances.
A significant aspect of this custom tuning for tracks is achieving the optimal aerodynamic balance. This balance, both critical and complex, determines how well the vehicle navigates the straights and corners of various circuits. An adept Formula One mechanic, like our respected race car designer, understands that a perfect aerodynamic balance will enhance the car's speed and stability, consequently boosting the driver's confidence and performance during the race.
Moreover, the subtle art of tuning a vehicle to match the global circuit characteristics can sometimes be the deciding factor between victory and defeat. It's indeed a testament to the significance of a top Formula One mechanic's role in the demanding and highly competitive world of racing.
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Unveiling the Magic Behind Carbon Fiber Auto Accessories
When it comes to car accessories, one material stands out for its strength and aesthetics: carbon fiber. This lightweight, yet incredibly strong substance has revolutionized the automotive industry, offering both functionality and a sleek, modern look. But what really makes this material so special? And how are these auto accessories made? Let's peel back the layers and reveal the magic behind carbon fiber auto accessories. It is time to appreciate not only their end result but also the fascinating process that brings them into existence.The Allure of Carbon Fiber When it comes to auto accessories manufacturing, the charm of carbon fiber cannot be overstated. This remarkable material has become a preferred choice over others like metal or plastic, largely due to its unique properties....
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ESSENTIALAI-STEM
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Defozo Defozo - 1 year ago 76
Java Question
jOOQ - How to create a SQL query with WHERE having multiple conditions
I want to create a query which should work like this one:
SELECT
sensor_id,
measurement_time,
measurement_value
FROM
public.measurement_pm2_5
WHERE
(sensor_id = 1 AND measurement_time BETWEEN to_timestamp(123) AND to_timestamp(999999999999))
OR (sensor_id = 49 AND measurement_time BETWEEN to_timestamp(555) AND to_timestamp(556))
OR (sensor_id = 9 AND measurement_time BETWEEN to_timestamp(7654) AND to_timestamp(999999299347))
OR (sensor_id = 44 AND measurement_time BETWEEN to_timestamp(4252) AND to_timestamp(999949999348))
OR (sensor_id = 60 AND measurement_time BETWEEN to_timestamp(63452) AND to_timestamp(999998999349))
;
The number of
OR
s in this query may vary.
Is it even possible to build such a query using jOOQ with its type safe API or I have to create it manually using plain SQL?
I know that if there wouldn't be additional statement about
measurement_time
- different for every
sensor_id
- it would look like this:
Set<Integer> sensorIds = new HashSet<>();
sensorIds.add(1);
sensorIds.add(49);
sensorIds.add(9);
sensorIds.add(44);
sensorIds.add(60);
Timestamp startTime = new Timestamp(123L);
Timestamp endTime = new Timestamp(999999999999L);
try(java.sql.Connection conn = Connection.hikariDataSource.getConnection()) {
System.out.println("SQL = " + DSL.using(conn).select()
.from(MEASUREMENT_PM2_5)
.where(MEASUREMENT_PM2_5.SENSOR_ID.in(sensorIds))
.and(MEASUREMENT_PM2_5.MEASUREMENT_TIME.between(startTime, endTime))
.getSQL());
} catch (SQLException e) {
e.printStackTrace();
}
But unfortunately I have different timestamps for different
sensor_id
s.
fge fge
Answer Source
It is perfectly doable with JooQ.
You want to create a suitable Condition and plug it into your query.
The question is how to build a condition... And there are many ways to build one.
For instance:
final Condition c1 = someField.eq(someOtherField);
// or
final Condition c1 = someField.lessThan(someValue);
The way to obtain a Field reference depend on your setup.
Possibilites are endless; and then if you have two conditions c1 and c2, to build a condition c, you can:
final Condition c = c1.and(c2); // or c1.or(c2)
and plug that condition c into your final query.
If you use JooQ, chances are that you have generated the metadata code already, and if not, even with only the JDBC URL alone, JooQ can infer table and column names for you.
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ESSENTIALAI-STEM
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Zeroth Law of Thermodynamics
When two bodies A and B are separately in thermal equilibrium with a third body C, they are in thermal equilibrium with each other.
Internal energy: It is the sum of all forms of kinetic and potential energy of the system. It is the sum of the kinetic energy of motion of the molecules and the potential energy represented by the chemical bonds between the atoms and any other intermolecular forces.
Examples:
(i) In an ideal monoatomic gas, the internal energy is in the form of translational kinetic energy of the atoms.
(ii) in a plyatomic gas, the internal energy is in the form of translational, rotational and vibrational kinetic energy of the molecules.
(iii) In a liquid or solid, the internal energy is in the form of translational, rotational and vibrational kinetic energy of the molecules and potential energy associated with the intermolecular attractive forces.
We cannot measure the absolute value of internal energy of a system. The best one can do is measure the changes in internal energy. Or we can measure it relative to some arbitrary reference state.
We use the symbol U for internal energy.
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ESSENTIALAI-STEM
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Page:Secret History of the French Court under Richelieu and Mazarin.djvu/42
28 air, she would have thought him the most dissembling, or the most unfeeling man in the world, and could never have loved him, or believed in him again. As to this, Madame de Chevreuse promises M. de Châteauneuf that, instead of being governed by the cardinal's advice, she will both love him and believe in him forever.
"I believe that M. de Châteauneuf fully belongs to Madame de Chevreuse, and I promise you that Madame de Chevreuse will ever regard M. de Châteauneuf as her own. Though all the world should neglect M. de Châteauneuf, Madame de Chevreuse will continue to esteem him so highly through her whole life that, if he loves her as truly as he has said, he will have reason to be content with his fortune, for all the powers of earth could not make me change my resolution. I swear this to you, and command you to believe it, and to love me faithfully.
"Last evening the cardinal sent to inquire after the health of Madame de Chevreuse, and wrote to her that he was dying to see her, and that he had many things to say to her, being more than ever devoted to Madame de Chevreuse, who sets little value on this protestation, but much on that which M. de Châteauneuf has made of being wholly hers. To-morrow I will tell you more. Love your master always; he is ill, and has only gone out when obliged for the last two days, but in whatever state he may be, and whatever may happen to him, he will die rather than fail in any thing he has promised you.
"At six o'clock last evening, the Cardinal de La Valette came to see Madame de Chevreuse on the part of the Cardinal de Richelieu. He addressed her sadly and submissively in behalf of his master. After this, he paid a forced admiration to Madame de Chevreuse, and offered a thousand gallantries which seemed insults to me. I answered him civilly and coldly. 37 is in despair; he says that he will destroy himself since Madame de Chevreuse will not see him; that the life which he has only cherished in the belief that it would one day be
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WIKI
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St Philomena's Catholic High School for Girls
St Philomena's Catholic High School for Girls is a school for girls (aged 11–18) in Carshalton, South London, England.
Foundation
The school was founded by the Daughters of the Cross in 1893 and is situated in twenty-five acres of parkland with some notable buildings. The main building on the property was once Carshalton House, a grand manor house built in the early eighteenth century by Edward Carleton. It was the home of the physician, Dr. John Radcliffe, until his death in 1714. Other owners included Sir John Fellowes, 1st Baronet, Sub-Governor of the South Sea Company; Lord Anson, admiral; and Philip Yorke, 1st Earl of Hardwicke, Lord High Chancellor.
Modern
In 2004, the school was awarded Technology College status. In April 2006, it was awarded a Language College status alongside the Technology College status. In 2007, a new Learning Resource Centre, including a library, was opened.
In 2016, a new classroom block, the Veritas Centre opened. The new block consists of eight total classrooms, the ground floor accommodating two Food Technology classrooms and two Science laboratories, and the upper floor with dual-purpose Arts and Textiles classrooms. Staff/equipment rooms that connect between classrooms are also on each floor.
Inspections
In 2008, Ofsted judged the school to be outstanding. The next full inspection was in 2022, with a judgement of Good. , this is the most recent inspection.
Controversy
In April 2012, a student reported St Philomena's to PinkNews for urging its pupils to sign an anti-gay marriage petition in protest at the government's proposal to allow gay couples to marry in civil ceremonies.
Alumni
* Finola O'Farrell DBE (b. 1960) - high court judge and barrister
* Margaret Prosser OBE (b. 1937) - Labour life peer and former trade unionist
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WIKI
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Wikipedia:Articles for deletion/Takida
The result was Keep - Nomination withdrawn without delete opinion. (Non-administrator closing). --Tikiwont 15:08, 19 September 2007 (UTC)
Takida
* – (View AfD) (View log) notability not asserted/orphaned article/no non-trivial third-party sourcing - CobaltBlueTony 18:06, 14 September 2007 (UTC)
Comment I have added an article on an album by this band ...Make You Breathe to this AFD. --Ed (Edgar181) 19:03, 14 September 2007 (UTC)
* Delete both There are no sources in the articles and a brief web search doesn't turn up anything that indicates the group meets WP:BAND. If the band doesn't meet Wikipedia's criteria for inclusion, the album doesn't either. --Ed (Edgar181) 19:03, 14 September 2007 (UTC)
* Maybe you should do more then a brief web search since they are a really big band in Sweden. The do meet WP:MUSIC And they are signed on Ninetone Records /Universal Music (http://www.takida.se/main_theband.htm) wich is a pretty big label. The Illusional Ministry 19:20, 14 September 2007 (UTC)
* Excellent. Seeing the links you posted on the talk pages of the two articles, I've struck out my recommendation. --Ed (Edgar181) 19:48, 14 September 2007 (UTC)
* Per editor's sourcing, I am withdrawing this Afd. Sorry, since I couldn't read Swedish, none of the links I found were helpful. You might want to follow up on the Swedish and Finnish pages, too. - CobaltBlueTony 21:11, 14 September 2007 (UTC)
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WIKI
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How to connect Azure Account using PowerShell?
To connect the azure account with PowerShell, we can use the Connect-AZAccount command. If we check the command parameters from the below URL, there are multiple methods we can connect to the azure account but in this article, we will use the simple methods to connect.
• Using the Interactive console to connect portal
• Using DeviceLogin method.
• Using Credentials method.
Using the Interactive console method to connect the portal.
When we use the Connect-AZAccount directly without any parameter, it will open a popup for the azure portal credential.
You need to enter your Azure credentials there.
Using Device Login method.
In this method, Connect-AZAccount uses the parameter -DeviceLogin. Once you run the command, it will show the code on the console window and that code we need to enter on the website,
Example
Connect-AzAccount -DeviceCode
Output
WARNING: To sign in, use a web browser to open the page
https://microsoft.com/devicelogin and enter the code SAYX4512 to authenticate.
As shown in the above output, you need to enter display code on the website,https://Microsoft.com/DeviceLogin and if you are not already authenticated you need to enter Azure credentials there.
Using Credentials Method.
You can direct provide Azure user credentials in the Get-Credentials command and use those credentials in Connect-AZAccount
Example
$creds = Get-Credential
Connect-AZAccount -Credential $creds
Once you enter the correct credentials, your account will be connected. But if your organization has configured the multi-factor authentication this method won’t work and likely it will produce an error.
Output
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ESSENTIALAI-STEM
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Racko
Racko may refer to:
* Rack-O, a card game
* Filip Racko (born 1985), Czech footballer
* Arpád Račko (1930–2015), Slovak sculptor
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WIKI
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Rancho San Pascual
Rancho San Pascual, also known as Rancho el Rincón de San Pascual, was a 14403 acre Mexican land grant in present-day Los Angeles County, California given to Juan Marine in 1834 by Mexican Governor José Figueroa. The former Rancho San Pascual land includes present-day cities of Pasadena, South Pasadena, and portions of San Marino, and the unincorporated communities of Altadena and San Pasqual.
History
After the Mission San Gabriel Arcángel was secularized in 1834, Governor José Figueroa granted Rancho San Pascual to Juan Mariné, a retired artillery lieutenant. Juan Marine's wife Maria Antonia Sepulveda had died in 1831. Marine married widow Eulalia Pérez de Guillén Mariné, who had served as mayordoma and keeper of the keys at the Mission.
After Juan Marine died in 1838, Mexican Governor Alvarado granted title of the rancho to José Pérez and Enrique Sepúlveda in 1839. Both built small adobe houses near Arroyo Seco. Perez died in 1841 and Enrique Sepulveda died in 1843. Rancho San Pascual was once again abandoned.
Manuel Garfias, a lieutenant in the Mexican Army, denounced the former grant and claimed the land for himself. In 1843 Mexican Governor Micheltorena granted title of Rancho San Pasqual to Garfias. Garfias served as an officer in Micheltorena's "Batalon Fijo de Californias" (the Fixed Battalion of California) from 1842 to 1845. Garfias married Luisa Avila, the daughter of Francisco Avila and María Encarnación Sepúlveda Avila, who owned Rancho Las Cienegas and the Avila Adobe.
With the cession of California to the United States following the Mexican–American War, the 1848 Treaty of Guadalupe Hidalgo provided that the historic land grants would be honored. But the US required, under its Land Act of 1851, that Mexicans file claims for their land grants. María Merced Lugo de Foster and María Antonia Perez June filed a claim for Rancho San Pascual to the Public Land Commission for three square leagues based on the Alvarado grant to Enrique Sepulveda and José Perez, but this was rejected. Cases were complicated and many American migrants competed to acquire such Mexican lands.
Garfias received a US patent for 13694 acre based on the Micheltorena grant. American Benjamin "Don Benito" Wilson acquired a small part of the Rancho in 1852, and received a US patent for 709 acre.
Garfias sold portions of San Pascual to finance the building of an elaborate adobe manor that he constructed along the east bank of the Arroyo Seco. This expensive adobe was his new headquarters of Rancho San Pascual, but financing it resulted in Garfias lohing is land. Benjamin Wilson bought the rest of the rancho from Garfias in 1858.
Two years later, in 1860, Wilson sold a half interest in Rancho San Pascual to John S. Griffin. Griffin sold portions of his share to Dr. Benjamin S. Eaton, the father of Fred Eaton. In 1872, American George Stoneman bought 400 acre from Wilson. Stoneman later served as Governor of California.
In 1873, Daniel M. Berry, a purchasing agent for the Indiana Colony of California, came to Rancho San Pascual. Berry purchased a large portion of the property along the Arroyo Seco and on January 31, 1874, incorporated the Indiana Colony.
Historic sites of the Rancho
* Adobe Flores built by José Pérez. After being defeated at the Battle of La Mesa, Jose Maria Flores camped at Rancho San Pascual near the adobe.
* Governor Stoneman Adobe, Los Robles.
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Henry C. Brainerd and Chauncey Brainerd, Claimants, v. The State of New York.
No. 10141.
(State of New York, Court of Claims,
October, 1911.)
Eminent domain — Measure of compensation: Market value; Considering present use of property; Injury to property not taken — Considering future condition of part not taken: Property having no market value—Cost price; Net profits of business: Expenses for searches, etc., and in condemnation proceedings — Costs.
State — Claims — State Court of Claims Proceedings before — Costs.
Values — Cost price — Net profits of business.
The just compensation which the statute requires to be made to one whose lands are taken for a public use is to-be measured by the market' value of the property taken where the whole of the property is taken and by the difference in the market value of the premises before and after the appropriation, where a part only of the property is taken, except where benefits are involved, when owners must be awarded at least the market value of the lands taken. /
Where, by the taking of part of one’s land for the Barge canal, the balance is cut off from access to a canal which was previously enjoyed, the value of the part left must be fixed by reference to the condition in which it will be left after the appropriation with the prospect of securing a. new right of way and constructing a new dock and using the new canal with any advantages or disadvantages that may result to the premises from the improvement.
In such a case,'the claimants are entitled to have their premises valued before the appropriation by reference to the condition in which they were at that time, with the use of the dock and the old canal; and its market value must be fixed without regard to the prospect of the construction of a new canal.
In fixing the market value there should also be considered the fact that there was a dock maintained • with the approval of the State and used in connection with the conduct of the enterprises in which the claimants were engaged, though the maintenance of such dock might at any time be terminated.
In fixing the value- of the remainder of the premises not taken the prospect of using and building a suitable dock should be taken into account.
As a general rule the value of lands cannot be estimated by the profits of the business carried on upon them, yet those whose lands are taken for a public "use are entitled to have the facts in relation to their business submitted in evidence as bearing upon the market value of their property; but whether or not profits should be considered depends upon the nature of the premises taken.
Where the personal skill, experience and efforts of the owner play too prominent a part, the profits realized from the business conducted upon real property constitute but little aid in determining the value of the property; but, where the earnings depend chiefly upon the location, soil or character of the property itself, the profits derived from it may furnish, reliable evidence of its value.
Just compensation must include the owner’s expenses necessarily incurred for the protection of his interests in proceedings for the acquisition of his property, and the general rule applicable to legal actions and proceedings that costs and disbursements are not recoverable unless allowed by statute is not applicable to proceedings taken under the power of eminent domain.
The expense of procuring an abstract of title is one -item of such necessary expenses, and they also include the expense of printing the claim and of furnishing blue prints of the appropriation maps in accordance with the requirement of the Court of Claims.
By Swift and Murray, JJ. This court will not pronounce unconstitutional the provisions- of -section 274 of the Code of Civil Procedure, that costs, witnesses fees and disbursements in this court shall not be taxed, nor shall counsel or attorney’s fees be allowed by the court to any party, nor will this court allow costs and disbursements to claimants for compensation for lands taken by the State for public use.
Claim against the State of ¡New York for compensation for lands taken for the Barge canal.
Clinton H. Furbish, for claimants.
Thomas Carmody 'Attorney-General (Frank W. Brown, of counsel), for State.
Bodeitbeok, J.
The claimants were the owners of a parcel of land in the village of Spencerport, Monroe county, ÜST. Y., situate on the south side of the Erie canal, having a frontage on the berm bank of 341.26 feet. There were located upon the premises a cabbage storehouse of frost proof construction having a capacity of 300 tons, a fertilizer house having a capacity of 150 tons, coal sheds and track capacity of 1,000 tons, a cooper shop and a barrel storage house. The'canal runs east and west at this point, and the cooper shop and storehouse were at the south end of the property away from the canal, while the coal shed, storehouse and cabbage house were adjacent to the canal, and parts of each of these buildings were taken by the appropriation.
The property was equipped, upon the canal side, with a dock about 100 feet in length, which had been in existence for upward of forty years. There was no evidence of any permit having been granted for the construction of the dock. Its removal was required by the construction of the new canal which was widened at this point.
The property was reached by means of a right of way eleven feet in width, extending along the blue line of the canal-a distance of 301.3 feet from Union street, the main street in the village of Spencerport. Opposite the entrance to the right of way was the office of the claimants, which had been built and equipped with wagon scales for use in carrying on the business in which they were engaged. Between Union street and the claimants’ premises there was intervening property owned by other parties across which this right of,way extended.
The claimants conducted upon the premises a retail coal business, a fertilizer business and a cooperage business and rented the cabbage house for storage purposes. These enterprises were conducted together and were a profitable going-business. '
On the 10th day of August, 1909, the State appropriated for the purposes of the construction óf the Barge, canal one hundred and thirty-one one-thousandths acres of these premises, which took away the whole of claimants’ frontage upon the canal, about three-fourths of the cabbage house, nearly all of the fertilizer house, all of the coal trestle and a portion of the coal shed and the whole of claimants’ right of way from their business plant- to their office, leaving the remainder of the property isolated and cut off from access to any public highway. The claimants’ dock upon the canal was destroyed,-and the plan of construction of the canal involved building in front- of the remaining property a sloping wall, in the proportion of one foot in depth to two feet of horizontal, extending gradually.to the navigable portion of the canal, making the construction of a new dock to' serve the purposes of the remaining property a matter of great expense, considering the extent and valúe of the property. There was some evidence that a timber dock might be constructed which would very considerably reduce the expense of making the new canal available for business purposes in connection with the remainder of the property. " There was some evidence to the effect that no site as 'available as that of the claimants for the business 'in which they were engaged could be secured in the village of Spencerpórt, and from the time of the appropriation the claimants had no legal access to the premises and were debarred from continuing their business and have been obliged to discontinue the same. From the time of the appropriation, therefore, the claimants were deprived of legal access to t'he remainder of their premises, the use of the cabbage house, coal house g,nd coal shed was entirely destroyed., and they were deprived of the use of the canal for the purposes of conducting their business.
For the damages sustained by the claimants there was a wide divergence in the estimates of the witnesses, largely arising from the fact that the claimants’ witnesses appraised the value - of the property upon the basis of the business conducted' upon it, while the State’s witnesses did not consider this element, but estimated the damages to the property solely upon the difference in its market value.
The claimants’ witnesses placed the value of the buildings at $4,943, while the estimate of the State’á witnesses was $2,964.38. The estimate of the three buildings that were "in whole or in part taken by the State varied, according to the testimony of these two witnesses, from $3,164-to $1,521.40 The estimates of the compensation to which claimants were entitled varied from $18,700 to $2,000.
An award of $5,014 was made, but a nyjority of the court refused to allow any costs and disbursements except the expense of procuring the abstract of title:
The questions in dispute in this claim arise over the rule that is to be applied in measuring the compensation to which the claimants are entitled. The Constitution provides that they must be awarded “ just compensation/’ but difficulties present themselves in connection with the method by which this compensation is to be determined. It is sometimes said that just compensation means that parties must be made good for the loss which an appropriation causes them. This, however, is too broad a statement of the measure of damages to which in this State claimants are entitled. Where . the provisions of constitutions are sufficiently liberal, as for instance where claimants are allowed all “ damages ” or injuries ” that they may sustain, it may be true to say that they must be made good for all the loss that they have suffered. The language of the Constitution of this State, however, confined the damages to “ just compensation,” which the courts have repeatedly said is to be measured by the market value of the property, where the whole property is taken, and by the difference in the market value of the premises before and after the appropriation, where a part. only of the property is taken, except where benefits are involved, when owners must be awarded at least the market value of the land taken. Matter of City of New York, 190 N. Y. 350, 360. This rule- is easy of expression, but difficult of application; for it involves the inquiry as to what items are to be taken into account in estimating the market value, and what items are to be considered in determining the damages to the remainder of the premises. It is exactly these considerations that give rise to the questions in this case.
In Matter of Simmons, 130 App. Div. 350, Judge Sewell said that, in estimating the value of the - land taken, the property must not be appraised at its "alue to the owner or to the corporation seeking to acquire it, but must be estimated at “ the fair value as between one who wants to purchase and one who wants to sell,” and that the owner is not limited in compensation to the valúe of the property at the time of the appropriation for the use to which it was being put, but. is entitled to receive “ its market value for any purpose to which * * * it is adapted.” The fact that the land in this instance is to be used in connection with a public improvement made by the State must not be allowed to operate to enhance or diminish its value. The owner is not entitled to be paid increased damages “merely because the land is peculiarly adapted to the use to which it is intended to be applied.” .The claimants in .this case, therefore, are entitled to have -their property estimated at the best use to which it might be put; and, as there is no contention but that it was being used to the best advantage, they are entitled to have its market value fixed by reference to its use .for the enterprises in which they were engaged as a going concern. Matter of Simmons, 130 App. Div. 350, 352.
In estimating the value of the remainder of the property, its value must be fixed by reference to the condition in which it will be left after the appropriation, with the prospect of securing-a new right of way and constructing a new dock and the use of the proposed canal with any advantages or disadvantages that might result to the premises from the improvement. As was said by Judge Woodward in Matter of Board of Rapid Transit R. R. Comrs., 128 App. Div. 108, the appraisal should take into account the effect of the appropriation upon the remainder of the premises, its advantages and disadvantages, benefits and injuries and the witnesses were bound to consider, in behalf of the claimants, everything that, if known to a proposed purchaser at the time that the title vested * * * would tend to increase or to diminish the market value of the premises which remained after the taking of the property of the claimants.”
Under these rules, the claimants are entitled to have their premises valued before the appropriation by reference to the condition in which they were at that time, with the use of the dock and the old canal; and its market value must be fixed without regard to the prospect of 'the construction of the new canal, for such a rule might give to claimants in some cases more than their property is worth and in others less than its value. ' The inarket value must be fixed without regard to 'the prospective improvement. The question usually put to witnesses is, What was the market value of the property before the appropriation ? ” ' This question means, what was it worth before the appropriation and without considering the proposed improvement ? Because the State contemplates an improvement, it should not be made to pay for the enhancement in the value of property that follows the announcement or construction of the improvement, where it benefits property specially, nor should claimants be made to suffer the damages resulting, therefrom where it produces a special depreciation in the value of the property. So in this case the claimants are entitled to have the market value of their premises estimated without regard to the proposed improvement; and, in fixing the market value, there should be considered the fact that there was a dock maintained with the approval of the ¡State and used in connection with the conduct of the enterprises in which the claimants were engaged. The maintenance of the dock depended upon the will of the State, and its removal might have been directed for any necessary improvement of the canal. The State does not guarantee that the canal will be used for any period of time, or that it will not be abandoned. Whitney v. State of New York, 96 N. Y. 240, 245. The privilege which the claimants enjoyed was one revocable at the reasonable will of the State. Putnam v. State of New York, 132 N. Y. 344, 347. Ho right could be acquired by the claimants to maintain the dock under the doctrine of prescription; for “ The Erie canal is á great public highway, and no individual, according to well established principles, can gain for himself an easement on a highway by prescription, or in any way make a valid encroachment upon the public right.” Burbank v. Fay, 65 N. Y. 57, 69. The use of the old canal and the dock, however, constituted an asset which formed an element in the market value of the premises. The removal of this dock is not directed by virtue of the repair or improvement of the old canal. It has been appropriated by the State for the construction of the new canal, and in this proceeding the 'State is exercising its power of eminent domain and not its authority to remove the dock for necessary purposes of operating or improving the old canal. The extent, therefore, to which the dock enhances the value of claimants’ premises must be considered in fixing its market value.
As the market value of the property before the appropriation must be determined without reference to the effect upon the premises of the improvement in enhancing or depreciating its value, so its market value after the appropriation must be fixed by reference to the completed improvement. The question usually put to the witness is :■ “ What was the market value of the property after the appropriation % ” This question does not mean that the witness is to give the value of the property immediately after the appropriation was made, but its value after the improvement hás been completed, taking into account all the advantages and disadvantages thereof, with this exception, however, that, where benefits are allowed to be considered, the owner must be given at least the market value of the land taken. Matter of City of New York, 190 N. Y. 350, 360. So, in ascertaining the market value of the remainder of the premises in this proceeding, the claimants are entitled to have considered the fact that there will be a sloping wall opposite the remainder of the premises which will make the construction of a dock expensive and, generally, to have taken into account the effect of the new canal upon the remainder of their property. They are not entitled to the expense of constructing a stone' dock, as testified to, for the State is under no obligation to build such a dock or to allow for its construction. Whether or not a dock will be permitted at all rests in the judgment of the State. In fixing the value of the remainder of the premises, however, the prospect of using and building a suitable dock should be taken into account. It does not follow that,, because the claimants had a rude dock on the old canal, they are entitled to have taken into account as a part of their damages the cost of constructing a new dock. They are entitled to the market value of the property that was taken, which means, not its cost of reproduction, but its actual market value; and they are entitled to have taken into account, in fixing the damages to the remainder,- all considerations which an ordinarily prudent man would take into consideration in fixing, the difference in its value before and after the appropriation.
A more serious question is presented by the contention of the claimants that this market value is to be fixed by reference to the profits realized from the business conducted by them on the property. They are not wholly wrong in their contention that profits may be considered in some cases and that they may even serve as a basis for estimating compensation in other cases; but there are more instances where profits are not the proper basis for estimating damages than there are instances where they are; and so it has come .tó be adopted as a general rule that profits cannot be taken as the' basis for estimating values in proceedings' and cases like the present one. This rule is stated by Judge McLaughlin in Sauer v. Mayor, 44 App. Div. 305 : “ The profits of a business are too uncertain, and depend upon too many contingencies to safely be accepted as any evidence of the usable value of the property upon which the business is carried on. Profits depend upon the times, the amount of capital invested, the social, religious and financial -position in the community of the one carrying it on, and many other elements which might he suggested. What one man might do at a profit, another might do at a loss.” P. 308.
The claimants may have done a profitable business upon the premises in question, but other parties may prove a failure in the same business on the same premises; and even the claimants may not continue to make the same profits in the future that they have made in the past, if left undisturbed; Yo one can foresee changes that may reduce a profitable business to an unprofitable one. As Judge Oullen said in Matter of Gilroy, 26 App. Div. 314: The profits of the business would naturally depend far more largely upon the judgment, forethought and business skill of the appellants, the use of their capital and the condition of trade, than upon the value or location of the particular property upon which the business was conducted.” P. 316.
The coal business in this instance was carried on by the claimants in connection with the canal, but it is well known that such enterprises have been carried on along the line of railroads; and the other enterprises in which claimants were engaged might perhaps be equally 'profitably pursued at some other location. Lewis on Eminent Domain, says: “ Yor can the profits of a business be shown for the purpose of proving the value of the property.- The profits of a business do not tend to prove the value of the property upon which it is conducted. The profits of a business depend upon its extent and character and the manner in which it is conducted. One man will get rich while another will become bankrupt in conducting the same business upon the same property.” 3d ed., § 727.
In Stevens v. State, 65 Misc. Rep. 253, this court said:
“ The question frequently arises, in cases involving an interference with real property, as to whether or not the owner ■or tenant is entitled to prospective profits as the measure of his damages. It is often contended that the allowance of profits alone ladequately measures the loss, and that the difference in the diminution in rent does not make the claimant good for the injury which he has sustained. The rule itself as to the allowance of profits is well understood, but its application in a particular case may be -a difficult matter. In many cases profits have been allowed (Bagley v. Smith, 10 N. Y. 489; Taylor v. Bradley, 39 id. 129; Schile v. Brokhahus, 80 id. 614; Snow v. Pulitzer, 142 id. 263; Egan v. Browne, 128 App. Div. 184; Lakeside Paper Co. v. State, 45 id. 113; Bates v. Holbrook, 89 id. 548) ; but the general rule is that, subject to certain well-established qualifications, anticipated profits are not recoverable, because such profits are too dependent upon numerous and changing contingencies to constitute a definite and trustworthy measure of damages, because they are ordinarily remote and not the direct and immediate result of the acts complained of and because they are not within the contemplation of the parties affected. (Griffin v. Colver, 16 N. Y. 497; Wehle v. Haviland, 69 id. 448; Witherbee v. Meyer, 155 id. 446; Reisert v. City of New York, 174 id., 196; Moravec v. Grell, 78 App. Div. 146; Connolly v. City of New York, 115 id. 81; Nemrow v. Assembly Catering & Supply Co., 121 id. 481; Howard v. Stillwell & Bierce Mfg. Co., 139 U. S. 199; Western Union Telegraph Co. v. Hall, 124 id. 444; Eckington & S. H. R. Co. v. McDevitt, 191 id. 103).”
While the claimants are not entitled to have the amount of business done by them taken as the measure of the value of their premises, they are, however, entitled to have the facts in relation to their business submitted in evidence as bearing upon the market value of their property. The cases are not harmonious upon the rule as to whether or not gross and net income may he put in evidence as bearing upon the value of' property taken in condemnation proceedings, for the reason that the cases range from those where profits clearly havé no hearing upon the value of the premises to those where they are the best evidence of their value. Whether or not profits should be considered depends upon the nature of the premises taken. Where the personal skill, experience and efforts of the owner play too prominent a part, the profits realized from the business conducted upon real property constitute but little aid in determining the. value of the property; hut, where the earnings depend chiefly upon the location, soil or character of the property itself, the profits derived from it may furnish reliable evidence of its value. There are, therefore, cases which hold that profits are inadmissible in evidence (Matter of Gilroy, 26 App. Div. 314; Sauer v. Mayor, 44 id. 308; City of Syracuse v. Stacey, 45 id. 249) and those where evidence of profits has been held to be 'admissible. Reisert v. City of New York, 174 N. Y. 196. In this particular case, there is a question as to whether or not the property is so situated as to justify the introduction in evidence of the profits of the business, not as the basis of the value of the property, but as bearing upon its value. Upon this subject Lewis says: “ The cases, however, are not harmonious on the question of injury to business * * * The profits derived from the use of the property itself may be shown whenever such profits would be an indication of the value * * * So the profits derived from farming; afford a criterion of the value of the-farm * * * If the particular use to which the property is devoted has continued for a long time and has imparted to the property a peculiar value for that use, .as for a hotel, it is proper to show the fact and to take it into consideration in fixing the damages.” Lewis Em. Dom. (3d ed.),"§ 727.
15 Cyc. 733, says upon the same subject: ' “ Strictly speaking business is not property within the meaning of the statutes relating to eminent domain, and in the absence of statutory provision therefor, one whose land is taken cannot ordinarily recover compensation for loss or interruption of business or trade, inability to perform contracts, or inconvenience in carrying on trade or business, whether the loss be a present or a future one, and whether the inconvenience and interruption be temporary or permanent. * * * There are many decisions to the effect not only that loss of profits, present or future, does not constitute an element of damage, but also that neither the value of the business carried on upon land taken, nor the amount of profits derived from it, is to be considered in determining the market-value of the land. * ' * * There is, however, much authority in support of the doctrine that while profits which are merely speculative cannot be considered, as an element of damage, and while profits, although not merely speculative, cannot be considered as elements of damage, strictly-speaking, yet it is proper to take into consideration, as bearing upon the question of the market value of the property, the advantages for business of the land taken or injured, and its productiveness, and the income and net profits which may reasonably be derived from, it; and further that in fixing the compensation evidence is competent which tends .to show such incidental loss, inconvenience,.injury to business, present or prospective, and other like injuries, as may be known, or may reasonably be expected, to result from tire construction and operation in a legal manner of the proposed improvement, whether it is constructed on the land condemned, on a highway, or on 'other lands.”
Reisert v. City of New York, 174 N. Y. 196, was a case where loss of profits was not recoverable (p. 207), and still evidence of profits was held to be admissible. Judge Bartlett ■ stated the rule to be that: The plaintiff should be allowed to prove all the facts in regard to the manner of conducting the business on his farm, before and after the trespass, calculated to give the court or jury a-correct general idea of the condition of the farm and its productive value.”' P. 209.
But Judge Bartlett said, where evidence of profits is allowed it does not follow that these profits áre the measure of the damages (p. 209). ^The claimants should have been permitted to introduce in evidence all the facts relating to their business, including, if the information is reliable, the |'profits realized from their, business. Omaha Horse Ry. Co. v. Cable Tramway Co., 32 Fed. Rep. 727; Laflin v. Chicago, W. & N. R. Co., 33 id. 415; Matter of State Reservation, 16 Abb. N. C. 159. It is true that the premises were favorably situated, and it is not denied' that no similar, location in the village of Spencerport was available. Under these circumstances it would seem that this property had a-special adaptation to. the uses to which it had been placed and that it was peculiarly available for the business conducted thereon by the claimants. . It is well known that the income from property is.one of the chief facts relied upon by prospective purchasers of real estate. The rents received from real property are supposed to bear certain relation to its value. In the case of some kinds of property, the earnings are the best measure of the value; for frequently such property is so peculiar and rare in the community that it'has no market value as -that term is generally understood. People ex rel. Powers v. Kalbfleisch, 25 App. Div. 432; Monongahela Nav. Co. v. United States, 148 U. S. 312; Montgomery Co. v. Bridge Co., 110 Penn. St. 54. While this is so with reference to productive real estate, it may or may not be true in the case of real property upon which a business is conducted. In the latter case the profits may be entirely the result of the personal skill, experience and labor of the individual conducting the business; and in such a case the profits would not be' the measure -of the value of the property and have very little bearing thereon. It is a matter that must be left to the judgment of the court, but it may be safely asserted that .no element should be excluded in arriving at the .market value of premises which it is customary for the business world to consider in determining such market value, and which an ordinarily prudent man would take into account before forming a judgment as to the market value of- property which he is about to purchase.^
The Constitution guarantees “ just compensation;” and the rule of market value, where the whole of the property is taken, and the difference in market value before and after the appropriation where only a part of the property is taken, has been laid down as a convenient measure of this compensation; but this rule will not meet the requirements of the Constitution, where the owner is compelled to incur expenses in connection with the proceedings for acquiring his property or determining his compensation. > Where by statute or by necessity the ‘ owner is required to make out- ■ lays to protect his interests in proceedings to acquire his property, these reasonably necessary expenses form a part of the just compensation to which he is entitled and should be added to the market value of his property where the whole of it is taken, or to the difference in the market value of the property where only a part of it is taken. Under any; other rule, where necessary expenses are incurred in-connection with condemnation proceedings, the .owner would be receiving less then the market value or difference in the market value of his property, as the case may be; and, indeed, in cases where 'the value of the property is small, he might find it more profitable to abandon the property rather than to press .or contest proceedings for its condemnation.
The general rule applicable to legal actions and proceedings, that costs and disbursements are not recoverable unless allowed by statute, is not applicable to -proceedings taken under the power of eminent domain, where a provision exists in the fundamental law that “ damages ” or “ injuries ” or “ just compensation ” shall' be allowed. Where ' such language, is to be found in Constitutions, the Legislature, by refraining from making provision for the allowance of costs, or by providing for less costs than are reasonably necessary, oann-ot reduce the amount that the' property owner should receive below that fixed by the Constitution. .
In Monongahela Navigation Co. v. United States, 148 U. S. 312, 326, the court said that “just compensation ” relating to the taking of private property for public use meant a full and perfect equivalent .foy the property. “ The noun ‘ compensation,’ standing by itself, carries the idea of an equivalent. Thus we speak of damages by way of compensation, or compensatory damages, as distinguished from punitive or exemplary damages, the former being the equivalent for the injury done, and the latter imposed by way of punishment. So that if the adjective ‘just’ had been omitted,, and the provision was simply that property should not be taken, without compensation, the natural import of the language would be that the compensation should be the equivalent of the property. And this is made emphatic ■by the adjective ‘ just.’ ■ There can, in view of the combination of those two words, be no doubt that the compensation must be a full and perfect equivalent for the property taken.”
The general view on the subject of the "allowance of the costs and disbursements of condemnation proceedings is expressed by Chief -Judge Andrews in Matter of City of Brooklyn, 148 N. Y. 107, where he says: “A person or corporation, whose property is sought to be taken under condemnation proceedings, is entitled to be heard at every step in the process, and in justice should be compensated not only for the land or property taken, but should be indemnified against all costs and expenses reasonably incurred either in resisting the áppropriation or in the proceedings for ascertaining the compensation to be made.” P. 109.
In Matter of Ulster & Delaware R. R. Co. v. Gross, 31 Hun 83, the court.said: “ We may add here that as private property cannot be taken without just compensation (Const, art. 1, sec. 6), we have a great doubt whether the expenses of taking it can ever be charged against the person whose property is taken * * *. Whenever he is made to pay such expenses, he fails to receive just compensation to that extent.” P. 84.
In the case of Matter of N. Y., W. S. & B. R. Co., 94 N. Y. 287, the company appealed from an award and secured judgment for costs on reversal against the owner. The court said that these costs could not be recovered against the owner; for, if ho could be compelled to pay any part of the expenses incurred by the company, it would conflict with his constitutional right to just compensation. In that case, which has been frequently referred to upon this subject, Judge Bap alio said: “In such a case to compel the land owners to pay any part of the expenses incurred by the company for the purpose of ascertaining the compensation, which proceedings were an indispensable condition of its right to take the land, would conflict with the constitutional right of the” land owners to just compensation. They are entitled to the full amount of their damages when finally ascertained and this amount can not be diminished by allowing to the company its own expenses incurred' in ascertaining it or in endeavoring to reduce it.” P. 294.
Judge Woodward said in a well considered case: “ The Constitution (Art. 1, § 6) requires that private property shall not'be taken for public purposes except upon the payment of just compensation’, "and a man who is forced into court, where he owes no obligation to the -party moving against him, cannot be said to have received ‘ just compensation ’ for his property if he is put to an expense appreciably important to establish the value of his property. He does not want to sell; the property is taken' from him through the execution of the high powers of the State, and-the spirit of the Constitution clearly requires that he shall not be thus compelled to part with what belongs to him without the payment, not alone of the abstract value of the property, but of all the necessary expenses incurred in • fixing that value.” Matter of City of New York, 125 App. Div. 219, 222.
In Dexter & Northern R. Co. v. Foster, 160 N. Y. St. Repr. 835, Judge Spring said: “ It has been the' policy of the law to indemnify the owner who has succeeded in establishing either that the plaintiff is not entitled to maintain the proceeding, or has made too small an offer for all the costs and expenses he has incurred in the controversy.” P. 837.
In Matter of Simmons, 71 Misc. Rep. 152, Judge Tompkins said: “ I believe, as I have before stated, that provision should be made so that the property owners whose lands are taken by the city shall not be required to pay any part of their awards for the services of counsel, and that they should have their full awards free from all charges and costs.”
In United States v. Dumplin Island, 1 Barb. 24, Judge Edmonds said in a proceeding taken by the United States to acquire property in this State for the purposes of a light house: “When the proceedings are instituted for the state, section 73 of the statute provides amply for the payment of damages, and all costs and expenses incurred. So that the owner can be insured not merely the value of the land, but all costs and expenses to which he may be subjected, as well in procuring a proper valuation of his land, as in obtaining the money afterwards.' But when the application is for the United States, no such provision is made; and unless those costs and expenses are included by the jury in their appraisal of the damages ’ the owner must pay them himself; and the assessment, if it is only of the value of the premises, would necessarily fall short of adequate remuneration to the owner.” P. 26.
In Dolores Land & Canal Co. v. Hartman, 17 Colo. 138, the statute was silent upon the subject of the allowance of costs and disbursements in the proceeding,. but, notwithstanding this omission in the statute, the. court held that the property owner was entitled to recover his court costs reasonably incurred in the proceeding. Judge Helm said: “ The undeniable intent of this provision is to secure the land owner, whose property is taken' against his will, a fair compensation therefor. It can not have been the purpose of the constitutional convention to require payment by the owner of costs reasonably incurred in the proceeding whereby his premises are taken. In some instances, such costs will amount to nearly or quite as much as the compensation awarded. But, if the owner must disburse for costs the money received for his land, the compensation cannot be regarded as ‘ just/ within the meaning of the constitutional guaranty. However it might be as to attorney’s fees and other like expenses, we do hot hesitate to say that the spirit of the constitution clearly covers the class of expenses usually taxed as costs. Hence, though it be conceded that the statute relating to costs in ordinary civil actions cannot apply, courts should nevertheless award them to respondents in condemnation proceedings.”
The same doctrine is laid down in City and County of San Francisco v. Collins, 98 Cal. 259, in which case the statute provided that costs might be allowed, and, if allowed, might be apportioned between the parties in the discretion of the court. This division of the costs, the court held, could not be made without violating the provision of the California Constitution requiring just compensation to be made to owners whose property had been taken. The court said: “To require the defendants in-this case to pay any portion of their costs necessarily incidental to the trial of the issues on their part, or any part of the costs of the plaintiff, would reduce the just compensation awarded by the jury, by a sum equal to that paid by them for such costs.”
The subject of the allowance of costs and disbursements is also discussed in Stolze v. Milwaukee & L. W. R. Co., 113 Wis. 44, in which case the court held that the just compensation for property taken by the right of" eminent domain within the meaning of the Constitution includes such reasonable costs and disbursements as are taxable in favor of the prevailing party in similar proceedings incurred by a property owner in securing both the ascertainment and payment of such compensation. Judge Marshall said: “ It cannot have been the purpose of the framers of the constitution that a person compelled to surrender his property for public uses shall have any less as compensation therefor than a full equivalent, measured by all reasonable rules. That must include all' necessary expenses incurred by him in the enforcement of his rights, which are taxable according to law. He must have "in the end a full, just compensation for his property. It must not be diminished by any costs reasonably incurred in condemnation proceedings, or in collecting the award, which are ordinarily taxable by the rulés of law in favor of the prevailing party in an action or proceeding to make his judicial remedy effective. That is the true constitutional measure of his rights.” Dickson v. Epling, 170 Ill. 379; Chicago & Milwaukee R. R. Co. v. Bull, 20 id. 218.
. Under the Constitution of the State of Washington, prohibiting private property from being taken without just compensation being first made or paid into court, the Supreme Court in that State said: Under this provision of the constitution and under the law as announced in the case just above cited and all the subsequent cases on this subject, the. landowner cannot be put to any costs whatever for the ascertainment of the damages. All costs must be paid by the condemning party until a valid judgment is obtained,” "Grays Harbor Boom Co. v. Lownsdale, 104 Pac. Rep. 267, 268.
In Petersburg School District v. Peterson, 14 N. D. 344, there was no provision in the statute expréssly authorizing • costs, but such costs were allowed by reason of the provisions of the Constitution of the State of Horth Dakota providing that private property shall not be taken or damaged for public use without just compensation having been first made to or paid into court for the owner. The court said: “ To hold that the owner must pay his own costs in resisting attempts to take his land against his consent, without first paying adequate and just, compensation therefor, would nullify to a certain extent this constitutional guaranty, and result in giving him less than just compensation for his property. The constitutional provision means that he shall receive just compensation for his property, and not that "the just compensation assessed by a jury shall be diminished to the extent of his costs. The provision was designed for the benefit of the landowner, and should be construed so as to give 'him its benefit to the full extent.”
In Portneuf-Marsh Valley Irr. Co. v. Portneuf Irr. Co. the court said: “We think under our eminent domain statutes the owner should receive his just compensation for the land taken, clear of any expense of the proceedings.” 114 Pac. Rep. (Idaho) 19, 21.
Lewis sums up the authorities upon this subject when he says: “ By the constitution the owner is entitled to just compensation for his property taken for public use. He is entitled to receive this compensation before his property is taken or his possession disturbed. If the parties cannot agree upon the amount, it must be ascertained in the manner provided by law. As the property cannot be taken until the compensation is paid, and as it cannot be paid until it is ascertained, the duty of ascertaining the amount is necessarily cast upon the party seeking to condemn the property, and ■ he should pay all the expenses which attach to the process. Any law which casts this burden upon the owner should, in our opinion, be held to be unconstitutional and void.”' 2 Lewis Em. Dom. (3d ed.), § 812.
It is because of the fact that jxist compensation is not given where the property owner is required to bear the necessary expenses in protecting his interests in condemnation proceedings that the statutes authorizing such proceedings in this State usually provide for the allowance of costs and disbursements. Thus, by chapter 684 of the Laws of 1905, being an act relating to the department of public works of the city of Syracuse and regulating certain proceedings to acquire lands for public improvements, it is provided that the court shall fix, tax and allow “ the costs and expenses of the proceeding and of the parties thereto.” § 37. By the charter of the city of Bochester it is pro-' vided that “ Costs may be awarded to or against the city in a condemnation proceeding or proceeding to assess damages instituted under this- act.” Laws of 1907,- chap. 755, § 454. The Greater New York charter provides for an offer to sell on the part of the owner, and, if the award exceeds the offer, that he shall be entitled to “ taxable costs and disbursements as in an action and, in the discretion of the supreme court upon application made at a special term thereof, to an additional allowance of a sum of money not exceeding five per centum upon the amount of such offer, but in no event more than two thousand dollars.” § 1436c.
The proceedings for the condemnation of real property under the Code of Civil Procedure provide for an offer to purchase by the condemning party and that, if the compensation awarded exceeds the amount of the • offer, or, if no offer is made, the court shall direct the recovery by the owner of “ the costs of. the proceeding, to be taxed by the clerk at the same rate as is allowed, of course, to the defendant, when he is the prevailing party in an action in the supreme court, including the allowances for proceedings' before and after notice of trial and the court may also grant an additional allowance of costs not exceeding five per centum upon the amount awarded:” § 3372.
These authorities and these references are sufficient to justify the statement of Chief Judge Andrews in the case above referred, to that, in justice, the owner should not only be • compensated for the property taken but should be indemnified against all costs and expenses reasonably incurred by him in connection with the proceedings. The justice of applying this rule is particularly striking in the proceedings for the appropriation of property by the State. These proceedings are more summary and arbitrary than those allowed to any municipal or public corporation in the State. The State, takes possession of the property that it desires for a public improvement, ousts the owner without previous notice, serves upon him or files a notice that it desires to take the property and sends him forth to acquire payment therefor as well as he can. It furnishes machinery for negotiations consisting of, an appraiser and assistants, but this provision for arriving at the compensation without legal proceedings is totally inadequate for such an extensive improvement as the construction of the barge canal. It is impossible for these appraisers to reach all of the .persons whose property is taken and enter into deliberate negotiations with them, as should be done, and the only recourse in most cases is for the owner to file'a claim in the Court of Claims. No provision is made .by statute for an offer to purchase on behalf of the State or to sell on the- part of the owner. After his property has been summarily taken and he has been turned out of doors, the burden is cast upon him of instituting proceedings to secure his compensation. He must print his claim if it exceeds a certain amount, procure blue prints of the appropriation maps, attend the session of the court in his locality and litigate his claim with the opposition of the State backed by its unlimited resources. In nearly all cases this cannot be done except with the employment of counsel and the procurement of witnesses, all of which is an expense to him which does not enter into the market value of his property. Of course he may have his witnesses testify to an amount sufficiently large to cover these incidental expenses, or the court may award a sum large enough to cover them; but these expenses hitherto have not been included in the awards. In difficult cases, involving serious legal propositions, it is impossible for the owner to present his case fairly without the employment of learned counsel and perhaps expert witnesses. He may appear of course and plead his own case; but, in practice, this is never done, because no ordinary layman is sufficiently familiar with court proceedings to do so. In important cases these expenses seriously reduce the amount of the compensation if the rule of market value is strictly adhered to in fixing the damages, and in the smaller cases it may even make it unprofitable to prosecute the claim.
It is, therefore, just and reasonable, and I believe it is required by the Constitution, to allow to claimants their reasonably . necessary costs in prosecuting proceedings against the State for compensation for property taken by it. One of these items of expense has been passed upon by the Appellate Division of the Third Department in an appropriation claim involving the State, and in this case it was held .that the expense of procuring the abstract of title must be allowed to claimants in addition to the compensation fixed as the value of their premises or the difference in its value before and after the appropriation. Burchard v. State of New York, 128 App. Div. 750. At the time of this decision, by'' a rule of the Court of Claims, the claimant was required to file an abstract of his title as a part of his claim; and this requirement the court said necessarily reduced the amount of compensation allowed to him. In that case Judge Smith said: “The state cannot take this land without compensation, nevertheless, before compensation can "be made even voluntarily, the owner is required to pay a certain disbursement. That disbursement is made part of her damages. If that be not allowed to her she would not receive the full damages which she has suffered. If the interest in the land be small, the disbursement might well eat'up the full amount of compensation received. To protect her in her constitutional, right, therefore, the amount which she necessarily has paid for this search should he held to be part of the damages which she has sustained and which the State must pay.” P. 751.-
If this decision is sound, and I believe it is, the expense of printing the claim and of furnishing blue prints of the appropriation maps must- also be allowed; for both of these items are required by rules of the court and are a prerequisite to the filing of the claim. The allowances, however, should go further and should embrace all those reasonably necessary costs and disbursements which are usually allowed in similar court proceedings upde:r 1;he Code of Qivil Procedure^
In the present case the statute actually provides that no costs, witnesses’ fees, disbursements or counsel or attorney’s fees shall be allowed. Code Civ. Pro., § 274. This provision was inserted when proceedings to appraise damages in appropriation cases formed a small part of the work of the court; and this branch of the litigation against the State did not increase to any extent until the barge canal work was fairly under way, since which time nearly the entire attention of the court and almost continuous sessions have been necessary to determine the compensation to which owners whose property had been taken for the improvement were entitled. At the present time claims of this character aggregate nearly one-fifth of the entire bond issue authorized for the work, and the question of the allowances' of costs and disbursements has become an important one.
The State cannot take the property of its citizens at less than just compensation, and it is beyond the power of the Legislature to reduce this compensation by withholding the allowance of necessary costs and disbursements in litigation which the State has the power to compel claimants to institute and prosecute. The amount of the compensation and the rule for ascertaining it is a judicial question with which the Legislature has nothing to do. As was said in Monongahela Nav. Co. v. United States, 148 U. S. 312, 327: The legislature may determine what private property is needed for public purposes—that is a question of political and legislative character; but when the taking has been ordered, then the question of compensation is judicial. It does not rest with the public, taking the property, through Congress or the legislature, its representative, to say what compensation shall be paid, or even what shall be the rule of compensation. The Constitution has declared that just compensation shall be paid, and the ascertainment of that is a judicial inquiry.”
The allowance of such costs and disbursements, however, does not mean that the owner is to be permitted to incur any unreasonable expenses, for the costs and disbursements should be limited to such as are allowed in similar proceedings under the Code of Civil Procedure. In Matter of Studwell v. Halstead, 62 Misc. Rep. 330, Judge Mills saidWhile, doubtless, the constitutional ‘just compensation ’ requires a fair indemnity to the owner for his necessary expenses incurred in proving the value of his land taken, as. was substantially held by our Appellate Division in the recent case of Matter of Board of Rapid Transit R. R. Commissioners, 128 App. Div. 103, 126, I do not think that such- ‘ just compensation ’ should be held to require indemnity for any unusual compensation which the owner may have chosen to pay his counsel or expert witnesses. If, in the hope of securing an unusual award, he has deemed it best to incur such an excess beyond ordinary expenditure, I think he should be left himself to defray it.” P. 333.
Claimants contend that the rule of just compensation, as interpreted by the courts, has heen changed in this State by statute and cite section 83 of the Canal Law as their authority therefor. This section 'provides that: “ The owner or person interested in any real property so permanently appropriated shall be entitled to be allowed and paid the damages resulting or accruing to him in consequence of such appropriation, after deducting therefrom the benefit received by or resulting to him in consequence of the construction and maintenance of the canal for the use of which the appropriation is made.”
It is true, as contended, that the State has the power to provide by statute for the payment of damages ” or “ injuries ” not included within the language of the Constitution as interpreted by the courts (O’Connor v. Pittsburgh, 19 Penn. St. 190; Transportation Co. v. Chicago, 99 U. S. 635; United States v. Alexander, 148 id. 186; Matter of City of New York, 190 N. Y. 353; People ex rel. Central Trust Co. v. City of New York, 198 id. 439) ; but this intention will not be implied, but must be clearly expressed in the language of the statute. There is nothing in the text of the section of the Canal Law to indicate that the Legislature intended' to enlarge the rule of compensation laid down by the courts; and this intention is borne out by the language of the Barge Canal statute, vesting jurisdiction in the Court of Claims, which provides • that the Court of Claims shall have jurisdiction to determine the amount of “ compensation ” for lands, structures and waters appropriated.
The rule, therefore, applicable to these claimants in measuring the amount of their compensation, is the difference in the market value of their premises before and after the appropriation; and to the amount of compensation thus ' ascertained should be added their reasonable costs and disbursements as herein defined; but this rule does not include a consideration of the profits of their business as the measure of the market value.
The claimants in this proceeding are, therefore, entitled to recover “ the costs of the proceeding, to be taxed by the clerk at the same rate as is allowed, of course, to the defendant, when he is the prevailing party in an action in the supreme court, including the allowances for proceedings, before. and after notice of trial, and. the court may also grant an additional allowance "of costs, not exceeding five per centum upon the amount awarded.” Code Oiv. Pro., § 3372.
The State and the claimant, in respect to the allowances of costs and disbursements, stand in the same relation as if no statute had been passed-prescribing any allowances in these proceedings. The section of the Code of Civil Procedure providing that" “ costs, witnesses’ fees and disbursements shall not be taxed, nor shall counsel or attorney fees be allowed by the court to any party ” (§ 274) does not apply to these proceedings, for the enforcement of the provision would be in violation of the Constitution and deprive the • owner of the compensation which he is guaranteed by the Constitution.
In the absence of a provision relating to costs, section 3240 of the Code of Civil Procedure applies, which provides that “ costs in a special proceeding instituted in a court of record, * * * where the costs thereof are not specially regulated in this act, may be awarded to any party, in the discretion of the court, at the rates allowed for similar services, in an action brought in the same court. * * * .” Matter of City of Brooklyn, 148 N. Y. 107.
The amount of these costs is regulated by section 3251 of the Code of Civil Procedure. Matter of Brooklyn, Union El. R. R. Co., 176 N. Y. 213.
If this decision is a departure from the practice that has prevailed in the past in these proceedings against the State and may appear -to enhance the amount which the State will be obliged to pay for the appropriation of lands, the State can protect itself by making more ample provision for negotiation and settlement with property owners, by providing for an offer of purchase or an offer of sale and making the costs conditional upon the amount of the award, and by an expeditious disposition of appropriation claims.
The items of disbursements for tracing map, five dollars; printing claim, ten dollars and' fifty cents; furnishing blue prints, two dollars and seventy cents; providing abstract of title, ten dollars, should be allowed; but the items for expert witnesses at ten dollars and twenty-five dollars • a day and the ten per centum allowance upon the amount of the award for attorneys’ fees should be disallowed (Matter of Grade Crossing Comrs., 19 Misc. Rep. 230, 235; City of Johnstown v. Frederick, 35 App. Div. 44, 46; Woodcock v. Wabash Ry. Co., 135 Iowa, 559), and the costs and disbursements should be taxed as provided by the Code of Civil Procedure.
Swift, J., concurring.
I concur with my associate Judge Eodenbeck as to the facts established by the evidence in this case and as to the measure and rule of damages adopted by him.
Section 274 of the Code of Civil Procedure, which.is a part of the Code applicablé solely to thfe practice and procedure in the Court of Claims, expressly provides that no costs or disbursements shall be allowed or taxed in the Court of Claims.
There is much merit in the argument that a claimant whose property has been appropriated by the State is not receiving just compensation for his property taken unless he is also paid the necessary and reasonable expenses incurred in the prosecution of his claim.
This court has held that claimants are not entitled to costs and disbursements under the Code ever since the court was established. The Appellate Division held in Bur chard v. State, that claimant was entitled to the expense of obtaining an abstract of his title to property appropriated in addition to the market value of the property taken, and the decision has since been followed .by this court.
I am of the opinion that the sections of the Code of Civil Procedure relating to the taxation of costs and disbursements do not apply to the Court of Claims. To hold this would be to declare section 274 of the Code unconstitutional, and I think it better to follow the direction of the Code as a part of the practice of this court until its provisions are directly passed upon, by the appellate courts.
I, therefore, dissent from the opinion of Judge Bodenbeclt, in so far as it grants to the claimant his costs and disbursements to be taxed by the clerk, upon the ground that there is no provision of law that permits it.
Murray, J. I concur in the views of Judge Swift.
Judgment accordingly.
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CASELAW
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Chella Chella - 2 months ago 10x
SQL Question
How to prevent Duplicate records from my table Insert ignore does not work here
mysql> select * from emp;
+-----+---------+------+------+------+
| eno | ename | dno | mgr | sal |
+-----+---------+------+------+------+
| 1 | rama | 1 | NULL | 2000 |
| 2 | kri | 1 | 1 | 3000 |
| 4 | kri | 1 | 2 | 3000 |
| 5 | bu | 1 | 2 | 2000 |
| 6 | bu | 1 | 1 | 2500 |
| 7 | raa | 2 | NULL | 2500 |
| 8 | rrr | 2 | 7 | 2500 |
| 9 | sita | 2 | 7 | 1500 |
| 10 | dlksdgj | 2 | 2 | 2000 |
| 11 | dlksdgj | 2 | 2 | 2000 |
| 12 | dlksdgj | 2 | 2 | 2000 |
| 13 | dlksdgj | 2 | 2 | 2000 |
| 14 | dlksdgj | 2 | 2 | 2000 |
+-----+---------+------+------+------+
Here is my table. I want to eliminate or prevent insertion of the duplicate records, as the
eno
field is
auto increment
total row never be duplicate, but the records are duplicates.
How can I prevent inserting those duplicate records
,
i tried using
INSERT IGNORE AND ON DUPLICATE KEY UPDATE
(I think I have not used them properly).
The way i used them is,
mysql> insert into emp(ename,dno,mgr,sal) values('dlksdgj',2,2,2000);
Query OK, 1 row affected (0.03 sec)
mysql> insert ignore into emp(ename,dno,mgr,sal) values('dlksdgj',2,2,2000);
Query OK, 1 row affected (0.03 sec)
mysql> insert into emp(ename,dno,mgr,sal) values('dlksdgj',2,2,2000) ON DUPLICATE KEY UPDATE eno=eno;
Query OK, 1 row affected (0.03 sec)
mysql> insert into emp(ename,dno,mgr,sal) values('dlksdgj',2,2,2000) ON DUPLICATE KEY UPDATE eno=eno;
Query OK, 1 row affected (0.04 sec
mysql> desc emp;
+-------+-------------+------+-----+---------+----------------+
| Field | Type | Null | Key | Default | Extra |
+-------+-------------+------+-----+---------+----------------+
| eno | int(11) | NO | PRI | NULL | auto_increment |
| ename | varchar(50) | YES | | NULL | |
| dno | int(11) | YES | | NULL | |
| mgr | int(11) | YES | MUL | NULL | |
| sal | int(11) | YES | | NULL | |
+-------+-------------+------+-----+---------+----------------+
can anybody give me a solution on this regard?
Thanks.
Answer
alter the table by adding UNIQUE constraint
ALTER TABLE employee ADD CONSTRAINT emp_unique UNIQUE (ename,dno,mgr,sal)
but you can do this if the table employee is empty.
or if records existed, try adding IGNORE
ALTER IGNORE TABLE employee ADD CONSTRAINT emp_unique UNIQUE (ename,dno,mgr,sal)
UPDATE 1
Something went wrong, I guess. You only need to add unique constraint on column ename since eno will always be unique due to AUTO_INCREMENT.
In order to add unique constraint, you need to do some cleanups on your table.
The queries below delete some duplicate records, and alters table by adding unique constraint on column ename.
DELETE a
FROM Employee a
LEFT JOIN
(
SELECT ename, MIN(eno) minEno
FROM Employee
GROUP BY ename
) b ON a.eno = b.minEno
WHERE b.minEno IS NULL;
ALTER TABLE employee ADD CONSTRAINT emp_unique UNIQUE (ename);
Here's a full demonstration
Comments
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ESSENTIALAI-STEM
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As the demand for increased security measures grows, technologies like IDS (intrusion detection system) and IPS (intrusion prevention system) are becoming more and more commonplace. These systems provide round-the-clock protection against potential threats, making them an essential part of any comprehensive security setup.
IDS/IPS systems have become increasingly popular as a means of protecting IT systems and managing cybersecurity threats and known attacks because they deliver robustly, personalized protection.
If you’re new to IDS and IPS, you probably want to learn more about what these systems are and why you need them.
What is IDS vs IPS?
Data breaches can be extremely costly for businesses, with the average cost of a data breach in 2021 estimated to be $4.24 million, according to a new report by IBM and the Ponemon Institute.
This represents a 10% increase from the average cost in 2019, which was $3.86 million. Given the potentially devastating financial impact of a data breach, it is essential for businesses to take steps to protect their data and prevent breaches from occurring.
This is where IDS and IPS come in to help you detect and prevent those destructive cyber attacks. IDS and IPS are quite similar to data breach response systems and often work in conjunction with one another to ensure those network threats are prevented and managed effectively.
• Intrusion Detection Systems (IDS): Monitors your network for suspicious activity and reports to create data sets. When an IDS system detects a potential threat or something suspicious, it will flag this with a warning notice. Action can then be taken in a strategic manner against the potential threat, independently of the IDS system. Unlike an IPS system, it doesn’t act as the middleman between the sender and receiver of information. An IDS system is more of a behind-the-scenes reporting system that provides information on which to base decisions.
• Intrusion Prevention Systems (IPS): Monitors network traffic by sitting behind the firewall and keeping any malicious attackers away from the rest of your network. IPS systems are able to recognize patterns in network traffic and act on them immediately so as to prevent malicious attacks. In doing this, IPS is an active security resource – that is, it responds to real-time data in order to stop cyber security attacks once a risk has been detected. Newer IPS systems rely on pre-programmed rules that allow them to take action. Whilst their main aim is to detect anomalies, once they find them, IPS systems are able to block IP addresses and forward the relevant malicious traffic. This way, they are more active (and proactive) than Intrusion Detection Systems.
Why do I need IDS/IPS?
There is no one-size-fits-all solution to cybersecurity, but having the right people and processes in place is crucial to keeping your organization safe. IDS/IPS services provide the ability to take quick action when your network is compromised, which can help prevent further damage.
Looking for a reliable and affordable way to protect your network from potential threats?
CyberMaxx utilizes IDS/IPS technology while also providing network detection and response services (NDR), which is the next evolution of network security.
Our MAXX Network delivers non-stop protection against malicious behavior, making sure you can sleep soundly at night knowing your business is safe and secure.
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ESSENTIALAI-STEM
|
Publication
ACM TACO
Paper
TokenSmart: Distributed, Scalable Power Management in the Many-core Era
View publication
Abstract
Centralized power management control systems are hitting a scalability limit. In particular, enforcing a power cap in a many-core system in a performance-friendly manner is quite challenging. Today's on-chip controller reduces the clock speed of compute domains in response to local or global power limit alerts. However, this is opaque to the operating system (OS), which continues to request higher clock frequency based on the workload characteristics acting against the centralized on-chip controller. To address these issues, we introduce TokenSmart, which implements a set of scalable distributed frequency control heuristics within the OS, using a novel token-based mechanism. The number of system-allocated power tokens represents the maximum allowable power consumption; and the OS governor orchestrates a token-passing (or sharing) algorithm between the compute engines. Token allocation count increase (decrease) corresponds to a increase (decrease) of clock frequency. The compute units are connected in a ring-topology allowing minimal meta-data to be passed along with the token value for regulating power budget. We explore different heuristics to assign tokens smartly across the units. This results in efficient power regulation and sustenance of turbo frequencies over a longer duration. Our proposed methodology can be implemented in hardware with multiple on-chip controllers, or in software where each set of cores acts as a compute unit. The methodology is currently implemented within the Linux kernel of a real IBM POWER9 many-core system and experimentally verified on different real world workloads such as Redis, Cassandra, PostgreSQL along with a micro-benchmark such as rt-app. Our experiments indicate the increase in throughput for all the workloads along with the benefit of power savings. For instance, results show a considerable boost of about 4% in throughput of both the PostgreSQL and Redis benchmark with a substantial savings in power consumption (18% and 37%, respectively). If the approach is implemented in hardware, then our experimental analysis speculates the throughput to increase up to 14% in PostgreSQL benchmark.
Date
17 Nov 2022
Publication
ACM TACO
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ESSENTIALAI-STEM
|
Diesel Cold Start into Congested Real World Traffic: Comparison of Diesel and B100 for Ozone Forming Potential
Paper #:
• 2013-01-1145
Published:
• 2013-04-08
DOI:
• 10.4271/2013-01-1145
Citation:
Hadavi, S., Andrews, G., Li, H., Przybyla, G. et al., "Diesel Cold Start into Congested Real World Traffic: Comparison of Diesel and B100 for Ozone Forming Potential," SAE Technical Paper 2013-01-1145, 2013, https://doi.org/10.4271/2013-01-1145.
Pages:
19
Abstract:
EU environmental law requires 30 ozone precursor volatile organic compounds (VOCs) to be measured for urban air quality control. In this study, 28 ozone precursor VOCs were measured at a rate of 0.5 Hz by an in-vehicle FTIR emission measurement system along with other VOCs. The vehicle used was a Euro 3 emission compliant diesel van. The test vehicle was started from a cold ambient temperature soak and driven under real world urban driving conditions. Diesel and B100 (100% Biodiesel) were compared using the same repeat journeys. The VOC emissions and OFP (ozone formation potential) were investigated as a function of engine warm up and ambient temperatures during cold start. The exhaust temperatures were measured along with the exhaust emissions. The temperature and duration of light off of the catalyst for VOC were monitored and showed a cold start period to catalyst light off that was considerably longer than would occur on the NEDC (New European Driving Cycle). The results showed that compounds that formed ozone were significantly higher in diesel exhausts and were higher than equivalent compounds in SI vehicles under cold start in real world urban driving. For B100 aldehyde emissions were higher than for diesel and this is a strong ozone forming gas. However, other VOCs that form ozone were lower than diesel. The higher VOCs with diesel compared to SI engines was mainly due to the oxidation catalyst not being active for much of the journey, whereas in SI engines VOC emissions were only significant during the cold start period. The results will also be shown to be dominated by transient events at junctions and by the cold start period
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Wendell Lewis Willkie House
Wendell Lewis Willkie House, also known as the Cullen-Mauzy-Willkie House, is a historic home located in Rushville, Indiana, that was the home of Republican presidential candidate Wendell Willkie from 1940 to 1944.
Built about 1874, it is a $2 1/2$-story, "L"-plan, Italianate brick dwelling, with a slate hipped roof, and sitting on a limestone foundation. It features segmental arched openings, paired scroll brackets, decorative rosettes, projecting bay, and a replacement porch built about 1900.
The house was listed in the National Register of Historic Places in 1993.
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WIKI
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2008 United States presidential election in North Carolina
The 2008 United States presidential election in North Carolina was part of the national event on November 4, 2008, throughout all 50 states and D.C. In North Carolina, voters chose 15 representatives, or electors, to the Electoral College, who voted for president and vice president.
North Carolina was won by Democratic nominee Barack Obama with a 0.32% margin of victory. Prior to the election, most news organizations considered the state as a toss-up or a swing state. Throughout the general election, the state was heavily targeted by both campaigns. A high turnout by African-American voters, bolstered by overwhelming support from younger voters were the major factors that helped deliver North Carolina's 15 electoral votes to Obama, making him the first Democratic presidential nominee to carry the state since 1976, when Jimmy Carter prevailed.
, this is the last time the Democratic nominee carried North Carolina, which would vote Republican by narrow margins in the next three elections while still being considered a swing state. This is also the last time Jackson, Hyde, and Caswell counties would vote Democratic; and the last time Nash County voted for the losing candidate nationwide. Despite both states being won by the Democratic nominee, this is the most recent election where North Carolina voted to the right of Indiana, which is considered to be much more of a Republican stronghold.
Primaries
* 2008 North Carolina Democratic primary
* 2008 North Carolina Republican primary
Predictions
A total of 16 news organizations made state-by-state predictions of the election. Here are their last predictions before election day:
Polling
Early on, McCain won almost every single pre-election poll. However, on September 23, Rasmussen Reports showed Obama leading in a poll for the first time. He won the poll 49% to 47%. After that, polls showed the state being a complete toss-up, as both McCain and Obama were winning many polls and no candidate was taking a consistent lead in the state. Commentators attributed the drastic turnaround in the state to the influence of voter unhappiness about the financial crisis and the effectiveness of heavy advertising and organizing to get out the vote by the Obama campaign in the fall election. The final 3 polls found a tie with both candidate at 49%, which was accurate compared to the results.
Fundraising
John McCain raised a total of $2,888,922 in the state. Barack Obama raised $8,569,866.
Advertising and visits
Obama and his interest groups spent $15,178,674. McCain and his interest groups spent $7,137,289. The Democratic ticket visited the state 12 times. The Republican ticket visited the state 8 times.
Analysis
The winner was not certain even several days after the election, as thousands of provisional and absentee ballots were still being counted. However, when it became evident that McCain would need to win an improbable majority of these votes to overcome Obama's election night lead, the major news networks finally called the state's 15 electoral votes for Obama. North Carolina was the second-closest state in 2008; only in Missouri was the race closer. Situated in the increasingly Republican-dominated South, North Carolina was an anomaly by 2008. While still Democratic-leaning at the local and state level, the last Democratic presidential nominee to carry North Carolina up to that point was Jimmy Carter in 1976. Not even the Southern moderate Bill Clinton of Arkansas carried it in either of his elections (though he came very close in 1992), and in 2004, Democratic nominee John Kerry lost North Carolina by a 12-point margin despite his running mate John Edwards being a sitting Senator from the state.
Obama decided early on to campaign aggressively in the state. It paid off quickly; most polls from spring onward showed the race within single digits of difference between the candidates. He also dramatically outspent McCain in the state and had an extensive grassroots campaign of organizing to get out the vote. This was also one of the closest statewide contests of 2008, as Obama captured North Carolina just by 0.32% of the vote - a margin of only 14,177 votes out of 4.2 million statewide. Only in Missouri was the race closer, where McCain nipped Obama by less than 4,000 votes, a margin of 0.14%.
Republicans have traditionally done well in the western part of North Carolina which is a part of Appalachia, while Democrats are stronger in the urbanized east. When a Democrat wins in North Carolina, almost everything from Charlotte eastward is usually coated blue. Even when Democrats lose, they often still retain a number of counties in the industrial southeast (alongside Fayetteville), the African-American northeast, the fast-growing I-85 corridor in the Piedmont, and sometimes the western Appalachian region next to Tennessee. For example, a map of Bill Clinton's narrow 1992 loss in North Carolina shows him narrowly winning all these regions.
Obama did not take the traditional Democratic path to victory. Instead, his main margins came from the cities, where he did particularly well throughout the country. While Obama won only 33 of North Carolina's 100 counties, these counties contained more than half of the state's population. Obama's victory margin came largely by running up huge majorities in the I-85 corridor, a developing megalopolis which is home to more than two-thirds of the state's population and casts almost 70% of the state's vote. The state's five largest counties--Mecklenburg (home to Charlotte) Wake (home to Raleigh), Guilford (home to Greensboro), Forsyth (home to Winston-Salem) and Durham (home to Durham)--are all located in this area, and Obama swept them all by 11 percentage points or more. He particularly attracted highly affluent and educated migrants from the Northeast, who traditionally tend to vote Democratic; as well as African Americans, Hispanics (an increasing population in the state), and college students, voting blocs who had overwhelmingly supported him during the course of the 2008 Democratic presidential primary. In 1992, Bill Clinton was able to win only Durham County by this margin; he narrowly lost Forsyth and Mecklenburg (the latter was where Obama had his biggest margin in the state). Ultimately, Obama's combined margin of 350,000 votes in these counties was too much for McCain to overcome.
McCain did well in the Charlotte suburbs, Appalachian foothills, and mountain country; he carried all but four counties west of Winston-Salem. Aside from the I-85 corridor, Obama's results were mediocre in the traditional Democratic base. He lost badly in Appalachia, mirroring the difficulties he had throughout this region. Obama won only three counties in this region, one of which was Buncombe County, home to Asheville, the largest city in the region and a destination for retirees from the North. In the Fayetteville area, he did as well as Al Gore (who had lost North Carolina by double digits).
During the same election, Democrats picked up a seat in the U.S. House of Representatives in North Carolina's 8th congressional district, where incumbent Republican Robin Hayes was ousted by Democrat Larry Kissell, a high school social studies teacher who almost toppled Hayes in 2006. Kissell received 55.38% of the vote while Hayes took in 44.62%, a 10.76-percent difference. Democrats held onto the Governor's Mansion; term-limited incumbent Democratic Governor Mike Easley was ineligible to seek a third term but Lieutenant Governor Beverly Perdue defeated Republican Pat McCrory, the incumbent mayor of Charlotte. Perdue received 50.23% of the vote while McCrory took 46.90%, with the remaining 2.86% going to Libertarian Michael Munger.
In a highly targeted U.S. Senate race, Democratic State Senator Kay Hagan defeated incumbent Republican Elizabeth Dole by a wider-than-anticipated margin - by 8.47 points. Hagan received 52.65% while Dole took 44.18%. The race received widespread attention after the National Republican Senatorial Committee (NRSC) ran its notorious "Godless" ad that accused Hagan, a Sunday school teacher, of accepting money from atheists and accused her of being an atheist. The adverse reaction resulting from the ad was considered a major factor contributing to Dole's defeat. At the state level, Democrats increased their gains in the North Carolina General Assembly, picking up five seats in the North Carolina House of Representatives and one seat in the North Carolina Senate.
According to exit polls, more than 95% of African American voters cast ballots for Obama. This played a critical role in North Carolina, as 95% of the state's registered African-American voters turned out, with Obama carrying an unprecedented 100% of African-American women, as well as younger African-Americans aged 18 to 29, according to exit polling. Comparatively, the overall turnout of voters statewide was 69%.
Counties that flipped from Republican to Democratic
* Bladen (largest town: Elizabethtown)
* Buncombe (largest town: Asheville)
* Caswell (largest town: Yanceyville)
* Cumberland (largest town: Fayetteville)
* Forsyth (largest town: Winston-Salem)
* Granville (largest town: Oxford)
* Hyde (largest town: Swanquarter)
* Jackson (largest town: Sylva)
* Martin (largest town: Willianston)
* Pitt (largest town: Greenville)
* Wake (largest town: Raleigh)
* Watauga (largest town: Boone)
* Wilson (largest town: Wilson)
By congressional district
Despite Barack Obama winning North Carolina, John McCain carried seven of the state's 13 congressional districts, including two districts represented by Democrats in the U.S. House of Representatives.
Electors
Technically the voters of North Carolina cast their ballots for electors: representatives to the Electoral College. North Carolina is allocated 15 electors because it has 13 congressional districts and 2 senators. All candidates who appear on the ballot or qualify to receive write-in votes must submit a list of 15 electors, who pledge to vote for their candidate and their running mate. Whoever wins the majority of votes in the state is awarded all 15 electoral votes. Their chosen electors then vote for president and vice president. Although electors are pledged to their candidate and running mate, they are not obligated to vote for them. An elector who votes for someone other than their candidate is known as a faithless elector.
The electors of each state and the District of Columbia met on December 15, 2008, to cast their votes for president and vice president. The Electoral College itself never meets as one body. Instead the electors from each state and the District of Columbia met in their respective capitols.
The following were the members of the Electoral College from the state. All 15 were pledged to Barack Obama and Joe Biden:
* 1) Janice Cole
* 2) Louise Sewell
* 3) Virginia Tillett
* 4) Linda Gunter
* 5) Timothy Futrelle
* 6) Wayne Abraham
* 7) Armin Ancis
* 8) Wendy Wood
* 9) Michael Cognac
* 10) Dan DeHart
* 11) Harley Caldwell
* 12) Samuel Spencer
* 13) Patricia Hawkins
* 14) Sid Crawford
* 15) Kara Hollingsworth
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WIKI
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Talk:Martha Stewart
"Convicted" in lead - NPOV?
Seems like overkill to stated "convicted" twice in the lead, once in each paragraph. It is not her claim to fame, so I'd think as written in the second paragraph would suffice; the double mention seems a little skewing on the WP:NPOV. Anyone else? Lindenfall (talk) 21:53, 13 December 2019 (UTC)
Seconded. Evieliam (talk) 04:07, 29 March 2020 (UTC)
Agreed. It is not her primary claim to fame and she is not currently in prison. — Preceding unsigned comment added by Valereee (talk • contribs) 11:56, June 19, 2020 (UTC)
* And we don't need to label her as a "felon". She was convicted and served a short sentence (extensively covered in the article and lead) but it's not why she is notable. Meters (talk) 04:23, 25 February 2021 (UTC)
Felon
So I noticed when referring to people of color who committed crimes, “felon” was courted in the bio but not for Martha and others. Why is this Empress39 (talk) 20:58, 26 February 2021 (UTC)
* Please don't insert new topics into years-old threads. I have moved your thread to the bottom of this page and added a header
* See the replies to the previous two threads. If you think there are problems in other articles then discuss those problems on those pages' talk pages. Stewart served a short sentence years ago for a white collar crime, and her crime, conviction, and sentence are extensively covered in this article. Consensus so far on this page seems to be that she is not primarily known for her conviction and thus it is not appropriate to label her as a felon. Meters (talk) 21:43, 26 February 2021 (UTC)
* And there are certainly also Black celebrities who have served prison time whose Wikipedia articles do not label them as felons or criminals either. See Mike Tyson, Snoop Dogg, Michael Vick, 50 Cent, Shyne, Tupac Shakur, and Wesley Snipes for example. Meters (talk) 22:17, 26 February 2021 (UTC)
* And no, using "convicted criminal" in the first line of the lead is no better. Meters (talk) 02:25, 17 June 2021 (UTC)
* And since we have another new editor who is suggesting this is racism, I'll point out that we also have articles about White celebrities where we justifiably mention their convictions in the first sentence of the lead. See Harvey Weinstein, for example. who had an article long before he became notorious for his crimes. Meters (talk) 03:38, 7 July 2021 (UTC)
* Hi <IP_ADDRESS> (talk) 01:23, 4 February 2024 (UTC)
* @Empress39, the crucial issue is whether the person's notability comes at least partially from their felony conviction. Stewart was notable long before this conviction, so we don't include it in the lead sentence as a descriptor. We do cover it in the lead of this article, but not in the first sentence. —valereee (talk) 16:45, 25 July 2021 (UTC)
* That’s not true. It seems the focus of this article focuses on one unfortunate episode of her life which is unfair. If you look at the article on Mike Tyson for instance it mentions his rape conviction but the focus is on his career. At no point in that article does it say felon or rapist.
* Mike Tyson <IP_ADDRESS> (talk) 02:07, 20 January 2024 (UTC)
Orange is the New Black
Under "popular media," wouldn't it make sense to mention that a character deliberately modelled on Martha Stewart was featured in a season of Orange is the New Black? --Christofurio (talk) 15:37, 13 February 2022 (UTC)
Might want to consider an episode on halitosis <IP_ADDRESS> (talk) 17:18, 8 June 2023 (UTC)
can u come to our after our wedding <IP_ADDRESS> (talk) 06:54, 5 June 2024 (UTC)
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WIKI
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/* This file is part of the KDE project SPDX-FileCopyrightText: 2010 Thomas Fjellstrom SPDX-License-Identifier: LGPL-2.0-or-later */ #ifndef KATE_FILETREE_PLUGIN_H #define KATE_FILETREE_PLUGIN_H #include #include #include #include #include #include #include #include "katefiletreepluginsettings.h" #include class KToolBar; class KateFileTree; class KateFileTreeModel; class KateFileTreeProxyModel; class KateFileTreeConfigPage; class KateFileTreePluginView; class QLineEdit; class KateFileTreePlugin : public KTextEditor::Plugin { Q_OBJECT public: explicit KateFileTreePlugin(QObject *parent = nullptr, const QList & = QList()); ~KateFileTreePlugin() override; QObject *createView(KTextEditor::MainWindow *mainWindow) override; int configPages() const override; KTextEditor::ConfigPage *configPage(int number = 0, QWidget *parent = nullptr) override; const KateFileTreePluginSettings &settings(); void applyConfig(bool shadingEnabled, const QColor &viewShade, const QColor &editShade, bool listMode, int sortRole, bool showFulPath); public Q_SLOTS: void viewDestroyed(QObject *view); private: QList m_views; KateFileTreeConfigPage *m_confPage = nullptr; KateFileTreePluginSettings m_settings; }; class KateFileTreePluginView : public QObject, public KXMLGUIClient, public KTextEditor::SessionConfigInterface { Q_OBJECT Q_INTERFACES(KTextEditor::SessionConfigInterface) public: /** * Constructor. */ KateFileTreePluginView(KTextEditor::MainWindow *mainWindow, KateFileTreePlugin *plug); /** * Virtual destructor. */ ~KateFileTreePluginView() override; void readSessionConfig(const KConfigGroup &config) override; void writeSessionConfig(KConfigGroup &config) override; /** * The file tree model. * @return the file tree model */ KateFileTreeModel *model(); /** * The file tree proxy model. * @return the file tree proxy model */ KateFileTreeProxyModel *proxy(); /** * The file tree. * @return the file tree */ KateFileTree *tree(); void setListMode(bool listMode); bool hasLocalPrefs(); void setHasLocalPrefs(bool); protected: void setupActions(); private: QWidget *m_toolView; KToolBar *m_toolbar; KateFileTree *m_fileTree; KateFileTreeProxyModel *m_proxyModel; QLineEdit *m_filter; KateFileTreeModel *m_documentModel; bool m_hasLocalPrefs = false; bool m_loadingDocuments; KateFileTreePlugin *m_plug; KTextEditor::MainWindow *m_mainWindow; private Q_SLOTS: void showToolView(); void hideToolView(); void showActiveDocument(); void activateDocument(KTextEditor::Document *); void viewChanged(KTextEditor::View * = nullptr); void documentOpened(KTextEditor::Document *); void documentClosed(KTextEditor::Document *); void viewModeChanged(bool); void sortRoleChanged(int); void slotAboutToCreateDocuments(); void slotDocumentsCreated(const QList &); void slotDocumentSave(); void slotDocumentSaveAs(); }; #endif // KATE_FILETREE_PLUGIN_H
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ESSENTIALAI-STEM
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fmradiointernalpskeys.h File Reference
const TUid KFMRadioPSUid
const TUid KFMRadioPSUid
const TUint32 KFMRadioPSDataChannel
const TUint32 KFMRadioPSDataChannel
/ Data properties. These properties are published by fmradio and used by other applications. /// / Currently active channel's ID. Value KErrNotFound means that no preset channel is active. Type RProperty::EInt .
const TUint32 KFMRadioPSDataFrequency
const TUint32 KFMRadioPSDataFrequency
Currently active frequency. Frequency unit is in kHz. Type RProperty::EInt .
const TUint32 KFMRadioPSDataRadioPowerState
const TUint32 KFMRadioPSDataRadioPowerState
Current power state of the radio. Type RProperty::EInt . TFMRadioPSRadioPowerState .
const TUint32 KFMRadioPSDataVolume
const TUint32 KFMRadioPSDataVolume
Current volume level. Scale is from 1-10. Type RProperty::EInt .
const TUint32 KFMRadioPSDataChannelDataChanged
const TUint32 KFMRadioPSDataChannelDataChanged
Changing of this value means that channel data of specified channel ID has changed. The value remains indicating the last changed channel ID. Value KErrNone means that no channel data has been changed yet. Type RProperty::EInt .
const TUint32 KFMRadioPSDataTuningState
const TUint32 KFMRadioPSDataTuningState
The current tuning state. Type RProperty::EInt . TFMRadioPSTuningState .
const TUint32 KFMRadioPSDataRadioMuteState
const TUint32 KFMRadioPSDataRadioMuteState
Current mute state of radio. Type RProperty::EInt . TFMRadioPSRadioMuteState .
const TUint32 KFMRadioPSDataApplicationRunning
const TUint32 KFMRadioPSDataApplicationRunning
Indicates if FM Radio is running or closing. Type RProperty::EInt . TFMRadioPSApplicationRunningState .
const TUint32 KFMRadioPSDataHeadsetStatus
const TUint32 KFMRadioPSDataHeadsetStatus
Indicates the current antenna connectivity status. Type RProperty::EInt . TFMRadioPSHeadsetStatus
const TUint32 KFMRadioPSDataFrequencyDecimalCount
const TUint32 KFMRadioPSDataFrequencyDecimalCount
The current frequency decimal count. Type RProperty::EInt . TFMRadioPSFrequencyDecimalCount .
const TUint32 KFMRadioPSDataMovingState
const TUint32 KFMRadioPSDataMovingState
Current moving state of application. Note that even if user activates the moving state, the move can be still canceled. Type RProperty::EInt . TFMRadioPSMovingState
const TUint32 KFMRadioPSDataNetworkConnected
const TUint32 KFMRadioPSDataNetworkConnected
Flag to indicate if we're connected to the network.
const TUint32 KFMRadioPSDataLoudspeakerStatus
const TUint32 KFMRadioPSDataLoudspeakerStatus
Flag to indicate if loudspeaker is in use
const TUint32 KFMRadioPSDataRDSProgramService
const TUint32 KFMRadioPSDataRDSProgramService
RDS Program Service information, property type is text.
const TUint32 KFMRadioPSDataRDSRadioText
const TUint32 KFMRadioPSDataRDSRadioText
RDS Radio Text information. Type RProperty::EText .
const TUint32 KFMRadioPSDataChannelName
const TUint32 KFMRadioPSDataChannelName
Name of the current channel. Type RProperty::EText .
const TUint32 KFMRadioPSControlSetRadioMuteState
const TUint32 KFMRadioPSControlSetRadioMuteState
/ Control properties. These properties are published by other applications and used by FMRadio. /// / Sets mute state on or off. Type RProperty::EInt . TFMRadioPSRadioMuteState .
const TUint32 KFMRadioPSControlAdjustVolume
const TUint32 KFMRadioPSControlAdjustVolume
Increases or decreases volume level. Type RProperty::EInt . TFMRadioPSAdjustVolume .
const TUint32 KFMRadioPSControlStepToChannel
const TUint32 KFMRadioPSControlStepToChannel
/ Control properties. These properties are published by other applications and used by FM Radio. /// / Steps up or down a channel in channel list. Type RProperty::EInt . TFMRadioPSStepToChannel .
const TUint32 KFMRadioPSControlSeek
const TUint32 KFMRadioPSControlSeek
Seeks to next active frequency up or down. Type RProperty::EInt . TFMRadioPSSeek .
const TUint32 KFMRadioActiveIdlePresetListCount
const TUint32 KFMRadioActiveIdlePresetListCount
const TUint32 KFMRadioActiveIdlePresetListFocus
const TUint32 KFMRadioActiveIdlePresetListFocus
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ESSENTIALAI-STEM
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Talk:Brazilian submarine Humaitá (S20)
Correct Brazilian Portuguese spelling
"Humaitá" (with accent) is the correct spelling in Brazilian Portuguese. This should be used in the article, if not the title. --Wloveral (talk) 22:01, 9 July 2008 (UTC)
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WIKI
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Russell William RAMEY, and Robert Cohen, on behalf of each and on behalf of all others similarly situated, Plaintiffs, v. Nelson ROCKEFELLER, Governor of the State of New York, et al., Defendants. Toby GUTWILL, on behalf of herself and all others similarly situated, and Richard Yolken, on behalf of himself and others similarly situated, Plaintiffs, v. Nelson ROCKEFELLER, Governor of the State of New York, et al., Defendants.
Civ. Nos. 71-C-1282, 71-C-964.
United States District Court, E. D. New York.
Oct. 3, 1972.
Burt Neuborne, New York City (Bruce J. Ennis and Arthur Eisenberg, New York Civil Liberties Union, New York City, of counsel), for plaintiffs Ramey and Cohen.
Seymour Friedman, Brooklyn, N. Y., for plaintiffs Gutwill and Yolken.
A. Seth Greenwald, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of the State of New York and Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for defendants Nelson Rockefeller and John P. Lomenzo.
Melvyn Tanenbaum, Asst. ■ County Atty. (George W. Percy, Jr., County Atty., Suffolk County, Riverhead, N. Y., of counsel), for defendants Everett F. McNabb, Frank Coveney and Suffolk County Board of Elections.
Before FRIENDLY, Chief Circuit Judge, MISHLER, Chief District Judge, and BARTELS, District Judge.
FRIENDLY, Chief Circuit Judge:
We deal here with two complaints filed in August and September, 1971, by students living in dormitories at the State University of New York, at Stony Brook, Suffolk County, Long Island. The complaints, both seeking designation as class actions, ask for an injunction against the enforcement and a declaration of the unconstitutionality of § 151 of the New York Election Law, McKinney’s Consol.Laws, c. 100, which we reproduce in the margin. The individual plaintiffs in the Ramey action are Russell William Ramey, who was a 19 year old sophomore as of the filing of the complaint, and Robert Cohen/who was then aged 20, and was scheduled to graduate in June, 1972. The individual plaintiffs in the Gutwill action are Toby Gutwill, who was a 19 year old sophomore, and Richard Yolken, who was a 22 year old junior. All had attempted to register in Suffolk County during the summer of 1971 and the Ramey plaintiffs, at least, had filed affidavits as requested by the Board of Election, but had then been refused permission to register. On November 17, 1971, an order was entered convening a three-judge court pursuant to 28 U.S.C. §§ 2281, 2284, and a hearing was scheduled for December 20, 1971.
Meanwhile, proceedings involving similar claims had been instituted in the New York courts. In October, 1971, 176 dormitory residents at Stony Brook, not including the four individual plaintiffs in these actions, but represented by the same counsel who represents the plaintiffs in Ramey, filed a petition in the Supreme Court of New York for Suffolk County for review of the refusal of the Board of Elections to allow them to register. The action, then entitled Blumenthal v. Suffolk County Board of Elections, came before the late Mr. Justice Ritchie who on October 22 ruled that it was error for the Board of Elections summarily to deny registration to the students on the ground that they were dormitory residents. He directed that the petitioners be allowed to reapply before the November election, and that they answer a questionnaire prepared by him which would form the basis for the Board’s decision. Eighty-three of the petitioners submitted questionnaires but the Board of Elections accepted only two applicants, a married couple. The rejected 81 sought supplemental relief, the title of the proceeding having been changed to Palla v. Suffolk County Board of Elections, before Mr. Justice DeLuca on November 1. Justice DeLuca found that the affidavits qualified such of the petitioners who had not registered elsewhere for registration at Stony Brook and directed that these, 64 in number, be allowed to register and vote in the November, 1971 election.
With the Supreme Court’s decision in Palla on appeal to the Appellate Division, the proceedings in the New York courts seemed to offer hope of both an authoritative interpretation of the 1971 amendments to § 151 discussed below, and a resolution of the precise issue involved here. Therefore, at the request of counsel for the Ramey plaintiffs, we deferred our hearing pending the outcome of the proceedings in the New York courts.
The New York courts have now completed their initial consideration of the State proceedings. The Appellate Division for the Second Department reversed the decision of Justice DeLuca, 38 A.D. 2d 84, 327 N.Y.S.2d 739 (1971), holding, in an opinion by Mr. Justice Benjamin, that the issues of fact must be resolved on the basis of sworn testimony in open court rather than answers to questionnaires or affidavits, and remanded for hearing in each case. Plaintiffs appealed to the Court of Appeals, where the case was considered along with two others relating to students at other New York universities and colleges. On June 7, 1972, a unanimous court, speaking through Judge Scileppi, held the New York statutes to be constitutional and approved the ruling of the Appellate Division for the Second Department in Palla. Palla v. Suffolk County Board of Elections, 31 N.Y.2d 36, 334 N.Y.S.2d 860 (1972). Upon the representation of counsel for the plaintiffs in Ramey that he doubted whether the Palla decision was a final judgment subject to Supreme Court review under 28 U.S.C. § 1257, we set argument on defendants’ motion to dismiss and plaintiffs’ request for injunctive and declaratory relief.
We confront at the outset a contention by the defendants, citing England v. Louisiana State Board of Medical Examiners, 375 U.S. 411, 419, 84 S.Ct. 461, 11 L.Ed.2d 440 (1964), that the judgment in Palla operates as res judicata and precludes our consideration of plaintiffs’ constitutional claims. We have an initial puzzlement how this could be so if plaintiffs are right in believing, as we think they are, that Pedia had not yet reached the degree of finality required to permit Supreme Court review. See Restatement of Judgments § 41 (1942). There are additional grounds, however, for rejecting defendants’ argument. The individual plaintiffs in these actions were not parties to Palla, and the latter was not a class action. We know of no basis for holding that the mere fact that the same attorney represented the parties in another action that has gone to judgment makes the latter res adjudicata against his client. Finally, even if we thought the Ramey plaintiffs bound by the determination in Palla, this would not affect the plaintiffs in Gutwill. We therefore turn to plaintiffs’ constitutional claims.
Before discussing these questions, further elaboration of the New York Constitution and statutes will be useful. Article II, sectio.n 1 of the Constitution, which can be traced back to Article 7 of the Constitution of 1777, confers the right to vote on every citizen of the age of 21 or over who “shall have been a resident of this state, and of the county, city, or village for three months next preceding an election.” This provision is carried forward in § 150 of the Election Law. In light of the Twenty-Sixth Amendment, 21 must now be read as 18., see Formal Op. No. 35-B, VIII Att’y Gen’l Rep., No. IV (Mar.-Apr. 1972), and in light of Dunn v. Blumstein, 405 U.S. 330, 92 S.Ct. 995, 31 L.Ed.2d 274 (1972), three months must now be read as 30 days, see Atkin v. Onondaga County Board of Elections, 30 N.Y.2d 401, 334 N.Y.S.2d 377 (1972). Article 2, § 4, which can be traced .back to Art. 2, § 3, of the Constitution of 1846, states:
§ 4. [Certain occupations and conditions not to affect residence]
For the purpose of voting, no person shall be deemed to have gained or lost a residence, by reason of his presence or absence, while employed in the service of the United States; nor while engaged in the navigation of the waters of this state, or of the United States, or of the high seas; nor while a student of any seminary of learning ; nor while kept at any almshouse, or other asylum, or institution wholly or partly supported at public expense or by charity; nor while confined in any public prison.
The. essence of this has long been in the Election Law; until 1971 its substance, in somewhat more modern form, constituted the whole of § 151. After adoption of the Twenty-Sixth Amendment the 1971 legislature made this, with some minor modifications, § 151(a), and added the new sections (b) and (c), quoted in footnote 1. Laws of N.Y.1971, ch. 1096, effective July 2, 1971.
We find little force in plaintiffs’ contention that the singling out of students and certain other classes in § 151(a) is an unconstitutional discrimination. So far as the language, “no person shall be deemed to have gained or lost a residence by reason of his presence . . .,” is concerned, this cannot reasonably be read as outlawing all consideration of “presence”. Obviously the legislature did not mean to deny that a student’s presence in the state meets the element of “physical presence” required to establish a domicile of choice, Restatement (Second) of the Conflict of Laws §§ 15(2) (a), 16 (1971). The words say to us only that presence of a former non-domiciliary as a student within the state is not alone sufficient to supply, nor is absence of a former domiciliary as a student alone sufficient to lose, the required mental element. This reading, which fits comfortably within common law notions of the intention needed for -acquiring domicile, has been adopted by the New York Court of Appeals. Palla v. Suffolk County Board of Elections, supra, 31 N.Y.2d at 47, 334 N.Y.S.2d at 867.
We see nothing constitutionally impermissible in New York’s having thus enumerated certain categories of persons who, despite their physical presence, may lack the intention required for voting, persons who, in the Supreme Court’s words, “present specialized problems in determining residence.” Carrington v. Rash, 380 U.S. 89, 95, 85 S.Ct. 775, 779, 13 L.Ed.2d 675 (1965). Indeed, the Court there implicitly approved a Texas statute doing precisely this, so long as persons within the categories, including students, “are given at least an opportunity to show the election officials that they are bona fide residents.” Id. See also 380 U.S. at 91-92 n. 3, 85 S.Ct. 775, 780, and Wilson v. Symm, 341 F.Supp. 8 (S.D.Tex.1972). It is immaterial that the fertile brains of able counsel have been able to conceive of other categories possessing elements of transiency or involuntariness similar to the five listed in § 151(a). It is not a violation of equal protection to select for individual inquiry categories of citizens presenting the most obvious problems, Williamson v. Lee Optical of Oklahoma, Inc., 348 U.S. 483, 489, 75 S.Ct. 461, 99 L.Ed. 563 (1955); Joseph E. Seagram & Sons, Inc. v. Hostetter, 384 U.S. 35, 50-51, 86 S.Ct. 1254, 16 L.Ed.2d 336 (1966), as long as the ultimate standard is the same for all, as it is here. Beyond this it is worth noting that § 151(a) is not simply a disenfranchising provision; it may often operate as a franchise preserving provision, as for the New Yorker long absent in the service of the United States or as a student in some other state or foreign country.
We likewise reject the contention that § 151(a) violates § 101(a) of the Civil Rights Act of 1964, 78 Stat. 241, 42 U.S.C. § 1971(a)(2)(A), which provides:
(2) No person acting under color of law shall—
(A) in determining whether any individual is qualified under State law or laws to vote in any election, apply any standard, practice, or procedure different from the standards, practices, or procedures applied under such law or laws to other individuals within the same county, parish, or similar political subdivision who have been found by State officials to be qualified to vote.
This provision was enacted as part of Title I of the Civil Rights Act of 1964, which was “designed to meet problems encountered in the operation and enforcement of the Civil Rights Act of 1957 and 1960, by which the Congress took steps to guarantee to all citizens the right to vote without discrimination as to race or color.” H.R.Rep.No.914, 88th Cong., 1st Sess. 19 (1963). Specifically, this provision was intended to deal with the “[discriminatory use of literacy tests and other devices.” Id. Plaintiffs have pointed to nothing in the legislative history which would indicate a Congressional intention to give the quoted provision a scope broader than the rest of the statute. Moreover, when the Court in Carrington v. Rash, supra, 380 U.S. at 95, 85 S.Ct. at 779, approved Texas’s provisions for special scrutiny of the residence of students and others who “present specialized problems in determining residence,” it presumably was aware of the 1964 statute.
We turn therefore to the claim that § 151(b) and (c), more particularly the former, violate the Equal Protection Clause of the Fourteenth Amendment. We start from the proposition, stated in Carrington v. Rash, 380 U.S. 89, 96, 85 S.Ct. 775, 780, 13 L.Ed.2d 675 (1965), that a state “is free to take reasonable and adequate steps . to see that all applicants for the vote actually fulfill the requirements of bona fide residence.” We recognize that the Court has taken an increasingly severe approach under the equal protection clause to state laws which restrict the right to vote, compare Drueding v. Devlin, 234 F.Supp. 721 (D.Md.1964), aff’d, 380 U.S. 125, 85 S.Ct. 807, 13 L.Ed.2d 792 (1965), with Dunn v. Blumstein, supra, 405 U.S. at 337, 92 S.Ct. 995. However, the Court has time and again reaffirmed its words in Carrington, quoted above, and its further statement in that case, 380 U.S. at 93-94, 85 S.Ct. at 779, “We stress — and this is a theme to be reiterated — that Texas has the right to require that all military personnel enrolled to vote be bona fide residents of the community.” See Kramer v. Union Free School District No. 15, 395 U.S. 621, 625, 89 S.Ct. 1886, 23 L.Ed.2d 583 (1969); Evans v. Cornman, 398 U.S. 419, 421, 90 S.Ct. 1752, 26 L.Ed.2d 370 (1970); Dunn v. Blumstein, supra, 405 U.S. at 343, 92 S.Ct. 995. Indeed, the Court in Dunn acknowledged that “[a]n appropriately defined and uniformly applied requirement of bona fide residence may be necessary to preserve the basic conception of a political community, and therefore could withstand close constitutional scrutiny.” 405 U.S. at 343-344, 92 S.Ct. at 1004. Such a requirement stands, and has been recognized by the Court to stand, on a quite different basis from poll taxes, Harper v. Virginia State Board of Elections, 383 U.S. 663, 86 S.Ct. 1079, 16 L.Ed.2d 169 (1966); property ownership, Kramer v. Union Free School District No. 15, supra-, and durational residency requirements, Dunn v. Blumstein, supra.
We thus turn to the question whether, in the Supreme Court’s words, the New York test is “appropriately defined.” Before determining the permissible tests of bona fide residency, we must first consider the state interests which the test of bona fide residence serves. The Supreme Court in Dunn indicated that such a requirement might be necessary “to preserve the basic conception of a political community.” The New York Court of Appeals has said that the “mischief against which the law was aimed was ‘the participation of an unconcerned body of men in the control through the ballot box, of municipal affairs in whose further conduct they have no interest and from the mismanagement of which by the officers their ballots might elect they sustain no injury.’ ” Robbins v. Chamberlain, 297 N.Y. 108, 111-112, 75 N.E.2d 617, 618 (1947). The state argues here that “New York is seeking to insure that all voters have a true feeling of responsibility for the acts of their elected officials. The laws passed and the acts taken by those officials have a permanency far beyond the limited period that the student is at the college.”
Elaborating on this, it can be argued that a test of intention to remain “permanently” or “indefinitely” is constitutionally permissible because a person who does not have such a long-range interest in the community will have voting choices that are distorted in accord with the limited nature of his interest. He may be less likely to vote for financing of such long-term needs as schools or roads if he has no intention of remaining in the community beyond a fixed future date or, per contra, may be more likely to vote for improvements in whose costs he will not long have to share. The Supreme Court was faced with essentially these same arguments in Carrington, but was not required to rule on them in view of the concession that the petitioner there did have the requisite intention.
Against this it is contended that, in these days of an increasingly mobile society, it would be the rare citizen who could swear honestly that he intended to reside at his present address permanently; even if the test of indefinite intention is different, there would undoubtedly be many citizens with “definite” hopes of moving to better job opportunities, more pleasant climates, and the like. If such a test were in fact imposed on all citizens, it would go too far in restricting the vote to the more immobile elements of the populace; it would penalize, perhaps irrationally, those who make definite plans, while allowing the drifters who have uncertain plans to vote. And if the test were in fact only applied to students, then it would be an impermissible discrimination against them.
Thus, we think that the only constitutionally permissible test is one which focuses on the individual’s present intention and does not require him to pledge allegiance for an indefinite future. The objective is to determine the place which is the center of the individual’s life now, the locus of his primary concern. The determination must be based on all relevant factors; it is not enough that a student, or any other former non-domiciliary, would find that the place of his presence is more convenient for voting or would enable him to take a more active part in political life. The state may insist on other indicia, including the important one of abandonment of a former home.
We think therefore that, in determining bona fide residence for a person physically present, the state cannot constitutionally go further than the test set out in the Restatement (Second) of the Conflict of Laws § 18 (1971), namely, that he “must intend to make that place his home for the time at least.” Important points for consideration are that “The search in each instance is for the state to which the person is most closely related at the time;” and that a person can have the proper attitude to require a domicile even if he intends to move at a fixed time in the future; but that on the other hand, “The required attitude of mind involves to a certain extent the idea of fixity;” and that a person does not have a domicile at a place if he has the intent to return to another that had been his home. Also relevant are the principle, enunciated in the first Restatement, that “[t]he intention required for the acquisition of a domicil of choice is an intention to make a home in fact, and not an intention to acquire a domicil,” Restatement of the Conflict of Laws § 19 (1934), and the factors listed in § 13 as suitable for consideration in determining whether a dwelling place is a person’s home, which were noted with seeming approval in Texas v. Florida, 306 U.S. 398, 413-414, 59 S.Ct. 563, 83 L.Ed. 817 (1939). In saying that the formulation of the Restatement of Conflicts of Laws with respect to intention to have a home represents the boundary of permissible requirements with respect to residence, we are not suggesting that the framers of the Fourteenth Amendment meant to impose on the states a mandate to define residence for voting purposes in strict accordance with a definition in a Restatement not to be born for the better part of a century. Rather the formulation of the Restatement seems to us to give proper weight to the opposing considerations we have discussed and thus to constitute “an appropriately defined requirement of bona fide residence” which, if “uniformly applied”, the state may consider “necessary to preserve the basic conception of a political community.” Dunn v. Blumstein, supra, 405 U.S. at 343-344, 92 S.Ct. at 1004.
If we looked only at the face of § 151(b) and (c), we would have no sufficient basis for holding them to be unconstitutional. To be sure, § 151(b) uses the word “permanent”. But, as the Restatement says with respect to “indefinitely”, the phrase used by the Supreme Court in Carrington v. Rash, supra, 380 U.S. at 94, 85 S.Ct. 775, such expressions “should not be taken literally” but rather capsúlate the many elements relevant to determining whether a person has made a place his home. The factors for consideration listed in § 151(c) seem appropriate enough, even in the case of students. We likewise see nothing wrong in making the decision of the board of elections “presumptive evidence,” provided, as clearly is the ease, that the presumption is rebuttable. This goes no further, indeed perhaps less far, than the substantial evidence rule almost uniformly provided with respect to factual determinations of federal administrative agencies and invariably sustained.
The serious question relates not to the face of the statutes but from the attitude concerning residence that New York has taken over the years. It is not difficult to find decisions of the Court of Appeals prescribing for students a test of intention that goes well beyond the Restatement’s definition of intention “to make that place his home for the time at least.” See, e. g., In re Goodman, 146 N.Y. 284, 40 N.E. 769 (1895); In re Garvey, 147 N.Y. 117, 41 N.E. 439 (1895); In re Barry, 164 N.Y. 18, 58 N.E. 12 (1900); In re Blankford, 241 N.Y. 180, 149 N.E. 415 (1925) (Cardozo, J., saying that the provision of the New York Constitution with respect to students “supersede [s] the rule at common law, whatever that may be”); Watermeyer v. Mitchell, 275 N.Y. 73, 9 N.E.2d 783 (1937) (long-time student clearly having no other home denied registration).
Later New York cases suggest some movement in the direction of the Restatement definition, although perhaps only a slow one. The first is Robbins v. Chamberlain, supra, 297 N.Y. 108, 75 N.E.2d 617. In directing registration of students, all married war veterans, who lived in housing rented from the college, albeit in a former army camp many miles from the campus, the court said:
True, their tenure of occupancy at Shanks Village can continue only while they are students, but, since they have no other homes, their tenure is “temporary” or “indefinite” only in the same sense as the tenure of the occupant of a city apartment house.
These petitioners have shown their eligibility to vote from the only residences they have.
297 N.Y. at 112, 75 N.E.2d at 618. While the court cited Watermeyer v. Mitchell with apparent approval, the two decisions seem basically inconsistent. Section 151(a) makes no distinction between students living in dormitories and in other housing; the only importance of the distinction is that, on the whole, a student may be less likely to regard a dormitory room as his “home.” Similarly, the statute makes no distinction between married and unmarried students, although the former are more likely to have severed the parental link. Very likely the court was content to reach a correct result, while leaving the future of Watermeyer for another day.
Reiner v. Board of Elections, 54 Misc. 2d 1030, 283 N.Y.S.2d 963, aff’d mem., 28 A.D.2d 1095, 285 N.Y.S.2d 584 (4th Dept.), aff’d mem., 20 N.Y.2d 865, 285 N.Y.S.2d 95, 231 N.E.2d 785 (1967), followed Robbins with respect to a married student couple attending Syracuse University who had rented an off-campus apartment; the Supreme Court justice had stressed not only the off-campus dwelling but that the applicants had presented other facts, notably, that they had all their belongings at their apartment, had registered their car in Syracuse, and had established a savings account there.
While, as later indicated, it would be going too far to say that Palla clearly embraced what we regard as the view constitutionally required, there are passages in the opinion that point in that direction. It seems significant that the citation in Palla, 31 N.Y.2d at 48, 334 N.Y.S.2d at 867, to Watermeyer v. Mitchell, supra, was not to the majority opinion but to the dissenting opinion of Judge Finch. Perhaps more important, the court said, in language that would have been constitutionally unexceptionable save for inferences from the earlier New York decisions:
The issue ultimately must be resolved with respect to each individual applicant on the facts peculiar to his or her case tending to establish the college community as an adopted home. The determination remains what it has always been, a factual one, evaluated in terms of actual conduct, and further objectified by newly enacted statutory criteria.
31 N.Y.2d at 48-49, 334 N.Y.S.2d at 868. Still further the court stated:
Where students are in fact residents, intending New York for a permanent home, they, as all other qualified residents, have a right to equal opportunity for political representation.
31 N.Y.2d at 50, 334 N.Y.S.2d at 870. Save for the use of “permanent,” the phrase used in § 151(b), rather than “indefinitely,” this is precisely the language of Carrington v. Rash, supra, 380 U.S. at 94, 85 S.Ct. 755. As previously indicated, both terms can well be read in light of the Restatement’s suggestion, § 18, comment c, at 71, that “[expressions such as these should not be taken literally.”
But for inferences drawn from the earlier decisions of the New York Court of Appeals, we would thus have little difficulty in upholding the views expressed in Palla as comporting with constitutionally permissible tests. However, there are passages where the Palla court seemingly approved these cases, and its failure once again to reconcile the inconsistency between them and the Robbins-Reiner line of cases excludes the possibility of such a holding at this time. In short, it is too early to determine whether, in light of Palla New York will or will not apply a notion of a student’s intention to make a dormitory or other room a home that is too rigorous to meet constitutional standards.
This brings us to the question of proper disposition. Since the meaning of the New York statute remains uncertain, and since it is quite possible that the New York courts will arrive at a construction of it consistent with Carrington and Dunn, the case seems a classic one for continued abstention on our part. Reetz v. Bozanich, 397 U.S. 82, 90 S.Ct. 788, 25 L.Ed.2d 68 (1970); Fornaris v. Ridge Tool Co., 400 U.S. 41, 91 S.Ct. 156, 27 L.Ed.2d 174 (1970). As we cannot be sure of this, we cannot properly grant the motions to dismiss. Since the case of each person seeking registration must stand on its own facts, the actions are presently inappropriate for class designation.
We are thus left with the narrow question whether relief should be granted to any of the four individual plaintiffs. We must confess that, on the facts stated in the complaints, we perceive no basis on which registration could constitutionally be denied to plaintiffs Ramey and Yolken; the other cases are more debatable. However, defendants have had no opportunity to cross-examine or present rebuttal evidence. Moreover, there is nothing to indicate that any of the plaintiffs has reapplied for registration subsequent to the decision in Palla. Therefore, we believe that the proper course is for Ramey and Yolken, as well as the other plaintiffs, to return to the Board of Elections to reapply for registration, and thus give the Board and the New York courts the opportunity to dispose of their applications in accord with Palla and with our interpretation of the demands of the Federal Constitution.
We shall therefore enter an order of abstention pending further decisional developments in the New York courts.
. Ҥ151. Gaining or losing-a residence
(a) For the purpose of registering and voting no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States, nor while engaged in the navigation of the waters of this state, or of the United States, or of the high seas; nor while a student of any institution of learning; nor while kept at any welfare institution, asylum or other institution wholly or partly supported at public expense or by charity; nor while confined in any public prison. Any person applying for registration who claims to belong to any class of persons mentioned in this section shall file with the board taking his registration a written statement showing where he actually resides and where he claims to be legally domiciled, his business or occupation, his business address, and to which class he claims to belong. Such statement shall be noted in the register opposite the name of the person so registered or, where permanent personal registration. is in effect, the words ‘Statement of temporary absence filed’ shall be entered in the ‘remarks’ space on the face of his permanent registration records. The statement shall be attached to the register or to where permanent personal registration is in effect, the registration serial number of the voter shall be placed on such statement and such statement shall be returned with the registration records to the board of elections.
(b) As used in this article, the word ‘residence’ shall be deemed to mean that place where a person maintains a fixed, permanent and principal home and to which he, wherever temporarily located, always intends to return.
(c) In determining a voters qualification to vote in a particular election district, the board to which such application is made shall consider, in addition to the applicant's expressed intent, his conduct and all attendant surrounding circumstances relating thereto. The board taking such registration may consider the applicant’s financial independence, business pursuits, employment, income sources, residence for income tax purposes, age, marital status, residence of parents, spouse and children, if any, leaseholds, situs of personal and real property owned by the applicant, motor vehicle and other personal property registration and such other factors that it may reasonably deem necessary to determine the qualification of an applicant to vote in an election district within its jurisdiction. The decision of a board to which such application. is made shall be deemed presumptive evidence of a person’s residence for voting purposes.”
. Of tlie two other actions considered by the New York Court of Appeals along with Palla, Bell v. Rossi was not a class action; while the Court of Appeals characterized Gorenberg v. Onondaga County Board of Elections as “a class action on behalf of students at Syracuse University,” 31 N.Y.2d at 43, 334 N.Y.S.2d at 863, this class did not embrace students at Stony Brook. Moreover, the characterization seems to rest solely on the caption of the complaint; we can see no determination by the state courts in Gorenberg that a class action was appropriate or that representation was adequate. We would be loathe to extend the concept of res adjudicata to class actions, particularly those involving'constitutional claims, without such protection for absent class members.
. The substance of the constitutional mandate first appeared in the Election Law of 1896, ch. 909, § 34, subdiv. 2.
. We are unable to accept the suggestion that these two subsections are aimed only at the categories listed in subsection (a). Subsection (b) uses the phrase “[a]s used in this article” rather than “in this section.” While it might have been preferable drafting to include the new subsections in § 150 rather than in § 151, this is altogether too slender a basis for attributing to the New York Legislature an intention which is contrary to its words and would indeed raise most serious constitutional problems. And, although § 151(b) and (c) were added only one day after the ratification of the 26tli Amendment, the court in Palla considered these sections merely as codifications of criteria outlined in prior decisional law. 31 N.Y.2d at 47, 334 N.Y.S.2d at 867.
. “e. Factors important in determining home. In determining whether a dwelling-place is a person’s home, consideration should be given to:
1. Its physical characteristics;
2. The time he spends therein;
3. The things he does therein;
4. The persons and things therein;
5. His mental attitude toward the idaee;
6. His intention when absent to return to the place;
7. Elements of other dwelling-places of the person concerned.”
Restatement of Conflict of Laws § 13, comment c, at 25 (1934).
. Also, as indicating the recent more liberal views of lower New York courts, see Goldhaber v. Board of Elections, 55 Misc.2d 111, 285 N.Y.S.2d 747 (Sup.Ct.1967), aff’d mem., 31 A.D.2d 891, 299 N.Y.S.2d 814 (4th Dept.1969), and Kashman v. Board of Elections, 54 Misc.2d 543, 282 N.Y.S.2d 394 (Sup.Ct.1967).
. Three other arguments advanced by plaintiffs against the constitutionality of § 151 require only brief discussion. First, plaintiffs claim that the statute abridges students’ rights to vote in violation of the Twenty-sixth Amendment. But these students were denied registration because their residency was in doubt and not because of their age. And there is no evidence that Congress and the states, in the enfranchisement of eighteen-year-olds, intended to modify the states’ common law rules of residence.
Second, plaintiffs argue that refusal to allow all students to vote in their college communities violates the one-man, one-vote doctrine of Reynolds v. Sims, 377 U.S. 533, 84 S.Ct. 1362, 12 L.Ed.2d 506 (1964), because the census enumerates them as residents of Stony Brook. Yet there has been no proof that the number of students who attend colleges in the election district encompassing Stony Brook not allowed to vote in New York is any greater than the number of students who vote in that district but attend schools elsewhere. Nor is there any strict correspondence under the one-man, one-vote doctrine between the number of voters in an area and the number of representatives it is allowed; rather the correspondence that has been required is between the number of people living in the district and the number of representatives. More fundamentally, we are unwilling to hold that an administrative detennination made for purposes of expediency can render unconstitutional a state’s application of its common law tests of residence.
Finally, the plaintiffs’ claim that § 151 is unconstitutionally vague must be rejected. Although the statutory scheme places the decision on residence on the Board of Elections in the first instance, and the criteria of dona fide residence unhappily cannot be mere litmus tests from which a result can be quickly and surely determined, the decision of the Election Board is guided by the factors set out in § 151(c) and is subject to judicial review in accordance with common law rules. It is difficult to see what more could be expected so long as bona fide residence, rather than mere presence, may be required. Cf. Carrington v. Rash, supra, 380 U.S. at 95, 85 S.Ct. 755.
. According to the complaint, Ramey’s parents were divorced in 1958. His father now lives in California; Ramey has not seen him in 10 years. His mother died in 1968. Although Ramey lived briefly with his mother’s second husband after his mother’s death and prior to his enrollment at Stony Brook, Ramey has not spoken with him in two years and has no intention of returning to live with him. He is financially independent. He has lived in a dormitory room at Stony Brook for two years, including all vacation periods. Although his plans after graduation are uncertain, it is possible that he will remain in Stony Brook to attend graduate school there.
. Yolken’s parents live in New Jersey; however, he abandoned his New Jersey residence permanently and completely in 1968. He has since lived in various locations around the New York area, being supported by welfare. The Welfare Department secured for him a scholarship to attend Stony Brook and still provides for his support. Compare illustration 6 of the Restatement (Second) of the Conflict of Laws supra, at 72.
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CASELAW
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-- European Union Carbon Prices May Triple by 2013 as Gas Recovers, UBS Says
UBS AG , the biggest Swiss bank,
said European Union carbon permit prices may almost triple by as
early as 2013 as natural gas recovers. “UBS expects the gas oversupply to be gone by 2013,” UBS
analyst Per Lekander in Paris said today in an e-mailed report.
“Should the gas price then revert to oil indexation parity we
could see a carbon price in excess of 40 euros a ton, almost
three times the current level.” The price of emission permits is driven by so called fuel
switching, where generators produce electricity from either
natural gas and coal, depending on which is most profitable,
according to the report. A gas market recovery by 2013 may boost
the price of the commodity by 16 percent, leading to a fuel
switching cost of 42 euros a ton, Lekander said. The expected higher emissions price will impact power
markets and prices may rise 15 euros ($20) a megawatt-hour if
gas markets fully recover, he said. The 2013 contract in
Germany, Europe’s biggest market, traded at 54.45 euros
yesterday, 5.05 euros more than the next-year contract,
according to broker prices on Bloomberg. Coal and gas forwards indicate that carbon prices could
double by 2014, assuming “no recovery at all in gas prices
until 2013,” Lekander said. “The reason for this anomaly is
lack of liquidity in the CO2 forward curve beyond 2011.” EU permits for December rose 8 cents, or 0.5 percent, to
14.99 euros a metric ton at 11:35 a.m. on London’s European
Climate Exchange. The EU trading program is the world’s largest. UBS said Fortum Oyj, Finland’s biggest utility, and
Electricite de France SA are the “likely main winners” from
rising emission and power prices because they generate virtually
all their electricity from fossil-free generation. Public Power
Corp., Greece’s biggest power company, may be “the largest
loser.” To contact the reporter on this story:
Catherine Airlie at
cairlie@bloomberg.net
Lars Paulsson in London at
lpaulsson@bloomberg.net To contact the editor responsible for this story:
Stephen Voss at sev@bloomberg.net
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NEWS-MULTISOURCE
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Format - Maple Help
For the best experience, we recommend viewing online help using Google Chrome or Microsoft Edge.
Online Help
All Products Maple MapleSim
Magma
Format
format a magma as text for inclusion in a document
Calling Sequence
Parameters
Options
Description
Examples
Compatibility
Calling Sequence
Format( m )
Format( m, options )
Parameters
m
-
a magma to format
options
-
zero or more options of the form format = fmt or labels = lbls.
Options
•
The format option is used to specify the output format desired. Its value may be chosen from among those shown in the following table.
text
plain text, the default
latex
formatted as a LaTeX table
html
formatted as an HTML table
mathml
formatted as a MathML table
wiki
formatted as a MediaWiki table
•
Use the labels option to specify names for the members of the magma other than small integers. The value of the labels option must be either a string, or a list of strings. If a string is provided, then its length must be equal to the order of the magma, and the individual characters in the string will be used as element names, in the order given. If a list of strings is provided, then the number of its members must be equal to the order of the magma, and each string in the list will be used as element names, in the order given. You can use markup within these strings consistent with the output format chosen. For example, a list of labels of the form [ "$a$", "$b$", "$c$" ] may be given for LaTeX output.
Description
•
The Format command formats a magma (as an operation table) to a string in any one of several supported formats. This is meant to be a tool for including small magmas in documents such as papers, email or webpages.
•
The formatted magma is returned as a string of text formatted using the selected format. You can use the printf command (with the %s conversion specifier) to print the string. Alternatively, the returned text may be written to a file.
Examples
withMagma:
Create a small magma with five members to be formatted.
N5:
mRandomMagmaN
m4212545223221314112453235
(1)
The default is to format the magma as plain text.
printf%s ,Formatm
4 2 1 2 5
4 5 2 2 3
2 2 1 3 1
4 1 1 2 4
5 3 2 3 5
printf%s ,Formatm,'format'=text
4 2 1 2 5
4 5 2 2 3
2 2 1 3 1
4 1 1 2 4
5 3 2 3 5
Use LaTeX to include the formatted magma in a paper or book.
printf%s ,Formatm,'format'='latex'
\begin{smallmatrix}4&2&1&2&5\\ 4&5&2&2&3\\ 2&2&1&3&1\\ 4&1&1&2&4\\ 5&3&2&3&5
\end{smallmatrix}
Use HTML, MathML or MediaWiki for inclusion in a webpage.
printf%s ,Formatm,'format'='html'
<table cols='5'>
<tr><td>4</td><td>2</td><td>1</td><td>2</td><td>5</td></tr>
<tr><td>4</td><td>5</td><td>2</td><td>2</td><td>3</td></tr>
<tr><td>2</td><td>2</td><td>1</td><td>3</td><td>1</td></tr>
<tr><td>4</td><td>1</td><td>1</td><td>2</td><td>4</td></tr>
<tr><td>5</td><td>3</td><td>2</td><td>3</td><td>5</td></tr>
</table>
printf%s ,Formatm,'format'='mathml'
<matrix><matrixrow><mn>4</mn><mn>2</mn><mn>1</mn><mn>2</mn><mn>5</mn></matrixrow><matrixrow><mn>4</mn><mn>5</mn><mn>2</mn><mn>2</mn><mn>3</mn></matrixrow><matrixrow><mn>2</mn><mn>2</mn><mn>1</mn><mn>3</mn><mn>1</mn></matrixrow><matrixrow><mn>4</mn><mn>1</mn><mn>1</mn><mn>2</mn><mn>4</mn></matrixrow><matrixrow><mn>5</mn><mn>3</mn><mn>2</mn><mn>3</mn><mn>5</mn></matrixrow></matrix>
printf%s ,Formatm,'format'='wiki'
{| border="1"
|-
|4 || 2 || 1 || 2 || 5
|-
|4 || 5 || 2 || 2 || 3
|-
|2 || 2 || 1 || 3 || 1
|-
|4 || 1 || 1 || 2 || 4
|-
|5 || 3 || 2 || 3 || 5
|}
Display the magma using letters instead of small integers for its elements.
withStringTools:
printf%s ,Formatm,'labels'=Ιa..z1..N
d b a b e
d e b b c
b b a c a
d a a b d
e c b c e
printf%s ,Formatm,'format'=latex,'labels'=mapFence,ExplodeΙa..z1..N,$,$
\begin{smallmatrix}$d$&$b$&$a$&$b$&$e$\\$d$&$e$&$b$&$b$&$c$\\$b$&$b$&$a$&$c$&$a$\\$d$&$a$&$a$&$b$&$d$\\$e$&$c$&$b$&$c$&$e$
\end{smallmatrix}
Compatibility
•
The Magma[Format] command was introduced in Maple 15.
•
For more information on Maple 15 changes, see Updates in Maple 15.
See Also
Magma
RandomMagma
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ESSENTIALAI-STEM
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User:JaySeaAre
JaySeaAre
Kalamazoo, Michigan
I've authored the following entries:
Michael Stewart (graffiti writer)
Fort Custer Recreation Area
Legacy of parks
Michael Sulick
I am a member of the Wikipedia:WikiProject Librarians
|
WIKI
|
Gustave CATTANEO, Plaintiff, v. UNITED STATES of America, Defendant.
No. CV 94-5341 (ADS).
United States District Court, E.D. New York.
Feb. 19, 1997.
Agoglia, Fassberg, McGee & Crowe, P.C., by E. Kevin Agoglia, Mineóla, NY, for Plaintiff.
Zachary Carter, United States Attorney, by Pamela R. Perron, Assistant United States Attorney, Brooklyn, NY, for Defendant.
MEMORANDUM DECISION AND ORDER
SPATT, District Judge.
This is an action brought under the provisions of the Federal Tort Claims Act (28 U.S.C. § 1346[b] and 28 U.S.C. §§ 2671-2680) to recover damages for personal injuries allegedly sustained by the plaintiff Gus-tave Cattaneo (the “plaintiff” or “Cattaneo”) as a result of medical malpractice allegedly committed by certain physicians at the Veterans Administration Hospital (“the Hospital”) in Northport, Suffolk County, New York.
The thrust of the plaintiffs claim is that the physicians at the Hospital who participated in his total left hip arthroplasty on January 4, 1994, failed to properly place the implant device, so that it became loosened, is a cause of pain and requires corrective surgery. In sum, the plaintiff contends that the operating physicians departed from accepted practice in performing the hip implant operation, which was a cause of the loosening of the implant, the resultant injuries and the necessity for corrective surgery.
There are two issues in this case. First, whether the plaintiff proved, by a preponderance of the credible evidence, that the hip implant device inserted in the plaintiffs left leg is “loosened.” Second, if the plaintiff proved that the device is “loosened,” whether the plaintiff further proved that this condition occurred as a result of a departure from accepted medical practice in the course of the surgexy performed at the Hospital.
I. THE APPLICABLE LAW
This action is brought pursuant to 28 U.S.C. § 1346[b], which establishes the jurisdiction of the United States District Court for civil actions against the United States, “for money damages ... for personal injury ... caused by the negligence or wrongful act or omission of any employee of the government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.”
Under the Federal Tort Claims Act, the liability of the United States is the same as that of a private person in the State of New York. (Guttridge v. United States, 927 F.2d 730 [2d Cir.1991]; Chen v. United States, 854 F.2d 622, 625, 626 [2d Cir.1989]).
The New York law of medical malpractice was clearly stated by Judge Kearse in Sitts v. United States, 811 F.2d 736 (2d Cir.1987) as follows:
[a] physician’s obligations to his patient are to possess at least the degree of knowledge and skill possessed by the average member of the medical profession in the community in which he practices, to exercise ordinary and reasonable care in the application of that professional knowledge and skill, and to use his best judgment in the application of his knowledge and skill. In order to show that the defendant has not exercised ordinary and reasonable care, the plaintiff ordinarily must show what the accepted standards of practice were and that the defendant deviated from those standards or failed to apply whatever superior knowledge he had for the plaintiffs benefit. Toth v. Community Hospital at Glen Cove, 22 N.Y.2d 255, 262-63, 292 N.Y.S.2d 440, 447, 239 N.E.2d 368, 372 (1968); Monahan v. Weichert, 82 A.D.2d 102, 105-06, 442 N.Y.S.2d 295, 297 (4th Dep’t 1981). The requirement that the plaintiff introduce expert medical testimony is imposed in part because “without expert assistance, a jury will often have no understanding of what constitutes reasonable behavior in a complex and technical profession such as medicine.” Paul v. Boschenstein, 105 A.D.2d 248, 249, 482 N.Y.S.2d 870, 872 (2d Dep’t 1984). The requirement is no less applicable in a case that is tried to the court without a jury. See Charlton v. Montefiore Hospital, 45 Misc.2d 153, 155, 256 N.Y.S.2d 219, 222 (Sup.Ct.Queens Co.1965).
II. THE TRIAL-FINDINGS OF FACT
This memorandum decision and order disposing of this action includes the Court’s findings of fact and conclusions of law as required by Fed.R.Civ.P. 52(a).
A. The Plaintiff’s Case
The plaintiff Gustave Cattaneo is a 65 year old veteran. He was in an Army Airborne Division from 1951 to 1954. He is a divorced man with six children. Cattaneo is a retired carpenter contractor. He has been treated at the Northport Veterans Hospital for many years, and is still being treated at the Hospital. His first complaint with regard to his left hip was in 1990 when he was treated by Dr. Peter Altner at the Hospital. Dr. Altner is the Chief of Orthopedic Surgery at the Hospital. Cattaneo was suffering from pain in his left groin, left thigh and left knee. Between 1990 and December 1992, the plaintiff was treated by Dr. Altner and other physicians at the Hospital Orthopedic Outpatient Clinic. X-rays were taken and Napro-syn was prescribed. By December 1992, the plaintiff had lost 90 percent of the motion of his left hip and he agreed to the recommendation for a total hip arthroplasty, which was originally scheduled for December 2, 1992. However, the plaintiff developed chest pains causing the hip operation to be postponed. Instead he underwent triple bypass surgery on December 21,1992.
The left hip surgery was rescheduled for January 4, 1994 at the Hospital, and was performed on that date. Prior to the surgery the plaintiff signed a consent form and met with Dr. Atner, Dr. Louis Lombardi, an attending orthopedic surgeon, Dr. Gilligan and Dr. Christian Dee. Ater the surgery Dr. Lombardi told the plaintiff that he performed the surgery and that his left leg was 1/2" longer. After being discharged from the Hospital the plaintiff had physical therapy treatments and improved steadily. The left hip pain was gone and there was improvement in the function of his left hip. He wore a lift in his right shoe. The plaintiff testified that at various times he was told his left leg was 3/4" and 1" longer than his right leg. At this point, the Court notes that the parties stipulated that there was no departure from accepted medical practice as a result of the lengthening of the plaintiffs left leg during the course of the left hip implant surgery on January 4,1994.
On April 21, 1994, Cattaneo complained of a slight pain in the right hip. Naprosyn was again prescribed. On October 17, 1994, the plaintiff complained of pain in the scar on the left hip. In February 1995, he saw Dr. At-ner for pain on the right side and also, pain in the sear on the left hip. He was told that this latter pain was “normal.” X-rays were taken of both hips. Cattaneo was told by Dr. Atner that the left hip was “fine, perfect” and that his left hip pain was because of “nerves in your back.” In May 1995, he developed a slight pain in the left groin.
In March 1994, the plaintiff saw a private physician, Dr. Richard Goodman, an orthopedic surgeon, for the long left leg length and pain in the right lower back, right side and right groin. He saw Dr. Goodman six or seven times. He underwent physical therapy for ten weeks, which was helpful for movements of his left side, but the pain increased on the right side. Cattaneo also developed pain in the left buttock and groin. Dr. Goodman told him “you have a loose hip.” He was devastated.
On November 13, 1995, the plaintiff saw a second private orthopedic surgeon, Dr. Thaddeus Spak. A bone scan was performed on November 20, 1995. Cattaneo was told by Dr. Spak that the scan showed pockets of fluid in the left hip which was either an infection or a loosened prosthesis. An aspiration was performed by Dr. Spak at Huntington Hospital on December 28, 1995. Dr. Spak told him that there was no infection but the “hip is definitely loose and has to be redone.” The plaintiff was told to walk with a cane and “take it easy.” He last saw Dr. Spak on January 12,1996.
However, Dr. Spak referred the plaintiff to a neurosurgeon, Dr. David Leivy. He saw Dr. Leivy on March 7, 1996. A myelogram was recommended which was performed on March 28, 1996 at Huntington Hospital. Cattaneo was told by Dr. Leivy that he had L4-L5 degeneration in the lower back, but there was no need for an operation.
At the present time Cattaneo complains of pain in the left hip, knee and groin, occurring twenty-four hours a day, and getting increasingly worse, which is making his life miserable. However, he can move his left hip better than before the operation. He does exercises at home including stretching and bicycle riding. The plaintiff takes daily medications including naprosyn and tylenol with codeine. He is still being treated at the Northport Veterans Administration Hospital. Cattaneo also complains of pain in his right hip, which is increasing. Despite the pain in both hips and other areas of his body, the plaintiff continues to perform certain household chores such as mowing the lawn, doing minor repairs around the house and playing nine holes of golf.
With regard to his back pain, the plaintiff testified that while he did have such pain prior to the hip surgery, he stated that he never had any medical treatment for that condition.
On cross-examination, the plaintiff testified that he made 15 or 16 parachute jumps while in the Army in 1951 or 1952. During one of these jumps, he sustained a sprain of his lower back. A medical record dated March 5, 1952 (Defendant’s Exh. R) reveals a diagnosis of a “low back pain” with full range of motion and no neurological findings. In a document entitled “Veteran’s Application for Compensation or Pension” (Defendant’s Exh. S), signed by the plaintiff, he stated that the injury for which claim is made is “Back trouble Jan. 52” It is also stated in this application that the plaintiff complained of “back trouble” four times from January 1952 to June 1953 and was treated in a hospital and three dispensaries. There is also in evidence an x-ray report dated May 6, 1954 (Defendant’s Exh. T) in which it is stated “Low back ache (upon long sitting, in damp weather or in heavy lifting)”. The x-ray report states that the lumbo-saeral spine “Reveals slight levo scoliosis of the lumbar spine and no other significant findings.” At the time Cattaneo enlisted in 1951 he was told he had an “abnormal curvature of the lumbar spine.”
Starting in 1957 Cattaneo was employed as a general contractor doing masonry, which was “hard work” and involved lifting bags of cement weighing about 96 pounds. In 1975 he changed his occupation to that of a carpenter which involved less lifting. In the 1980s Cattaneo had left hip pain and started limping. He also had numbness and a burning feeling in his toes. In addition, he was diagnosed as having diabetes. By 1991 the plaintiff was having excruciating pain in the left hip, walked with a cane and could not drive. In October 1991, he had to stop working and he received social security disability benefits.
Further, Cattaneo testified that following his left hip surgery, after a period of time on crutches, his left hip did very well:
Q Going to the post-operative period, after the surgery you were on crutches for about two — three or four months?
A Yes.
Q And then after that your left hip progressed fine?
A Yes.
Q The pain in your left lower back went away?
A Yes.
Q And the pain in your left knee went away?
A Yes.
Q The pain in your left groin went away? A Yes.
Q And you could sit without excruciating pain?
A Yes.
A Correct.
Q You can dress yourself, correct?
A Yes.
Q And you can drive a car?
A Automatic transmission.
Q You mentioned that you were doing exercise five days a week on a stationary bicycle?
A Yes.
Q And you were doing leg exercises several times a week?
A Yes.
(Tr. at 612-613).
Also, at the present time, despite his complaints of pain in the left hip, his right hip and other parts of his body, Cattaneo leads a moderately active life:
Q Okay.
I think you testified you can play golf?
A Nine holes, yes.
A My son takes me boating.
Q You have gone out fishing?
A On a big boat out of Crab Tree.
Q Since your hip replacement surgery?
A Yes, but I have gone before, yes.
A Yes, I do.
Q And you take your grandchildren to lunch?
A Yes, I do.
Q So, you have not used a special device for the toilet seat since June of 1994?
A I was told by the VA doctors it wasn’t necessary.
Q Okay.
So, you haven’t used one since that date?
A No.
(Tr. at 617-618).
Until May 1995, Cattaneo’s major complaints were pain in his right hip and lower back. There is also evidence in the record that only in May or June 1995 did he start to get pain in his left hip. (Tr. at 619).
The plaintiff produced four physicians in person and one by deposition. The deposition of Dr. Christian Dee is not significant and adds little to the relevant facts. The first physician to testify on behalf of the plaintiff was Dr. Dennis Rossi, a radiologist. He reviewed the x-rays taken at the time of the left hip surgery and stated that the implant was in “an anatomically correct position.” Dr. Rossi reviewed a second set of x-rays taken on October 27, 1994 and stated that he found a “slight lucency along the upper margin of the stem portion of the prosthesis ... that is suggestive of loosening of the stem portion of the prosthesis” (Tr. at 23).
Dr. Rossi saw the same “lucent line” on the June 6, 1995 x-rays. Also in a bone scan done on November 21, 1995, he saw some activity which is “highly suspicious of loosening of the prosthesis” (Tr. at 30). In addition, he reviewed an arthrogram taken on December 22, 1995 and saw evidence of loosening of the stem. There was no evidence of loosening of the head and neck of the implant. Asked his opinion as to whether the left prosthesis stem is loose, Dr. Rossi answered, “I think it is.” He also agreed with a report irom Dr. Spak, the orthopedic surgeon, which report stated that it was a loose prosthesis. Taking all the components together, including the patient’s symptoms and all the films, his opinion is that this is a loose prosthesis.
On cross-examination Dr. Rossi conceded that in the June 4,1994, October 27,1994 and June 6, 1995 x-rays, the prosthesis was still in alignment. Dr. Rossi hedged somewhat, with regard to his opinion as to a loosening, when he stated:
A What I would do in the ordinary course of practice is to report the finding of the lucency as I have seen it, and suggest it could be a sign of early loosening, and recommend a bone scan for further evaluation. And I would certainly defer to the orthopedist’s judgment in evaluating these findings in correlation with the patient’s symptoms.
Q And that correlation would be done by the orthopedic sxxrgeon; is that correct?
A Yes.
(Tr. at 50).
Dr. Rossi also conceded that the arthro-gram of December 22, 1995 was of poor quality and was of limited value. He also stated that increased activity in bone scans may be of no significance and may constitute a false diagnosis of loosening. In fact, the radiologist who read the bone scan at the Huntington Medical Group reported that “loosening is possible.”
Dr. Rossi also testified that he had no opinion as to what caused this loosening and he could not state the degree of loosening. Dr. Rossi also agreed that a certain percentage of patients who have had total hip replacements develop looseness, which is a known risk after such surgery. Of importance, he also stated that he did not see any change in the alignment of the implant from October 1994 to June 1995 and he saw no movement of the cemented component. Further, Dr. Rossi conceded that cemented hip implant components normally show “one to two millimeter wide radiolucent zones at cement interfaces” (Tr. at 77) and that a “progressive widening” of the lucency coupled with cement fractures are particularly suggestive of loosening. The Court finds that in this patient there was no progressive widening of the lucency nor were there any cement fractures in the hip implant.
The second physician produced by the plaintiff is Dr. Richard Goodman, an orthopedic surgeon, who ceased doing surgery in 1984, but is still in practice. He is also an attorney. Dr. Goodman described the method of doing a total hip . arthroplasty. He stated that the normal life expectancy of a hip implant was ten to twenty years, depending on the size, weight and activities of the person involved. However, the Court notes that Dr. Goodman has not performed a total hip arthroplasty since the early 1980s, and only did two or three such operations as the attending sxxrgeon.
Dr. Goodman first examined the plaintiff on March 23, 1994. His complaints were pain in the left hip, groin and knee. Dr. Goodman ordered and reviewed x-rays of Cattaneo’s left hip. Dr. Goodman’s diagnosis in June 1995 was that the plaintiff “had a loose hip prosthesis.” He made the diagnosis based on the June 1995. x-rays which demonstrated movement of the stem causing a “slight decrease of the shadow on the x-rays.” Dr. Goodman further opined that a loose prosthesis can be a competent producing cause of pain. More importantly, Dr. Goodman testified that the doctors who performed the operation deviated from good and accepted procedxxres dxxring the course of the left hip arthroplasty:
Q What is the basis of yoxxr opinion that these doctors deviated from good and accepted procedure?
A Well, if you look at the original of this X-ray here, there is a space between the collar of the prosthesis, and the top bony edge of the femur. Which means if there is a space there, even if it is packed with bone grafting, which they did, that it would allow this part to ride back and forth when patient puts weight on his femoral head. And the weight line is through the aceta-bulum.
If this is not on the bone solidly, this is going to cause a downward pressxxre here. When he lifts his leg up this is going to come back. And there will be a constant wiggle, twisting or torquing here. This collar rests on the bone to absorb that and prevent that. That’s the idea of the collar.
THE COURT: You said there is a space between the collar and what?
THE WITNESS: And the cortex of the femur.
THE COURT: Show it to me again, please.
THE WITNESS: There is a quarter inch space in here approximately, on this film. But since this film is not exactly horizontal, and this collar is thinner than this and this is tilted. So this is based and spaced a lot higher than that.
Q You say there is a space between the uppermost top of the femur and where the collar is supposed to sit on the femur?
THE WITNESS: Yes.
Q All right.
Sir, do you recall noting in the operative report that it was reported that after they inserted the femoral component, it was found to sit approximately seven millimeters above the femoral calcar and for this reason the femoral head was used to create an A U T O G E N O U S, autogenous, bone graft.
Is that saying, Doctor, that they had removed the head of the femur in the early portion of the procedure?
A Yes.
Q And they then had this piece of bone in the operating room; is that correct?
A Yes.
Q And they took a piece of that and tried to fill in the space where it sat seven millimeters proud?
A Yes.
THE COURT: I didn’t get that word.
MR. AGOGLIA: Proud.
Q Is it fair to say that it is seven millimeters above the level of the calcar?
A Yes.
Q Is that meant to rest firmly on the femoral calcar?
A Yes.
(Tr. at 131-134).
Further, Dr. Goodman expressed the opinion that this space occurred because the femoral shaft was not made large enough so that the stem “did not go all the way in,” that this was a deviation from accepted practice and was the proximate cause of the prosthesis becoming loose. In addition, Dr. Goodman testified that this loosened condition was a cause of the pain in the plaintiffs left hip, which condition would continue to deteriorate. In so testifying, Dr. Goodman readily conceded that a prosthesis can become loose for “reasons unrelated to any malpractice.” Dr. Goodman further testified that there were greater risks associated with reoperat-ing on the left hip.
Dr. Goodman found that the plaintiffs left leg was 3/4 of an inch longer than the right leg, whereas prior to surgery, the left leg was 1/4 of an inch shorter. In his opinion, this condition “could put a strain on an otherwise arthritic or degenerative back” (Tr. at 141) and it “was the cause of the pain in the back.” He also stated that a 1/2 ineh difference in leg length is not unusual.
Dr. Goodman testified that the plaintiff has osteoarthritis in his right hip and spine. Also, he stated that “pain of spinal origin may be interpreted as hip pain,” and that can be as a result of a herniated disc. In addition, he stated that x-rays are among the most accurate method of predicting the status of the implant fixation. Also, with regard to an x-ray reading, “development of a continuous radiolucent zone of greater than two millimeters has been found to be a reliable indication of loosening.”
The plaintiff also called Dr. Louis Lombardi, the orthopedic surgeon in chief at the plaintiffs left hip implant surgery. Dr. Lombardi performed about 150 hip operations as the attending surgeon in charge, and presently does 50 such operations a year. He was assisted by Dr. Gilligan, the Chief Resident and Dr. Christian Dee, a Junior Resident. Prior to the plaintiffs operation, he examined him in the hospital and reported that the plaintiff had “unrelenting pain in the left hip which is actively related.”
The operation was a team effort with Dr. Lombardi in charge. Describing the operation, Dr. Lombardi stated it was good practice to make sure that the stem of the implant device is properly fitted in the femoral canal. In this operation the implant device did not fit and “sat about seven millimeters above the level of the top of the femur,” which is about 1/4 of an inch, even though the femoral canal was properly prepared.
Dr. Lombardi called in Dr. Altner, the Chief of Orthopedic Surgery at the Hospital, as he usually does. He showed Dr. Altner the 7 millimeter space:
Q Did you ever ask Dr. Altner what you should do with respect to the collar sitting seven millimeters proud?
A I asked him what he sought (sic) of it.
Q What did he say?
A He thought everything was okay. He specifically asked me if I thought it was stable. And I showed him again that it was, and that the leg lengths were reasonable.
(Tr. at 178-179).
The Court questioned Dr. Lombardi concerning the 7 millimeter gap and the bone graft filling the space:
THE COURT: If the collar is designed to fully engage the femoral calcar, in this case it didn’t engage the femoral calcar, did it?
THE WITNESS: It did after the bone graft was placed.
THE COURT: You testified that there was a seven millimeter gap, and I am using lay language, between the calcar, which is the top portion of the femur and the collar.
THE WITNESS: Yes.
THE COURT: You can’t let that gap remain, correct?
THE WITNESS: Yes.
THE COURT: Or the device would be inoperative?
THE WITNESS: No.
THE COURT: It would be operative still?
THE WITNESS: Yes, it would.
THE COURT: In other words, the fixation with the stem would be enough even without the graft?
THE WITNESS: Yes.
THE COURT: You said to make sure you put the 'graft in?
THE WITNESS: The graft was put in to prevent the possibility of the prosthesis subsiding, the outside possibility that the prosthesis would subside at a later time.
THE COURT: With the graft in place— by the way, did you do the graft?
THE WITNESS: Yes, I did.
THE COURT: When you had the graft in place, was it now a connection between the collar, the bottom of the collar, I forget the medical term, but the distal portion of the collar—
THE WITNESS: Yes.
THE COURT: And the bone graft?
THE WITNESS: Yes.
THE COURT: That being an extension of the femur?
THE WITNESS: Exactly.
THE COURT: With reasonable medical certainty has — does that happen from time to time?
THE WITNESS: Yes.
THE COURT: Have you done bone grafts before?
THE WITNESS: Yes, I have.
THE COURT: To fill in the space?
THE WITNESS: Yes.
THE COURT: With reasonable medical certainty what is the result of — withdrawn.
With reasonable medical certainty, in your opinion is the stability of the device any different with the bone graft than it is if the collar would have rested directly on the calcar?
THE WITNESS: No, there is no difference as evidenced by the use of non-eol-lared prostheses.
THE COURT: Please proceed.
(Tr. at 482-484).
As stated above, in order to close the 1/4 inch gap, Dr. Lombardi placed a bone graft in that space to prevent subsidence, meaning the condition where the prosthesis sinks into the canal. Dr. Lombardi also stated that complaint of pain at the site of the surgery is one sign of a loose prosthesis. After the surgery was concluded Dr. Lombardi reviewed the post-operative x-rays and found that the prosthesis “was in good position.” He continued to examine the plaintiff during his hospital stay and after his discharge. By April 21, 1994, the wound was healed and Cattaneo had no pain on motion of the left hip.
Dr. Peter Altner is Chief of the Orthopedic Service at the Hospital. He testified that the plaintiff has an obvious scoliosis and degenerative joint disease in the lower back. He attributes much of the plaintiff’s pain on both sides of his body to the lower back conditions. Dr. Altner was called into the operating room to give advice with regard to the gap and the bone graft designed to close the space. Dr. Altner reviewed a June 29, 1995 x-ray (Defendant’s Exh. B32) and stated that the left hip implant was in excellent position with no loosening. The Hospital radiologist’s report also states “There is no loosening of the prosthesis.” Dr. Altner was of the opinion that the bone graft united with the calcar to form one piece and did not in any manner cause looseness.
B. The Defendant’s Case
In its case, the defendant produced four physicians. Initially, the defendant called Dr. David M. Leivy, a neurosurgeon, and one of the plaintiffs treating physicians. Catta-neo was referred to Dr. Leivy by Dr. Spak. He examined the plaintiff on March 7, 1996. The plaintiffs chief complaint was pain in the right thigh and right- lower extremity, aggravated by activity. He also had right lower back pain. At that time the plaintiff.used a cane in his right hand. Dr. Leivy was of the opinion that the plaintiff had “lumbar steno-sis or disc herniation compressing the L4 nerve root on the right.” He recommended a myelogram and a cat scan which were performed on March 28, 1996. The findings on the myelogram were (1) a disc bulge at L4-L5 with narrowing at L4-L5, and (2) substantial degenerative changes. This degenerative process had progressed for years. The cat scan revealed a herniated disc at the level of L4-L5, narrowing at L3-L4 with irritation of the nerve roots. The radiological report set forth the diagnosis as a herniated disc at L4-L5. Dr. Leivy was asked about the etiology of the plaintiffs pain at the time of his examination in March 1996:
Q Did you come to a conclusion as to what caused the pain that was described in your report, dated March 7th, 1996 and that is in the first paragraph of your report to Dr. Spak?
A Yes, I felt he had a lot of degenerative disease in his low back and a disk (sic) herniation at L4-5, and that all of this was enough to produce the discomfort he was experiencing.
(Tr. at 364).
Significantly, Dr. Leivy testified that the plaintiff was not complaining of pain on the left side when he examined him on March 7, 1996, and he saw no problem with the left hip implant, nor did he believe the length of the plaintiffs left leg contributed to his problems:
Q Now, in March of 1996, was he complaining of any pain on the left side?
A No.
Q And based on the examination that you did of the patient, and your review of the films, would you be surprised if he had symptoms of pain on the left side?
A No. He could very well from the films.
Q Did you consider at all whether his hip prosthesis was the source of the pain rather than his spine?
A Well, whenever I -examined patients with low back and leg pain, it is always a consideration. I didn’t see any evidence of that here.
Q Do you think the surgery to implant his hip prosthesés cause (sic) the herniation you saw on the film?
A No.
Q Why not?
A I don’t know of anything that says if you have a hip replaced you end up with a herniated disc. I think they are unrelated. Q Well, what about the narrowing of the foramina that you had spoken about?
A This is a long-term chrome degenerative process.
Q You don’t think that the surgery caused that?
A No.
Q And how about the diffuse bulging of the annulus fibrosis at L3-4? Did the hip replacement surgery cause that?
A No.
Q How about if after hip replacement surgery a person had one leg an inch shorter — an inch longer than the other. Let’s assume that.
Would that cause the pain and objective findings that Mr. Cattaneo showed when he came to you?
A I don’t think so, no.
Q Why not?
A Again, we are seeing the results of a long-term chronic degenerative process that started maybe 10, 15 years earlier, and was finally causing some symptoms.
Q If Mr. Cattaneo’s left hip prosthesis had become loose, would you expect to see the types of complaints of pain that he presented to you with?
A I would have thought he had left hip pain I guess.
(Tr. at 364-366).
Steven Olster is a physician’s assistant who examined the plaintiff at the Hospital. On September 22, 1992, he wrote a note in the Hospital record stating that Cattaneo’s “history revealed low back pain with difficulty bending over for years.” Prior to the hip surgery he discussed the risks of the surgery including leg length discrepancies and loosening.
The second physician produced by the defendant was a most impressive and persuasive witness. Dr. Edward T. Habermann is presently a Professor and Chairman of the Department of Orthopedic Surgery at the Montefiore Medical Center, Albert Einstein College of Medicine. He performs 100 total hip arthroplasties per year and, over the last 30 years has done between 2000 and 3000 such operations. In addition, he performs approximately 25 hip implant revision operations per year. Dr. Habermann reviewed all of the hospital records, physicians’ reports, x-rays, cat scan, myelogram, bone scan and arthrogram films and he also reviewed the testimony of Dr. Goodman. In addition, Dr. Habermann examined the plaintiff on two occasions, on September 18, 1995 and October 18, 1996. In the October 1996 physical examination, the plaintiff complained of relatively constant pain in the left posterior lateral buttock radiating to his thigh and knee. He also had pain in the lower back, more on the right side and “burning numbness and tingling in the toes on both feet.” After conducting what was apparently a thorough and lengthy physical examination, Dr. Ha-bermann found that all the motions of the legs and back were pain free.
Dr. Habermann also measured the plaintiffs leg lengths by several methods and found that the plaintiffs left leg was 3/8 of .an inch longer than the right leg. He discussed the effect of the 3/8 inch lengthening of the plaintiffs left leg:
Q Did you consider that leg length discrepancy to be an acceptable measurement?
A An acceptable measurement. It was my measurement, so it-was what I got.
Do you mean, is it acceptable to have a 1.2 centimeter difference in leg lengths?
The reason for doing a total hip arthro-plasty is to give the patient stability, relief of pain. And if you end up, which is often the case, of slight lengthening of the extremity, we find it is an acceptable trade off. We like to make it as close (sic) possible as we can, if they have arthro-arthritic changes in the opposite hip, we may make it a little longer, because sometimes the opposite hip may be doing it at a future time where we can make it even, the leg length.
(Tr. at 508-509). Dr. Habermann’s examination also revealed that the plaintiff walked without a limp and without the use of a cane.
In his initial examination on September 18, 1995, the plaintiff stated that he had no pain referable to his left hip. His examination revealed a negative straight leg raising test and left thigh pain. In May 1995, the plaintiff developed “left sciatic like pain” down the left thigh and calf into the ankle. The plaintiff had a past history of “some back pain.” Dr. Habermann stated that sciatic pain differs from hip pain, which is in a different area. He stated that the most characteristic hip prosthesis-related pain is “get up and start to walk” pain or “start up pain”:
Q What is the classic pattern of hip pain? A Hip pain is pain, frequently—
Q Let me clarify my question. I mean from a hip prosthesis.
A Well, hip pain from a prosthesis can be pain in the groin, which is this region.
It can be start up pain.
The most characteristic pain from patients who have hip prosthetic related pain, is when you get up from a chair and get up and start to walk. The getting up and starting to walk produces pain. And that is very characteristic of pain produced with a loose femoral component.
Q What happens when the patient continues to walk?
A They frequently get better, or not better, depending on the character of the degree of looseness, the degree of tolerance to their pain. Many get better.
But the reason they have start up pain with a loose prosthesis in the femur, and we call that start up pain, is that there is an enormous amount of pressure and torque put on that prosthesis when you get up out of a chair, and you do this. It is called off-axis, AXIS, loading.
What it does with a loose prosthesis, it tends to torque the prosthesis which is loose, producing those symptoms.
Q Would pain attributable to a hip prosthesis be constant or once in a while? A As a rule hip prostheses that are loose are not very painful when you are resting. They become more painful with changing position or excessive loading, such as getting out of a chair. Most people who have a loose prosthesis are not really painful most of the time. They are painful only with certain activities.
(Tr. at 506-507).
In Dr. Habermann’s opinion the plaintiffs present complaints of pain are “a reflection of his low back derangement and discogenic symptoms,” with nerve root irritation. In his view, the pain on both sides is a result of the same low back problem. As to the variation in the plaintiffs leg length, Dr. Habermann testified that this change did not aggravate his spinal problems.
At the crux of this ease, Dr. Habermann rendered certain opinions with regard to the left hip implant operation:
Q Do you think that Mr. Cattaneo has to have his hip revised, that is taken out and replaced, his left hip?
A No.
Q Do you think his hip replacement at the VA Hospital was a successful operation?
A Yes.
(Tr. at 511).
Dr. Habermann testified that there are a number of risks in hip implant surgery including infection, leg length discrepancies and instability. Questioned about loosening, he testified that “loosening is when one or more components are not fixed rigidly within the bone.” To determine loosening Dr. Ha-bermann stated the following investigatory rules: (1) a good clinical history, including “start up pain when changing a position;” (2) serial x-rays, which is the best way to determine loosening to see “if there is increasing progression of what we call radiolucent zones within a prosthesis bone cement”; and (3) confirmed by an arthrogram “to see if dye gets into the peri-prosthetic surrounding” on bone scans. However, Dr. Habermann stated that the best way to determine whether a hip implant has loosened is serial x-rays.
As every physician agreed, Dr. Haber-mann testified that loosening is a complication that can happen without malpractice:
Q Can loosening happen without malpractice on the doctor’s part in surgery?
A Loosening is one of the most frequent causes of failure of total hip arthroplasty. And it is not specifically related to malpractice. It is related to that loosening is a complication of total hip arthroplasty.
(Tr. at 518).
Having reviewed Dr. Lombardi’s technique and the prosthesis used, Dr. Habermann testified that the total hip replacement at issue in this case was performed in accordance “with accepted standards of surgical procedures.”
Dr. Habermann also addressed the issue of the gap between the collar and the bone calcar. He stated that this situation happened in operations he performed and that it does not constitute a deviation from accepted practice. It is “one of the things that often occurs ... not often, but it can occur.” Dr. Habermann stated that it did not happen because the femoral canal was not properly prepared. He also testified that “if you look at an x-ray after a collared prosthesis has been put in approximately a year down the road, a significant percentage of them do not sit on the calcar. Because in the remodeling process the calcar has disappeared. So what you end up with is a gap between the collar and the calcar.” (Tr. at 525-526).
In addition, Dr. Habermann testified that the bone graft by Dr. Lombardi in the space between the calcar and the collar of the prosthesis was not medically necessary. He stated that Dr. Lombardi could have left that space “absolutely alone” and there would have been no difference whatsoever in the result. In his opinion the prosthesis was in good condition at the conclusion of the surgery. Further, the prosthesis never dislocated or loosened and the femur never became infected or fractured.
Further, as to the bone graft inserted by Dr. Lombardi, Dr. Habermann testified that it “incorporated into the body of the host bone and then became part of the host bone and then underwent remodelling changes as normal bone does when it becomes incorporated.” (Tr. at 529). Reviewing the x-rays, Dr. Habermann stated that by October 5, 1995 “the previous bone graft has now incorporated and has become part of the femur.” However there is a tiny space of approximately 2 millimeters between the collar and the calcar, by the process of resorption, which is not uncommon. In sum, “the bone graft has incorporated into the host bone and remodelled.” (Tr. at 531).
As to whether the implant is “loosened,” Dr. Habermann reviewed the serial x-rays, the arthrogram and the bone scan, and gave his interpretation:
Q Let’s keep looking at these X-rays.
Do you see any sign of loosening comparing these two X-rays?
A The X-rays are slightly different projections. But there is no definitive evidence of loosening.
There is a radiolucent zone seen in the February 1994 X-ray, which is relatively shortly post-operatively. Here, medially, and slightly laterally. And that has not significantly changed to any appreciable change in that period of 18 months.
I see no indication here that this is a loose prosthesis.
Q Did you also look at the arthrogram done by Dr. Spak?
A Yes, I did.
Q Did it show loosening?
A It did not. In my interpretation it showed a lot of extravasation of dye in the tissues.
Q Did you look at the bone scan done at Huntington Hospital?
A Yes.
Q And did that show loosening?
A Not definitive loosening. It showed some increased areas of uptake. But I find that bone scans are not very accurate in determining loosening in the absence of changes on the serial X-rays.
We see increased uptake on our bone scans a year, two years after the index procedure. So, I often times don’t use them. I think they are more helpful for infection than they are for loosening, especially when you use certain techniques of bone scan or white cell imaging. But I didn’t really think that that bone scan showed definitive loosening.
Q Do you have an opinion to a reasonable degree of medical certainty whether Mr. Cattaneo’s hip prosthesis is loose?
A Yes. I don’t believe it is loose.
Q Does that include the acetabular cup as well?
A Yes.
Q Has Mr. Cattaneo’s prosthesis subsided at all?
A No.
BY MR. AGOGLIA:
Q Thank you.
It is your position, if I understand what you just read correctly, that whatever problems he has on the left side are due to back problems and not loose prosthesis; is that correct?
A Yes.
Q And it is your position, if I understand unequivocally that this prosthesis is not loose; is that correct?
A Yes.
Q Did Gustave Cattaneo have any signs or symptoms that would lead you to find those causes of looseness that you have just listed?
A I didn’t find looseness in Mr. Catta-neo’s X-rays.
Q Does lack of contact between the collar of a collared prosthesis and the calcar bone of the femur cause loosening?
A No.
(Tr. at 531-538, 559, 728).
On cross examination, Dr. Habermann was closely questioned about the lucency appearing in a February 17,1994 x-ray (Defendant’s Exh. B8):
Q While you are here, if you would not mind, sir, on B-8 also, it appears that I can see, and I think you pointed out a lucent line along the shaft of the stem?
A Yes.
Q Is that correct?
A Yes.
Q Thank you.
Those findings you just identified on B-8, would they be indicative ever of a lucent problem?
A Yes, if they were progressive. And on serial X-rays we see that exact same lucent line on the X-ray taken the moment after the operation was completed on January 4th, 1994, and that lucent line hasn’t changed over a period of time.
So, the lucent line was seen on Exhibit B-6 virtually identical to that seen on Exhibit B-8. And that’s just the way it looked post-operatively.
It certainly wouldn’t be loose the moment it was done ...
(Tr. at 546-547).
Turning to the difference in the plaintiffs leg lengths, Dr. Habermann testified that in such surgery a difference in leg length is frequently seen in order to obtain stability of the joint and relief from pain. The remedy for such difference is a shoe lift. Also, he stated that the difference in leg lengths would have to be greater, perhaps two inches, to be excessive. In this case Dr. Habermann testified that “one centimeter, as in this case, is not an excessive degree of lengthening.” Dr. Habermann measured the legs by several different methods and determined that the left leg was between one and one and one-half centimeters longer.
Dr. Habermann concluded that the doctors at the VA “did not deviate from any accepted standards of surgical procedure in the care of Mr. Cattaneo.”
The third physician presented by the defendant was an equally impressive medical witness. Dr. Hilary Ruth Umans is a diagnostic radiologist with a subspecialty in orthopedic radiology. She is board certified in diagnostic radiology. Dr. Umans has extensive experience in redding x-rays of the hip and in reviewing bone scans and arthro-grams. She reviewed all the films, hospital records and the trial testimony of Dr. Rossi, the radiologist called by the plaintiff. Dr. Umans confirmed Dr. Habermann’s testimony that repeated serial regular x-rays are the best tool to diagnose loosening.
Dr. Umans performed a scanogram of the plaintiffs legs and determined that his left leg is 1.5 centimeters, or slightly more than 1/2 inch, longer. She reviewed the plaintiffs x-rays taken prior to the hip implant operation and read the films to show that, prior to the operation, he had severe osteoarthritis of the left hip which nearly obliterated the joint space. Also, in 1993 Cattaneo had “much less severe sclerosis and joint space narrowing at the right hip.” In addition, in 1993, the films show degenerative arthritis of L5-Sl.
Dr. Umans reviewed the portable x-rays taken on January 4, 1994, immediately following the operation and related “that the position of the femoral stem is satisfactory.” She also saw the lucency mentioned by the other physicians and stated that “radio lucen-cies about the amount of 1 to 2 millimeters is considered normal.” (Tr. at 655). However, what is more important, according to Dr. Umans, is to determine if there is growth of the lucency as time progressed. She did not detect any growth of the lucency on any of the subsequent films. Also, the lucency did not extend around the entire femoral stem, which would be corroborative of a loose prosthesis.
Dr. Umans reviewed the October 5, 1994 films and saw the same lucency and “no evidence of loosening.” By that time the bone “has been incorporated into the native femur.” She also reviewed the bone scan taken on November 21, 1995 and stated that the “modest increased uptake ... is within the accepted range ... and within the realm of normal.” (Tr. at 668). She also examined the arthrogram taken on December 28, 1995 and saw no evidence of loosening. However, Dr. Umans also stated that she did not think that the bone scan is diagnostic of loosening.
As to the myelogram, Dr. Umans stated that there was a moderate herniated disc bulge at the L4-L5 level. The cat scan also revealed a herniated disc at the L4-L5 level with pressure on the L4-L5 nerve root, together with severe arthritic changes at the facets, especially at the level of L5-S1. These abnormal conditions in the plaintiff’s lower spine were of long standing deviation. Dr. Umans also rendered the following opinions:
Q Okay.
Based on your review of all these films, do you have an opinion as to what is causing Mr. Cattaneo’s pain?
A Not mechanical loosening of the prosthesis.
Q Okay.
Do you have an opinion to a reasonable degree of medical certainty as to whether Mr. Cattaneo’s hip prosthesis is loose?
A I have an opinion that it is not.
(Tr. at 684).
The fourth and final physician produced by the defendant was Dr. Thaddeus Spak, an orthopedic surgeon, who was also one of the plaintiffs treating physicians. He first examined the plaintiff on November 13, 1995 for complaints of pain in the right and left side and inability to sleep. Dr. Spak “thought the pain in the right hip keeps him from sleeping at night.” Dr. Spak performed an aspiration of the left hip to rule out infection and ordered the bone scan and arthrogram. Dr. Spak agreed with Dr. Ha-bermann that “the classic sign of a loose prosthesis is the pain ... getting off the chair and walking up and down steps, where the prosthesis really has an occasion to move.” (Tr. at 787).
Interestingly, Dr. Spak apparently was originally of the opinion that the prosthesis was loose and then changed his mind.
A Yes.
Q And some time that day you changed your opinion; is that right?
A Yes.
THE COURT: So what does that mean then?
THE WITNESS: It is not loose, in spite of my earlier impression.
THE COURT: When it says no evidence of contrast paralleling the stem of the prosthesis, what does that mean?
THE WITNESS: The prosthesis is not loose. The contrast is not where it shouldn’t be, between the prosthesis— there should be — ideally there should be no contrast between the prosthesis and the bone. And there wasn’t any, which doesn’t mean 100 percent the prothesis is not loose, but it is a vexy strong indication that it is not.
Q Okay.
Based on your review of all these films, did you find evidence of loosening of the prosthesis?
A No, not on these X-rays.
(Tr. at 763-764, 792, 794).
It appears that Dr. Spak’s main concern was Cattaneo’s spine. He felt that much of the plaintiffs symptoms came from the problems in his spine, including the herniated disc between L4 and L5 and the spinal stenosis, or narrowing in the disc space. He recommended a course of treatment of cortisone injections to try to improve his spinal problems. After Dr. Spak testified at a deposition that the prosthesis was not loose, Catta-neo cancelled his next appointment and never returned. In sum, Dr. Spak did not believe that the prosthesis was loose and did not recommend that the left hip implant be revised.
III. ADDITIONAL FINDINGS OF FACT
The Court finds that, based on a review of all the testimony and the exhibits, the plaintiff failed to prove that the implant in the plaintiffs left hip is loose. Clinically, Catta-neo does not have the classic symptoms of “start up” pain. He testified that he has pain in the left hip even when sleeping or resting, an atypical symptom in a loosened implant. In this regard the Court credits the testimony of Dr. Habermann, Dr. Umans and Dr. Spak, the plaintiffs own treating physician, that neither the serial x-rays, nor the arthrogram or bone scan, show evidence of loosening. The lucency never changed in size and did not encompass the entire stem. On the contrary, the more dispositive serial x-rays demonstrate that the hip implant is in a good position and is not loose.
In this case, in view of the finding that the implant is not loose, the Court need not consider the second issue, namely whether Dr. Lombardi departed from accepted practice in performing the operation. However, to complete the record, the Court will determine that issue.
The Court finds that the plaintiff faded to pzwe that either Dz*. Lombardi or any of the other surgeons departed from accepted practice in the course of the plaintiffs hip implant surgery. The Court finds that the surgical team properly prepared the femur to receive the femoral component. The Court finds that, notwithstanding the 1/4 inch gap between the calcar and the collar, the stem and the entire prosthesis was firmly and propez’ly implanted. The Court further finds that neither the gap nor the bone graft to fill the space constituted a departure from good and accepted surgical practice. Indeed, the Court credits the testimony of Dr. Haber-mann to the effect that the bone graft was unnecessary, because the small space would fill in by itself.
In addition, the Court finds that a substantial cause of the bilateral pain the plaintiff is experiencing to various parts of his back, hips and lower extremities is caused by his longstanding serious low back problems. The plaintiff has suffered from lower back problems since his Army days in the early 1950s. These conditions now include a clearly defined herniated disc between L4-L5, a bulging disc between L3-L4 with irritation of the nerve roots, diffuse degenerative arthritis changes and scoliosis in the lower spine. These major spinal abnormalities were confirmed by Dr. David Leivy, the plaintiffs treating neurosurgeon.
IV. CONCLUSIONS
The Court finds that the plaintiff failed to prove, by a preponderance of the credible evidence, that the surgeons at the Northport Veteran’s Hospital departed from accepted medical practice with regard to the left hip total arthroplasty performed on January 4, 1994.
Accordingly, the Clerk of the Court is directed to enter judgment in favor of the defendant dismissing the complaint.
SO ORDERED.
Tr. stands for Trial Transcript.
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CASELAW
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admin November 2, 2017
bone marrow transplantation
When a bone marrow or cord blood transplantation is done, it is only to give relief and cure to those patients who are suffering from critical diseases like lymphoma, leukaemia and sickle cell anaemia like diseases. As new age medical discoveries are happening, it is discovered that a bone marrow transplant can also lead to cure of some other critical diseases as well.
There is a list of bone marrow transplant specialist in India, who can help the patient with the procedure if they are suffering from any of the above mentioned diseases and this can be a cure to them.
Acute leukaemia or mylogeneous is a very common and cute leukaemia disease which can affect people of any age. But this mainly happens in adults. Then there is acute lymphoblastic leukaemia which mostly happens to children under the age of 15. There is another kind of leukaemia which is also known as the chronic lymphocytic leukaemia which is also primarily an adult disease. This is a rare disease to be found in children.
Apart from different types of leukaemia, there are other diseases as well which can be cured after going through the bone transplantation procedure.
Such as severe aplastic anaemia which is a very rare disease and it can affect mostly some young adults. There is also an inherited immune system disorder in some human beings which can be present right at the time of birth of an individual. This can become life threatening within the very first year if it goes untreated.
Beta thalassemia major and sickle cell disease is also an inherited disease of the red blood cells.
Krabbe disease on the other hand is very rare. This can happen during the early age. All of these rare diseases can be treated if there is a scope for bone marrow transplantation.
But bone marrow transplantation is not a very easy process to face. For that one needs months or even years of preparation. First of all one needs a donor who will provide stem cells for the one who is suffering from the disease and need the transplantation. Once the donor is confirmed, then the patient has to go under a few chemotherapy and radiology sessions so that their body can be prepared to take the procedure of bone transplantation.
In fact, the patient has to be admitted in the hospital for at least a month to take mental and physical preparation to undergo this. There is a health care team which takes care of the patient. They maintain a day to day chart of the health condition of the patient and study them to find out what kind of side effects they can face post transplantation. If there is any long term side effect, then they let the patient know about it prior the transplantation.
Best bone marrow transplant specialist in India is those who try to do the procedure leaving least possible risks for the patient. They also take after care when the transplantation is done.
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ESSENTIALAI-STEM
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Article
Cutting edge: induction of B7-H4 on APCs through IL-10: novel suppressive mode for regulatory T cells.
Department of Surgery, University of Michigan, 1500 East Medical Center Drive, Ann Arbor, MI 48109, USA.
The Journal of Immunology (Impact Factor: 5.36). 08/2006; 177(1):40-4. DOI: 10.4049/jimmunol.177.1.40
Source: PubMed
ABSTRACT Multiple modes of suppressive mechanisms including IL-10 are thought to be implicated in CD4+CD25+ regulatory T (Treg) cell-mediated suppression. However, the cellular source, role, and molecular mechanism of IL-10 in Treg cell biology remain controversial. We now studied the interaction between Treg cells and APCs. We demonstrate that Treg cells, but not conventional T cells, trigger high levels of IL-10 production by APCs, stimulate APC B7-H4 expression, and render APCs immunosuppressive. Initial blockade of B7-H4 reduces the suppressive activity mediated by Treg cell-conditioned APCs. Further, APC-derived, rather than Treg cell-derived, IL-10 is responsible for APC B7-H4 induction. Therefore, Treg cells convey suppressive activity to APCs by stimulating B7-H4 expression through IL-10. Altogether, our data provide a novel cellular and molecular mechanism for Treg cell-mediated immunosuppression at the level of APCs, and suggest a plausible mechanism for the suppressive effect of IL-10 in Treg cell-mediated suppression.
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ABSTRACT: B7-H4 is a recently identified member of the B7 family considered to negatively regulate the immune response, and has been associated with the occurrence and development of certain types of tumor. However, little is known regarding the importance of human B7-H4 expression in bladder urothelial carcinoma. In the present study, B7-H4 expression in the tissues and sera of patients with bladder urothelial carcinoma was investigated, along with the clinical significance. In addition, the effects of activated T-lymphocyte in vitro cytotoxicity in the BIU-87 bladder cancer cell line following the blockade of the B7-H4 signaling pathway were also analyzed. The results showed that in normal bladder tissues, B7-H4 was not detected, but in the bladder urothelial carcinoma tissue samples, B7-H4 was detected in 24/49 (49.0%) specimens. Additionally, positive B7-H4 expression was significantly associated with increased TNM stage and pathological grade (P<0.05). Compared with the healthy control group, the serum-B7-H4 (sB7-H4) concentrations in the patients were also significantly increased (P<0.05). The sB7-H4 concentrations in cases with high-grade histology were significantly higher than those in patients with low-grade histology (P<0.05). Following the blockade of the B7-H4 antigen in BIU-87 cells, the cytotoxic activity of activated T cells against such BIU-87 cells was significantly enhanced compared with that against the control BIU-87 cells. This occurred in a T cell density-dependent and blocking antibody dose-dependent manner. These observations suggest that B7-H4 is involved in tumor occurrence, and the development and immune escape of bladder urothelial carcinoma cells. Therefore, B7-H4 may be an important target in the diagnosis and/or treatment of bladder urothelial carcinoma.
Oncology letters 12/2014; 8(6):2527-2534. · 0.99 Impact Factor
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ABSTRACT: Auto- and alloreactive T cells are major culprits that damage β-cells in type 1 diabetes (T1D) and islet transplantation. Current immunosuppressive drugs can alleviate immune-mediated attacks on islets. T cell co-stimulation blockade has shown great promise in autoimmunity and transplantation as it solely targets activated T cells, and therefore avoids toxicity of current immunosuppressive drugs. An attractive approach is offered by the newly-identified negative T cell co-signaling molecule B7-H4 which is expressed in normal human islets, and its expression co-localizes with insulin. A concomitant decrease in B7-H4/insulin co-localization is observed in human type 1 diabetic islets. B7-H4 may play protective roles in the pancreatic islets, preserving their function and survival. In this review we outline the protective effect of B7-H4 in the contexts of T1D, islet cell transplantation, and potentially type 2 diabetes. Current evidence offers encouraging data regarding the role of B7-H4 in reversal of autoimmune diabetes and donor-specific islet allograft tolerance. Additionally, unique expression of B7-H4 may serve as a potential biomarker for the development of T1D. Future studies should continue to focus on the islet-specific effects of B7-H4 with emphasis on mechanistic pathways in order to promote B7-H4 as a potential therapy and cure for T1D.
World journal of diabetes. 12/2014; 5(6):739-46.
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ABSTRACT: Unleashing the immune system to fight cancer has become one of the main treatment modalities since the anti-CTLA-4 antibody, ipilimumab was approved for patients with advanced melanoma in 2011. Pembrolizumab and nivolumab, two anti-PD-1 antibodies recently approved for the treatment of patients with metastatic melanoma, are being actively investigated for the treatment of multiple caners including lung, breast, bladder and renal cancers along with other anti-PD-1/L1 antibodies. Early results of combining of anti-CTLA-4 antibody and anti-PD-1 antibody treatment for advanced melanoma patients are showing impressive response rates with manageable toxicity profiles. There are several other checkpoint molecules that are likely potential inhibitory targets. The outcome of blocking some of these negative immune regulators, such as LAG-3 or TIM-3, is being pursued in the clinic or about to enter clinical development. Blockade of these molecules is demonstrating promising preclinical activity alone or when combined with anti-PD-1/L1. Future studies will define bio-markers of these therapies and how to target them alone or in combination with other immunotherapies, chemotherapy, radiotherapy and small molecule inhibitors.
Current Opinion in Immunology. 04/2015; 33.
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ESSENTIALAI-STEM
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AWS SDK for C++ 1.9.128
AWS SDK for C++
Public Member Functions | List of all members
Aws::QuickSight::Model::AnalysisSearchFilter Class Reference
#include <AnalysisSearchFilter.h>
Public Member Functions
AnalysisSearchFilter ()
AnalysisSearchFilter (Aws::Utils::Json::JsonView jsonValue)
AnalysisSearchFilteroperator= (Aws::Utils::Json::JsonView jsonValue)
Aws::Utils::Json::JsonValue Jsonize () const
const FilterOperatorGetOperator () const
bool OperatorHasBeenSet () const
void SetOperator (const FilterOperator &value)
void SetOperator (FilterOperator &&value)
AnalysisSearchFilterWithOperator (const FilterOperator &value)
AnalysisSearchFilterWithOperator (FilterOperator &&value)
const AnalysisFilterAttributeGetName () const
bool NameHasBeenSet () const
void SetName (const AnalysisFilterAttribute &value)
void SetName (AnalysisFilterAttribute &&value)
AnalysisSearchFilterWithName (const AnalysisFilterAttribute &value)
AnalysisSearchFilterWithName (AnalysisFilterAttribute &&value)
const Aws::StringGetValue () const
bool ValueHasBeenSet () const
void SetValue (const Aws::String &value)
void SetValue (Aws::String &&value)
void SetValue (const char *value)
AnalysisSearchFilterWithValue (const Aws::String &value)
AnalysisSearchFilterWithValue (Aws::String &&value)
AnalysisSearchFilterWithValue (const char *value)
Detailed Description
A filter that you apply when searching for one or more analyses.
See Also:
AWS API Reference
Definition at line 34 of file AnalysisSearchFilter.h.
Constructor & Destructor Documentation
◆ AnalysisSearchFilter() [1/2]
Aws::QuickSight::Model::AnalysisSearchFilter::AnalysisSearchFilter ( )
◆ AnalysisSearchFilter() [2/2]
Aws::QuickSight::Model::AnalysisSearchFilter::AnalysisSearchFilter ( Aws::Utils::Json::JsonView jsonValue)
Member Function Documentation
◆ GetName()
const AnalysisFilterAttribute& Aws::QuickSight::Model::AnalysisSearchFilter::GetName ( ) const
inline
The name of the value that you want to use as a filter, for example "Name": "QUICKSIGHT_USER".
Definition at line 84 of file AnalysisSearchFilter.h.
◆ GetOperator()
const FilterOperator& Aws::QuickSight::Model::AnalysisSearchFilter::GetOperator ( ) const
inline
The comparison operator that you want to use as a filter, for example "Operator": "StringEquals".
Definition at line 47 of file AnalysisSearchFilter.h.
◆ GetValue()
const Aws::String& Aws::QuickSight::Model::AnalysisSearchFilter::GetValue ( ) const
inline
The value of the named item, in this case QUICKSIGHT_USER, that you want to use as a filter, for example "Value". An example is "arn:aws:quicksight:us-east-1:1:user/default/UserName1".
Definition at line 122 of file AnalysisSearchFilter.h.
◆ Jsonize()
Aws::Utils::Json::JsonValue Aws::QuickSight::Model::AnalysisSearchFilter::Jsonize ( ) const
◆ NameHasBeenSet()
bool Aws::QuickSight::Model::AnalysisSearchFilter::NameHasBeenSet ( ) const
inline
The name of the value that you want to use as a filter, for example "Name": "QUICKSIGHT_USER".
Definition at line 90 of file AnalysisSearchFilter.h.
◆ operator=()
AnalysisSearchFilter& Aws::QuickSight::Model::AnalysisSearchFilter::operator= ( Aws::Utils::Json::JsonView jsonValue)
◆ OperatorHasBeenSet()
bool Aws::QuickSight::Model::AnalysisSearchFilter::OperatorHasBeenSet ( ) const
inline
The comparison operator that you want to use as a filter, for example "Operator": "StringEquals".
Definition at line 53 of file AnalysisSearchFilter.h.
◆ SetName() [1/2]
void Aws::QuickSight::Model::AnalysisSearchFilter::SetName ( AnalysisFilterAttribute && value)
inline
The name of the value that you want to use as a filter, for example "Name": "QUICKSIGHT_USER".
Definition at line 102 of file AnalysisSearchFilter.h.
◆ SetName() [2/2]
void Aws::QuickSight::Model::AnalysisSearchFilter::SetName ( const AnalysisFilterAttribute value)
inline
The name of the value that you want to use as a filter, for example "Name": "QUICKSIGHT_USER".
Definition at line 96 of file AnalysisSearchFilter.h.
◆ SetOperator() [1/2]
void Aws::QuickSight::Model::AnalysisSearchFilter::SetOperator ( const FilterOperator value)
inline
The comparison operator that you want to use as a filter, for example "Operator": "StringEquals".
Definition at line 59 of file AnalysisSearchFilter.h.
◆ SetOperator() [2/2]
void Aws::QuickSight::Model::AnalysisSearchFilter::SetOperator ( FilterOperator && value)
inline
The comparison operator that you want to use as a filter, for example "Operator": "StringEquals".
Definition at line 65 of file AnalysisSearchFilter.h.
◆ SetValue() [1/3]
void Aws::QuickSight::Model::AnalysisSearchFilter::SetValue ( Aws::String && value)
inline
The value of the named item, in this case QUICKSIGHT_USER, that you want to use as a filter, for example "Value". An example is "arn:aws:quicksight:us-east-1:1:user/default/UserName1".
Definition at line 143 of file AnalysisSearchFilter.h.
◆ SetValue() [2/3]
void Aws::QuickSight::Model::AnalysisSearchFilter::SetValue ( const Aws::String value)
inline
The value of the named item, in this case QUICKSIGHT_USER, that you want to use as a filter, for example "Value". An example is "arn:aws:quicksight:us-east-1:1:user/default/UserName1".
Definition at line 136 of file AnalysisSearchFilter.h.
◆ SetValue() [3/3]
void Aws::QuickSight::Model::AnalysisSearchFilter::SetValue ( const char * value)
inline
The value of the named item, in this case QUICKSIGHT_USER, that you want to use as a filter, for example "Value". An example is "arn:aws:quicksight:us-east-1:1:user/default/UserName1".
Definition at line 150 of file AnalysisSearchFilter.h.
◆ ValueHasBeenSet()
bool Aws::QuickSight::Model::AnalysisSearchFilter::ValueHasBeenSet ( ) const
inline
The value of the named item, in this case QUICKSIGHT_USER, that you want to use as a filter, for example "Value". An example is "arn:aws:quicksight:us-east-1:1:user/default/UserName1".
Definition at line 129 of file AnalysisSearchFilter.h.
◆ WithName() [1/2]
AnalysisSearchFilter& Aws::QuickSight::Model::AnalysisSearchFilter::WithName ( AnalysisFilterAttribute && value)
inline
The name of the value that you want to use as a filter, for example "Name": "QUICKSIGHT_USER".
Definition at line 114 of file AnalysisSearchFilter.h.
◆ WithName() [2/2]
AnalysisSearchFilter& Aws::QuickSight::Model::AnalysisSearchFilter::WithName ( const AnalysisFilterAttribute value)
inline
The name of the value that you want to use as a filter, for example "Name": "QUICKSIGHT_USER".
Definition at line 108 of file AnalysisSearchFilter.h.
◆ WithOperator() [1/2]
AnalysisSearchFilter& Aws::QuickSight::Model::AnalysisSearchFilter::WithOperator ( const FilterOperator value)
inline
The comparison operator that you want to use as a filter, for example "Operator": "StringEquals".
Definition at line 71 of file AnalysisSearchFilter.h.
◆ WithOperator() [2/2]
AnalysisSearchFilter& Aws::QuickSight::Model::AnalysisSearchFilter::WithOperator ( FilterOperator && value)
inline
The comparison operator that you want to use as a filter, for example "Operator": "StringEquals".
Definition at line 77 of file AnalysisSearchFilter.h.
◆ WithValue() [1/3]
AnalysisSearchFilter& Aws::QuickSight::Model::AnalysisSearchFilter::WithValue ( Aws::String && value)
inline
The value of the named item, in this case QUICKSIGHT_USER, that you want to use as a filter, for example "Value". An example is "arn:aws:quicksight:us-east-1:1:user/default/UserName1".
Definition at line 164 of file AnalysisSearchFilter.h.
◆ WithValue() [2/3]
AnalysisSearchFilter& Aws::QuickSight::Model::AnalysisSearchFilter::WithValue ( const Aws::String value)
inline
The value of the named item, in this case QUICKSIGHT_USER, that you want to use as a filter, for example "Value". An example is "arn:aws:quicksight:us-east-1:1:user/default/UserName1".
Definition at line 157 of file AnalysisSearchFilter.h.
◆ WithValue() [3/3]
AnalysisSearchFilter& Aws::QuickSight::Model::AnalysisSearchFilter::WithValue ( const char * value)
inline
The value of the named item, in this case QUICKSIGHT_USER, that you want to use as a filter, for example "Value". An example is "arn:aws:quicksight:us-east-1:1:user/default/UserName1".
Definition at line 171 of file AnalysisSearchFilter.h.
The documentation for this class was generated from the following file:
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ESSENTIALAI-STEM
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Specifying Daily Schedule - Veeam Backup for AWS Guide
Specifying Daily Schedule
In this article
To create a daily schedule for the backup policy, at the Schedule step of the wizard, do the following:
1. Set the Daily schedule toggle to On and click Edit Daily Settings.
2. In the Create daily schedule window, select hours when the backup policy must create cloud-native snapshots and snapshot replicas.
If you want to protect RDS instance data more frequently, you can instruct the backup policy to create multiple cloud-native snapshots per hour. To do that, click the link to the right of the Snapshots hour selection area, and specify the number of cloud-native snapshots that the backup policy must create within an hour.
Note
Veeam Backup for AWS does not create snapshot replicas independently from cloud-native snapshots. That is why when you select hours to create snapshot replicas, the same hours are automatically selected for cloud-native snapshots. To learn how Veeam Backup for AWS performs backup, see How Backup Works.
1. Use the Run at drop-down list to choose whether you want the backup policy to run everyday, on work days (Monday through Friday) or on specific days.
2. In the Daily retention section, for cloud-native snapshots and snapshot replicas, specify the number of restore points that you want to keep in cloud-native snapshot and snapshot replica chains.
If the restore point limit is exceeded, Veeam Backup for AWS removes the earliest restore point from the chain. For more information, see Snapshot Retention.
1. To save changes made to the backup policy settings, click Apply.
Specifying Daily Schedule
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ESSENTIALAI-STEM
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Page:Barlaam and Josaphat. English lives of Buddha.djvu/27
Rh of the East was divided between Dyotheletism, which recognised two Wills in Christ, and Monotheletism, which fuses the two into one. The decisive moment in the controversy came in 633, when Cyrus of Alexandria promulgated his Nine Articles, by which Monotheletism became incumbent on the orthodox. Now the book of Barlaam is distinctly Dyotheletic in tendency, and by this subtle means we are therefore led by M. Zotenberg to the conclusion that its date must be anterior at least to the year 633. On the other hand, a terminus a quo is given for the book by the fact that the Convent of St. Saba was refounded by that Saint in the year 491.
M. Zotenberg went a step further in determining the age of the book by a careful examination of the historical background involved in it. The Religions of the world are stated to be three: Idolatry, Judaism, Christianity. Hence M. Zotenberg infers that the book was written previous to the marvellous spread of Islam in the seventh century. And in the particular form of Idolatry professed by Abenner, King of the Indians and father of Joasaph, clear reference is to be found in the tenets of
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WIKI
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Automatic generation of natural language nursing shift summaries in neonatal intensive care: BT-Nurse
James Hunter, Yvonne Freer, Albert Gatt, Ehud Reiter, Somayajulu Sripada, Cindy Sykes
Research output: Contribution to journalArticlepeer-review
62 Citations (Scopus)
Abstract
Introduction
Our objective was to determine whether and how a computer system could automatically generate helpful natural language nursing shift summaries solely from an electronic patient record system, in a neonatal intensive care unit (NICU).
Methods
A system was developed which automatically generates partial NICU shift summaries (for the respiratory and cardiovascular systems), using data-to-text technology. It was evaluated for 2 months in the NICU at the Royal Infirmary of Edinburgh, under supervision.
Results
In an on-ward evaluation, a substantial majority of the summaries was found by outgoing and incoming nurses to be understandable (90%), and a majority was found to be accurate (70%), and helpful (59%). The evaluation also served to identify some outstanding issues, especially with regard to extra content the nurses wanted to see in the computer-generated summaries.
Conclusions
It is technically possible automatically to generate limited natural language NICU shift summaries from an electronic patient record. However, it proved difficult to handle electronic data that was intended primarily for display to the medical staff, and considerable engineering effort would be required to create a deployable system from our proof-of-concept software.
Original languageEnglish
Pages (from-to)157-172
Number of pages16
JournalArtificial Intelligence in Medicine
Volume56
Issue number3
Early online date12 Oct 2012
DOIs
Publication statusPublished - Nov 2012
Bibliographical note
Acknowledgements
We are grateful to the UK Engineering and Physical Sciences Research Council (EPSRC) for funding the BabyTalk project with grants to the University of Aberdeen (EP/D049520/1) and the University of Edinburgh (EP/D05057X/1). We are also grateful to Peter Badger and Tom Lyon of Clevermed® for always being on hand to answer our queries and to expedite integration of BT-Nurse with the Badger system. We thank our reviewers for considered and helpful comments.
Keywords
• natural language generation
• natural language processing
• data to text
• neonatal intensive care
• health informatics
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ESSENTIALAI-STEM
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File 890fc0f1-cve-2015-5313.patch of Package libvirt.11695
From 890fc0f1ffcc479b08b9fd01de31b62e3d9e7427 Mon Sep 17 00:00:00 2001
From: Eric Blake <eblake@redhat.com>
Date: Tue, 8 Dec 2015 17:46:31 -0700
Subject: [PATCH] CVE-2015-5313: storage: don't allow '/' in filesystem volume
names
The libvirt file system storage driver determines what file to
act on by concatenating the pool location with the volume name.
If a user is able to pick names like "../../../etc/passwd", then
they can escape the bounds of the pool. For that matter,
virStoragePoolListVolumes() doesn't descend into subdirectories,
so a user really shouldn't use a name with a slash.
Normally, only privileged users can coerce libvirt into creating
or opening existing files using the virStorageVol APIs; and such
users already have full privilege to create any domain XML (so it
is not an escalation of privilege). But in the case of
fine-grained ACLs, it is feasible that a user can be granted
storage_vol:create but not domain:write, and it violates
assumptions if such a user can abuse libvirt to access files
outside of the storage pool.
Therefore, prevent all use of volume names that contain "/",
whether or not such a name is actually attempting to escape the
pool.
This changes things from:
$ virsh vol-create-as default ../../../../../../etc/haha --capacity 128
Vol ../../../../../../etc/haha created
$ rm /etc/haha
to:
$ virsh vol-create-as default ../../../../../../etc/haha --capacity 128
error: Failed to create vol ../../../../../../etc/haha
error: Requested operation is not valid: volume name '../../../../../../etc/haha' cannot contain '/'
Signed-off-by: Eric Blake <eblake@redhat.com>
(cherry picked from commit 034e47c338b13a95cf02106a3af912c1c5f818d7)
---
src/storage/storage_backend_fs.c | 10 +++++++++-
1 file changed, 9 insertions(+), 1 deletion(-)
Index: libvirt-1.2.5/src/storage/storage_backend_fs.c
===================================================================
--- libvirt-1.2.5.orig/src/storage/storage_backend_fs.c
+++ libvirt-1.2.5/src/storage/storage_backend_fs.c
@@ -1,7 +1,7 @@
/*
* storage_backend_fs.c: storage backend for FS and directory handling
*
- * Copyright (C) 2007-2014 Red Hat, Inc.
+ * Copyright (C) 2007-2015 Red Hat, Inc.
* Copyright (C) 2007-2008 Daniel P. Berrange
*
* This library is free software; you can redistribute it and/or
@@ -1005,6 +1005,14 @@ virStorageBackendFileSystemVolCreate(vir
vol->type = VIR_STORAGE_VOL_FILE;
+ /* Volumes within a directory pools are not recursive; do not
+ * allow escape to ../ or a subdir */
+ if (strchr(vol->name, '/')) {
+ virReportError(VIR_ERR_OPERATION_INVALID,
+ _("volume name '%s' cannot contain '/'"), vol->name);
+ return -1;
+ }
+
VIR_FREE(vol->target.path);
if (virAsprintf(&vol->target.path, "%s/%s",
pool->def->target.path,
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ESSENTIALAI-STEM
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UNITED STATES of America EX REL. William CEAS Jr. and William Ceas Jr., individually, Plaintiffs, v. CHRYSLER GROUP LLC, Defendant.
Case No.: 12-cv-2870
United States District Court, N.D. Illinois, Eastern Division.
Signed January 28, 2015
Michael Charles Rosenblat, Michael C. Rosenblat, P.C., Northbrook, IL, AUSA, United States Attorney’s Office, Clinton A. Krislov, Kenneth Todd Goldstein, Krislov & Associates, Ltd., Chicago, IL, for Plaintiffs.
Brian William Bell, Anthony Joseph Monaco, Julie D. Miller, Swanson, Martin & Bell, LLP, Chicago, IL, for Defendant.
MEMORANDUM OPINION AND ORDER
Robert M. Dow, Jr. United States District Judge
Before the Court is Defendant’s motion to dismiss [20]. For the reasons stated below, Defendant’s motion to dismiss [20] is granted without prejudice. Plaintiff has 60 days to file a second amended complaint, should he so choose. If Plaintiff does not file a second amended complaint within 60 days, the Court will dismiss the case with prejudice.
I. Background
On April 30, 2009, Chrysler LLC, formerly known as DaimlerChrysler Corporation, and certain of its affiliates (collectively, “Old Chrysler”), filed a pre-packaged bankruptcy petition under chapter 11 in the United States Bankruptcy Court for the Southern District of New York. On that same day, in a “well-publicized transaction,” Old Chrysler entered into a Master Transaction Agreement (“MTA”) agreeing to sell substantially all of its assets free and clear of all claims and liabilities — other than those expressly listed in the MTA (the “Assumed Liabilities”) — to defendant Chrysler Group LLC (“New Chrysler”) for $2 billion in cash. On June 1, 2009, the bankruptcy court entered an order approving the sale (the “Sale Order,” In re Chrysler LLC, No. 09-50002(AJG) (Bankr.S.D.N.Y. June 1, 2009) (ECF No. 8232)) pursuant to 11 U.S.C. § 363(f) of the Bankruptcy Code. See In re Chrysler LLC, 405 B.R. 84 (Bankr.S.D.N.Y.2009) (opinion accompanying sale order), aff'd 576 F.3d 108 (2d Cir.2009), vacated and remanded sub nom. Ind. State Police Pension Trust v. Chrysler LLC, 558 U.S. 1087, 130 S.Ct. 1015, 175 L.Ed.2d 614 (2009), dismissed as moot sub nom. In re Chrysler LLC, 592 F.3d 370 (2d Cir.2010).
On April 18, 2012, Plaintiff William Ceas, Jr. filed this qui tarn False Claims Act (“FCA”) complaint [1], both individually and on behalf of the United States, alleging that New Chrysler (or, assumedly, its purported predecessors) made false statements to the United States regarding the warranties on certain vehicles that Old Chrysler sold to the United States in 2004 and 2005. Specifically, Plaintiff alleges that “Chrysler fraudulently induced the Government into purchasing * * * Chrysler vehicle[s] after the Government was advised that the vehicle[s] would have a 7 year/70,000 mile powertrain warranty,” when in fact “these vehicles purchased by the United States did not come with a 7 year/70,000 mile powertrain warranty.” [24, at 8.] The United States declined to intervene in this action pursuant to the False Claims Act, 31 U.S.C. § 3730(b)(2)(A) [6], and Ceas is continuing the action as a relator in the name of the United States. Plaintiff filed an amended complaint on July 17, 2014[12], doubling his tally of alleged False Claims Act violations from three to six. Defendant New Chrysler has moved to dismiss all six counts in Plaintiffs amended complaint [20] on the grounds that (a) Plaintiffs claims are barred by the Sales Order issued in the chapter 11 bankruptcy proceedings and, alternatively, that (b) Plaintiff failed to plead his claims with sufficient particularity as required by Federal Rule of Civil Procedure 9(b).
II. Analysis
A. Whether New Chrysler Assumed FCA Liability in the MTA 1. Assumed liabilities
As a threshold matter, in order to rule on the legal issue of whether Plaintiffs FCA claims are barred by the bankruptcy court’s 2009 injunction, the Court must review and interpret the Sales Order and MTA, which describe the liabilities that New Chrysler assumed in purchasing Old Chrysler’s assets. Federal Rule of Civil Procedure 12(d) says that “[i]f, on a motion under Rule 12(b)(6) * * * matters outside the pleadings are presented to and not excluded by the court, the motion must be treated as one for summary judgment under Rule 56.” Fed.R.Civ.P. 12(d). The Seventh Circuit recognizes a narrow exception to this rule, see Levenstein v. Salafsky, 164 F.3d 345, 347 (7th Cir.1998), noting that the rule’s purpose is to “prevent parties from surviving a motion to dismiss by artful pleading or by failing to attach relevant documents.” 188 LLC v. Trinity Indus., Inc., 300 F.3d 730, 735 (7th Cir.2002) (citation omitted). Specifically, documents that are referred to in the complaint and are central to the claim may be considered on a motion to dismiss. Albany Bank & Trust Co. v. Exxon Mobil Corp., 310 F.3d 969, 971 (7th Cir.2002); Venture Assocs. Corp. v. Zenith Data Sys. Corp., 987 F.2d 429, 431 (7th Cir.1993); Wright v. Assoc. Ins. Cos., Inc., 29 F.3d 1244, 1248 (7th Cir.1994) (discussing Venture Associates and determining that a contract on which the claim is based is central to the claim and may be considered on a motion to dismiss). A district court is also permitted to take judicial notice of public documents, including public court documents, while considering a motion to dismiss under Rule 12(b)(6). See Pierce v. Ill. Dep’t of Human Servs., 128 Fed.Appx. 534, 536 n. 1 (7th Cir.2005) (citing Henson v. CSC Credit Servs., 29 F.3d 280, 284 (7th Cir.1994)). Here, the Sale Agreement and the MTA are public documents — both via the bankruptcy court’s docket and Chrysler’s SEC filings — and are contracts that are central to Plaintiffs claims. Accordingly, the Court is permitted to review these documents without converting Defendant’s motion to dismiss into a motion for summary judgment. See Ennenga v. Starns, 677 F.3d 766, 774 (7th Cir.2012) (“Taking judicial notice of matters of public record need not convert a motion to dismiss into a motion for summary judgment.”); Quincy Mall, Inc. v. Parisian, Inc., 27 Fed.Appx. 631, 636 (7th Cir.2001) (“In reviewing a motion to dismiss, we may look to matters of public record outside the pleadings, including the public court documents filed in the bankruptcy proceeding.”).
The Sale Order explicitly states that New Chrysler purchased Old Chrysler’s assets “free and clear” of all “claims” (save for the Assumed Liabilities), whether arising before or after the petition date. [Sale Order, 21-2, at 4, 10.] The Sale Order adopted a broad, inclusive definition of “claim”:
[L]iens, claims (as such term is defined by section 101(5) of the Bankruptcy Code), liabilities, encumbrances, rights, remedies, restrictions and interests and encumbrances of any kind or nature whatsoever whether arising before or after the Petition Date, whether at law or in equity, including all claims or rights based on any successor or transferee liability, all environmental claims, all change in control provisions, all rights to object or consent to the effectiveness of the transfer of the Purchased Assets to the Purchaser or to be excused from accepting performance by the Purchaser or performing for the benefit of the Purchaser under any Assumed Agreement and all rights at law or in equity (collectively, “Claims”) ? * *.
[Sale Order, 21-2, at 4.] And the definition of “claim” in § 101(5) the Bankruptcy Code (as referenced in the Sale Order) is also broad, such that it includes FCA and other fraud claims:
(A) right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured; or
(B) right to an equitable remedy for breach of performance if such breach gives rise to a right to payment, whether or not such right to an equitable remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed, undisputed, secured, or unsecured.
11 U.S.C.A. § 101(5). And the Sale Order makes clear that the “Assumed Liabilities” are the only liabilities (and claims) that passed from Old Chrysler to New Chrysler:
Except for the Assumed Liabilities expressly set forth in the Purchase Agreement or described therein or Claims against any Purchased Company, none of the Purchaser, its successors or assigns or any of their respective affiliates shall have any liability for any Claim that (a) arose prior to the Closing Date, (b) relates to the production of vehicles prior to the Closing Date or (c) otherwise is assertable against the Debtors or is related to the Purchased Assets prior to the Closing Date.
[Sale Order, 21-2, at 19.] Further (and somewhat redundantly) expanding on New Chrysler’s limited liability pursuant to the asset purchase, the Sale Order enjoins all legal and equitable actions in conflict with the terms of the Sale Order:
Effective upon the Closing * * * all persons and entities are forever prohibited and enjoined from commencing or continuing in any matter any action or other proceeding, whether in law or equity, in any judicial, administrative, arbitral or other proceeding against the Purchaser, its successors and assigns, or the Purchased Assets, with respect to any (a) Claim other than (i) Assumed Liabilities or (ii) Claims against any Purchased Company or (b) successor liability of the Purchaser for any of the Debtors, including, without limitation, the following actions with respect to clauses (a) and (b): * * * (v) commencing or continuing any action, in any manner or place, that does not comply, or is inconsistent with, the provision of this Sale Order or other orders of this Court, or the agreements or actions contemplated or taken in respect thereof * * *.
[Sale Order, 21-2, at 20.] Plaintiffs claims relate to fraudulent statements that Old Chrysler allegedly made to the government in 2004 and 2005 regarding the warranties of certain vehicles. Plaintiff does not allege that New Chrysler (which was created in 2009) made any fraudulent statements to the government or that New Chrysler designed, manufactured, or sold any of the subject vehicles. Thus, under the plain terms of the Sale Order, Plaintiff can only raise these claims against New Chrysler to the extent that New Chrysler assumed Old Chrysler’s liability for FCA claims — that is, if Plaintiffs FCA claims are “Assumed Liabilities.” An exhaustive list of Assumed Liabilities appears in § 2.08 of the MTA, none of which expressly mentions fraud or FCA claims. Nonetheless, Plaintiff points to §§ 2.08(g) and (h) as proof that New Chrysler assumed liability for FCA claims, which, as amended, read as follows:
(g) all Liabilities pursuant to product warranties (including extended services contracts purchased from one of the Debtors), product returns and rebates on vehicles sold by Sellers prior to the Closing;
(i) all Product Liability Claims arising from the sale after the Closing of Products or Inventory manufactured by Sellers or their Subsidiaries in whole or in part prior to the Closing and (ii) all Product Liability Claims arising from the sale on or prior to the Closing of motor vehicles or component parts, in each case manufactured by Sellers or their Subsidiaries and distributed and sold as a Chrysler, Jeep, or Dodge brand vehicle or MOPAR brand part, solely to the extent such Product Liability Claims (A) arise directly from motor vehicle accidents occurring on or after Closing, (B) are not barred by any statute of limitations, (C) are not claims including or related to any alleged exposure to any asbestos-containing material or any other Hazardous Material and (D) do not include any claim for exemplary or punitive damages.
In short, Plaintiff alleges that his FCA claims qualify as either breach-of-warranty claims (per § 2.08(g)) or product-liability claims (per § 2.08(h)) — or both. ' New Chrysler responds by noting that Plaintiff raises only FCA claims in his amended complaint and does not allege either a breach-of-warranty or a products-liability claim. To further distance Plaintiffs FCA claims from breach-of-warranty and products-liability claims, New Chrysler notes the total lack of overlap in the elements required to establish such claims. Compare United States ex rel Yannacopoulos v. Gen. Dynamics, 652 F.3d 818, 822 (7th Cir.2011) (listing FCA elements as “(1) that the defendant made a statement in order to receive money from the government; (2) that the statement was false; and (3) that the defendant knew the statement was false”), with Tayne v. Commonwealth Fin. Corp., 1990 WL 205951, at *1 (N.D.Ill. Nov. 28, 1990) (“In order to establish a breach of warranty under Illinois law, a plaintiff must show that the defendant breached an affirmation of fact or promise which was made as part of the bargain between the parties. In the context of a sale, the warranty must be one of the facts as they exist at the time of the sale, and it must induce reliance in the purchaser.” (citations omitted)) and Haddix v. Playtex Family Prods. Corp., 138 F.3d 681, 683 (7th Cir.1998) (“In order to state a cause of action for strict products liability in Illinois, the plaintiff must show that: 1) an injury resulted from the condition of the product; 2) the condition of the product was unreasonably dangerous; and 3) the condition existed at the time that the product left the manufacturer’s control.”) and Malen v. MTD Prods., Inc., 628 F.3d 296, 307 (7th Cir.2010) (“To establish [products liability] on a theory of negligent design, a plaintiff must show duty, breach, proximate cause, and damages”) and Show v. Ford Motor Co., 697 F.Supp.2d 975, 986 (N.D.Ill.2010) (“To prevail on a negligence claim, a products liability plaintiff must show that the manufacturer deviated from the standard of care [that] other similar manufacturers followed at the time or show that the manufacturer knew or should have known of the risk posed by the product design and failed to warn the plaintiff of its dangerous propensities.”). More to the point, however, is the fact that Plaintiff cannot raise breach-of-warranty or products-liability claims on behalf of the government under the FCA, see 31 U.S.C. § 3730(b), and Plaintiff makes no such claims individually. As such, Plaintiffs FCA claims cannot be construed as breach-of-warranty or products-liability claims.
That being said, while MTA § 2.08(h) transferred certain products liability claims to New Chrysler, MTA § 2.08(g) imputes to New Chrysler “all Liabilities pursuant to product' warranties,” id. (emphasis added), without limiting the provision just to breach-of-warranty claims. The question, then, is whether MTA § 2.08(g) can be read broadly such that liabilities stemming from allegedly fraudulent statements made to the government about product warranties can be construed as liabilities pursuant to product warranties. It cannot. Here, the liabilities at issue are “pursuant to” allegedly false statements made to the government, and are not “pursuant to” any product warranties. At best, the FCA claims are factually related to product warranties, but the liabilities themselves arise from Old Chrysler’s alleged conduct vis-a-vis the government, not its warranties, returns, or rebates. Fraud claims are a serious matter, especially to a sophisticated purchaser such as New Chrysler. Allowing a potentially high-stakes fraud claim to sneak into an Assumed Liabilities provision simply because the factual context of the allegedly fraudulent statement happens to align with, an actual assumed liability would create both a sizeable loophole for qui tam plaintiffs to seize upon and an unexpected and unwelcomed vulnerability for asset purchasers.
Bankruptcy Judge Bernstein came to the same conclusion in interpreting the exact same documents here, holding summarily that “New Chrysler did not assume any liabilities based on fraud or fraudulent practices.” In re Old Careo LLC, 2013 WL 1856330, at *5 (Bankr.S.D.N.Y. May 2, 2013) (citing Tatum v. Chrysler Group LLC, No. 11-09411 (Bankr.S.D.N.Y. Feb. 15, 2012) (ECF No. 73)). That court also interpreted the same MTA § 2.08(g) provision regarding New Chrysler’s assumed warranty liabilities, noting that “the only warranty-related obligations that New Chrysler assumed under MTA § 2.08(g) were the limited written warranties issued in connection with the vehicle pursuant to which the Debtors were obligated to ‘cover the cost of all parts and labor needed to repair any defective item on [a] truck supplied by [the Debtors] that is defective in material, workmanship or factory preparation.’ ” Id. at *3 (citing Tulacro v. Chrysler Group LLC, No. 11-09401(AJG), at 6 (Bankr.S.D.N.Y. Oct. 28, 2011) (ECF No. 18)). The court went on to note that “[t]hese obligations corresponded to the Factory Warranty, and were limited to the costs of parts and labor associated with the repair. New Chrysler did not assume any other warranty-related obligations except for (1) certain Lemon Law claims (under Sale Order ¶ 19) and (2) Product Liability Claims arising from accidents (under MTA § 2.08(h), as amended.” Id. (citing Tula-ero, at 6-7). This Court sees nothing that would warrant an inconsistent ruling here. Simply put, § 2.08(g) is not a gateway for fraud claims.
2. Successor liability
Under normal circumstances, “[sjuccessor liability applies to FCA cases.” United States ex rel. Geschrey v. Generations Healthcare, LLC, 922 F.Supp.2d 695, 709 (N.D.Ill.2012). The theory “allows lawsuits against even a genuinely distinct purchaser of a business if (1) the successor had notice of the claim before the acquisition; and (2) there was substantial continuity in the operation of the business before and after the sale.” Chi. Truck Drivers, Helpers & Warehouse Workers Union (Indep.) Pension Fund v. Tasemkin, Inc., 59 F.3d 48, 49 (7th Cir.1995) (noting that successor liability is an equitable doctrine that “provides an exception from the general rule that a purchaser of assets does not acquire a seller’s liabilities”); see also EEOC v. G-K-G, Inc., 39 F.3d 740, 747-48 (7th Cir.1994). Here, however, Plaintiff does not argue that New Chrysler is liable for Old Chrysler’s alleged FCA violations under a theory of successor liability. This is likely because the Sale Order expressly absolves New Chrysler of any and all successor liabilities:
The Purchaser shall not be deemed, as a result of any action taken in connection with the Purchase Agreement or any of the transactions or documents ancillary thereto or contemplated thereby or the acquisition of the Purchased Assets, to: (a) be a legal successor, or otherwise be deemed a successor to the Debtors (other than with respect to any obligations arising under the Assumed Agreements from and after the Closing); (b) have, de facto or otherwise, merged with or into the Debtors; or (c) be a mere continuation or substantial continuation of the Debtors or the enterprise of the Debtors. Without limiting the foregoing, the Purchaser shall not have any successor, derivative or vicarious liabilities of any kind or character for any Claims, including, but not limited to, on any theory of successor or transferee liability, de facto merger or continuity, environmental, labor and employment, products or antitrust liability, whether known or unknown as of the Closing, now existing or hereafter arising, asserted or unassert-ed, fixed or contingent, liquidated or un-liquidated.
[Sale Order, 21-2, ¶ 35.] Instead, Plaintiff argues only that New Chrysler is liable for Old Chrysler’s alleged FCA violations because FCA claims are not dischargeable in bankruptcy. Plaintiffs argument misses the mark.
To begin, Plaintiff is correct that FCA claims are not dischargeable in bankruptcy. See 11 U.S.C. § 1141(d)(6)(A). But the only means by which those liabilities would transfer to the § 363 asset purchaser (ie., New Chrysler) is though (a) express assumption or (b) successor liability. To the former, the Court already established that New Chrysler did not expressly assume any FCA liability under § 2.08 of the MTA. And to the latter, as just mentioned, New Chrysler is not a successor to Old Chrysler. [Sale Order, 21-2, ¶ 35.] As such, whether Plaintiffs FCA claims against Old Chrysler were discharged in bankruptcy is irrelevant here.
The elephant in the room is the notable distinction between a bankrupt entity that chooses to restructure and emerge under a traditional chapter 11 reorganization and an entity that elects an asset sale under § 363(f) of the Bankruptcy Code. Had Old Chrysler elected the former path, because the FCA claims (which arose prior to confirmation) cannot be discharged, Plaintiff would likely be entitled to proceed with his claims against the reorganized Old Chrysler today. However, because the bankruptcy court approved a § 363 sale of Old Chrysler’s assets free and clear of any successor claims or interests, Plaintiffs claims lie solely against a now-defunct, potentially-successorless entity. See, e.g., Gregory W. Werkheiser, Beware of the False Claims Act Claim: The Potential Case-Killer in Your Claims Register, A.B.I. Journal, Vol. XXIX, No. 4 (May 2010) (‘You. may be inclined to dismiss concerns about a corporation’s inability to discharge FCA debts on the basis that corporate debtors are increasingly foregoing a traditional chapter 11 reorganization in favor of sales free and clear of claims and interests under § 363(f) of the Code. It is true that nothing on the face of § 1141(d)(6) appears to directly diminish the effectiveness of an order authorizing a sale free and clear of claims and interests.”).
One way around this predicament is for the parties to expressly impute False Claims Act liability to § 363 purchasers. See, e.g., In re Haven Eldercare, LLC, 2012 WL 1357054, at *6 (Bankr.D.Conn.2012) (including a provision in a § 363 sale stating that “nothing in this Sale Order shall limit the federal government’s right to pursue or collect any claim for civil fraud under the False Claims Act”). But no such provision exists here. And absent any controlling guidance to the contrary, the Court is inclined to uphold the plain language of the Sale Order, absolving New Chrysler of successor liability for all claims not expressly assumed in the MTA, including Plaintiffs FCA claims.
B. Whether Plaintiff Plead Facts with Sufficient Particularity
New Chrysler also moves to dismiss Plaintiffs claims pursuant to Rule 12(b)(6), arguing that Plaintiff failed to plead its FCA claims with sufficient particularity as required by Rule 9(b). A motion to dismiss pursuant to Rule 12(b)(6) tests the sufficiency of the complaint, not the merits of the case. See Gibson v. City of Chicago, 910 F.2d 1510, 1520 (7th Cir.1990). To survive a Rule 12(b)(6) motion to dismiss, a complaint first must comply with Rule 8(a) by providing “a short and plain statement of the claim showing that the pleader is entitled to relief’ such that the defendant is given “fair notice of what the * * * claim is and the grounds upon which it rests.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957)). Second, the factual allegations in the complaint must be sufficient to raise the possibility of relief above the “speculative level,” assuming that all of the allegations in the complaint are true. E.E.O.C. v. Concentra Health Servs., Inc., 496 F.3d 773, 776 (7th Cir.2007) (quoting Twombly, 550 U.S. at 555, 127 S.Ct. 1955). The Court accepts as true all of the well-pleaded facts alleged by the plaintiff and all reasonable inferences that can be drawn therefrom. See Barnes v. Briley, 420 F.3d 673, 677 (7th Cir.2005).
In addition to meeting the Rule 8(a) requirements, claims brought under the FCA — an anti-fraud statute — are subject to the heightened pleading standard of Rule 9(b). United States ex rel. Gross v. AIDS Research Alliance-Chicago, 415 F.3d 601, 604 (7th Cir.2005). Rule 9(b) says that “[i]n alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake. Malice, intent, knowledge, and other conditions of a person’s mind may be alleged generally.” Fed.R.Civ.P. 9(b). “While the precise level of particularity required under Rule 9(b) depends upon the facts of the case, the pleading ‘ordinarily requires describing the who, what, when, where, and how of the fraud.’ ” Camasta v. Jos. A. Bank Clothiers, Inc., 761 F.3d 732, 737 (7th Cir.2014) (quoting AnchorBank, FSB v. Hofer, 649 F.3d 610, 615 (7th Cir.2011)).
Plaintiff argues for a relaxed reading of Rule 9(b), claiming that the purpose of the rule is simply to give the defendants sufficient notice to prepare a defense, such that providing a “general outline” of the fraud scheme is sufficient, especially where the relevant facts are within- the sole possession of the defendant. See, e.g., Corley v. Rosewood Care Ctr., Inc., 142 F.3d 1041, 1051 (7th Cir.1998) (“[T]he particularity requirement of Rule 9(b) must be relaxed where the plaintiff lacks access to all facts necessary to detail his claim * * *.”). But while the Seventh Circuit “has shied away from a rigid, formulaic approach to Rule 9(b),” Goldberg v. Rush Univ. Med. Ctr., 929 F.Supp.2d 807, 815 (N.D.Ill.2013), Rule 9(b)’s. particularity requirements should not be conflated with the liberal notice-pleading requirements under Rule 8. “The heightened pleading standard in fraud cases established by Rule 9(b) serves ‘three main purposes: (1) protecting a defendant’s reputation from harm; (2) minimizing ‘strike suits’ and ‘fishing expeditions’; and (3) providing notice of the claim to the adverse party.’ ” Id. (quotation omitted). This heightened standard “force[s] the plaintiff to do more than the usual investigation before filing his complaint.” Camasta, 761 F.3d at 737 (citation omitted); see also United States ex rel. Grenadyor v. Ukrainian Vill. Pharmacy, Inc., 772 F.3d 1102, 1105-06 (7th Cir.2014) (affirming the dismissal of fraud and FCA claims where the plaintiff failed to include “non-conclusory allegations,” and noting that “a public accusation of fraud can do great damage to a firm”); United States v. Thorek Hosp. & Med. Ctr., 2007 WL 2484333, at *8 (N.D.Ill. Aug. 29, 2007) (“The qui tarn relator must meet the normal standard of particularity required by Rule 9(b).”); United States v. Ortho-McNeil Pharm., 2007 WL 2091185, at *4 (N.D.Ill. July 20, 2007) (“If a relator cannot plead with particularity alleged violations of the FCA, he stands in no better position to assist the Government than any other citizen.”).
According to his amended complaint, Plaintiff seeks to hold New Chrysler liable for three separate FCA violations: (1) presenting false claims, (2) using false records, and (3) avoiding ' an obligation. Plaintiff presents these claims in six separate counts: three identical counts under both the pre- and post-2009 FCA amendments. But the 2009 amendments apply only to conduct occurring on or after May 20, 2009 (or, in the case of claims under new provision § 3729(a)(1)(B), which replaced and amended § 3729(a)(2), after June 7, 2008). See Fraud Enforcement and Recovery Act, Pub.L. 111-21, § 4(f); Yannacopoulos, 652 F.3d at 835 n. 16. Here, Plaintiff only refers to conduct that occurred in 2004 and 2005 (i.e., pre-amendment). While one could imagine (or infer) additional violative acts that might have occurred post-2009, this would be a large leap from the allegations in Plaintiffs amended complaint (i.e., not a reasonable inference), and it is not the Court’s duty to speculate. See Mason v. Medline Indus., Inc., 2009 WL 1438096, at *4 (N.D.I11. May 22, 2009) (finding that “speculative allegations fail to plead fraud with particularity”). .And in response to New Chrysler’s Rule 9(b) motion, Plaintiff echoed the allegations in his complaint by again focusing exclusively on Chrysler’s 2004-05 conduct, highlighting what is essentially the centerpiece of his complaint: “Chrysler fraudulently induced the Government into purchasing a Chrysler vehicle after the Government was advised that the vehicle would have a 7 year/70,000 mile powertrain warranty,” when in fact “these vehicles purchased by the United States did not come with a 7 year/70,000 mile powertrain warranty.” [24, at 8.] Thus, for purposes of this motion, the Court need not consider Counts I, III, and V of Plaintiffs amended complaint, which would come into play only in the face of post-amendment conduct. The Court will, proceed to assess the validity of Plaintiffs pleadings under pre-amendment 31 U.S.C. §§ 3729(a)(1), (a)(2), and (a)(7).
1. Presenting a false claim under 31 U.S.C. § 3729(a)(1)
For Count II, Plaintiff must plead with particularity that (1) the defendant presented, or caused to be presented, a claim of payment to the government, (2) the claim for payment was false, (3) the defendant knew it was false, and (4) the government sustained damage as a result. 31 U.S.C. §§ 3729(a)(1).
Because Plaintiff blanketly “repeats and realleges each and every allegation contained” in the body of his amended complaint into each of his counts, it is impossible for the Court to decipher exactly which factual allegations are intended to support each claim. As best as the Court can tell, the alleged false claims for payment at issue here are invoices for vehicle repairs that Chrysler presented to the government in which Chrysler falsely stated that certain parts and labor were not covered under the vehicles’ warranties, when in fact they were covered. Simply put, Chrysler charged the government for vehicle repairs that were actually under warranty.
While this is a facially cogent theory, Plaintiff fails to allege any instances where Chrysler submitted a false invoice to the government relating to repair work — all such allegations are speculative. But the real issue here is that this allegation, as pled, is more a recitation of damages based on the underlying fraudulent act. In other words, the operative fraudulent act was -lying to the government about a warranty, and the inability to reap the benefits of the purported warranty is the damage that stems from that act. In that light, the allegation is not an independent basis for an FCA claim.
Complicating the analysis is Plaintiffs shifting story as to whether Chrysler actually sold the government vehicles with a 7-year/70,000-mile warranty, or whether that was just a hollow inducement. Plaintiffs allegation is either (a) Chrysler did sell the government a 7-year/70,000-mile warranty, but failed to make good on the warranty, or (b) Chrysler purported to sell the government a 7-year/70,000-mile warranty, but actually sold Chrysler a lesser warranty. Plaintiffs complaint says both.. [Compare 12, ¶ 4(b),-with id, ¶ 23.] By far and large, Plaintiff states the latter in his amended complaint, and argues as much in his response to New Chrysler’s motion to dismiss [24, at 8 (“[T]hese vehicles purchased by the- United States did not come with a 7 year/70,000 mile powertrain warranty.”) ]. If Plaintiff believes the former scenario to be true (perhaps in addition to the latter scenario), then the fraudulent act would be Chrysler’s post-sale false statement that certain parts and labor were not covered under the vehicle’s warranty, when in fact they were covered. But as mentioned, Plaintiff did not reference any such transactions in his amended complaint, and thus has failed to state a claim under 31 U.S.C. § 3729(a)(1). If Plaintiff believes only the latter scenario to be true, then, as stated above, this claim is simply a recounting of the damages stemming from the underlying fraudulent sale.
2. Making a false statement under 31 U.S.C. § 3729(a)(2)
For'Count IV, Plaintiff must plead with particularity that (1) the defendant made, used, or caused to be made or used, a record or statement in order to receive money from the government, (2) the statement was false, (3) the defendant knew it was false, and (4) the government sustained damage as a result. 31 U.S.C. §§ 3729(a)(2).
This is the heart of Plaintiffs amended complaint. The false statements at issue here are alleged misrepresentations made by Chrysler to the government during the negotiations for the purchase of Chrysler vehicles regarding the vehicles’ warranties. As Plaintiff argues, “Chrysler fraudulently induced the Government into purchasing a Chrysler vehicle after the Government was advised that the vehicle would have a 7 year/70,000 mile powertrain warranty,” when in fact “these vehicles purchased by the United States did not come with a 7 year/70,000 mile powertrain warranty.” [24, at 8.] In response, New Chrysler argues that Plaintiff fails to plead his claim with sufficient particularity because he (1) does not allege that Chrysler ever made a false statement to the government, (2) does not allege that the false statements were made with knowledge of their falsity, (3) does not allege any specific transactions where the government was denied services under warranty, and (4) does not identify any transaction where the government paid money for repairs that should have been covered by warranty. For the most part, the Court agrees.
Before analyzing New Chrysler’s allegations, it is helpful to understand that the story that Plaintiff tells in his amended complaint is seemingly derived from a single data point: warranty information as it appears on a VIP Summary Report (which is, according to Plaintiff, a document that is generated when a Chrysler dealership or authorized service center enters a vehicle identification number into a Chrysler warranty and owner-information database). Plaintiff attaches 37 examples of these reports — and nothing else — to his amended complaint. [12, exs. 1-37.] In essence, Plaintiff says that the warranties as listed on the VIP Summary Reports differ from what Chrysler allegedly conveyed to the government in 2004 and 2005. Imbedded in that allegation is the core bit of speculation, which is that at some point in 2004 and 2005, some (or all?) Chrysler employees sold some (or all?) Chrysler vehicles to the government with a purported 7-year/70,000 — mile warranty. From there, Plaintiff continues to reverse-engineer his complaint by stacking additional inferences onto his core allegation — namely, that Chrysler (and potentially other repair shops) would have refused to honor the purported warranties, forcing the government to pay for repairs that should have been covered; that the government would lose money were it to sell any of these vehicles because the shorter warranty equates to a lesser value; and that Chrysler did all of this intentionally. But Plaintiff does not plead any facts to support these inferences; they are all based on speculation, derived from a single data source.
With that in mind, the Court reviews New Chrysler’s argument. As to New Chrysler’s first point; Plaintiffs only support for his contention that Chrysler did not provide a 7-year/70,000-mile warranty is the fact that the VIP Summary Reports list warranties for certain at-issue vehicles that are inferior to the allegedly advertised warranties. Plaintiff offers no allegations that Chrysler actually refused to provide the warranty as advertised, making Plaintiffs lawsuit somewhat of a fishing expedition. See, e.g., Mason, 2009 WL 1438096, at *2 (“In the context of alleged False Claims Act violations, plaintiffs must link specific allegations of fraud to claims for government payment.” (citing Garst v. Lockheed-Martin Corp., 328 F.3d 374, 378 (7th Cir.2003))). Similarly, just as Plaintiff fails to allege that Chrysler actually denied warranty coverage, Plaintiff likewise fails to allege the knowledge component of its prima facie case: that Chrysler knew that its purportedly advertised warranty would not be honored. Instead, Plaintiff says that Chrysler made the statements knowing that “dealerships would likely be advised * * * that th[ese] vehicle[s] did not have a 7 year/70,000 mile powertrain warranty.” [12, ¶ 30 (emphasis added).] As New Chrysler says, “Chrysler Group remains in the dark as to who made a false statement or purportedly refused the warranty service.” These shortcomings equate to a failure to meet Rule 9(b)’s particularity requirement.
Plaintiffs argument that all of the relevant facts are in the sole possession of Chrysler and/or the government is also unavailing. It is curious that Plaintiff was able to access 37 examples of an internal service document purportedly uncovering a scheme to defraud the government, and yet Plaintiff did not reference a single instance where the government actually paid for repair services that should have been covered under the vehicle’s stated warranty. While surely some, if not a majority, of the relevant documents are in the possession of others, Plaintiff must do more to transform his allegations from mere conjecture to reasonable inferences; Rule 9(b) requires Plaintiff to engage in enough investigative work such that his complaint does not read as an unjustified fishing expedition. Goldberg, 929 F.Supp.2d at 815; Camasta, 761 F.3d at 737.
In addition to New Chrysler’s objections, the Court also notes that under Rule 9(b), Plaintiff must state “the identity of the person making the misrepresentation, the time, place, and content of the misrepresentation, and the method by which the misrepresentation was communicated to the plaintiff.” Camasta, 761 F.3d at 737 (internal quotation marks omitted). Plaintiff alleges generally that in 2004 and 2005, Chrysler represented to the General Services Administration (“GSA”) that its vehicles had a 7-year/70,000-mile warranty. While Plaintiff need not state “the precise date, time, and location” of each allegedly fraudulent statement and “every word that was included” in it, id. Plaintiff offers only conclusory statements that “Chrysler conveyed to the GSA” that a vehicle had a specific warranty [see, e.g., 12, ¶ 35]. But such statements read more like reverse-engineered inferences constructed from the information found on VIP Summary Reports in Plaintiffs possession [12, exs. 1-37], without any other indicia of reliability. And again, Plaintiff cannot save his argument by claiming that all of the relevant facts are in the possession of others, for while the Seventh Circuit allows a plaintiff some flexibility in stating a claim under Rule 9(b), “a plaintiff alleging fraud ‘does not have unlimited leeway’ ” when it comes to pleading facts allegedly beyond the plaintiffs realm of knowledge. Camasta, 761 F.3d at 738 (quoting Pirelli Armstrong Tire Corp. Retiree Med. Benefits Trust v. Walgreen Co., 631 F.3d 436, 442 (7th Cir.2011)).
3. Avoiding an obligation under 31 U.S.C. § 3729(a)(7)
For Count VI, Plaintiff must plead with particularity that (1) the defendant made, used, or caused to be made or used a record or statement in order to conceal, avoid, or decrease an obligation to pay or transmit money or property to the government, (2) the statement was false, (3) the defendant knew it was false, and (4) the government sustained damage as a result. 31 U.S.C. §§ 3729(a)(7).
Again, as best as the Court can tell, the conduct at issue here is Chrysler’s alleged refusal to advise the government that certain parts and labor should be covered under certain warranties and concealing Chrysler’s obligation to perform repairs under warranty. Short of the con-clusory allegations in the introduction of Plaintiffs amended complaint [12, ¶ 4], Plaintiff does not allege any facts to establish such a claim, nor does Plaintiff make any attempt to resuscitate this claim in his response to New Chrysler’s motion to dismiss. As pled, this claim reads as yet another inference-based fishing expedition that lacks any substance beyond its initial curb appeal. There is simply too much speculation embedded in this claim to survive Rule 9(b)’s particularity requirement.
In conclusion, the Court agrees with New Chrysler that Plaintiff has failed to plead any of its FCA claims with sufficient particularity to satisfy the heightened pleading requirement of Rule 9(b). Accordingly, Plaintiffs claims are dismissed for this reason as well.
C. Right to Amend
Plaintiff argues that to the extent there are defects in his Amended Complaint, the appropriate remedy is to dismiss the complaint without prejudice to allow Plaintiff to amend his pleadings. Fed.R.Civ.P. 15(a)(2) (“The court should freely give leave [to amend] when justice so requires.”). Plaintiff cites to Bressner v. Ambroziak, 379 F.3d 478, 484 (7th Cir.2004) in support, but in that case, the Seventh Circuit affirmed a district court’s denial of a motion for leave to amend that was filed after the court dismissed plaintiffs complaint with prejudice. Here, while Plaintiffs request comes prior to any-ruling on the merits of his complaint and is thus technically still pre-judgment, his argument is not in the form of an ex ante motion for leave to amend (ie., the form in which it would be entitled to a liberal presumption in favor of the request to amend). Instead, Plaintiffs plea — subsumed within his response brief — is more of a last-ditch effort to string up a safety net, perhaps in reaction to New Chrysler’s motion.
Regardless, because at least one fault in Plaintiffs complaint is an issue that seemingly cannot be remedied by revision (ie., Plaintiff cannot rewrite the Sale Order or the MTA), the Court is highly skeptical that Plaintiff can overcome the above-mentioned shortcomings. That being said, just in case the Court has failed to appreciate some game-changing fact, the Court grants Plaintiff 60 days to file a second amended complaint, which must address and remedy all of the issues discussed in this opinion.
III. Conclusion
For the foregoing reasons, Defendant’s motion to dismiss [20] is granted without prejudice. Plaintiff has 60 days to file a second amended complaint, should he so choose. If Plaintiff does not file a second amended complaint within 60 days, the case will be dismissed with prejudice.
. The Court accepts as true the facts alleged in Plaintiffs amended complaint and makes all reasonable inferences in his favor. See, e.g., McReynolds v. Merrill Lynch & Co., 694 F.3d 873, 879 (7th Cir.2012).
. In re Old Careo LLC, 2013 WL 1856330, at *2 (Bankr.S.D.N.Y.2013).
. While the parties do not dispute that the bankruptcy court had the authority to approve Old Chrysler’s sale of assets to New Chrysler free and clear of all claims pursuant to § 363(f) of the Bankruptcy Code, that is an issue of some disagreement among courts. The plain language of 11 U.S.C. § 363(f) says only that a debtor may sell its property "free and clear of any interest in such property,” id. (emphasis added), without any mention of claims. A recent bankruptcy court opinion noted a circuit split oñ the issue, putting the Seventh Circuit among those that have held that § 363(f) does not provide a basis for selling property free and clear of successor liability claims. In re Gen. Motors Corp., 407 B.R. 463, 503 (Bankr.S.D.N.Y.2009) aff'd sub nom. In re Motors Liquidation Co., 428 B.R. 43 (S.D.N.Y.2010) and aff'd sub nom. In re Motors Liquidation Co., 430 B.R. 65 (S.D.N.Y.2010) (citing Precision Indus., Inc. v. Qualitech Steel SBQ, LLC, 327 F.3d 537, 544-45 (7th Cir.2003)). But Precision does not offer such a holding, and concludes only that “the term 'any interest’ as used in section 363(f) is sufficiently broad to include Precision’s pos-sessory interest as a lessee.” Id. at 545. The Precision court also noted that "the Code itself does not suggest that 'interest' should be understood in a special or narrow sense; on the contrary, the use of the term ‘any’ counsels in favor of a broad interpretation.” Id.', see also In re Elk Grove Vill. Petroleum, 510 B.R. 594, 603 (Bankr.N.D.Ill.2014) (citing cases from within this circuit that have found an 'interest' to include claims that flow from the ownership of property). Somewhat circularly, the Court is also persuaded by the reasoning in In re General Motors, which relies heavily on Judge Gonzalez’s rulings in the Chrysler bankruptcy, approving the § 363 sale at issue here. 407 B.R. at 504 (citing In re Chrysler LLC, 405 B.R. 84, 111 (Bankr.S.D.N.Y.2009) ("[/ ]n personam claims, including any potential state successor or transferee liability claims against New Chrysler, as well as in rem interests, are encompassed by section 363(f) and are therefore extinguished by the Sale Transaction.”)).
. Plaintiff also points to § 2.09(j) as another category of claims for which New Chrysler assumed liability that allegedly includes FCA claims. It includes “all Liabilities in strict liability, negligence, gross negligence or recklessness for acts or omissions arising prior to or ongoing at the Closing.” However, § 2.09 lists “Excluded Liabilities” that did not transfer to New Chrysler. While New Chrysler pounced on this sizeable misstep as proof that it did not assume FCA liability, the Court is not convinced that the FCA claims fall within § 2.09(j), see United States ex rel. Garst v. Lockheed-Martin Corp., 328 F.3d 374, 376 (7th Cir.2003) (noting that Rule 9(b) applies to FCA claims "because the False Claims Act condemns fraud but not negligent errors or omissions”), and thus Plaintiff's error is of no consequence here.
. To be clear, Plaintiff's successor-liability argument could be interpreted as a response to an issue that New Chrysler raised but did not argue. In New Chrysler’s motion to dismiss [20], it stated that “Chrysler Group LLC cannot be held responsible for liabilities of Daim-lerChrysler Corporation or Chrysler LLC * * * because any such claims were discharged in bankruptcy.” In light of that statement, Plaintiff is correct in stating that FCA claims are not dischargeable in bankruptcy. However, in its memorandum in support of its motion for summary judgment, New Chrysler shifts gears, arguing instead that the FCA claims are barred by the bankruptcy court’s Sale Order, which provided that New Chrysler could not be held liable under any theory of successor liability as a result of the sale. Thus, the Court is uncertain as to whether Plaintiff's argument is a response to a red herring or an independently endorsed argument.
. The FCA imposes liability against any person who "knowingly presents, or causes to be presented, to an officer or employee of the United States Government * * * a false or fraudulent claim for payment or approval.” ' 31 U.S.C. §§ 3729(a)(1).
. The FCA imposes liability against any person who "knowingly makes, uses, or causes to be made or used, a false record or statement to get a false or fraudulent claim paid or approved by the Government.” 31 U.S.C. §§ 3729(a)(2).
. The FCA imposes liability against any person who "knowingly makes, uses, or causes to be made or used, a false record or statement to conceal, avoid, or decrease and obligation to pay or transmit money or property go the Government.” 31 U.S.C. §§ 3729(a)(7).
.See 31 U.S.C. § 3731(d) ("In any action brought under section 3730, the United States shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.”); United States v. Frierson, 1997 WL 1362-40, at *8 (N.D.Ill. Mar. 19, 1997) (listing damages as the fourth element to an FCA claim); accord Graham Cty. Soil & Water Conservation Dist. v. United States ex rel. Wilson, 545 U.S. 409, 417-18, 125 S.Ct. 2444, 162 L.Ed.2d 390 (2005) (confirming that § 3731(d) applies to actions brought under §§ 3730(a)-(b)).
. New Chrysler also argues that Plaintiff fails to meet Rule 8 standards because Chrysler Group did not exist in 2004 and 2005, and thus couldn’t have made any fraudulent statements to the government. But Plaintiff refers generally to Chrysler and its agents, and viewed in the light most favorable to Plaintiff, it is clear that Plaintiff is suing New Chrysler as the purported successor of Old Chrysler. And the Court has already addressed the issue of whether Plaintiff can state a claim against New Chrysler as a successor of Old Chrysler, making any additional analysis of that argument unnecessary.
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CASELAW
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Robert Kirkman
Robert Kirkman (born November 30, 1978) is an American comic book writer, screenwriter, and producer. He is best known for co-creating The Walking Dead, Fear the Walking Dead, Invincible, Tech Jacket, Outcast, Oblivion Song, and Fire Power for Image Comics, in addition to writing Ultimate X-Men, Irredeemable Ant-Man and Marvel Zombies for Marvel Comics. He has also collaborated with Image Comics co-founder Todd McFarlane on the series Haunt.
He is one of the five partners of Image Comics currently serving as COO, and the only one of the five who was not one of its co-founders.
In 2010, Kirkman co-founded the entertainment company Skybound Entertainment in order to develop properties in traditional and new media, including comics, television, and film. The company also manages the license for The Walking Dead and Invincible. In 2018, Skybound expanded to create Skybound Games to develop video games based on its intellectual property.
Kirkman is also known for creating and producing the television series' Outcast and Invincible, both adaptations of his own comic book series. He has also written a number of episodes for The Walking Dead and Fear the Walking Dead. He is executive producer of the AMC series Robert Kirkman's Secret History of Comics, and the Korean pre-apocalyptic drama, Five Year.
Early life
Kirkman was born November 30, 1978, in Lexington, Kentucky, and was raised in Cynthiana, Kentucky.
Kirkman was a fan of zombie films such as the Night of the Living Dead series and Zombi 2 as well as zombie video games such as Resident Evil.
Career
His first comic book work was the 2000 superhero parody Battle Pope, which he co-created with artist Tony Moore, self-published under the Funk-O-Tron label, and was adapted into a season of 8 animated webisodes that appeared on Spike TV's website in 2008. Later, while pitching a new series, Science Dog, Kirkman and artist Cory Walker were hired to do a SuperPatriot miniseries for Image Comics. While working on that book, Kirkman and E. J. Su created the 2002 Image series Tech Jacket, which ran six issues, and the one-shot title, Cloudfall.
In 2003, Kirkman and Walker created Invincible for Image's new superhero line. The story surrounded the adolescent son of the world's most powerful superhero, who develops powers and starts his own superhero career. Walker later failed to meet the monthly title's deadlines and was replaced by Ryan Ottley. In 2005, Paramount Pictures announced it had bought the rights to produce an Invincible feature film, and hired Kirkman to write the screenplay. However, due to a lack of significant development, the rights expired and reverted to Kirkman.
Shortly after the launch of Invincible, Kirkman and Moore began The Walking Dead (2003). Kirkman said in 2012 that Image had balked at publishing a comics series featuring what it felt was simply another zombie story, prompting him to say the zombies were part of an alien plot—a notion he had no intention of using except as a means of selling the project. Artist Charlie Adlard replaced Tony Moore with issue #7. Moore continued to draw covers until issue 24 as well as the first four volumes of the trade paperbacks for the series.
In 2003, Kirkman was hired by Marvel Comics to pen a revival of the 1990s Sleepwalker series, but it was canceled before being published; the contents of its first issue were included in Epic Anthology No. 1 (2004). He soon became a mainstay at Marvel, writing the "Avengers Disassembled" issues of Captain America vol. 4, 2004's Marvel Knights 2099 one-shots event, Jubilee #1–6 and Fantastic Four: Foes #1–6, a two-year run on Ultimate X-Men and the entire Marvel Team-Up vol. 3 and the Irredeemable Ant-Man miniseries. He continued his exploration of zombies by creating the series Marvel Zombies, in which an alternative Marvel universe's superheroes become zombies.
At Image, Kirkman and artist Jason Howard created the ongoing series The Astounding Wolf-Man, launching it on May 5, 2007, as part of Free Comic Book Day. Kirkman edited the monthly series Brit, based on the character he created for the series of one-shots, illustrated by Moore and Cliff Rathburn. It ran 12 issues.
Kirkman announced in 2007 that he and artist Rob Liefeld would team on a revival of Killraven for Marvel Comics. Kirkman that year also said he and Todd McFarlane would collaborate on Haunt for Image Comics.
In late July 2008, Kirkman was made a partner at Image Comics, thereby ending his freelance association with Marvel. Nonetheless, later in 2009, he and Walker produced the five-issue miniseries The Destroyer vol. 4 for Marvel's MAX imprint.
In 2009, Kirkman and Marc Silvestri took over the 2009–2010 Pilot Season for Top Cow Comics. The 2009/2010 Pilot Season contains a series of five one-shot pilot comics that readers will be able to vote on which becomes an ongoing series. Each series is co-created by Silvestri who also provides cover art.
In 2010, he also began producing the television adaption of his comic book series The Walking Dead, the pilot of which was directed by Frank Darabont. Kirkman has written or co-written seven episodes of the series. Kirkman also created and serves as an executive producer on the show's companion series, Fear the Walking Dead.
In July 2010, Kirkman announced he would launch and run a new Image Comics imprint called Skybound Entertainment.
On February 9, 2012, Tony Moore filed a lawsuit alleging that Kirkman, in 2005, had deceitfully engineered him into surrendering his rights to The Walking Dead comic book and eventual TV series in exchange for payments that never materialized. Kirkman said in a statement the following day that he and Moore "each had legal representation seven years ago and now he is violating the same contract he initiated and approved and he wants to misrepresent the fees he was paid and continues to be paid for the work he was hired to do." Kirkman in turn sued Moore. On September 24, 2012, the two released a joint statement saying they had reached a settlement "to everyone's mutual satisfaction."
Kirkman made an appearance in a 2012 episode of Adult Swim's Robot Chicken as himself where he tries to tell The Nerd and Daniel a hint, but gets eaten by the zombies.
In November 2013, Cinemax purchased a TV pilot based on Kirkman and artist Paul Azaceta's then-upcoming six-issue exorcism comics miniseries, Outcast. The first issue of the comic was released in June 2014 to positive reviews.
Kirkman was a producer of the science fiction thriller Air, which starred The Walking Dead's Norman Reedus, and Djimon Hounsou. The movie was released in 2015. It was the first feature film to be produced by Skybound Entertainment.
Kirkman's latest television project known as Five Year will be a joint venture between Skybound and Viki.com. It will be filmed for TV in Korea and available everywhere on Viki.com. The pre-apocalyptic story centres on a family dealing with an impending meteor strike. It was picked up for an initial 1 season run of 16 episodes with a plan for 5 seasons. Filming begins in late 2016.
Around November 7, 2016, Kirkman's production company Skybound Entertainment was set to produce a remake of the film An American Werewolf in London. The remake was to be written and directed by Max Landis, son of the original director John Landis. Kirkman and David Alpert would be executive producers on the film. However, after the sexual misconduct allegations against Landis, it is currently unknown if it is still happening.
On April 4, 2017, it was announced that Seth Rogen and Evan Goldberg would direct/write/produce a live-action adaptation of Invincible for Universal Pictures, with Kirkman also serving as a producer on the project. In 2021, Kirkman reaffirmed that the project was still in the works.
In 2018, it was announced that Amazon Prime Video had given a series order for an animated adaptation of Invincible for a first season consisting of eight episodes. Simon Racioppa serves as showrunner for the series and also serves as executive producer alongside Kirkman, David Alpert, Catherine Winder, Seth Rogen, and Evan Goldberg. The series stars Steven Yeun, J. K. Simmons, Sandra Oh, Mark Hamill, Seth Rogen, Gillian Jacobs, Andrew Rannells, Zazie Beetz, Walton Goggins, Jason Mantzoukas, Zachary Quinto, Khary Payton, Chris Diamantopoulos, Malese Jow, Kevin Michael Richardson, and Grey Griffin. In April 2021, the series was renewed for a second and third season.
Kirkman pitched the story for Renfield, a horror-comedy about Count Dracula's henchman Renfield. The film was announced by Universal Pictures in November 2019. It is directed by Chris McKay and stars Nicholas Hoult and Nicolas Cage as Renfield and Dracula, respectively.
In February 2023, it was announced that Kirkman would reunite with Lorenzo De Felici to launch Void Rivals, a new series that would kick-off a new shared comic universe. In June 2023, it was later revealed that the book would launch the Energon Universe and that Kirkman's production company, Skybound, would publish comics based on Transformers and G.I. Joe.
Personal life
Kirkman and his wife live in Kentucky. Their son was born on April 25, 2006.
Accolades
In 2012, he received a special Innovator Award at the Saturn Awards for his work adapting his comic books to the screen as well as serving as executive producer of The Walking Dead.
"The Walking Dead" garnered nominations for Best New Series and Best Television Series Drama at the Writers Guild of America Awards 2011 and the 68th Golden Globe Awards. Not stopping at nominations, the show clinched prestigious honors including Television Program of the Year by the American Film Institute in 2010 and 2012, along with IGN's Best Horror Series in 2012 and 2016. Additionally, it secured two Emmy Awards for Outstanding Prosthetic Makeup in 2011 and 2012.
In 2020, he was granted a special award ("Fauve d'honneur") at the Angoulême International Comics Festival for his overall achievement.
The Walking Dead
Kirkman has written a number of The Walking Dead TV episodes.
* 1.04 – "Vatos"
* 2.01 – "What Lies Ahead" (co-written with Ardeth Bey)
* 2.13 – "Beside the Dying Fire" (co-written with Glen Mazzara)
* 3.08 – "Made to Suffer"
* 4.03 – "Isolation"
* 4.09 – "After"
* 5.02 – "Strangers"
Fear the Walking Dead
Fear the Walking Dead is a companion series to The Walking Dead, set in Los Angeles, California and starting prior to the apocalypse. Robert Kirkman is co-creator of the series alongside Dave Erickson. He is also an executive producer and has co-written episodes of the series.
* 1.01 – "Pilot" (co-written with Dave Erickson)
* 1.06 – "The Good Man" (co-written with Dave Erickson)
Outcast
Outcast is a horror series based on the comic series of the same name on Cinemax.
* 1.01 – "A Darkness Surrounds Him"
* 1.04 – "A Wrath Unseen"
Invincible
Invincible is an animated adaptation of the comic series of the same name on Amazon Prime Video. Kirkman, in addition to serving as creator and executive producer, wrote the series premiere, the season one and two finales, as well as the special episode Invincible: Atom Eve.
* 1.01 – "It's About Time"
* 1.08 – "Where I Really Come From"
* Special – "Invincible: Atom Eve" (co-written with Helen Leigh)
* 2.08 – "I Thought You Were Stronger"
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WIKI
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Talk:List of regiments of the Russian Air Force
Sandbox
176 иап никогда в СибВО не был - в 1992 г. он из Грузии был выведен в ПриВО (Саратовская область, н.п. Багай-Барановка) From V.I. Feskov June 2008. Buckshot06(prof) 02:07, 9 June 2008 (UTC)
Comments
This looks very good. The only suggestion I'd make is that the abreviations of the air divisions and corps should be explained for readers (like me) who don't know or can't remember what PVO and SAD are short for. If it would help, I've got access to all issues of Janes World Air Forces, which seems to be pretty reliable (though it's not always up to date...). Nick Dowling (talk) 00:37, 8 June 2008 (UTC)
* Great. I've only got on hand issues 0 and 15, so I might get you to look into some issues at some point. Buckshot06(prof) 00:55, 8 June 2008 (UTC)
Army aviation
Should we include in this list of regiments the army aviation components (helicopter regiments)? --Eurocopter (talk) 08:40, 17 June 2008 (UTC)
* I don't see why not, but initially, because they're army aviation, I think they should be in a separate table. Just do another table underneath for them. Buckshot06(prof) 09:21, 17 June 2008 (UTC)
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WIKI
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SharePoint Framework - Handle Web Part Property Changes
SharePoint web parts from its existence (since Classic SharePoint era) support properties. They are generally referred to as web part properties, which allow configuring the web part behavior based on the value specified. We are gradually moving towards Modern SharePoint. SharePoint Framework (SPFx) based web parts are also supporting web part properties. As Modern SharePoint is based on HTML and JavaScript.
Overview
SharePoint web parts, since the Classic SharePoint era, have supported properties. They are generally referred to as web part properties which allow configuring the web part behavior based on the value specified. We are gradually moving towards Modern SharePoint. The SharePoint Framework (SPFx) based web parts do also support web part properties. As the modern SharePoint is based on HTML and JavaScript, it offers more flexibility to control the behavior of the SharePoint Framework client web parts. Please refer to my previous article to get started with property panes in SharePoint Framework.
In this article, we will explore how we can handle the property changes in SharePoint Framework client web parts.
Develop SharePoint Framework Web Part
Open the command prompt. Create a directory for SPFx solution.
1. md spfx-handle-property-changes
Navigate to the above-created directory.
1. cd spfx-handle-property-changes
Run Yeoman SharePoint Generator to create the solution.
1. yo @microsoft/sharepoint
Yeoman generator will present you with the wizard by asking questions about the solution to be created.
SharePoint Framework - Handle Web Part Property Changes
Solution Name: Hit Enter to have a default name (spfx-handle-property-changes in this case) or type in any other name for your solution.
Selected choice: Hit Enter
Target for the component: Here, we can select the target environment where we are planning to deploy the client webpart, i.e., SharePoint Online or SharePoint OnPremise (SharePoint 2016 onwards).
Selected choice: SharePoint Online only (latest)
Place of files: We may choose to use the same folder or create a subfolder for our solution.
Selected choice: Same folder
Deployment option: Selecting Y will allow the app to be deployed instantly to all the sites and to be accessible everywhere.
Selected choice: N (install on each site explicitly)
Type of client-side component to create: We can choose to create client-side webpart or an extension. Choose a webpart option.
Selected choice: WebPart
Web part name: Hit enter to select the default name or type in any other name.
Selected choice: HandlePropertyPaneChanges
Web part description: Hit enter to select the default description or type in any other value.
Selected choice: Handle property pane changes in SPFx
Framework to use: Select any JavaScript framework to develop the component. Available choices are (No JavaScript Framework, React, and Knockout)
Selected choice: No JavaScript Framework
Yeoman generator will perform a scaffolding process to generate the solution. The scaffolding process will take a significant amount of time.
Once the scaffolding process is completed, lock down the version of project dependencies by running the below command.
1. npm shrinkwrap
In the Command Prompt, type the below command to open the solution in a code editor of your choice.
1. code .
Run the SPFx WebPart
1. On the command prompt, type “gulp serve”.
2. Open SharePoint site.
3. Navigate to /_layouts/15/workbench.aspx.
4. Add the webpart to the page.
SharePoint Framework - Handle Web Part Property Changes
5. Edit the web part and update the description property
SharePoint Framework - Handle Web Part Property Changes
You will notice that, as we type in the values for the description, it is getting reflected right away in the web part. For a Hello World kind of webpart, it is fine. However, we do not always want to fire events on each key down and update the webpart. This situation can be handled by some tweak in webpart.
Handle the web part property changes
Property pane has two interaction modes,
• Reactive: When property field is modified, a change event is triggered and it updates the webpart with new values
• Non-reactive: It updates web part with new values only after user confirmation by clicking Apply button from property pane.
Code the WebPart
Open our web part class - HandlePropertyChangesWebPart.ts under “\src\webparts\handlePropertyChanges\” folder.
Add the below method,
1. protected get disableReactivePropertyChanges(): boolean {
2. return true;
3. }
While the “gulp server” is running refresh the page and edit the webpart. The changes to property fields are now non-reactive and the user has to click the Apply button to see the changes reflected in the web part.
SharePoint Framework - Handle Web Part Property Changes
Summary
While the reactive mode is spontaneous to reflect the web part property changes, in some cases, we need to have a non-reactive mode to allow the user to select the values for property fields and confirm the changes. Having disableReactivePropertyChanges implemented in SPFx web part will allow controlling this behavior.
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ESSENTIALAI-STEM
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South Texas Pro Championships
The South Texas Pro Championships or officially the South Texas Professional Championships was a men's and women's professional tennis tournament founded in 1968. It was first played on outdoor hard courts at the HEB Tennis Center, Corpus Christi, Texas, United States. The event ran for TWO editions and was usually staged in October, before moving to February annually until 1970.
History
The South Texas Pro Championships was a men's and women's professional tennis tournament founded in 1968. It was played at the HEB Tennis Center, Corpus Christi, Texas, United States. The inaugural edition of the event was part of the National Tennis League and was branded as the NTL South Texas Championships. The event was not held in 1969. In 1970 the event became part of the WCT Circuit and was branded as the WCT South Texas Professional Championships (Corpus Christi). The 1968 edition was held in October that year, and in 1970 its scheduling was changed to February that year.
Men's singles
(incomplete roll)
Event tour names
* NTL South Texas Pro Championships (1968)
* WCT South Texas Professional Championships (1970)
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WIKI
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Page:Sylvester Sound the Somnambulist (1844).djvu/176
Conceiving that robbery was contemplated, and knowing that promotion sprang not from prevention but cure, he was silent, and moved cautiously into the shade of a doorway to watch the proceedings above.
He had not, however, been long in this position when his serjeant approached.
"Hist!" said Ninety-nine, as the serjeant was passing.
"Who are you?"
"Ninety-nine."
"What are you up to?"
"Here!"
The serjeant joined him in the shade.
"Do you see that fellow there?" continued Ninety-nine.
"Good God!" exclaimed the serjeant. "Is it possible! Why, the slightest slip—a single moment's dizziness—would bring him to the ground, and dash his brains out."
"A robbery, safe," said Ninety-nine.
"A robbery: nonsense," returned the serjeant, who panted with apprehension. "He'll fall!—he'll fall presently—certain to fall!"
"Not a bit of it," coolly observed Ninety-nine. "He's as safe as the bank. He's been running about in that way for a long time."
"I never saw a man in so perilous a position. What can he be up to?"
"He appears to me to be moving goods from one house to another."
"But I can see nothing in his hands."
"Nor can I," said Ninety-nine; "but he keeps on running backwards and forwards, stooping here and stooping there, as if he had. But there's more than him in it. He beckoned just now to his pals."
"Did you see them?"
"No, I couldn't see 'em. They keep in the background, but I know they're somewhere there."
"There he goes again!" cried the serjeant. "My life! what a devil. He's surely not after the cats?"
"Cat's!" said Ninety-nine. "What man on the top of a house can catch cats?"
"He may snare them!"
"Snare 'em, he may. But I see no cats! he's after no cats.
"Did you see where he came from?"
"Not exactly; but I think, from one of those houses down there."
"Here he comes," said the serjeant; "now watch him. He appears to have done his work. See how cool he is!—see how deliberately—how firmly he walks.—Now! He has stopped! Do you see him looking in at that window? It's opened for him. He enters. He's in. Now my boy, if plunder be your object, you're booked."
"That's safe to be his object," said Ninety-nine.
"I don't know," said the serjeant. "I think he's after one of the
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Rufous-faced antpitta
The rufous-faced antpitta (Grallaria erythrotis) is a species of bird in the family Grallariidae. It is endemic to Bolivia.
This antpitta has dark olivaceous-gray to olivaceous-brown upperparts and tail. Its lores, face, and side of the neck are orange rufous. The throat and belly are white, with the breast orange rufous with faint white streaking. It measures 18.5 cm long and weighs 61.2 g.
Its natural habitats are subtropical or tropical moist montane forest and heavily degraded former forest.
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Access count of this item: 283
Files in This Item:
File Description SizeFormat
34_1543.pdf326.24 kBAdobe PDFView/Open
Title: 尿路結石再発に関する臨床的検討 (4)尿中結晶と尿路結石再発について
Other Titles: Clinical studies of the recurrence of urolithiasis (4). Crystal formation in urine and stone recurrence
Authors: 村山, 鉄郎 KAKEN_name
田口, 裕功 KAKEN_name
Author's alias: MURAYAMA, Tetsuo
TAGUCHI, Hirokazu
Keywords: Crystal formation in urine
Risk of stone formation.
Issue Date: Sep-1988
Publisher: 泌尿器科紀要刊行会
Journal title: 泌尿器科紀要
Volume: 34
Issue: 9
Start page: 1543
End page: 1547
Abstract: 尿路結石238例と同数の非結石対照例を対象とした.早朝尿中に存在する結晶の大部分は蓚酸Ca結晶であり,その出現頻度は結石症例と非結石症例で差はみられず,結石構成物質の尿中排泄と蓚酸Ca結晶の出現の間にも明らかな関係は認められなかった.結石症例の尿中蓚酸Ca結晶は非結石症例より有意に低い尿比重で発生し,再発性または両側性結石症例では片側初発性結石症例よりも尿中蓚酸Ca結晶の出現頻度が有意に高かった.以上より,尿中蓚酸Ca結晶の発生とその尿比重を観察することは結石再発の危険を予測する上で簡便かつ有用な臨床検査である
Relationship between stone formation and crystal formation in urine was studied. Crystals in the sediments of early morning urine in 238 stone formers and the same numbers of non-stone formers were examined by light microscopy. Almost all crystals found in the early morning urine were composed of calcium oxalate both in stone formers and in non-stone formers. The frequency of calcium oxalate crystal formation was slightly higher in stone formers than in non-stone formers, but, no significant difference was noted. On the other hand, the urine containing calcium oxalate crystals of the stone formers had significantly lower specific gravity than that of the non-stone formers. Calcium oxalate crystals in the urine were formed significantly more frequently in the recurrent or bilateral male stone formers than in male unilateral stone formers without previous stone history. Frequency of calcium oxalate crystal formation was not influenced by urinary excretion of calcium, oxalate, uric acid, phosphate and magnesium. These finding led us to the conclusion that it was clinically useful to measure urinary specific gravity in which calcium oxalate crystals were formed in predicting the risk of stone formation.
URI: http://hdl.handle.net/2433/119715
PubMed ID: 3213790
Appears in Collections:Vol.34 No.9
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ESSENTIALAI-STEM
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Claude Frikart
Claude Henri Édouard Frikart (5 March 1922 – 18 December 2014) was a French Prelate of Roman Catholic Church, and member of the Congregation of Jesus and Mary (Eudists, C.I.M.). He was also author of L'Eglise: 15 questions sur son histoire (2003) answering difficult questions.
Frikart was born in Ermont, France and ordained a priest on 2 July 1948 from the religious order of Congregation of Jesus and Mary. Frikart was appointed auxiliary archbishop to the Paris Archdiocese on 21 June 1986 as well as the titular bishop of Summula and ordained bishop on 2 September 1961. Frikart retired on 2 September 1997 as auxiliary archbishop.
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WIKI
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Talk:Final Fantasy IV Official Soundtrack
It seems to me that this article might as well be redirected to the Final Fantasy IV: Original Sound Version article. This one feels like a stub compared to the other one, and they both have the same info.
If you compare the track list and notice some differences, those are also explained in the other article.
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WIKI
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Series and Parallel Connection
MAKING THE CONNECTION
• Utilize an Insulated wrench and do not over Torque any screw connectors
• Connect the positive red wires to the positive (+) red terminals on the battery and connect the negative (-) black wires to the black terminals.
• If of the terminal, and the washer is placed on top of the wire connection. Do not place washer between the battery terminal and the battery wire, which creates high resistance and can cause terminal meltdown. It is important that fasteners be tightened to the appropriate torque for each terminal type.
• Table values are for cable lengths less than 6 feet (1829 mm). In series/parallel battery banks, it is preferable for all series cables to be the same length, and all parallel cables to be the same length. (See TABLE 1, PAGE 6)
Be sure to turn off all electrical components before wiring.
NOTICE: BATTERY PROTECTION CIRCUIT AND “SLEEP” MODE
Your Ionic battery has a protection circuit that will attempt to put the battery in “sleep mode” if you have a short circuit, over/under voltage situation, have reversed the polarity or you pulled too much current(overload). The Battery Management System(BMS) may not be able to protect the battery from damage in all circumstances. Assuming the Battery Management System(BMS) was successful in protecting the battery and it was not damaged, you may need to “wake” up the battery. You can trigger the BMS to wake up the battery buy trying the following:
1. You could try using a different power supply(charger), some are better at triggering a wake-up.
2. Apply a small load like a low power light or appliance.
3. Put the battery in parallel with a second battery. Positive post to positive post, negative post to negative post.
SERIES OR PARALLEL CONNECTIONS
Applications often demand more voltage or ampere capacity than the capacity of one battery. By connecting multiple batteries in series, parallel or series parallel configurations, you are able to increase the output voltage or battery bank amperage as needed. To increase voltage, batteries are connected in series. Capacity of the battery bank remains the same as voltage increases.To increase the available amount of current and capacity, batteries are connected in parallel. In this situation it is best to use lower voltage, higher capacity cells to minimize the amount of parallel strings. Select Ionic Batteries are capable of Series connections.
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Efficiency and Loss Evaluation of Large Power Transformers
All power transformers have very high energy efficiency—the largest are probably the most efficient machines ever devised. However, there is still scope for improvement. Any improvement in the performance of large transformers offers the potential of genuine economic benefits because their throughput and their continuous duty mean that the energy they waste is likewise enormous.
This Application Note discusses the nature of power transformer losses and evaluates those losses from an economic and ecological point of view. There is no general rule on how to design a power transformer for minimum life cycle cost. It has to be approached case by case, based on an estimate of the load profile. This Application Note also tackles the question whether an over-sized transformer is always an energy efficient transformer, and it contains a chapter on the choice of the conductor material.
Log in to post comments
Highlights
• A small energy efficiency gain can result in large energy and cost savings in power transformers because of their large throughput and continuous duty.
• Designing a power transformer for minimum LCC should be approached case by case, based on an estimate of the load profile.
• Simply over-rating the transformer will almost always lead to user benefits.
• Copper is the ideal material for the magnet wires because it has superior electrical conductivity, along with other technological advantages.
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ESSENTIALAI-STEM
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Wikipedia:Miscellany for deletion/Wikipedia:WikiProject Deletion Deleters
The result of the discussion was redirect to Article Rescue Squadron - Nabla (talk) 23:28, 24 March 2009 (UTC)
WikiProject Deletion Deleters
Appears to be an inactive group that never really did anything. In any case, ignoring the nondescript title, this is redundant in practically every way to the Article Rescue Squadron. The members of this project are free to join the ARS at their own discretion. — sephiroth bcr ( converse ) 21:43, 17 March 2009 (UTC)
* Delete inactive project, little work has been organized here. Somewhat dead. Why create another project when there are already similar projects out there. Marlith (Talk) 23:07, 17 March 2009 (UTC)
* Redirect to Article Rescue Squadron. Has a non-trivial history and several contributors. Has a couple of dozen incoming links. --SmokeyJoe (talk) 10:36, 18 March 2009 (UTC)
* Redirect to Article Rescue Squadron per SmokeyJoe. - Mgm|(talk) 11:13, 18 March 2009 (UTC)
* Redirect (and keep) to WP:ARS. The last and recent effort on this page was performed by a banned sockpuppet, but the earlier history could be kept to some benefit. Graeme Bartlett (talk) 21:01, 18 March 2009 (UTC)
* Redirect to WP:ARS as the concept of the groups are similar. Math Cool 10 Sign here! 03:58, 22 March 2009 (UTC)
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User:AhhLaa
BORN ON NOVEMBER 14TH 1990, IN THE CENTRAL DISTRICT OF SEATTLE WASHINGTON. AhhLaa! GREW UP WITH A PASSION FOR THE ART ENTERAINMENT, AND MAKING EVERYONE FOLLOW & WORSHIP HIM. ALTHOUGH HE HAS NO AFFILATION WITH ALLAH (THE HIGHER POWER) HE HAS THE SAME EFFECT. PEOPLE LOVE TO HEAR HIM THROW DOWN.
* CHECK HIM OUT ON MYSPACE, TWITTER, FACEBOOK AND AT YOUR LOCAL MUSIC STORES!!!!!!
* YOU MAY ALSO KNOW HIM AS J-1.O OR AS PHUNKY PHRESH.
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SiFive's Chris Lattner says the future of Swift is machine learning
This story is available exclusively on Business Insider Prime.
Join BI Prime and start reading now.
Chris Lattner, the senior vice president of platform engineering at SiFive, started building the programming language Swift in 2010 when he still worked at Apple, and it's now used by companies like Lyft, Uber, Airbnb, and Square.Lattner said it was still too early to say if he would work with Swift at SiFive, but he is still involved in the Swift community.He says the future of Swift is in data science and machine learning.Visit Business Insider's homepage for more stories.
When former Apple engineer Chris Lattner first started building the iOS programming language in 2010, it was just a nights-and-weekends side project.Since its launch in 2014, Swift has quickly become the top language for building new iOS apps, and it's used by companies like Lyft, Uber, Airbnb, Square, and Apple itself. Lattner said when he first started building Swift, he didn't expect it to be adopted as quickly as it did. At the time — when it was still just a hobby project — he just wanted to learn and see what could be done. Since leaving Apple, Lattner has held stints at Tesla and Google. Recently he joined the artificial-intelligence-chip startup SiFive as its senior vice president of platform engineering. Lattner said it was still too early to say whether he would work with Swift at SiFive, but he maintains connections with the core team that maintains Swift and is still involved in the community."Swift is not just me," Lattner told Business Insider. "I started it and managed it and drove it and cared for it for a long time, but it's actually the result of a tremendous team."'A lot of ideas have been battle-tested'Lattner started the project because of challenges he had working with C Plus Plus, an older programming language.
"C Plus Plus is a complicated language," Lattner said. "Coming out of this, I was burned out, and I thought, 'There has to be a better thing. C Plus Plus and Objective-C, neither of them are bad. They're products of the circumstances they came from. We can do something way better.'"Later, when he realized that Swift could be a better alternative, he started asking for funding and growing a team at Apple to work on it. And by the time it launched in 2014, he said he had "a pretty good sense it would be really popular.""One of the great things about Apple culture is it's very analytical," Lattner said. "They ask questions because they're trying to shape things. That really does shape a product ... It's been four years in, and a lot of the ideas have been battle-tested. A lot of the hard questions had been answered." 'The reception of it blew me away'Before Swift, the main language for building iOS apps was Objective-C. Lattner doesn't expect Objective-C to ever disappear, as many existing projects are still written in it. But most new iOS projects he sees are in Swift, including at Apple. "Are people still choosing to write projects in Objective-C?" Lattner said. "That's kind of game over for Objective-C."
Looking forward, Lattner said the data-science and machine-learning community was quickly changing. Most people in that community use Python, but more people are starting to use Swift. "Swift is far more approachable and allows people to be productive," Lattner said. "It pulls in more people from the community."Lattner said Swift was "very Apple-centric" when it first began, but now he sees developers using Swift to write all sorts of projects and tools, including in servers and machine learning."We knew we were on the right track and thought it would be exciting and popular," Lattner said. "The reception of it blew me away."
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NEWS-MULTISOURCE
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Talk:Madonna
''Discussion took place on RfV, moving it back here. 18:49, 31 May 2009 (UTC)''
Removal of comment and ref.
I have taken out the following comment. Rather than keep it on our own talk pages I am moving it here. Original comment was Used mainly in the US since early 20th century, but never popular. Social Security Administration: Retrieved on May 15th, 2008: Madonna was among the 1000 top female names in USA during 1909-1968, with a maximum frequency of 0.13 per cent in 1933. Contributor's comment. The Oxford Dictionary of First Names (Hanks&Hodges,2001) says of this name: "Its use as a given name is a fairly recent phenomenon, arising among Americans of Italian descent". It's not US point of view to record that. The mention of the pop star might be POV; I've removed that, and added "mainly" US. If you want to contest that, please add references, instead of deleting my references. If Madonna has been a recorded in Ireland in early 20th century or before, for example, and you have good data to show it, it would be a scoop for the Wiktionary.--Makaokalani 10:05, 20 May 2008 (UTC) My reply. You're missing the point. I wasn't disputing the fact – rather pointing out that it is a US perspective, and ONLY a US perspective. I just had a quick look at other name origin sites and some even disagree with you even from a US POV. even claims "Madonna is a popular female first name … (source: 1990 U.S. Census)". Popularity is not normally put in the definitions so I have removed it once again. If you still disagree with my comments, please put it under Requests for Verification.--Dmol 11:27, 20 May 2008 (UTC) --Dmol 11:36, 20 May 2008 (UTC)
* I have added short notes about the popularity of given names to hundreds of entries. E.g. UK usage to Claire since it is mainly British, and UK and US usage to Jennifer, since they are different. I'm not saying that such names wouldn't ALSO be used elsewhere in the Anglo-Saxon world; of course they are. Such information is particularly helpful when a name has additional meanings, like Madonna. The readers will know that in 19th century texts it is Virgin Mary, not a woman's name. I can make a separate "Usage note" if Dmol feels that it is cluttering up the definition. Baby name websites are not reliable references. www.behindthename.com is the only one worth noting, but we can make Wiktionary much better if we try. In my vocabulary "popular" means a name with at least 0.5 per cent frequency for ten years. --Makaokalani 13:26, 22 May 2008 (UTC)
* This is not nameyourbabytionary.org. Perhaps you could try there? Popularity of a name does not have widespread consensus here; on the other hand, it has been rejected flat out in the past. User:Dmol is correct in removing it. --Connel MacKenzie 16:33, 22 May 2008 (UTC)
I would also point out that Hanks & Hodges is notoriously unsourced and often unreliable. While it can make a nice start for research into the use and origin of a name, it should never be relied upon as the final word. The book frequently (and silently) perpetuates errors from other secondary sources. --EncycloPetey 19:37, 24 May 2008 (UTC)
* But there must be some way to explain that the name Madonna is different from the name Mary. My original reference was US Government statistics. I always check several statistics websites before entering statements of this kind. There are some 19th C Madonnas, also in UK, but most of them really are American and born in the first half of the 20th C. And Hanks&Hodges is still better than the baby name websites used by Dmol.--Makaokalani 13:25, 26 May 2008 (UTC)
* Are you still ignorant of my reasons for removing your comment, are you deliberately trying to cloud the issue. I am not interested in the reliability of the site you quote, nor bothered to compare it to the one that contradicts it. I am stating the NONE OF THESE comments are appropriate as part of the definition. It is a US POV that should not be part of the definition. It is for that reason that I removed the comment in the first place. I also can’t figure out why you feel the need to show that Madonna is different from the name Mary when the difference is patently obvious.--Dmol 21:47, 2 June 2008 (UTC)
* I'm probably missing something, but it seems like saying that a name is "used mainly in the US" is actually the opposite of a U.S. POV: a U.S. POV would ignore that the rest of the world exists, and would simply say "used mainly since early 20th century", as though everyone else used it exactly like the U.S. did. Am I wrong? —Ruakh TALK 22:58, 2 June 2008 (UTC)
* I see what you are saying but still disagree. Why should any, (repeat ANY) comments as to its popularity be part of the definition.--Dmol 16:38, 8 June 2008 (UTC)
* Well, that's a different point. :-) I think popularity comments might be appropriate in a sense line, just as we tag things by region, time period ( and for terms, for referents), commonness , and so on; and, for that matter, just as we indicate the gender associated with a name. And it can be useful to readers to know this sort of thing, since a novel will frequently trust that its readers recognize the associations of a name like Archibald: vs. those of a name like Ahmed:. But if you disagree, I won't push.
* Question, though: why this was brought to RFV? Does anyone disagree with the claim?
* —Ruakh TALK 19:01, 8 June 2008 (UTC)
* A good question. It was my mistake to bring it here instead of Beer Parlour. It's a matter of policy. There are no clear rules about what to include in given name entries. But Dmol suggested RfV, and each time he struck out my contribution he gave a new reason : 1.POV uncited info; 2.US POV; 3.US POV plus what you can read above. No wonder this discussion didn't solve anything.--Makaokalani 12:15, 16 June 2008 (UTC)
* We have a lot of things that might benefit from more complete specification now that Wiktionary has more experience under its belt. This seems like one. If we became a more definitive nameyourbaby.org, that doesn't seem bad to me, but it is a general policy matter. We have the question of how to present the name words we put under the Proper noun PoS header, which matter is being voted on now at WT:VOTES. Looking at that and the discussion preceding it may give you an idea of how hard it is to come to conclusions. DCDuring TALK 13:42, 16 June 2008 (UTC)
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(212) 203-2813 115 East 57th Street Suite 1210, NY, NY 211 East 43rd Street, Ste 2300, NY, NY
Failed Back Surgery Syndrome
FBSS Failed Back Surgery SyndromePatients with persistent lumbar pain do not take the choice to have invasive spinal surgery lightly. After lengthy discussion and consultation, sometimes with multiple practitioners, they make the informed and difficult decision to undergo procedures like discectomy, microdiscectomy, laminectomy, or spinal fusion with high hopes. Sometimes, however, after the pain of the operation itself has subsided, they come to the gut-wrenching realization that their initial pain persists, or has actually worsened. The back surgery they had so counted on failed to work.
Failed Back Surgery Syndrome (FBSS) is not actually a syndrome. It is a catch-all phrase that is used to describe the condition of patients who continue to have chronic pain after the surgery that was supposed to relieve it. More properly, the outcome did not achieve the expectations agreed upon by both the patient and their doctor before the procedure. [1] There are a variety of reasons why spinal surgery is unsuccessful, and it is crucial for the physician to understand why in order to determine the course of further treatment
Regardless of why surgery failed, the only thing that matters to the patient is what to do next. When further surgery is not the best option moving forward, a multi-disciplinary program of medical management could yield the best results to return the patient to normal functioning. [2] The doctors at the Ainsworth Institute of Pain Management are experts at diagnosing the cause surgical failure, and can offer you a combination of treatment options that will help you get your life back.
What is Failed Back Surgery Syndrome?
Failed Back Surgery Syndrome FBSSBefore back surgery, a doctor must communicate what the patient can realistically expect from the procedure according to the medical evidence. The two must agree upon reasonable and hoped for outcomes. [2] When these outcomes fail to meet the expectations of the doctor and patient i.e. pain continues, mobility is unaffected, we can say the back surgery has failed.
Failed Back Surgery Syndrome pain is not always a persistence of the same pain the patient had going into the procedure. It is important to note that there are several different qualities the pain associated with Failed Back Surgery Syndrome can take on. The pain may be reduced after surgery but still present enough to affect the patient’s quality of life. Conversely, the pain might actually increase in the months following a procedure, perhaps because a buildup of scar tissue around nerve roots. Also, a new pain distinct from the initial complaint may arise. To make matters more confusing, any of these examples do not necessarily imply there was a problem during surgery. [3]
The Incidence of Failed Back Surgery Syndrome
The incidence of Failed Back Surgery Syndrome is estimated at 20-40%. The likelihood increases with repeated surgeries. Also, the condition is more common in areas where spinal surgery is more prevalent. [4] There is also evidence reported by the U.S. National Institute of Health that the likelihood of FBSS increases according to the invasiveness of the surgery. [5]
What are the Symptoms?
As mentioned above, patient’s experiencing Failed Back Surgery Syndrome report either a persistence or worsening of pain after surgery. They may also report a new type of pain as well. Other symptoms associated with failed back surgery syndrome include:
Aching pain in neck, back or legs
Dull pain in neck, back or legs
Pain above or below location of surgery
Pricking or stabbing in extremeties
Loss of mobility
Anxiety and depression
Spasms
What are the Causes?
There are several possible causes back surgery could be unsuccessful.
Condition not properly identified – When a clinician has picked an operation that does not correctly address the problem, that operation is more than likely to fail. In the complex system that is the human spine, an accurate diagnosis of the pain generator is not always straightforward. What’s more, conditions such as osteoarthritis can mimic degenerative spine conditions. An inexperienced clinician can end up operating on the wrong area and not fixing the problem. [6]
Failed Back Surgery Syndrome FBSS Condition partially identified – Patients can have more than one degenerative spine condition at once. Once again, an inexperienced clinician may choose to address only one area that he/she deems the worst leaving the patient to still experience pain from secondary conditions. [2]
Nerve damage – When a nerve root is decompressed during surgery inflammation often occurs. In some cases the nerve itself can be damaged resulting in chronic pain. [7]
Technical error – Sometimes a surgeon can mistakenly leave behind a bone fragment or residual material from a herniated disc. This can cause pressure against the nerve root and pain to worsen.
Implant slippage – If a spinal implant shifts before it has affixed itself to the adjacent vertebrae it could compress sensitive tissue, therefore causing pain.
Epidural Fibrosis – The body naturally forms scar tissue after any kind of spinal surgery as part of the healing process. This tissue can sometime bind to the nerve root resulting in the condition called epidural fibrosis resulting in post-operative pain. [8]
Recurrent disc herniation – Removal of one vertebral disc can often lead to herniation of another down the road. Also, material left from a discectomy can re-herniate. [9]
Spinal Stenosis – Patients who receive a discectomy or other surgeries can often develop spinal stenosis as a late complication.
Arachnoiditis – Fibrous scarring that occurs within the subarachnoid space (below the epidural space) – it is notoriously difficulty to detect. and is irreversible.
What are my Treatment Options?
Treatments of FBSS Failed Back Surgery SyndromeWith Failed Back Surgery Syndrome (FBSS) you need to consult a physician with spinal expertise who can ascertain why you are continuing to experience pain post surgery. As shown above, there can be many reasons. If you were improperly diagnosed, the true cause of your pain needs to be evaluated. If you sustained an injury during the surgery itself, then that must be correctly apprehended, as well as if you are suffering from some secondary condition that was indirectly caused by the procedure.
Once your underlying condition has been understood, your doctor can best decide on the appropriate course of treatment.
Interventional Pain Management Treatments
Lumbar Epidural Steroid Injection – This procedure is considered a very effective treatment for back pain. It is basically the same treatment a woman will receive during childbirth to eliminate pain. Under fluoroscopic guidance, your physician will place a small needle into the epidural space and inject a small amount of medication to eliminate the pain.
Transforaminal Epidural Steroid Injection – This procedure is similar to the one above; however, in this case the medication is focused directly onto the nerve fibers that make up the sciatic nerve – the result is more medication delivered to the affected area.
Radiofrequency Ablation (RFA) – Radio waves are applied to a nerve, subsequently stunning it and preventing from transmitting pain.
Lysis of Adhesions (Adhesiolysis) – A small flexible-tip catheter is gently inserted through the tail bone into the epidural space toward the site of surgery and any potential scar tissue. Wherever the catheter comes into contact with a adhesion or scar tissue, the flexible tip will break it up and move it out of the way.
Spinal Cord Stimulation (SCS) – When the inflammation in and around the affected nerves is too great for an epidural injection, SCS is an excellent and effective treatment option that can eliminate the pain without surgery. In SCS, an electrical pulse is delivered directly to the spine, blocking certain neuron fibers’ access to the brain and consequently the brain’s ability to sense the previously perceived pain.
Intrathecal Pumps – A small catheter is placed in the subarachnoid space (just below the epidural space) and extremely small amounts of medication are slowly delivered directly over the spinal cord. This enables your physician to provide the same medications you might take orally to manage the pain but at a fraction of the dose – thus decreasing the side effects. More importantly, our doctors have been putting a revolutionary drug inside the pumps called ziconotide and are reported amazing successes!
The Ainsworth Institute is Here to Help
The doctors at the Ainsworth Institute of Pain Management specialize in the identifying and treating failed back surgery syndrome. Dramatic improvements in pain and quality of life are a single phone call away. Schedule an appointment today with one of our board certified pain management experts to discuss what options for treatment may best suit your needs.
References
[1] Schofferman J, Reynolds J, Dreyfuss P, et al. Failed Back Surgery: etiology and diagnostic evaluation. Spine J 2003;3:400-403.
[2] Schofferman J: Failed Back Surgery. In: Bonica JJ: The Management of Pain. 4Th ed. Philadelphia, Lea & Febiger; 2009: 1130-1142.
[3] Fritsch EW, Heisel J, Rupp S (Mar 1996). “The failed back surgery syndrome: reasons, intraoperative findings, and long-term results: a report of 182 operative treatments”. Spine 21 (5): 626–33.
[4] Chan CW, Peng P. Failed back surgery syndrome. Pain Med 2011;12:577-606
[5] Slipman CW, Shin CH, Patel RK, et al. (Sep 2002). “Etiologies of failed back surgery syndrome”. Pain Med 3 (3): 200–14; discussion 214–7.
[6] Guyver R, Patterson M, Ohnmeiss D. Failed back surgery syndrome: diagnostic evaluation. J Am Acad Orthop Surg 2006; 14:534-543.
[7] Cauchoix J, Ficat C, Girard B (1978). “Repeat Surgery After Disc Excision”. Spine 3 (3): 256–59.
[8] Lähde S, Puranen J (August 1985). “Disk-space hypodensity in CT: the first radiological sign of postoperative diskitis”. Eur J Radiol 5 (3): 190–2.
[9] Epps C. H. (1978). Complications in Orthopedic Surgery. Philadelphia: Lippincott and Co. pp. 1009–1037.
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-- H&M Shares Jump to Record High as August Sales Beat Estimates
Hennes & Mauritz AB (HMB) , Europe ’s
second-biggest retailer, reported monthly sales that beat
analysts’ estimates, sending its shares to a record high. Revenue at stores and operations open at least a year rose
4 percent in August compared with the same month last year, the
Stockholm-based company said today. The average estimate in a
SME Direkt survey was for a 2.5 percent increase. “It will be interesting to see whether this is rebate-driven, affecting the gross margin,” said Soeren Loentoft Hansen, an analyst at Sydbank A/S in Denmark. “We have seen
very good and warm weather also in August, and normally you
would not expect to sell that much summer clothes in that month
as consumers are preparing for the fall.” H&M gained as much as 5.4 percent to 262.70 Swedish kronor
in Stockholm trading. The shares were up 3.8 percent at 258.80
kronor as of 9:20 a.m. Total sales in August climbed 14 percent, the retailer
said, beating estimates for 12.6 percent growth. H&M also said sales, excluding value-added tax, amounted to
32 billion kronor ($4.91 billion) in the three months ended Aug.
31. That compared with an average estimate of 31.6 billion
kronor in a Bloomberg survey of analysts. The company had 2,964 stores at the end of August, up from
2,629 a year earlier. It has said it plans to add a net 350 new
stores this year. H&M is due to report third-quarter earnings Sept. 26. To contact the reporter on this story:
Katarina Gustafsson in Stockholm at
kgustafsson@bloomberg.net To contact the editor responsible for this story:
Celeste Perri at
cperri@bloomberg.net
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ANN: python-ldap-2.0.0pre19
Discussion in 'Python' started by =?ISO-8859-1?Q?Michael_Str=F6der?=, Jan 23, 2004.
1. Find a new pre-release of python-ldap:
http://python-ldap.sourceforge.net/
python-ldap provides an object-oriented API to access LDAP directory
servers from Python programs. It mainly wraps the OpenLDAP 2.x libs for
that purpose. Additionally it contains modules for other LDAP-related
stuff (e.g. processing LDIF, LDAPURLs and LDAPv3 schema).
----------------------------------------------------------------
Released 2.0.0pre19 2004-01-22
Changes since 2.0.0pre18:
Modules/:
* LDAPObject.c:
Most deprecated functions of OpenLDAP C API are not used anymore.
* functions.c:
Removed unused default_ldap_port().
* constants.c:
Removed unused or silly constants
AUTH_KRBV4, AUTH_KRBV41, AUTH_KRBV42, URL_ERR_BADSCOPE, URL_ERR_MEM
* errors.c:
Fixed building with OpenLDAP 2.2.x
(errors caused by negative error constants in ldap.h)
ldap.ldapobject.LDAPObject:
* Removed unused wrapper methods uncache_entry(), uncache_request(),
url_search(), url_search_st() and url_search_s()
* New wrapper methods for all the _ext() methods in _ldap.LDAPObject.
ldap.modlist:
* Some performance optimizations and simplifications
in function modifyModlist()
=?ISO-8859-1?Q?Michael_Str=F6der?=, Jan 23, 2004
#1
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Freren (Samtgemeinde)
Freren is a Samtgemeinde in the district Emsland in Lower Saxony, Germany. Its seat is in the town Freren.
The Samtgemeinde Freren consists of the following municipalities:
* 1) Andervenne
* 2) Beesten
* 3) Freren
* 4) Messingen
* 5) Thuine
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Alibaba Stock Is Finally a Looking Like a Buy After a Brutal Bashing
InvestorPlace - Stock Market News, Stock Advice & Trading Tips
Shares of Alibaba (NYSE:BABA) are finally showing some strength after a prolonged and punishing pullback. BABA stock had fallen over 50% from the all-time highs reached a year ago before finding some footing.
BABA) logo featured outside of an office building with bushes in the background" width="300" height="169">
Source: zhu difeng / Shutterstock.com
Some of the selling was warranted given the exuberance of the previous rally and the ongoing concerns coming out of China. The dramatic drop has now come too far however.
Time to be a buyer of an undervalued and oversold BABA on any further weakness.
BABA Stock Joins Peers Under Pressure
Certainly Chinese stocks have been under pressure lately, and BABA stock hasn’t been immune. The combination of a potential looming Evergrande default and the regulatory clamp down by the Chinese government has caused investors and funds to flee anything China related. InvestorPlace contributor David Moadel took a deep dive on these very issues in his Sept. 17 article.
Volatility begets opportunity. It is important to remember that while growth will likely slow for Alibaba, it will still continue to grow. The latest earnings report from early August showed just that. Earnings were a solid beat at $2.57 per share versus estimates of just $2.22. Revenues were a tad light at $31.87 billion but still showed a 34% increase from the year ago period.
10 Hyper-Growth Stocks to Be Careful of as We Near a Correction
While revenues grew 34% from 12 months ago, the BABA stock price has fallen $110 points, or 45%, in that same time frame. The combination of a dramatically lower stock price combined with healthy revenue growth makes for much lower valuation multiples.
BABA stock is certainly cheap on a fundamental basis. The current price-to-sales (P/S) ratio now stands at just 3.52x. This multiple is just off the 10-year low of 3.4x reached Sept 24. It is also at a massive haircut to the median of 11.46x over the past decade.
Alibaba is decidedly attractive on a comparative basis to such megacap stocks as Apple (NASDAQ:AAPL) and Microsoft (NASDAQ:MSFT). These stocks are both trading just off the highest valuation multiples in the past decade. MSFT, for example, carries a nearly 13x P/S ratio. This is over three times the current P/S multiple for BABA stock.
Technical Take on BABA Stock
Alibaba is looking good on a technical basis as well. BABA reached oversold conditions but is starting to strengthen. The nine-day RSI bounced off the 30 mark. MACD is also turning higher and looks poised to go positive. This would generate a buy signal. Momentum has improved and is turning higher as well.
Click to Enlarge
Source: The thinkorswim platform from TD Ameritrade
BABA stock is trading at a big discount to the 20-day moving average. On previous occurrences, these indicators aligned in a similar fashion to mark significant lows in Alibaba shares.
Plus, Alibaba just put in another positive day and relative strength is improving quickly in Alibaba.
Alibaba is due to report earnings in early November so it is important to have the options expire before then to lower risk. Implied volatility is still high in BABA options at the 58th percentile due to the recent sharp sell-off. This means option prices are comparatively expensive and favors option selling strategies when constructing trades.
So to position to be a buyer of BABA stock on further weakness, an out-of-the money bull put spread makes intuitive sense.
How To Trade BABA
Sell the Oct 29 $135/$130 put spread for an 85 cents net credit.
The maximum gain on the trade is $85 per spread. Maximum risk is $415 per spread. Return on risk is 20.48%. The short $135 strike provides a 11.41% downside cushion to the $152.39 closing price of BABA stock. The spread also expires before earnings are released to eliminate any earnings related risk.
On the date of publication, Tim Biggam did not have (either directly or indirectly) any positions in the securities mentioned in this article. The opinions expressed in this article are those of the writer, subject to the InvestorPlace.com Publishing Guidelines.
Tim spent 13 years as Chief Options Strategist at Man Securities in Chicago, 4 years as Lead Options Strategist at ThinkorSwim and 3 years as a Market Maker for First Options in Chicago. Tim makes weekly appearance on TD Ameritrade Morning Trade Live, CBOE TV Vol 411, Business First AM Trader Talk and bi-monthly appearances on Bloomberg TV Options Insight to discuss options and volatility. Tim has also been invited for reoccurring appearances on CNBC’s Volatility Playbook.
The post Alibaba Stock Is Finally a Looking Like a Buy After a Brutal Bashing appeared first on InvestorPlace.
The views and opinions expressed herein are the views and opinions of the author and do not necessarily reflect those of Nasdaq, Inc.
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Talk:Jackie Evancho discography
CD and DVD have different names
Note that while the CD is called "Songs from the Silver Screen", the PBS special and DVD are called "Music of the Movies". The two also have different release dates - the PBS special begins to air in August, while the DVD is scheduled to be released on October 2. -- Ssilvers (talk) 09:17, 2 August 2012 (UTC)
* Then is it still wrong? It appears to say the CD is being released in October and the DVD is being released in September. Is there a reference for the DVD release date? For An Angel (talk) 13:51, 2 August 2012 (UTC)
* No, the article says that the CD will be released on October 2, 2012, which is correct. Let's wait for a better reference for the DVD release date. I don't think they will announce the exact date until after August 11, and we can update that info then. -- Ssilvers (talk) 14:23, 3 August 2012 (UTC)
* Right, that's what I said. You said the DVD is scheduled to be released on October 2, but the article says September even though the reference doesn't mention anything about a DVD. For An Angel (talk) 17:51, 3 August 2012 (UTC)
Sorry, I mean that the DVD was scheduled for September. The CD is definitely scheduled for October -- this was CHANGED from September, and the October date is given in the newest references in the article (See the Amazon.com ref). Please be patient and wait until 12 August, when updated information will be available, and I will update any references that have old dates at that time. -- Ssilvers (talk) 12:53, 4 August 2012 (UTC)
Awakening
For the two week total, we have 27,000, based on the first week amount from Keely's Korner. My understanding is that HDD is only an estimate, while Keely's Korner uses final Soundscan numbers, so it is the more reliable figure. -- Ssilvers (talk) 22:51, 23 December 2014 (UTC)
External links modified
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External links modified
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I have just modified 2 external links on Jackie Evancho discography. Please take a moment to review my edit. If you have any questions, or need the bot to ignore the links, or the page altogether, please visit this simple FaQ for additional information. I made the following changes:
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Commits
Uelsk8s committed 7b72178
update networkmanager
• Participants
• Parent commits bef9a28
Comments (0)
Files changed (1)
File var/vabs/NetworkManager/src/55NetworkManager
+#!/bin/sh
+# If we are running NetworkManager, tell it we are going to sleep.
+# TODO: Make NetworkManager smarter about how to handle sleep/resume
+# If we are asleep for less time than it takes for TCP to reset a
+# connection, and we are assigned the same IP on resume, we should
+# not break established connections. Apple can do this, and it is
+# rather nifty.
+
+. "${PM_FUNCTIONS}"
+
+suspend_nm()
+{
+ # Tell NetworkManager to shut down networking
+ printf "Having NetworkManager put all interaces to sleep..."
+ dbus_send --system \
+ --dest=org.freedesktop.NetworkManager \
+ /org/freedesktop/NetworkManager \
+ org.freedesktop.NetworkManager.sleep && \
+ echo Done. || echo Failed.
+}
+
+resume_nm()
+{
+ # Wake up NetworkManager and make it do a new connection
+ printf "Having NetworkManager wake interfaces back up..."
+ dbus_send --system \
+ --dest=org.freedesktop.NetworkManager \
+ /org/freedesktop/NetworkManager \
+ org.freedesktop.NetworkManager.wake && \
+ echo Done. || echo Failed.
+}
+
+case "$1" in
+ hibernate|suspend)
+ suspend_nm
+ ;;
+ thaw|resume)
+ resume_nm
+ ;;
+ *) exit $NA
+ ;;
+esac
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Category:Spanish conquest of the Aztec Empire
Articles relating to the Spanish conquest of the Aztec Empire (1519-1521). It was one of the primary events in the Spanish colonization of the Americas. There are multiple 16th-century narratives of the events by Spanish conquistadors, their indigenous allies, and the defeated Aztecs.
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Portal:Maryland/News
* November 1, 2007 - Westboro Baptist Church ordered to pay US$11 million to family of fallen US soldier
* September 30, 2007 - Interview with gay marriage movement founder Evan Wolfson
* September 1, 2007 - Four jackpot winners confirmed in US 'Mega Millions' lottery drawing
* May 20, 2007 - Horse racing: Curlin wins 2007 Preakness Stakes
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Baulking
Baulking or Balking is a village and civil parish about 3+1/2 mi southeast of Faringdon in the Vale of White Horse district of Oxfordshire. It was part of Berkshire until the 1974 Boundary Changes transferred it to Oxfordshire.
Topography
The parish is bounded to the north and north-west by the River Ock, to the south by its tributary Stutfield Brook and to the east by field boundaries. The village is arranged along a large, elongated village green running north–south, on the side of a slight rise of land bounded on two sides by a bend in the river.
History
Saxon charters record the manor as Bedelacinge in 948 and as Baðalacing and Badalacing in 963. Balking and Bedelakinges are other 10th-century spellings of the name. 12th-century forms included Badeleching in a pipe roll from 1121 and Badeking in other records. A charter from about 1200 records it as Badeleking and another dated 1286 records it as Bathelking. Later spellings include Bauking in the 16th century and Bawlkin in the 17th century. The name's etymology is Old English but its meaning has not been determined. It may come from a stream name. The first part of the name may come from bæþ meaning "bath" and lācing may come from the same Old English word as Lockinge.
Manor
In 948 King Eadred gave five hides of land at Baulking to his servant Cuthred, and it was said that Cuthred gave the land to the Benedictine Abingdon Abbey. By 1187 the manor had passed to the lords of Kingston Lisle, with whom it remained until the 20th century.
Parish church
The Church of England parish church of Saint Nicholas was built at the beginning of the 13th century as a dependent chapel of Uffington. The chancel has an Early English Gothic corner piscina and lancet windows. In the 14th century diagonal buttresses were added to the church and two Decorated Gothic windows were added in the south wall of the nave. The Perpendicular Gothic window in the north wall of the nave was added late in the 15th century. The oak pulpit is Jacobean and came from Grittleton in Wiltshire. The nave roof is also Jacobean. St. Nicholas' Communion plate includes a chalice made in 1583. The church is a grade I listed building. Baulking was made an ecclesiastical parish separate from Uffington in 1846. St Nicholas' is now once again part of the Uffington Benefice, along with the parishes of Shellingford and Woolstone.
Economic History
Baulking was an ancient market town, with market day on Thursday. In 1219 the market was changed to Tuesday and by 1792 it had ceased to be held. The common lands of Uffington, Baulking and Woolstone were enclosed in 1776. Baulking parish school was built in 1877. It is now a private house. The Great Western Main Line was built through the southern part of the parish and opened in 1840. The line immediately abuts the southern tip of the village.
Demography
The 2011 Census recorded the parish population as 107, which was ten fewer than were recorded by the 2001 Census. The 2011 Census recorded that the numbers of each sex were equal, eight residents were born overseas, seven were aged under five, and 20 were aged between five and 15. A majority of its 66-strong working population were directors, managers, skilled professionals or administrators. Eight of the latter main cohort of the population were machine or plant operators or skilled agricultural workers. One of the 41 households had no access to a car or van.
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City Challenge
City Challenge was an event organisation that holds motorsports, arts and entertainment events in major city centres. It had its headquarters in Berlin, Germany.
History
City Challenge CEO Hartmut Beyer started to plan a race circuit downtown Bucharest, Romania, in 2004. After fulfilling the role as organiser and promoter for the FIA GT Championship rounds in Bucharest 2007, 2008 (under the name of Bucharest Ring ) and Budapest, Hungary, in 2009, Mr. Beyer and his team performed negotiations with multiple cities around the world in order to establish its own GT championship that will take place from 2013 onwards.
Baku City Challenge
The inaugural Baku City Challenge event was being held in Baku, Azerbaijan, during 26–28 October 2012. The event attracted 42,000 spectators over the weekend, about 150 national and international journalists were reporting about the event and 100 crew members of the TV production provided the footage either live or as highlight in over 120 countries, reaching a total of 650 million households.
On day time, the Historic Grand Prix and the Gymkhana Drift Series acted as support races of the Baku event. The evening show programme included the “CoGo show”, featuring international artists, and on-stage performances by, among others, DJ Pancho and Rafet el Roman.
A total of 13 teams, 24 cars of the makes BMW, McLaren, Porsche, Mercedes-Benz, Ferrari, Lamborghini and Chevrolet participated during the City Challenge event on the 2,144-metre-long racetrack that was homologated with FIA grade 3. Among the drivers were five times DTM champion Bernd Schneider, former Formula 1 driver and 2008 Le Mans class winner Jos Verstappen, 1997 F1 World Champion and Indy 500 winner Jacques Villeneuve and Mathias Lauda, son of three-time F1 World Champion Niki Lauda.
The City Challenge GT main race was won by drivers Frédéric Makowiecki and Stef Dusseldorp, driving the McLaren MP4-12C GT3 for HEXIS Racing. Frank Kechele and Mathias Lauda driving the BMW Z4 GT3 for Vita4One Racing Team were ranked second and the podium was concluded by Yelmer Buurman and Nicolaus Mayr-Melnhof, also driving a BMW Z4 GT3 for Vita4One Racing Team.
Future
City Challenge would have the ambition to grow to a stable event calendar that would contain a minimum of five events in Europe, Middle East, America and Asia.
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Organic Maltodextrin: Health Benefits and Risks
Maltodextrin is a food additive that is commonly used to thicken, sweeten, or preserve various processed foods. It is a white, starchy powder that is made from corn, rice, potato starch, wheat, tapioca, or rice. Organic maltodextrin is maltodextrin that is derived from organic sources, such as organic corn or rice.
Carbohydrates and Energy
Maltodextrin is a source of carbohydrates and energy, especially for athletes or people who need to increase their blood sugar levels quickly. It can help replenish glycogen stores after exercise or prevent hypoglycemia in people with diabetes.
Blood Sugar Control
Maltodextrin has a high glycemic index (GI), which means it can cause a rapid spike and drop in blood sugar levels. This can be harmful for people with diabetes, insulin resistance, or metabolic syndrome, as it can increase the risk of hyperglycemia, inflammation, and oxidative stress. It can also affect appetite and weight control by triggering hunger and cravings.
Gut Health
Maltodextrin may affect the balance of bacteria in the gut. Some studies suggest that maltodextrin can reduce the number of beneficial bacteria and increase the number of harmful bacteria in the intestine. This can impair the immune system, increase the risk of inflammatory bowel disease, and enhance the survival of pathogens such as salmonella.
Nutrition
Maltodextrin has no nutritional value other than providing calories. It does not contain any vitamins, minerals, fiber, or antioxidants. Consuming too much maltodextrin can displace more nutritious foods from the diet and contribute to nutrient deficiencies.
Gluten Sensitivity
Maltodextrin may contain traces of gluten if it is made from wheat or other gluten-containing grains. This can be problematic for people with celiac disease or gluten sensitivity, as it can cause digestive symptoms and inflammation. However, most maltodextrin products are gluten-free as long as they do not list wheat as an ingredient.
The bottom line is that organic maltodextrin is not inherently bad for health, but it should be consumed in moderation and as part of a balanced diet. It may have some benefits for certain situations, such as exercise recovery or hypoglycemia prevention, but it may also have some drawbacks for blood sugar control, gut health, and overall nutrition. People with diabetes or digestive disorders should be particularly careful about their intake of maltodextrin and consult their doctor before using it.
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Publications : 2011
Budinsky R, Urban J, Rowlands JC. 2011. An evaluation of single nucleotide polymorphisms in the human aryl hydrocarbon receptor nuclear translocator gene. Presented at the Society of Toxicology’s 50th Annual Meeting, March 6-10, Washington, D.C.
Abstract
The effects of dioxin-like chemicals (DLCs) are mediated through the aryl hydrocarbon receptor (AHR); a key step in activation of this pathway involves heterodimerization with aryl hydrocarbon receptor nuclear translocator (ARNT) and subsequent activation of xenobiotic metabolizing enzymes. The objective of this study was to identify single nucleotide polymorphisms (SNPs) in the human ARNT gene that could potentially affect the sensitivity of the AHR response pathway. DNA from 101 human samples from six ethnic populations was sequenced using PCR and resulting exonic SNPs were compared with SNPs described previously in the literature or public databases. Results indicated that 69 samples had at least one SNP, and five samples had two SNPs. Five unique SNPs were identified, three of which were non-synonymous (two were novel). Several previously identified SNPs were not identified in the current study, though the most commonly reported SNP (V189V) in other studies was observed at a frequency of 0.49 in this study. The potential functional consequences of the three non-synonymous SNPs identified in the current dataset appear to be limited as the frequency of occurrence was very low (< 0.02), and because two of the SNPs appear in regions of the protein that are not within a defined functional domain. The remaining SNP (V304M) occurred in the PAS domain of a single sample. Studies have suggested that a single point mutation in this domain can negatively impact transcriptional function and potentially lower ARNT levels. With respect to DLC exposures, this would suggest that carriers of this SNP would be less sensitive to effects. However, loss and/or decrease of ARNT function has also been associated with type 2 diabetes and thus additional research is needed to fully understand the functional impact of the V304M variant in the human population. Overall, results indicate a very limited presence of polymorphisms in functional regions of the human ARNT.
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ESSENTIALAI-STEM
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rpg.pbem.online
Image/Photo
Hanging Arm Trebuchet
This trebuchet is portable and very easy to make. There are no hinges or tight tolerances.
The two main parts are a tripod and the swing arm. The tripod is three poles tied together at the apex. The swing arm is tipped with the weight and sling. A rope is tied to the apex and swing arm tips.
It's portable - you can bundle together the tripod legs, along with the swing arm.
To launch, you plant the swing arm slightly into the ground and let it fall toward the tripod. The rope arrests the arm's fall, causing the sling to swing upward.
That's pretty much it. I think this design could be efficient, with barely any friction losses and low final weight velocity. The real kicker is ease of construction, though.
Oh, I think this design follows principles of tensegrity, albeit dynamic rather than static.
#gizmo
Very elegant design. A pleasure just to sit and imagine it working 😀
I've seen some slightly similar fall and flip designs that work really well.
@Brie Mmm Thanks so much! I was inspired by the Walking Arm Trebuchet design, but I thought there must be a way to make it even easier to make.
I kept thinking about having an arm fall onto a short see-saw pivot, but this seemed kind of iffy ... I mean, that's going to put a lot of stress onto the impact point, so the arm will break, right?
But yanking upward from above feels more robust to me. The way I show it tied together, there's no bending impact in the middle of the arm. Like I noted ... tensegrity principles.
Still, for a small scale version, just tying the rope to the arm near the weight should be fine.
@[email protected] I'm curious what's out there. I was inspired by the Walking Arm Trebuchet design, which I noticed via Wikipedia article noting more modern treb designs.
But I know there are just oodles of unusual designs out there. I just have no idea how to search for fall and flip designs.
Obviously, my "hanging arm" design isn't a direct copy of the Walking Arm design, but it is meant to emulate its method. It's a remix, perhaps.
Yeah, my recollection of the video I saw was that it was a walking arm. I really like the compound ones where the pivot point moves during the throw. The dynamic analyses of these are really impressive.
@[email protected] If you find any examples of the moving pivot point, I'd really appreciate it. Like I said, I haven't been able to google search very well with this stuff.
My first thought was to have a series of vertical sheets to approximate a rounded "hill" that the arm rockers over. A rope attached to the weight and the rocker would ensure it rockers rather than sliding. So, instead of falling suddenly on just one pivot point, it rockers over a series of pivot points.
It would actually be easy enough to build. You just cut some rectangular boards with slots. A central "spine", with perpendicular pivots boards. With slots, they just slot into each other. No need for adhesives or brackets or anything. Just slot-slot fit.
But I was daunted by the immense number of variables involved.
AHA! The tripod can be replaced with just a single vertical pole. You drive that pole into the ground. You aim the fall of the swing arm off to the side of the pole.
This makes the hanging arm trebuchet even easier to make, although the off-vertical throw of the swing arm is a bit inelegant.
simulator with at least some documentation, that might aid in modeling this one:
http://www.virtualtrebuchet.com/
Here's a compound aka floating arm treb:
https://tjlaughlin.wordpress.com/portfolio/floating-arm-trebuchet/
some of the math involved in a good analysis of a FAT:
http://www.benchtophybrid.com/How_to_Simulate_a_Trebuchet_Part3.pdf
Last time I was reading a bunch about this I found a neat page about a very careful analysis of position and acceleration of the projectile during launch. Some of the FATs end up with almost two full rotations of the projectile around the axis before launch, and the acceleration is very nonlinear, at points being negative because the sling radius is changing with respect to the arm.
@[email protected] Thanks! I think it can be approximated by assuming a fixed pivot point at the hanging height, and a much larger weight ... but it's not perfect because the simulator assumes the weight starts at zero speed but this has the weight start off going downward pretty fast at that point.
The floating arm trebuchet is an interesting design but it seems a bit challenging to pull off - lots of sliding slots and tracks that need to be precise and rigid and aligned with each other.
My hanging arm trebuchet is actually moves similarly to the floating arm, but without the tracks and sliding.
Instead of vertical slots to guide the weight, the weight falls in an arc that ends nearly vertical at the end before the "action" starts. Simple speed and momentum keep it going along a nearly vertical track.
Instead of horizontal tracks to guide the pivot point, the support line restricts the pivot point to a nearly horizontal arc. Same basic theory, but much easier to implement and without roller friction.
It's a neat design and it'd be fun to make one at some point.
@[email protected] If you didn't notice, I posted a simplified version with just one vertical support pole here: https://pluspora.com/posts/827c78803e3801394179005056264835
It's also possible to configure a hanging arm trebuchet to look and work like a traditional treb - extremely similar to the floating arm trebuchet. Instead of falling from a vertical, the hanging arm starts off at an angle - hanging from the pivot. The tip of the arm is locked in place by a small cup in the ground (like a golf hole). Pulling on a "firing line" pulls the arm out of the hole, letting the tip swing up.
This makes the motion very similar to a floating arm trebuchet. The differences are:
1) The falling weight is not restricted to perfectly vertical motion (but this is not really necessary in the first place)
2) The pivot point swings in a mostly horizontal arc instead of travelling along horizontal tracks
Although actually ... this all goes back to the classic trebuchet design. Often, classic trebuchets were on wheels to let the entire thing roll forward/back during launch. This is geometrically the same as letting the pivot point move forward/back along raised horizontal tracks. Obviously, raised tracks reduces the mass that's moving forward/back.
Oh, here's an explanation of wheels on classic trebuchets:
https://www.pbs.org/wgbh/nova/lostempires/trebuchet/wheels.html
Not only do the wheels make the treb more durable, it adds power to the throw.
So there's an old folks home I walk past every now and again. A few blocks away there's a Cemetery. Today, I finally got out of the house with a friend. While driving by the two locations I got to thinking about the engineering behind building a solar powered trebuchet (inspired by this post) to deliver the deceased from the home to the cemetery, without using fossil fuels, and in the case of COVID decreasing the amount of handling and exposure for EMS, mortuarial service providers, etc.
I won't say y'all are a bad influence on me since I got that covered. But damn - sometimes my settings get stuck on "Monty Python" and just won't stop.
@Richard Healy Transporting bodies from one fixed point to another? You need a combination of a clothesline loop and a slip'n'slide. Pull the body with the wire loop, and use water to lubricate the body bag.
@Isaac Kuo There are several blocks of homes that have to be navigated around and right-of-way + eminent domain probably wouldn't cut it. Silently launching in the dead of night though...
This seems like blimp territory to me. A blimphearse would be amazing.
Blimphearse would totally be traveling in style.
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ESSENTIALAI-STEM
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Talk:Bắc Kỳ
北區
Why does the English-language Wikipedia article for Tonkin have 北區 as the spelling for this rather than 北圻? <IP_ADDRESS> 17:22, 18 December 2017 (UTC)
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WIKI
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User:Node ue/Language invite form letter
Since sending an e-mail to somebody asking them if they'd like to create a Wikipedia for a language and for the most part failing miserably, I've thought a lot about how it would be nice if there were some suggested format for such letters.
Having Wikipedias in languages like Hawaiian, Aymara, Navajo, and Inuktitut really fits well with the "spirit of Wikipedia". The problem is, the chances of getting a speaker of one of these languages randomly that actually knows they're able to create a Wikipedia for their language are pretty low. I'm sure we've had more than a few speakers of each of these languages visit Wikipedia, maybe even edit. But chances are they didn't realize they could make a Wikipedia for their language.
There is an army of minority language activists who would be overjoyed at the prospect of making a Wikipedia in their language. There are also people who actually work on a Wikipedia already, and are aware they *could* start a Wikipedia in their language, but for some reason don't anyways.
In the case of countries like Bhutan, somebody might even be willing to pay people to help make a new Wikipedia.
I thought it would be a good idea to send letters to some prominent speakers of minority languages. I gave them links that described in detail how Wikipedia works, including the Welcome, Newcomers page and such.
The response was usually "I made a few changes to the main page, but I can't help because I don't know how Wikipedia works".
I thought it would be nice to try to involve other people in making a standard letter of invitation to a minority language activist who appears to be the sort of person who would be interested.
The key requirements are:
* It should be easy to understand, but not be condescending
* It should be polite, but should not sound extremely formal
* It should make clear the mission of Wikipedia
* It should be able to convince people that they don't need lots of special knowledge to help create a Wikipedia, and that one person is enough to get a Wikipedia started (in the past, people have said to me "I would, but I'd be the only one working on it" and other such things) and people will come
Here is my basic draft of the letter, please make changes where you see fit:
(Subject: [languagename] OR Can you help with a [languagename] encyclopedia? OR something)
"Hello, [person],
As an advocate of [languagename], I thought you might be interested in a project I'm involved with called Wikipedia. It is a project to build a free encyclopedia in many languages on the Internet. It is a collaborative project, and anyone who wants to contribute can do so without even registering.
We would very much like to have a complete free encyclopedia in [languagename]. Wikipedia is already well-known around the world, with extensive versions in English, French, Spanish, German, Italian, Chinese, Japanese, and many more languages, including smaller ones such as Corsican and Low Saxon.
I really hope you can help. At the same time, you'll be doing something good for [languagename], because soon a lot more information will be readily available in [languagename] on the Internet thanks to Wikipedia.
Just let me know if you want more information. :)
Best wishes, [sender]"
I can tell there's definitely something wrong with it, but I felt like I needed to write *something* to start with.
If you can think of any more requirements, you can add them too.
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How To Connect a VCR Player to a Computer Monitor
In most cases, a computer monitor is essentially the same as a TV. Whether your monitor is an LCD or CRT, it will be very similar to an LCD or CRT TV. The main difference, though, is that a computer monitor does not have a tuner for listening in to TV or video signals. A computer monitor will usually have inputs for VGA, and in some cases DVI meanwhile, higher-end computer monitors might also have S-video input.
A good workaround for viewing videos from your VCR on a computer monitor is with the use of a TV tuner or adapter box, which can be acquired online at reasonable prices. Here are some tips on connecting your VCR to a computer monitor.
• Some computer monitors already have a built-in tuner, which lets you plug in devices using a standard RCA jack. If your monitor doesn’t have this functionality, you will have to equip it with a tuner/adaptor. You can search for a VGA-to-RCA orVGA-to-S-Video adaptor on eBay, for instance. These devices will usually cost $30 or less.
• If your computer monitor comes with an RCA port or S-Video port, then you’re in luck. You will simply need to find the right cable or adaptor for this to work. Newer computer monitors have DVI inputs, which make it easier to connect to a VCR. You will only need to get an HDMI to DVI adaptor, assuming your VCR has HDMI output.
• You can also purchase a TV tuner, which will input from an RCA or Coaxial source, and output to VGA. This can be useful if your computer monitor is old, and only has VGA input.
• Connect your VCR to the TV tuner through either the Composite A/V cables or a Coaxial cable. The RCA cables are usually marked yellow, white and red, with the yellow being for the video, and the red and white for audio channels.
• Connect the TV tuner to the monitor using the 15-pin VGA connector.
• You will need to connect the tuner box’s audio output to a speaker, so you can hear the audio output from the VCR. If the tuner box only has the yellow video input, you can directly connect the red and white audio channels to the AUX input of your component or home theater system.
• Power up your devices, and insert a tape in your VCR.
• Play the tape. It should output video onto your computer monitor.
• If you connected the audio jacks to your component or home theater system, audio should be coming out from there, as well.
The reason computer monitors are popular for use with VCRs and other video equipment is that these are practically free. Even old 15” monitors can be excellent for use as extra TV sets in the kitchen or garage. Connecting these with a $30 adaptor can be an inexpensive way to add an extra screen to your home without much fuss or cost.
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How to Enter Xperia Phone in Recovery Mode
How to Boot/ Enter Sony Xperia phone in Recovery Mode.
All Android based device including Sony Xperia Z5 can be rebooted into recovery mode. But being a new device, the Xperia Z5 comes with new settings, which means that reaching recovery will be different compared to other Android devices. So, if you want to learn how to enter and use the recovery then make sure you follow the steps from below.
Now, before moving on with this tutorial, let’s see why you should use this Android feature and when to use it. Your Sony Xperia Z5 comes pre-installed with a stock Android recovery mode. This software offers operations like: making a hard reset, flashing an OTA update, clearing app data cache and several other maintenance operations.
This is the functions you can do in a Stock recovery but if you install a Custom Recovery like CWM or TWRP you can have many features than stock recovery like, gaining root access, flashing .zip files, updating with custom ROMs, removing bloatware, making Nandroid backups, overclock CPU frequencies and so on.
Boot Sony Xperia Phone in Recovery Mode
Method 1:
1. A computer and USB cable are required.
2. Power off your device.
3. Now press and hold the Volume down button and while doing so connect your smart phone with your PC.
4. Now follow on-screen instructions in order to enter the recovery mode.
5. Select “reboot system now” in recovery menu if you want to go back to Android OS.
Method 2:
Here is the second method to boot Xperia phone through recovery mode:
1. Setup ADB & Fastboot drivers on your PC.
2. Enable USB debugging mode on your device. Go to Settings > Developer options > USB debugging mode.
3. Connect the phone to computer.
4. Open fastboot folder.
5. In fastboot folder open Command prompt press and hold Shift and Right-Click, select open command prompt here.
6. Type the following command adb reboot recovery.
7. Device will now reboot into recovery mode.
Method 3:
1. Download and Install Quick boot app from Google Play store and open it.
2. Follow the instructions shown in app to enter Recovery mode.
So, that was a simple guide on how to boot Sony XPeria phones in the recovery mode.
This post was last modified on June 29, 2018 7:27 PM
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ESSENTIALAI-STEM
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Open Bible Stories/Jesus Starts His Ministry
= 26. Jesus Starts His Ministry =
26-01
After Jesus refused Satan’s temptations, he returned to the region of Galilee. This is where he lived. The Holy Spirit was giving him much power, and Jesus went from place to place and taught people. Everyone said good things about him.
26-02
Jesus went to the town of Nazareth. This is the village where he had lived when he was a child. On the Sabbath, he went to the place of worship. The leaders handed him a scroll with the messages of the prophet Isaiah. They wanted him to read from it. So Jesus opened up the scroll and read part of it to the people.
26-03
Jesus read, “God has given me his Spirit so that I can proclaim good news to the poor. He has sent me to set prisoners free, to make the blind people see again, and to free those whom others are oppressing. This is the time when the Lord will be merciful to us and help us.”
26-04
Then Jesus sat down. Everybody was watching him closely. They knew the passage of scripture that he had just read was about the Messiah. Jesus said, “The things I just read to you, they are happening right now.” All the people were amazed. “Isn’t this the son of Joseph?” they said.
26-05
Then Jesus said, “It is true that people never accept a prophet in the town he grew up in. During the time of the prophet Elijah, there were many widows in Israel. But when it did not rain for three and a half years, God did not send Elijah to help a widow from Israel. Instead, he sent Elijah to a widow in a different nation.”
26-06
Jesus continued, saying, “And during the time of the prophet Elisha, there were many people in Israel with skin diseases. But Elisha did not heal any of them. He only healed the skin disease of Naaman, a commander of Israel’s enemies.” But the people who were listening to Jesus were Jews. So when they heard him say this, they were furious at him.
26-07
The people of Nazareth seized Jesus and dragged him out of the place of worship. They took him to the edge of a cliff to throw him off of it in order to kill him. But Jesus walked through the crowd and left the town of Nazareth.
26-08
Then Jesus went throughout the region of Galilee, and large crowds came to him. They brought many people who were sick or disabled. There were some who were blind, others who were crippled, deaf, or mute, and Jesus healed them.
26-09
Also, many people who had demons in them were brought to Jesus. Jesus commanded the demons to come out of them, so the demons came out. The demons often shouted, “You are the Son of God!” The crowds of people were amazed, and they praised God.
26-10
Then Jesus chose 12 men from among his disciples to be his special representatives. He called them “apostles.” These apostles traveled with Jesus and learned from him.
A Bible story from: Matthew 4:12-25; Mark 1-3; Luke 4
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Citizen science reveals the distribution of the invasive harlequin ladybird (Harmonia axyridis Pallas) in Argentina
Author
Werenkraut Victoria
Baudino Florencia
Roy Helen E.
Keywords
Abstract
The harlequin ladybird (Harmonia axyridis) was introduced in numerous countries around the world as a biological control agent but nowadays it is considered as a pest itself. It is a highly invasive species that has negative impacts on native biodiversity, may affect some crops, and causes a nuisance to humans. Despite its relevance worldwide, the invasion by H. axyridis in South America has received little attention. Here we used a citizen science approach to study the distribution of H. axyridis in Argentina where the species was intentionally introduced in 1986. We also informally tested and evaluated the preferences for different methods for reporting records: iNaturalist website, Google form, email, WhatsApp, and Facebook. Most records were reported through WhatsApp and iNaturalist. We found that H. axyridis is widely distributed in Argentina but there are large gaps, particularly in arid regions. The invasion seems to be recent in the south of the country. Citizen science is a valuable tool for mapping invasive alien species in a large country like Argentina, and will help to monitor the continuous expansion of H. axyridis.
Year of Publication
2020
Journal
Biological Invasions
Volume
22
Number of Pages
2915-2921
Date Published
oct
ISSN Number
1573-1464
URL
DOI
10.1007/s10530-020-02312-7
Research themes
Download citation
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ESSENTIALAI-STEM
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Page:Aurora Leigh a Poem.djvu/221
Rh He echoed,—‘Me! You sound it like a stone Dropped down a dry well very listlessly, By one who never thinks about the toad Alive at the bottom. Presently perhaps You’ll sound your ‘me’ more proudly—till I shrink.
Lord Howe’s the toad, then, in this question?’ ‘Brief, We’ll take it graver. Give me sofa-room, And quiet hearing. You know Eglinton, John Eglinton, of Eglinton in Kent?’
‘Is he the toad?—he’s rather like the snail; Known chiefly for the house upon his back: Divide the man and house—you kill the man; That’s Eglinton of Eglinton, Lord Howe.’ He answered grave. ‘A reputable man, An excellent landlord of the olden stamp, If somewhat slack in new philanthropies; Who keeps his birthdays with a tenants’ dance, Is hard upon them when they miss the church Or keep their children back from catechism, But not ungentle when the aged poor Pick sticks at hedge-sides; nay, I’ve heard him say ’The old dame has a twinge because she stoops: ’That’s punishment enough for felony.’’
‘O tender-hearted landlord! May I take My long lease with him, when the time arrives
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M.I.A.'s Tweets Reveal Messy Custody Battle « 101.9 AMP Radio
Though M.I.A. and former fianc Ben Bronfman split in early 2012, the aftershocks of the breakup are still being felt. Wednesday (March 13), the Sri Lankan singer/rapper posted a series of tweets calling out Bronfman, who is reportedly trying to gain full custody of their four-year-old son, Ikhyd Edgar Arular Bronfman. The three tweets, which have since been deleted but are viewable via Spin, found M.I.A. livid over the possibility of Bronfman and his family getting custody of their son. BEN, she first tweeted, you can take my son away from me The mother . Just because you have money doesnt mean you have the right. She went on to claim that despite wanting full custody of the child, the Bronfmans never see Ikhyd, and that every child needs the MOTHER. Read more at Radio.com Please log in using one of these methods to post your comment: You are commenting using your Twitter account. ( Log Out / Change ) You are commenting using your Facebook account. ( Log Out / Change ) You are commenting using your Google+ account. ( Log Out / Change ) Connecting to %s Notify me of new comments via email. Notify me of new posts via email. Listen Live
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NEWS-MULTISOURCE
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Luciano Giorgi
Luciano Giorgi (born 21 May 1940) is an Italian politician who served as President of the province of Grosseto (1970–1980) and Senator (1992–1994).
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WIKI
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Wikipedia:WikiProject on open proxies/Archives/Unblock/2011/February
<IP_ADDRESS>
User talk:<IP_ADDRESS> seems to be saying they are not using an open proxy. Beeblebrox (talk) 19:28, 8 October 2010 (UTC)
* Comment - yeah, the ISP seems to be 1 & 1 Internet, i strongly doubt that this is an open proxy as i'm familiar with 1 & 1 Internet Services. - Dwayne was here! ♫ 18:59, 10 October 2010 (UTC)
* I agree with Zzuuzz's proposal on the user talk of the above editor. The IP should get an account, and then ask for IP block exemption. The range block on 1&1 should be kept in place. A Google search for <IP_ADDRESS>/18 brings up some past infelicities from that range. The block log for the range may be viewed at . EdJohnston (talk) 15:16, 23 October 2010 (UTC)
* opblocked -- This IP is covered by a long-term rangeblock placed by User:Zzuuzz, and there is no reason to lift it. EdJohnston (talk) 22:26, 8 January 2011 (UTC)
<IP_ADDRESS>
Says IP (currently in rangeblock) has been reassigned and is no longer open. Daniel Case (talk) 14:43, 23 October 2010 (UTC)
* There is a /19 rangeblock in place on this range since 2006. The provider seems to be OVH, and a Google search for OVH brings up some bad news, for instance this forum post about spam from the range <IP_ADDRESS>/16. Checking the contributions from from the wider /16 range I see mostly vandalism since July 1. I don't know what port to use to check whether the actual IP cited in this report is an open proxy. I hope somebody will look into whether extending the rangeblock to cover the entire /16 is reasonable. In this thread the OVH company is trying to defend their reputation. A Google search for OVH sas france open proxy gets a number of hits. EdJohnston (talk) 16:27, 23 October 2010 (UTC)
* A glance through the contributions of the /16 shows a very high proportion of banned users and open proxy-type edits, and whether open or not they are almost all web servers and VPNs. I turned down this IP's request - it resolves to stegosaure.linux-fr.net (stego- as in..). It's running ssh and other server services, and seems therefore to be an anonymising proxy or VPN. Using it as a proxy seems completely avoidable. -- zzuuzz (talk) 16:39, 23 October 2010 (UTC)
* opblocked Open proxy or web server. EdJohnston (talk) 18:28, 18 December 2010 (UTC)
<IP_ADDRESS>
* Says in unblock request that no one can connect outside of LAN, which user believes to be secure. Daniel Case (talk) 17:29, 31 January 2011 (UTC)
* Unfortunately, the blocking admin did not leave any clues as to the specific proxy behaviour s/he found. I can't connect to the server at all at the moment, so I can't really say one way or the other. Sailsbystars (talk) 19:01, 31 January 2011 (UTC)
* This is the IP address of http://tnp.dyndns.org. Open that web site and click on 'network usage.' Dyndns and Squid certainly muddy the waters. Google finds one open proxy report from five months ago. Seems like this could be a network admin for a set of 11 machines who is experimenting with setting up services on his router. I left a question for this editor at User_talk:<IP_ADDRESS>. If there is no response in a reasonable time, the unblock request should be cleared. I would not have done the block on this much evidence, but we can't exonerate the guy either. EdJohnston (talk) 05:04, 3 February 2011 (UTC)
* Can you actually access it? I haven't been able to get it to show anything period despite several attempts. I'm with you that the evidence here is not strong enough to block nor unblock. However shortening the duration of the block from 3 years to 6-12 months would probably be sensible as it's on a cable provider and the IP will likely shift in that period of time..... Sailsbystars (talk) 05:21, 3 February 2011 (UTC)
* You can't open http://tnp.dyndns.org? EdJohnston (talk) 05:33, 3 February 2011 (UTC)
* I think it's serving on 8080, not 80. (Courtesy of http://www.yougetsignal.com/tools/open-ports/). EdJohnston (talk) 05:57, 3 February 2011 (UTC)
* Yeah, I can't open the web link, I get a timeout error. When I try to connect on 8080 instead I get connection reset. My attempted port scans of ports 1-100 get host down errors. Very strange. Sailsbystars (talk) 12:24, 3 February 2011 (UTC)
* I notice from the search results than it ran Tor for a short time, over four months ago, and that it has also hosted a personal wiki. I'm inclined to agree with Ed that it's a closed and private IP for the most part, but would be interested to hear their response to Ed's questions. Asking them to temporarily close any open ports is also a useful strategy in such cases. -- zzuuzz (talk) 13:05, 3 February 2011 (UTC)
* notaproxy, unblocked. -- zzuuzz (talk) 18:50, 13 February 2011 (UTC)
<IP_ADDRESS>
* Says it's not an open proxy. Daniel Case (talk) 18:47, 13 February 2011 (UTC)
* Hesitant to unblock. Procseebot is usually very effective at detecting open proxies and the detection was recent (about a month ago). Furthermore, it was previously a proxy in 2008 . It's not currently open under the block rationale or earlier proxy listing, but I think we need to carefully examine the range which may harbor a proxy on a relatively dynamic IP. Sailsbystars (talk) 18:56, 13 February 2011 (UTC)
* (ec)It was apparently open for a few days in January. I agree the access proxy may have moved around the range, but I've opted for the benefit of the doubt and unblocked it. A month is a fairly long time for an exit IP - they move around as well. -- zzuuzz (talk) 19:13, 13 February 2011 (UTC)
* There is also a remarkable amount of good contributors on the range (and no sign of another proxy that I could find), so it's probably best to unblock. Sailsbystars (talk) 20:33, 13 February 2011 (UTC)
* notaproxy -- zzuuzz (talk) 23:09, 13 February 2011 (UTC)
<IP_ADDRESS>
User:Avicennasis in #wikipedia-en-unblock stated that it's his IP, he "as changing my Tor config to update Tor_Exit_Node_Configuration and /mistakenly/ removed the entry to block Wikipedia." and has since corrected the issue. See User talk:<IP_ADDRESS>. Thanks, Snowolf How can I help? 19:36, 18 February 2011 (UTC)
* declined Nothing we can do for the IP other than IPBE for the account, however the user appears to be editing again so the mistake may have already worked itself out. -- zzuuzz (talk) 20:22, 18 February 2011 (UTC)
* For the record, the IP is still blocked - I have just switched to my backup ISP for now. :-/ Does the tor block expire? Avic ennasis @ 21:01, 14 Adar I 5771 / 18 February 2011 (UTC)
* Presumably the Tor directory, then the Torblock cache should update themselves soon. -- zzuuzz (talk) 21:52, 18 February 2011 (UTC)
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WIKI
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File:Jaffa borders.png
Summary
Red line: current border (as of 2022); green line: historic border (as of 1944).
Sources:
* Map data by OpenStreetMap
* File:Map Jaffa Tel Aviv Compiled, drawn and printed by the Survey of Palestine 1944 2366983.jpg
* File:Map Jaffa Tel Aviv Compiled, drawn and printed by the Survey of Palestine 1944 Sheet 2.jpg
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WIKI
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Class: Aws::TranscribeService::Types::ListLanguageModelsResponse
Inherits:
Struct
• Object
show all
Defined in:
gems/aws-sdk-transcribeservice/lib/aws-sdk-transcribeservice/types.rb
Overview
Constant Summary collapse
SENSITIVE =
[]
Instance Attribute Summary collapse
Instance Attribute Details
#modelsArray<Types::LanguageModel>
A list of objects containing information about custom language models.
Returns:
1047
1048
1049
1050
1051
1052
# File 'gems/aws-sdk-transcribeservice/lib/aws-sdk-transcribeservice/types.rb', line 1047
class ListLanguageModelsResponse < Struct.new(
:next_token,
:models)
SENSITIVE = []
include Aws::Structure
end
#next_tokenString
The operation returns a page of jobs at a time. The maximum size of the list is set by the MaxResults parameter. If there are more language models in the list than the page size, Amazon Transcribe returns the NextPage token. Include the token in the next request to the operation to return the next page of language models.
Returns:
• (String)
1047
1048
1049
1050
1051
1052
# File 'gems/aws-sdk-transcribeservice/lib/aws-sdk-transcribeservice/types.rb', line 1047
class ListLanguageModelsResponse < Struct.new(
:next_token,
:models)
SENSITIVE = []
include Aws::Structure
end
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ESSENTIALAI-STEM
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How Great Thou Art (Elvis Presley album)
How Great Thou Art is the eighth studio album by American singer and musician Elvis Presley, released by RCA Victor in February 1967. How Great Thou Art is a gospel album with slow numbers on one side, and fast-paced numbers on the flipside. The album earned Presley a Grammy Award for Best Sacred Performance, while it became a Billboard top 20 pop hit and it appeared on the Top Country Albums chart on the top 10.
After the initial success of his films and their respective soundtracks, Presley's movie career began to decline by the mid-1960s. Due to the continued success of his previous gospel recording, His Hand in Mine (1960), and the fact that his 1965 single of "Crying in the Chapel" -- a leftover from the 1960 album sessions -- became an unexpected major hit, RCA accepted Presley's proposal of a follow-up release. The tracks were recorded in May 1966, and produced by Felton Jarvis with the accompaniment of the Imperials and the Jordanaires.
Following its February 1967 release, How Great Thou Art was certified gold by the Recording Industry Association of America (RIAA). The recording was promoted with a radio special on Palm Sunday that featured its tracks. Subsequent reviews praised Presley's album while its certification was updated to multiple platinum by 2010.
Background
In March 1960, at the end of his career in the United States Army, Elvis Presley returned to recording music. That year, his release Elvis is Back! reached number 2 on the Billboard Top Albums chart, while it topped the UK Albums Chart. Meanwhile, the release of the soundtrack of his film G.I. Blues (1960) topped both Billboard's Top Albums and the UK Albums Chart.
Presley's manager, Colonel Tom Parker, shifted the focus of the singer's career to acting. Presley preferred dramatic roles, but after the flop of Flaming Star (1960) and Wild in the Country (1961) the use of his music in films increased. Presley's next film, Blue Hawaii (1961), became a box-office success, while its soundtrack topped Billboard's Top Albums Chart for 20 weeks. Parker decided to shift the business model to produce films that would sell soundtracks, while the soundtracks would in turn promote the films. Consequentially, Presley stopped recording non-album soundtracks. Presley grew increasingly unhappy with the quality of the songs, as well as the plots of the films in which he starred. By 1965, Presley's box-office earnings started to decline.
Production
Concurrent with his box-office earnings decline, Presley was insisting that RCA work on a new gospel album, but his requests were rejected each time. As Presley's records failed to match his earlier albums' profits, his 1960 gospel album His Hand in Mine sold well. Meanwhile, the April 1965 release of "Crying in the Chapel," recorded during the His Hand in Mine sessions, reached number 3 on the Billboard Hot 100 chart. RCA and Parker reconsidered Presley's idea and they arranged the date for the next recording sessions. The recordings would be Presley's first non-soundtrack album in more than two years, and the production was assigned to Felton Jarvis, marking his first collaboration with Presley. Chet Atkins, producer and manager of Nashville's RCA Studio B, assigned Jarvis because of Presley's preference to record at night.
To prepare his voice, Presley worked with members of his entourage -- Charlie Hodge and Sonny West -- at Graceland. Together they reviewed the material that Presley's publisher Hill & Range sent, but they settled on recording songs that Presley liked that were not owned by the company. Presley requested that the label hire singer Jimmy Jones to appear on the album, but he could not be located by Parker's assistant nor Hill & Range's representative Freddy Bienstock. Presley's management then hired the singer's favorite gospel quartet: The Imperials, led by Jake Hess. Additionally, the Jordanaires and a backing group that consisted of Millie Kirkham and two other female session backup singers completed the vocal section. According to the Jordanaires, member Ray Walker suggested that Presley record the song "How Great Thou Art" based on the success of George Beverly Shea's recording that was used on Billy Graham's events. Meanwhile, Presley's assistant Charlie Hodge claimed Presley decided to record the song after he played version by Sons of the Pioneers for Presley. The selected songs that were in the public domain were rearranged to meet requirements to register the copyright by Presley's management.
The recording of How Great Thou Art took place in May 1966. On the first day, May 25, 1966, Presley practiced the songs with the backup singers on the piano. After two hours, he started the first take of "Run On." Presley sang the song using the same vocal techniques the Golden Gate Quartet used on their performances of the song. The first number took seven takes, then Presley moved to the title-track. How Great Thou Art was recorded in four takes. Jerry Schilling, a friend of Presley who was present at the session, remarked that after the last take the singer was "drained" and that he "almost fainted." He continued with the traditional song Stand By Me, which Presley had difficulty singing. Jarvis worked with him repeating the takes several times so Presley could use the vibrato needed to reach the falsetto range. After the eleventh take, Presley moved to a number often sung by Hess, Where No One Stands Alone. The next day, they recorded So High, Farther Along and In the Garden. The third night of recording, May 27, was set to be the last one for the album since the Imperials were scheduled to leave for the start of their Canadian tour. Presley recorded If the Lord Wasn't Walking by My Side as a duet with Hess. Additionally, the session produced Somebody Bigger Than You and I, Without Him, and Where Could I Go But to the Lord. The production of the record placed the slower numbers on the A side while the B side was dedicated to faster-paced songs. As Crying in the Chapel had not yet appeared on an album release, the slow-tempo song was included as a bonus track to close the B-side. The album cover featured the church and steeple of the First Church of Christ of Sandwich, Massachusetts.
Release and reception
How Great Thou Art was released in February 1967. Billboard qualified the release as "great," while the review remarked that the songs pointed to the where Presley "got his style of singing." Meanwhile, Cashbox felt that Presley sang the tunes in a "feelingful, sincere manner." The St. Petersburg Times called it a "considerable success," while The News Journal considered it Presley "at his versatile best." The Courier-Post felt that the songs of the A-side were "good," but that Presley "fails" on the flipside. The reviewer concluded that How Great Thou Art was "good listening," and that Crying in the Chapel presented Presley in "near his best." Journal & Courier wrote that the album was "well sung," while El Paso Times mentioned Presley's transition from "teenage to later pop," and it considered the style of the album "smooth and acceptable." The album reached number 18 on the Billboard 200 and number seven on the Top Country Albums chart. On March 19, 1967, on Palm Sunday, Parker made a deal for the album to be played on 276 stations across the United States, while in cases six stations on the same area joined the program. Parker gave three minutes for the sponsoring of local charities to the announcers of each station and a national spot for the Red Cross during the broadcast. The same year, on December 3, Parker included songs of the album in a similar Christmas broadcast that comprehended 2,000 stations. By February 1968, the album was certified gold by the RIAA.
In March 1968, at the 10th Annual Grammy Awards, the album won the category for Best Sacred Performance,and was Presley's first win at the Grammy Awards. By the following decade, the title-track became part of his usual repertoire in concerts. One 1974 performance, for the album Elvis Recorded Live on Stage in Memphis, would also win the Grammy for this category, as would his 1972 album, He Touched Me. All three Grammys won by Presley during his lifetime were for his gospel/sacred recordings.
In August 1977, James Blackwood sang (with the Stamps) the How Great Thou Art at Presley's funeral. In 1988, RCA reissued the record on compact disc. The RIAA certification for How Great Thou Art was updated to platinum on March 27, 1992. In 2008, Sony Music released a remastered version of How Great Thou Art that included three bonus tracks. In 2010, the Presley collector label Follow That Dream released a version that also contained all the outtakes from the recording sessions. The same year, the album certification was upgraded to 3× Platinum on October 13.
The Rolling Stone Album Guide rated the release with five stars out of five. The publication remarked the "splendid" vocal support that Presley received, as the guide hailed as " effective on the dramatic." MusicHound rated it with three-and-a-half bones out of five. Allmusic gave the release four stars out of five. Critic John Bush remarked the "different conceptions" that each side of the record offered: The reviewer considered the opening "very high church" and traditional, while he praised the flipside as "a far more exciting proposition" with the use of "rocking" or "swinging pianos" with " breakneck tempos."
2010 Follow That Dream reissue
* Disc One
* Disc two
Personnel
* Elvis Presley – vocals; piano on 2008 reissue bonus track "You'll Never Walk Alone"
* The Jordanaires – vocals
* The Imperials – vocals
* Millie Kirkham – vocals
* Dolores Edgin – vocals
* June Page – vocals
* Boots Randolph – saxophone
* Rufus Long – saxophone
* Scotty Moore – guitar
* Chip Young – guitar
* Charlie McCoy – guitar, bass, harmonica
* Pete Drake – pedal steel guitar
* Floyd Cramer – piano
* David Briggs – piano, organ
* Henry Slaughter – piano, organ
* Bob Moore – double bass
* Henry Strzelecki – double bass
* D. J. Fontana – drums, tambourine
* Buddy Harman – drums, timpani
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WIKI
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