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230 the World has none : And if the Waves run too high, let them roll off your Carkass, and your Fortune, but there's no Necessity your Mind should be driven with them.
XV. A Lamp unless you put it out, holds it Light, and shines without interruption : And can you find in your heart to see your Honesty sink in the Socket, to out-last your Sobriety , and let your Virtue be extinguish'd before you ?
XVI. When you fancy any one has Tranfgress'd, say this to your self. How do I know 'tis a Fault ? And granting it is, it may be his Conscience has corrected him. And if so, he has given himself a sowr Box on the Ear : Besides, you are to remember, that to wish an ill Man should not do Amiss, is just as wise as it would be to desire an unripe Fig should not tast of the Tree; that Children should not squaul in the Cradle, nor Horses Neigh, nor a great many other Things Act according to the necessity of their Condition. Pray, how would you have a Man of such an unfortunate Disposition behave himself? If you believe the Case may be remedied, and are such a Doctor at his Disease, do so much as cure him.
XVII. If 'tis not Decent never do it, if 'tis not true, never speak it; let this always be your Rule. | WIKI |
Cynthia Chin-Lee
Cynthia Chin-Lee (born 1958) is an American children's book author.
Early life
Chin-Lee was born and raised in Washington, D.C. Her father, William Chin-Lee, was a doctor and her mother, Nancy Chin-Lee, was an artist. She was the youngest of five siblings. In the 6th grade she started writing. "I liked writing poetry and scribbling in my journal because I found it comforting and therapeutic. I still write for that reason and because I like playing with words."
Career
Chin-Lee is mostly known for being a children's book author and speaker. A magna cum laude graduate of Harvard University and member of the Society of Children's Book Writers and Illustrators, Chin-Lee has given numerous keynote speeches and has led workshops for schools, universities and professional associations. Chin-Lee has worked with a number of illustrators including You Shan Tang, Yumi Heo, Enrique O. Sanchez, Megan Halsey, Sean Addy and Lea Lyon. Chin-Lee started her writing career in the field of banking and tech. She currently works as a publications manager at Oracle.
Books
Chin-Lee has written several award-winning books; of the eight, seven are books for children. An advocate for civil rights and anti-discrimination, Chin-Lee enjoys sharing stories of truth and wisdom to help children face the challenges of racism, sexism, and homophobia.
* It's Who You Know: The Magic of Networking in Person and on the Internet
Chin-Lee as a well-known networking consultant provides a how-to guide on expanding one’s personal network in both the digital and physical world with reliable tips and recommendations.
* Almond Cookies and Dragon Well Tea
This a story of a cross cultural friendship where Erica (European American) visits the home of her Chinese American friend, discovering that their homes aren't too different after all.
* A is for Asia
An alphabet book that introduces the diversity of foods, holidays, traditions and cultures within Asia. Native languages are also included for the descriptions for each letter.
* A is for the Americas - co-authored with Terri de la Peña
Including 48 different countries and 11 language groups, this book gives insight of different cultural aspects of North, Central and South America.
* Amelia to Zora: Twenty-six Women Who Changed the World
This book contains a brief biography for each of the twenty-six women who have changed the world in multiple fields such as sports, politics, the sciences and the arts. Each biography explains the hardships and triumphs of each woman. Amelia to Zora has been translated into French (title: A comme Amelia) by Nouveaux Horizons, ARS, Paris 2014.
* Akira to Zoltán: Twenty-six Men Who Changed the World
This sibling book to Amelia to Zora, Akira to Zoltan shows men who have pursued their dreams, challenged themselves and changed the world. From Akira Kurosawa, Japanese filmmaker to political leaders such as Nelson Mandela, this book profiles some of the world's most influential men and their contributions.
* Operation Marriage
The story is about eight-year old Alex and her best friend Zach, who ended his friendship with her because Alex's parents were not legally married. At that time gay marriage was allowed in California, but the controversial Proposition 8 later banned gay marriage. However, before it passed, Alex with her younger brother Nicky persuaded their mothers, Mama Kathy and Mama Lee to get legally married. Sarah Hoffman, author of the Pink Boys, writes "Operation Marriage is an honest, insightful, and touching story illustrating the many ways that lack of marriage equality impacts kids' lives."
The book won a Moonbeam award under the category of Compassion in 2012. The story has been made into a short film directed by Quentin Lee.
* Women and the Right to Vote
The year 2020 brings the centennial celebration of the Nineteenth Amendment to the U.S. Constitution, which granted women the right to vote. That victory was the hard-won result of a difficult fight waged over many decades by women from all walks of life, this book is about them.
Awards
* Amelia Bloomer List
* Texas Association for the Gifted and Talented Legacy Award, all for Amelia to Zora.
* National Council on Social Studies/Children's Book Council Notable Children's Book in Social Studies.
* "Best 100 American Children's Books of the Century" by "Ruminator Review.
* Moonbeam Children's Book Awards for Compassion. | WIKI |
Prince Kaguya
Prince Kaguya (プリンス・カグヤ) is a Japanese musical based on the fictional prose narrative, The Tale of the Bamboo Cutter. It was premiered on November 28, 2015, at the Hakuhinkan Theater in Tokyo, where its functions were held until December 6. Between December 12 and 13, three functions were held at the Matsushita IMP Hall, Osaka. It starred Shouta Aoi, Masato Saki, Yūki Fujiwara, Nozomu Masuzawa and Naomi Akimoto. The main theme is "Murasaki" sung by Shouta Aoi. Despite being based on a classic story, the work incorporates aspects of modern culture and Kaguya's gender was changed from female to male.
Plot
The story starts with a woman named Aoi sending her newborn son to Earth while being chased by enemies who want to kill them. The baby is found in a bamboo forest by an elderly-childless couple, Maru and Akahoshi. Sora, a zashiki-warashi who lives in the old couple's house, acts as storyteller throughout the play. The couple follows the note from Kaguya's mother, which asks them to raise Kaguya as a girl instead of a boy in order to guarantee the child's safety. Years later, Kaguya has grown into a beautiful and kind-hearted teenager. He lives his life as a woman, although his true masculine nature occasionally comes to light, resulting in numerous comic satires. Kaguya wants to do something for the people of his village and, following Sora's idea, he decides to become an idol using "Luna" as his stage name. Luna quickly becomes popular and gains many fans, although one of them becomes obsessed with Kaguya and tries to kill him. The attack results in a fire that triggers Kaguya's memories. It's revealed that he was the first child of the Moon's Emperor by his second wife, and that he was blessed with the unusual power of lightning struck and rain every time he cried. The Emperor's first wife, jealous of Aoi, tricked her husband to give an order to kill Kaguya. However Aoi managed to protect her son, in the end sacrificing herself.
Kaguya manages to save everyone from the fire using his power to call the rain and he becomes even more famous. His fame reaches the ears of the Emperor, who summons Kaguya in order to sing a song for him. On his way to meet the Emperor, Kaguya meets San, a young man who tries to commit suicide because he has just lost his mother on his way to the capital. Kaguya convinces San to keep on living and San is captivated by Kaguya's desire to make others happy. After the Emperor is pleased by Kaguya's song, many men of upper class ask for his hand in marriage, but Kaguya entrusts them to make impossible searches that inevitably all of them end up failing. San also joins the quest, but manages to win over Kaguya's heart by expressing his desire to make people happy with the help of Kaguya's voice and singing. San then becomes his manager and the pair decides to go on a long journey, where Luna holds a concert in every place they pass by.
As Kaguya and San start to develop romantic feelings for each other, two of the men who were rejected by Kaguya hold a grudge against him and they discover his powers. Both men tell the Emperor that he had been tricked by Kaguya all along, making him angry and causing him to order his people to find and kill Kaguya. At the same time, Sora tells Kaguya that Akahoshi was seriously ill and he insists on going to see her no matter how dangerous it may be, so he "disguises" himself as a boy. After Akahoshi's death, an afflicted Kaguya reunites with San, to whom he reveals he's a Prince and his true identity as a man. Before San can even answer, they are found by the Emperor and his men, although they managed to escape. Both fall exhausted in a forest, where Kaguya realizes San has been wounded. Kaguya meets with Sora and learns that Maru has also died, telling him that he will also go with them and saying goodbye to Kaguya forever. Kaguya accepts his decision with great pain.
After saying goodbye to Sora, Kaguya is surprised by the Emperor and his men. San comes quickly to his rescue, but Kaguya stops him from fighting and urges him to flee instead; however, San refuses to escape alone and accepts his destiny to die alongside Kaguya. When both are prepared for a certain death, people of the Moon descend and defeat the men, thus saving Kaguya and San. A celestial being tells Kaguya that he must return to where he belongs, as he is needed. San begs Kaguya not to leave, since he and the country also needed him. However, Kaguya has already made the choice to go to his mother's country, coming to the conclusion that Earth already had San for its protection. After an emotional and painful farewell, San promises to wait for the day when both are reunited and can be together again. In turn, Kaguya expresses his love for San as he leaves. The act ends with San shouting inconsolably the name of Kaguya towards the Moon.
In the modern era, a street singer with the appearance of Kaguya called Shouta Aoi sings the song Kaguya used to sing, “Ai no Uta”, but discouraged that no one is listening to him, he decides to leave. At that moment he is stopped by a man in a suit, possibly a talent scout or manager, who looks exactly like San and is captivated by the song. The man tells Aoi they could make people happy with their music; an emotional Aoi accepts his proposal to join him. The play ends with Aoi singing, implying that they are Kaguya and San reincarnated in another life.
Characters and cast members
* Shouta Aoi as Kaguya (カグヤ), Prince of the Moon. He also plays the role of Kaguya's mother, Aoi, and a fictional version of himself inside the play.
* Masato Saki as San (or Sun／サン), Kaguya's love interest. His feelings for Kaguya don't change even after discovering that he is actually a man.
* Yūki Fujiwara as Sora (ソラ), a zashiki-warashi who lives in the old couple's house and acts as storyteller of the play. It's later revealed that Sora is actually the spirit of the deceased son of Maru and Akahoshi.
* Nozomu Masuzawa as Maru (マル), a bamboo cutter and Kaguya's adoptive father.
* Naomi Akimoto as Akahoshi (アカホシ), Maru's wife and Kaguya's adoptive mother. Her name means "Red Star".
The play also features actors Bob, Atsushi, Ryou Shigezumi, Takao Sasaki, Kazuya Naraki (who also acted as choreographer), Shougo Amo, Ken Hashimoto, and Kazushi Takahashi in supporting roles.
Theme songs
MURASAKI
* Lyrics : RUCCA / Composer : Noriyasu Agematsu / Arrange : Junpei Fujita
Ai no Uta(哀唄)
* Lyrics & Composer : Shouta Aoi / Arrange : Hitoshi Fujima | WIKI |
Church of St. Peter and St. Paul, Pabianice
The Church of St. Peter and St. Paul is a Lutheran church and a historical landmark in the town of Pabianice in central Poland. Constructed in the early nineteenth century to cater to the spiritual needs of the growing Protestant population of the rising industrial town, the church now serves a small Lutheran community in what is a predominantly Catholic area. Since 2010 the church has been the seat of the bishop of the Lutheran Diocese of Warsaw.
History
The Lutheran parish in Pabianice was established in 1818, but religious services had been held in the town since 1803 in a chapel of the sixteenth-century fortified manor. The growing number of Protestant settlers in the 1820s created the need to erect a new church for the community. The government of Congress Poland approved the project in 1821, and while preliminary work ended in 1827, problems with foundations in the marshy ground necessitated further works before the church could be consecrated in 1832. The final blueprints were those of Franciszek Reinstein with amendations by Jan Zille. The church was then rebuilt between 1875 and 1876, one of the main motives for this being expansion. The building could then accommodate 1000 people, but by 1904 the population of the parish reached twelve thousand (fourth largest in Russian Poland), which made it necessary to hold both morning and evening services. In 1945 the church was plundered and remained a property of the Communist state until 1948, when it was returned to the local Lutherans.
The Church of St. Peter and St. Paul became a listed building in 1948 and figures as an immovable heritage object in the Polish heritage register (no. 64-IV-12 from 23 March 1948 and A/45 from 29 August 1967).
Architecture
The building has a round shape with an adjoining tower facing the street. The church was constructed in the Neoclassical style, although it acquired some elements of Neo-Renaissance architecture after its reconstruction in the 1870s. That was also when the building gained its contemporary appearance, with the figures of the apostles Paul and Peter on the tower and the hexagonal spire at the top of the roof of the central rotunda.
Notable elements of the interior include a marble baptismal font from 1864 and a painting of Christ by the nineteenth-century Polish painter Wojciech Gerson. | WIKI |
Bio-Additives for Composite Materials
Kathrin Schilling
Published: 25 November 2019
Why Bio-Based Composites?
The debate about replacing plastics has not only deeply affected consumer items, but also advanced material science. While products of daily use such as packaging or single-use items are being phased out at a fast pace, technologically advanced plastics are the focus of diverse new developments. The central idea of both is to replace petroleum-derived raw materials by plant-based or renewable ones. In this context, bio-composites have proven to be a success over the last years.
What does it take to create aircraft or shipbuilding parts, flooring panels or medical implants that ensure high performance and sustainability at the same time? And how can plastic materials be sustainable without multiplying the manufacturing costs? These questions have led to the development of new compounding technologies.
Bio-Additives for Composite Materials
Compounding Methods and Applications
Early-stage composites were compounds consisting of a petrochemical base polymer reinforced with fibers. A wide range of materials has been used: glass, carbon fiber, wood, hemp and finally olive stones or other granules. Engineering solutions have been created to ensure cutting-edge production of such composites and to meet the requirements of diverse markets. Filament lining facilities, extrusion and injection technlologies - just to name a few. Especially wood plastic composite production lines are characterized by a strong output capacity at a reasonable cost. This has made composites sought-after materials for a number of construction and industrial items such as
• deckings (for ships, floors, tarraces, etc.) and roofing panels
• automotive and nautical parts such as hulls and car bodies
• aerospace parts, e.g. aircraft fuselage, wings and interior claddings
• sports equipment, e.g. skis, surfboards, tennis and hockey rackets
• fully biodegradable coffins and funeral urns
• windmill blades, furniture and design objects....and much more.
Bio-Additives for Composite Materials
Over time, the polymer component of composites has frequently been replaced by bio-based resins (sometimes also referred to as thermosets). The constituents of these monumers are derived from renewables, i.e. plants like corn, soybeans or other crops. Growing concerns about minimizing our ecological footprint have led researchers to look at by-product sources. To avoid the need for cultures and any competition with the food chain, alternatives derived from olive stones have been explored with great success. Micronized granules are short fibers with an appealing color, lasting texture and medium density - characteristics that have proven to enhance a series of material properties. Their use in composites is generally two-fold: as a fibre to reinforce conventional polymers or as a resin filler.
Outlook: The Future of Bio-Composites
There is continuous innovation to achieve optimized combinations of resistance, stability, light weight, texture, haptics and other user-centered characteristics with a maximum bio-based percentage. Latest inventions include rubber composites (acrylonitrile butadiene rubber), devulcanized rubber, olive stone filled polypropylene composites, reinforced polysterene composites.
But what are the benefits of fibre-reinforced composite materials? Research has shown that, besides the ecological advantages, the natural fibers allow for faster cooling and curing times during manufacturing. Injection molding times can therefore be significantly reduced, offering cost savings and faster cycles. Other aspects of value are the various ways of creating different surface textures with a natural look. Objects formed of olive stone composites can have an appealing haptic and are easy to coat and color with bio-based agents. Moreover, the relatively low density of fruit stone fillers and fibers can facilitate the production of light-weight composites with ideal resistance and elasticity features. Last but not least, a high percentage of natural constituents enhances recyclability of composites; in other words, resource-saving disposal and ultimately an improved CO2 balance.
Bio-Additives for Composite Materials
According to Composites Manufacturing Magazine, the biocomposite market is expected to grow by 7.9% between 2018 and 2023, generating an estimated revenue of US$7.6 billion . A number of funding opportunities, above all under the EU Horizon 2020 scheme, are available to support innovators in all stages of composite research, development and marketing.
Trends & News | ESSENTIALAI-STEM |
Ostrovsky Institute
Ostrovsky Institute may refer to:
* Russian State Institute of Performing Arts in Leningrad, once called Ostrovsky Leningrad Theatre Institute (or Ostrovsky Institute)
* Uzbekistan State Institute of Arts and Culture in Tashkent, formerly the Ostrovsky Institute, founded in 1945 | WIKI |
James B. Longley Jr.
James Bernard Longley Jr. (born July 7, 1951) is an American politician from Maine. A Republican, he served one term in the United States House of Representatives representing Maine's 1st district from 1995 to 1997.
Biography
Longley was born in Lewiston, Maine, the son of former Independent Governor Jim Longley Sr. and his wife, Helen. Longley attended Phillips Andover Academy. He received his B.A. from Holy Cross, and then returned to study law at the University of Maine. He is also a veteran of the United States Marine Corps.
Early career
Before entering Congress, Longley served as a trial lawyer. He also managed several small businesses near Portland, Maine.
Longley was elected as part of the "Republican Revolution" of 1994, narrowly defeating Dennis L. Dutremble, the Democratic State Senate President from Biddeford, for the seat previously held by Thomas Andrews. Andrews had chosen to run for the United States Senate seat being vacated by Democrat George J. Mitchell.
Longley strongly supported national defense (including the work done in Maine at national defense installations and at Bath Iron Works where Navy destroyers are built) and he advocated in favor of stronger fiscal discipline within the federal government.
Congressional career
In one of his first actions in Congress, he offered testimony before a Congressional committee considering a minimum wage increase. In his testimony he presented the concept of cutting taxes paid by minimum wage workers to provide a greater increase in their take home pay. He pointed out that minimum wage increases cause small businesses to not only pay more in wages (hurting the businesses and forcing them in some cases to cut jobs and reduce their workforce to make up for wage increases) but that cutting the payroll taxes would actually increase the employees take home pay by a larger amount than raising the overall minimum wage. Longley noted in his testimony that minimum wage increases cause businesses, as well as employees, to pay more in federal taxes through employee percentage withholding and the business match of payroll taxes. He then accused the Democrats on the committee of only seeking a minimum wage increase to increase tax revenues for the federal government – a backdoor tax increase on American small business, he claimed. Democrats on the committee accused him of wanting to harm his constituents, led by a rant from Congressman Pete Stark, who was gaveled down by the Chairman for being out of order after Stark made reference to how they would use the issue against him in the next election. Longley's idea did not succeed.
He quickly became a prime target of the Democratic Party during the 1996 election cycle, and lost by almost 10 points to then-Portland Mayor Tom Allen. In the race labor unions and left leaning groups spent millions of dollars in a coordinated effort to defeat him. It was the largest effort of its kind on behalf of a Democratic candidate (or in opposition to an incumbent Republican) within the nation during the 1996 election cycle. Of course, smaller, but similar, sums were spent by business and professional organizations, and right-leaning special interest groups, in a coordinated effort to defend the seat. Longley is the last Republican to represent Maine's 1st congressional district as of 2022.
Campaign for governor
In 1998, Longley campaigned for Governor and was defeated by popular incumbent Angus King, an independent. Longley came in second place and received 19% of the vote. | WIKI |
Cemig's Q2 Earnings Up Y/Y; Miss Estimates - Analyst Blog
Brazil-based integrated electric utility, Companhia Energetica de Minas Gerais ( CIG ), also known as Cemig, reported its financial results for second quarter 2013 on Aug 14, 2013. Net earnings in the quarter were R$617 million ($299.5 million), up 2% year over year.
Earnings per share were R$0.64 or 31 cents per ADR, up 1.6% year over year but were roughly 47.5% below the Zacks Consensus Estimate of 59 cents per ADR.
Revenues
Cemig generated net revenue of R$3,439 million ($1,669.4 million) in the second quarter 2013, down 1% compared with the year-ago revenues. The decline can be attributed to fall in sales to end customers, declines in TUSD (tariff for use of the distribution system), revenues from Transmission network and construction revenues.
Electricity sold by Cemig in the quarter increased 2.3% year over year to 14,901 GWh.
Expenses/Income
Cemig's operational costs and expenses in the quarter totaled R$2,658 million ($1,290.3 million), up 6% year over year. The expenses soared because of higher expenses on post-retirement benefits, materials costs, and purchased energy costs, among others. While few others, including royalties, charges for use of basic transmission network, among others fell on a year-over-year basis.
EBITDA grew 3% year over year to R$1,252 million ($607.8 million) in the quarter. EBITDA margin was 36.4% versus 35.1% in the year-ago quarter. Operating margin in the quarter came in at 22.7% compared with 27.5% in the year-ago quarter.
Balance Sheet/Cash Flow
Exiting the second quarter 2013, Cemig's cash and cash equivalents slipped 20.1% sequentially to roughly R$2,041 million ($1,020.5 million). Long-term debts declined 13.6% sequentially to R$2,284 million (US$1,024.2 million).
Cemig generated R$1,566 million ($760.2 million) cash flow from operating activities, up 95.3% year over year. A drastic increase was witnessed in spending on addition of fixed and intangible assets; while capital expenditure in the quarter were R$2,349 million ($1,140.3 million) compared with R$427 million in the year-ago quarter.
Cemig is one of the largest integrated electric utilities in Brazil with approximately 97% of the company's installed generation capacity being hydroelectric power. The stock currently has a Zacks Rank #4 (Sell).
Other stocks to watch out for in the industry are Huaneng Power International, Inc. ( HNP ), with a Zacks Rank #1 (Strong Buy), while Alliant Energy Corporation ( LNT ) and UNS Energy Corporation ( UNS ) carry a Zacks Rank #2 (Buy).
CEMIG SA -ADR (CIG): Free Stock Analysis Report
HUANENG POWER (HNP): Free Stock Analysis Report
ALLIANT ENGY CP (LNT): Free Stock Analysis Report
UNS ENERGY CORP (UNS): Free Stock Analysis Report
To read this article on Zacks.com click here.
Zacks Investment Research
The views and opinions expressed herein are the views and opinions of the author and do not necessarily reflect those of Nasdaq, Inc.
The views and opinions expressed herein are the views and opinions of the author and do not necessarily reflect those of Nasdaq, Inc. | NEWS-MULTISOURCE |
Dave Kleiman
Dave Kleiman (22 January 1967 – 26 April 2013) was an American computer forensics expert, an author or co-author of multiple books and a frequent speaker at security related events.
Craig Steven Wright claims Kleiman was involved in the invention of Bitcoin, and that Wright himself was Satoshi Nakamoto, Bitcoin's main inventor. Wright's claims were subject to litigation in London, where it was subsequently declared he is not Satoshi Nakamoto, did not write the Bitcoin white paper, nor wrote the Bitcoin software.
Background
At the age of 21 in 1988, Kleiman was named United States Army Soldier of the Year. He received the Army Achievement Medal and a commendation signed by the Secretary of the Army. The commendation said in part, "Appearance, knowledge of general military subjects, current events and other subjects covered coupled with your strong dedication to duty, never failed to produce anything but outstanding results."
After distinguished service in the Army, Kleiman returned to his hometown and became a sworn law enforcement officer for the Palm Beach County Sheriff's Office (PBSO). In 1995, a motorcycle accident left him paralyzed, requiring the use of a wheelchair. After his recovery, he continued working at PBSO and attained the rank of detective. He also worked as a System Security Analyst in the Computer Crimes Division and helped configure the Computer Forensics Lab. Kleiman went on to work at a number of high tech companies before becoming a partner in a computer forensics business. Kleiman died in his home in late April 2013, seemingly of natural causes related to complications from a MRSA infection.
Computer security & cryptography
Some of Kleiman's most notable work took place at S-doc (Securit-e-doc, ) where his role was Chief Information Security Officer. While there he developed a Windows encryption tool that surpassed NSA, NIST, and Microsoft Common Criteria Guidelines. This technology was used at NASA, U.S. Dept. of Treasury, Office of the Inspector General, and the US Post Office. Cryptography was routinely used at S-doc to develop several products, broadly aimed at the reliable and verifiable transmission of data and messages, centered around the idea of an "unalterable, encrypted audit log system".
Kleiman was also a regular contributor to cryptography and security mailing lists where discussions included technical aspects of cryptosystems and the politics of cryptography. Kleiman was a long-time member of the same Metzdowd Cryptography mailing list where Satoshi Nakamoto first announced Bitcoin on Oct. 31, 2008.
Kleiman held the following certifications: Information Systems Security Management Professional (ISSMP), Information Systems Security Architecture Professional (ISSAP), Certified Information Systems Security Professional (CISSP), Certified Information Forensics Investigator (CIFI), Certified Information Security Manager (CISM), Certified Anti-Terrorism Specialist (CAS), Certified Computer Examiner (CCE), a Microsoft Certified Systems Engineer (MCSE).
For multiple years, Kleiman was awarded Microsoft MVP for Windows – Security.
Alleged Bitcoin involvement
In December 2015 Gizmodo reported that Dave Kleiman may have been involved in the invention of the digital currency Bitcoin, based on documents sent to the press concerning Craig Steven Wright's claim to be Satoshi Nakamoto, the inventor of bitcoin. Wright repeated the claim to The Economist in May 2016. Wright's claims were struck down after litigation in London in March 2024, as he was declared to not be Satoshi Nakamoto.
In February 2018, Dave Kleiman's brother Ira, the executor of his estate, initiated a lawsuit in the U.S. District Court for the Southern District of Florida on behalf of the Kleiman estate against Wright over the rights to between 550,000 and 1,100,000 bitcoins, claiming Wright defrauded the estate of bitcoins and intellectual property rights. The estate alleged that Kleiman was one of the early bitcoin pioneers and worked with Craig Steven Wright on its establishment as a cryptocurrency.
Following a three-week trial in late 2021, a jury entered a verdict in favor of Kleiman's estate but awarded him only $100 million in damages, far less than the more than $25 billion that Kleiman's estate had sought at trial.
Publications
* Co-author: Microsoft Log Parser Toolkit; Syngress Publishing; ISBN 1-932266-52-6
* Co-author: Security Log Management: Identifying Patterns in the Chaos; Syngress Publishing; ISBN 1-59749-042-3
* Technical editor: Perfect Passwords: Selection, Protection and Authentication; Syngress Publishing; ISBN 1-59749-041-5
* Technical editor: Winternals Defragmentation, Recovery, and Administration Field Guide; Syngress Publishing; ISBN 1-59749-079-2
* CD and DVD Forensics: Technical Editor, ISBN 1-59749-128-4
* How to Cheat at Windows System Administration: Contributing Author, ISBN 1-59749-105-5
* Enemy at the Water Cooler: Real Life Stories of Insider Threats, Technical Reviewer, ISBN 1-59749-129-2
* Rootkits for Dummies: Technical editor, ISBN 978-0-471-91710-6
* Windows Forensic Analysis Including DVD Toolkit: Technical Editor, ISBN 1-59749-156-X
* The Official CHFI Study Guide (Exam 312-49): Main author, ISBN 1-59749-197-7 | WIKI |
You Are What You Eat! Use These Diet Plans To Shed Excess Pounds!
Anyone can commit to losing weight successfully by having a plan. This guide will supply you with great weight loss tips you can use to help you greatly on your journey. Stick to your weight loss plan, even if you find it hard and frustrating.
Eliminating red meat consumption is a great way to help you lose weight if you want to diet. There are high amounts of cholesterol and saturated fat in red meat which harms your heart. Try to avoid red meats and instead, eat lean meats like chicken or turkey, as well as a variety of fish.
A great starting point to weight loss is to choose water instead of other drinks that you may consider. It has zero calories compared to the many piled on from drinking sugary soda and juice. Water, however, is calorie-free. An added bonus to water is that it makes you feel full, reducing your hunger cravings.
Egg Whites
Eating only the egg whites and throwing away the yolk of the egg is a great way to drop a few pounds. Egg yolk does have its own benefits but if you don’t want all the fat in your diet it’s best to skip it. Egg whites offer a terrific source of protein.
Get a friend to be your exercise partner. Having a friend around can make exercising seem less like a chore and more like a sociable event. You and your companion can motivate each other while you workout. You’ll be having such a good time while exercising that you will feel motivated to lose more weight.
It is imperative that you keep an account of the calories you eat every day. You can do this by counting the calories consumed at each meal and calculating your daily caloric needs. Anyone can use calories to determine how much food should be eaten for each meal everyday.
One great exercise that promotes weight loss is climbing the stairs. It may seem like very little, but it can help you to burn calories that would not have otherwise been burned if you had opted to take the elevator.
Skip escalators and elevators for the stairs. Skip the elevator, even for one floor. While this seems like it isn’t that big of a deal, you get a good workout when using the stairs. Your health will improve and your weight will drop. Once walking upstairs is easy, move up to running, carefully.
Shedding pounds is not easy to do, but you can do it. If you follow the advice laid out here, achieving your goals will be that much easier. You will want to stop trying but stay with it. | ESSENTIALAI-STEM |
Frequently Asked Questions (FAQS) About Fittings
Posted by SSP Team | 12/3/20 4:43 PM 0 Comments
At SSP Fittings Corp., we are a premier manufacturer of tube, pipe, weld, and adapter fitting solutions. Throughout our nearly 100 years in business, we have received a wide variety of questions from customers about fittings. Here, the SSP team provides answers to several of these frequently asked questions (FAQs).
What is the difference between tube fittings and pipe fittings?
As their name may imply, tube fittings are specifically designed for use with tubes, while pipe fittings are designated for use with pipes. Many people use the terms “tube” and “pipe” interchangeably. While the two have some similarities, they are distinct product groups. Here are the main distinctions:
• Tubes are round, hollow components identified by outside diameter (OD) and wall thickness (WT). They are utilized for pressure equipment, mechanical, and instrumentation system applications.
• Pipes are round hollow components identified by the nominal pipe size (NPS), which provides a rough estimate of the conveyance capacity. They are generally used for fluid distribution and transportation applications.
To explore the differences in specifications and designs between tube and pipe fittings, check out our dedicated pages for these fitting types below:
What pipe fitting thread types are available and how do they seal?
Pipe fittings come in a variety of threads types and sizes. Some of the most common thread types are National Pipe Tapered/Straight (NPT/NPS), Male/Female Iron Pipe (MIP/FIP), British Standard Pipe Tapered/Straight (BSP(T)/BSP(S)), and National Unified Special (UNS).
Are tube fittings interchangeable?
To interchange means that the nut and ferrule(s) combination from one brand can be assembled with the body of a compatible brand, and vice-versa, to produce a working, leak-tight fitting. Whether a tube fitting is interchangeable or not will depend on if a brand has specified and certified that their fittings will be compatible with the other brand. Check with the manufacturer to see if they offer resources on the interchangeability of their products – you can find SSP’s guide to interchanging and intermixing our components with those from Swagelok®, Parker Hannifin®, and Hoke® here.
What are the different types of pipe fittings?
There are many different types of pipe fittings, each of which serves a different role in their end systems. Some of the most common types available are elbows, reducers, couplings, unions, adapters, plugs, caps, and valves.
What is the difference between male and female pipe fittings?
When talking about pipe fittings, the terms “male” and “female” refer to the threads. Male pipe fittings feature threads on an outer surface, while female pipe fittings have the threads on an inner surface.
What are socket weld fittings?
Socket weld fittings feature recessed areas designated for pipe insertion. Once the pipes are properly inserted into the fitting, the assembly undergoes welding to join the pipe to the fitting. These fittings are generally used for pipes with small diameter (NPS 2 or smaller).
What is a coupling pipe fitting?
Coupling pipe fittings are short and straight pieces of pipe with sockets or female pipe threads at either or both ends. They allow for the joining of two pipes of equal or dissimilar sizes to help extend or end pipe runs.
How do I figure out my fitting size?
Determining the right fitting size for tubing systems and piping systems necessitates measuring the pipe/tube appropriately. Fittings for male pipes/tubes are based on the measurement of the outside diameter (OD) of the pipe/tube, while fittings for female pipes/tubes are based on the measurement of the inside diameter (ID) of the pipe/tube.
For tubing systems, once you have the measurement in hand, it is relatively easy to select the right tubing fitting. For example, for a 1/2-inch tube, you need a 1/2-inch fitting.
For piping systems, identifying the right size fitting is more involved. Pipe sizes are indicated in terms of nominal diameter rather than actual diameter. As a result, once you have the actual pipe diameter measurement in hand, you need to use a nominal diameter conversion chart to determine the nominal diameter measurement.
Here is a tubing and pipe sizing chart for reference:
Tubing vs Pipe FAQ Size Reference Chart
Choose SSP for Your Fittings
At SSP, our primary goal is to be the installer’s supplier of choice.
We take pride in the exceptional attention to detail and service that we provide to each and every customer and production, even beyond the completion of a project. Our global network of distributors offer personalized, local support, and we are proud to provide products made in America.
Explore our fittings solutions portfolio by clicking here.
Have any other general questions about fittings that we didn’t answer here? Contact us and we’ll be happy to help!
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Topics: Fittings
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India, Thailand, Mexico: Your Monday Briefing
Asia and Australia Edition (Want to get this briefing by email? Here’s the sign-up.) Good morning. Hope in Thailand, protests in Hong Kong and two tragedies in India. Here’s what you need to know: • In Hong Kong, about 50,000 people marched to observe the anniversary of the territory’s return to China from Britain. It was one of the lowest turnouts since the march was first held in 2003. Many in the Hong Kong believe that its freedoms and relative autonomy promised when Britain handed it over in 1997 are dying. “Justice is no more,” one demonstrator said. “Freedom has changed.” In a first, this year’s march called explicitly for the end of one-party rule in China. _____ • A glimmer of hope in Thailand. Rescuers desperately trying to reach a dozen boys, ages 11 to 16, and their soccer coach in a flooded cave complex near Chiang Mai used huge pumps to enable divers to place guide ropes and oxygen tanks along the route to a cavern where the group might be. It was the first real progress for the rescue effort, which has involved hundreds of people from some 20 government agencies and half a dozen nations. But the boys have been missing for more than a week. _____ • The U.S. has now evacuated at least 11 Americans from China, including one employee from the consulate in Shanghai and two from the embassy in Beijing, since abnormal sounds or sensations were first reported by consulate employees in Guangzhou. The mysterious cases are similar to a wave of illnesses that struck Americans working at the embassy in Havana beginning in fall 2016. The various hypotheses to explain the sounds and sensations the ailing workers have reported include sophisticated electronic eavesdropping or aural harassment, possibly by Russia or China; environmental factors; or even mass hysteria. _____ • In India, two grim tragedies. Eleven members of a single family were found dead near New Delhi. Most were found hanged from the ceiling of their home, blindfolded and gagged. The police released a statement late in the day suggesting some kind of occult practice had been followed. Above, ambulances at the house. And at least 48 people were killed and a dozen more injured in the mountainous state of Uttarakhand after a badly overloaded bus plunged into a gorge in northern India early Sunday, the police said. The death toll was high even in a country where deadly crashes are all too common. _____ • A World Cup shocker. Russia, the lowest-ranked team in the field, beat powerhouse Spain on penalties. Our reporter described the scene: “Stunning finish there as Akinfeev kicks away the last attempt by Aspas. The Russians pour toward him and he dives, fists outstretched into the grass to absorb their love. The crowd has gone absolutely bonkers in here.” Croatia beat Denmark, also on penalties, and will face Russia. Follow our full coverage of the World Cup here. • Australia’s favorite money guru has a new book coming out in September. Scott Pape, the 39-year-old “Barefoot Investor,” told us about the philosophy that made his first book the country’s all-time best-selling nonfiction book: simple security. • Brakes on the Belt and Road Initiative: Chinese companies are pouring less money into the multibillion-dollar campaign, as officials question sovereign borrowers’ ability to repay loans. • The BBC apologized to Carrie Gracie, a senior journalist who quit as China editor this year over unequal pay. The broadcaster agreed to pay for the years she was underpaid. • Celebrity pay cut: Citing the need to curb tax evasion and celebrity worship, Beijing is moving to limit movie stars’ salaries, even as it dreams of making China’s film industry a global force. • “Jurassic World: Fallen Kingdom” hit $932 million in global box office sales, and “Incredibles 2” hit $647 million. The biggest surprise at the North American box office was “Sanju,” a film about the celebrated Indian actor Sanjay Dutt: It made $2.5 million despite being shown in just 356 theaters. • The Trump administration’s first round of China tariffs goes into effect on Friday. That’s one of the business headlines to watch this week. • Here’s a snapshot of global markets. (Hong Kong’s stock exchange is closed.) • In Mexico, voters cast ballots in what may be the nation’s biggest general election ever — and a lead-up that may also have been the most violent. [The New York Times] • North Korea’s weapons programs could be mostly dismantled within a year, John Bolton, the White House national security adviser, said. Experts say the process could take far longer. [Reuters] • “The pain will be beyond endurance.” Anonymous researchers for China say they helped develop a new laser assault rifle whose invisible energy beam can pass through windows half a mile away and cause the “instant carbonization” of human tissue. [South China Morning Post] • A boys’ school in Afghanistan was attacked by militants who beheaded three workers and burned the building. Local officials blamed the Islamic State. [The New York Times] • In Malaysia, reports of that an 11-year-old girl and a 41-year-old man had married caused a furor over marriage laws. [BBC] Tips, both new and old, for a more fulfilling life. • Recipe of the day: Start the week on a high note with a Canadian butter tart. • How to clean your filthy, disgusting laptop. • Learn to make a new city your home. • “Play it again, Issam”: In this Casablanca Dispatch, our correspondent visited Rick’s Café, opened in 2004 by a former U.S. diplomat. More than a homage to the movie “Casablanca,” it’s a testament to the enduring power of art. • Our Afghanistan correspondent met the blind poet Zaheer Ahmad Zindani, a founder of the peace march that reached Kabul last month after a 400-mile slog. His thoughts and poetry focus on the love he lost, and bittersweet images of another life. • In memoriam. Jamsheed Marker, 95, a leading Pakistani diplomat who played a vital role in negotiations over the Soviet Union’s withdrawal from Afghanistan and was the U.N. envoy to East Timor. How are Wimbledon ball boys and girls chosen? As the tennis tournament’s main draw begins today, here’s a look at the selection process. In 1920, Wimbledon became the first tennis tournament to introduce ball boys (girls were not included until 1977). They were initially drawn from a children’s charity, then in later years from local schools. This almost led to a shortage in 1969 when students could not be spared during examinations. The tournament faced “the prospect of the world’s best players having to scurry and stoop to retrieve balls,” as The Times wrote. That would certainly not be an issue today: There are about 700 applicants each year, for 250 positions. Candidates are on average 15 years old and are nominated by their teachers. They must pass several exhaustive written tests about the game’s rules. Next is physical training. Skills like rolling the ball are crucial, and ball boys and girls must do this “with the precision of a champion snooker player.” Once the tournament begins, there are additional challenges. “Being hit with a 120 mph serve is quite memorable,” one coach said. “And it will happen to all of them.” Jillian Rayfield wrote today’s Back Story. _____ Your Morning Briefing is published weekday mornings and updated online. Sign up here to get it by email in the Australian, Asian, European or American morning. You can also receive an Evening Briefing on U.S. weeknights. And our Australia bureau chief offers a weekly letter adding analysis and conversations with readers. Browse our full range of Times newsletters here. What would you like to see here? Contact us at asiabriefing@nytimes.com. | NEWS-MULTISOURCE |
Information Processing in Medical Imaging
Information Processing in Medical Imaging, or IPMI, is a conference held every two years focused on the fields of applied mathematics, computer science, image processing and image analysis (particularly of medical images); applied results in neuroscience, cardiology, and microscopy are also frequently considered. IPMI is the longest standing conference focused on medical images having first met, organized by Dr. Francois Erbsmann, in Brussels in 1969. IPMI 2021 is scheduled to be held in Bornholm, Denmark in June 2021.
History
The Information Processing in Medical Imaging conference – IPMI - was first organized by Francois Erbsmann and collaborators in Brussels in 1969. That first conference was held under the title, “Information Processing in Scintigraphy” as at the time the meeting was focused on restoration of those images derived by nuclear medicine. Since that first instance, the conference has successfully met every two years. The third instance of the meeting, organized by Stephen Pizer and Charles Metz, was its first appearance in the United States and since that occasion IPMI has alternated its venue between the U.S. and Europe. It was the 1977 meeting organized by Randy Brill in Nashville that first used the name IPMI to reflect the broadening community of physicists, mathematicians, computer scientists, and biologists interested in medical image computing in its many manifestations and applications who now contributed to the meeting. Commemorating his contribution as the conference founder, beginning with IPMI 1987 the Francois Erbsmann prize is awarded by the IPMI board each conference to one young investigator for outstanding contribution to the field. This investigator must have given their first oral presentation at the current IPMI.
Standing with tradition, IPMI includes a single track of presentations on novel methodology wherein speakers are allotted sufficient time to describe their contributions in thorough detail. Discussions following each presentation have no time-limit permitting stimulating debate and resolution of any questions or comments regarding the work, alternatives to it, additional possible applications, etc. Further, the paper associated with each presentation is assigned a study-group of attendees in advance rendering a portion of the community prepared to provide real time peer discussion in high technical detail. Study groups often pair younger researchers with field experts encouraging an exchange of experience and new ideas. Often, discussions and debates are continued through meals and social activities uniting the community through vigorous evaluation of avant-garde developments in medical imaging. To permit such depth the conference is limited to a maximum of 120 participants.
Reflecting its focus on depth and community, IPMI is often held in a relatively small and sometimes remote location. Attendees are accommodated together in collective housing in campus or university dorms, meals are typically enjoyed together by the entire community, and by a string of luck IPMI conferences have thus far been held in close proximity to a bar open sufficiently late to host continued scholarly debate. Further, IPMI fosters collaboration through its several social functions including the traditional soccer match and activities that take advantage of the typically remote setting.
For its tradition, intellectual value, and community building IPMI is a conference that many attendees very much look forward to.
Past IPMI Proceedings
The proceedings of the conference including all papers accepted for presentation are published by Springer in the series titles, "Lecture Notes on Computer Science" and "Image Processing, Computer Vision, Pattern Recognition, and Graphics." Some proceedings available online include those from the following years:
1983 1987 1989
1991 1993 1995 1999
2001 2003 2005 2007 2009 2011 2013 2015 2017 2019 2021
Past Francois Erbsmann Prize Winners
1987 (Utrecht, The Netherlands): John M. Gauch, University of North Carolina, Chapel Hill, NC, USA.
J.M. Gauch, W.R. Oliver, S.M. Pizer: Multiresolution shape descriptions and their applications in medical imaging.
1989 (Berkeley, CA, USA): Arthur F. Gmitro, University of Arizona, Tucson, AZ, USA.
A.F. Gmitro, V. Tresp, V. Chen, Y. Snell, G.R. Gindi: Video-rate reconstruction of CT and MR images.
1991 (Wye, Kent, UK): H. Isil Bozma, Yale University, New Haven, CT, USA.
H.I. Bozma, J.S. Duncan: Model-based recognition of multiple deformable objects using a game-theoretic framework.
1993 (Flagstaff, AZ, USA): Jeffrey A. Fessler, University of Michigan, Ann Arbor, MI, USA.
J.A. Fessler: Tomographic reconstruction using information-weighted spline smoothing.
1995 (Brest, France): Maurits K. Konings, University Hospital, Utrecht, The Netherlands.
M.K. Konings, W.P.T.M. Mali, M.A. Viergever: Design of a robust strategy to measure intravascular electrical impedance.
1997 (Poultney, VT, USA): David Atkinson, Guy's Hospital, London, UK.
D. Atkinson, D.L.G. Hill, P.N.R. Stoyle, P.E. Summers, S.F. Keevil: An autofocus algorithm for the automatic correction of motion artifacts in MR images.
1999 (Visegrad, Hungary): Liana M. Lorigo, Massachusetts Institute of Technology, Cambridge, MA, USA.
L.M. Lorigo, O. Faugeras, W.E.L. Grimson, R. Keriven, R. Kikinis, C.-F. Westin: Co-dimension 2 geodesic active contours for MRA segmentation.
2001 (Davis, CA, USA): Viktor K. Jirsa, Florida Atlantic University, FL, USA.
V.K. Jirsa, K.J. Jantzen, A. Fuchs, J.A. Scott Kelso: Neural field dynamics on the folded three-dimensional cortical sheet and its forward EEG and MEG.
2003 (Ambleside, UK): Guillaume Marrelec, INSERM, France.
G. Marrelec, P. Ciuciu, M. Pélégrini-Issac, H. Benali: Estimation of the hemodynamic response function in event-related functional MRI: directed acyclic graphs for a general Bayesian inference framework.
2005 (Glenwood Springs, Colorado, USA): Duygu Tosun, Johns Hopkins University, Baltimore, USA.
D. Tosun, J.L. Prince: Cortical surface alignment using geometry driven multispectral optical flow.
2007 (Kerkrade, The Netherlands): Ben Glocker, Technische Universität München, Garching, Germany.
B. Glocker, N. Komodakis, N. Paragios, G. Tziritas, and N. Navab: Inter- and intra-modal deformable registration: continuous deformations meet efficient optimal linear programming.
2009 (Williamsburg, VA, USA): Maxime Descoteaux, NeuroSpin, Saclay, France
M. Descoteaux, R. Deriche, D. Le Bihan, J.F. Mangin, C. Poupon: Diffusion Propagator Imaging: Using Laplace's Equation and Multiple Shell Acquisitions to Reconstruct the Diffusion Propagator
2011 (Kloster Irsee, Germany): Hubert Fonteijn, University College London, London, UK.
H. M. Fonteijn, M. J. Clarkson, M. Modat, J. Barnes, M. Lehmann, S. Ourselin, N. C. Fox, D. C. Alexander: An Event-Based Disease Progression Model and Its Application to Familial Alzheimer's Disease
2013 (Asilomar, California, USA): Hervé Lombaert, McGill University, Montreal
H. Lombaert, J. Sporring, K. Siddiqi: Towards Diffeomorphic Spectral Matching of Cortical Surfaces
2015 (Isle of Skye, Scotland, UK): Joseph Dagher, University of Arizona
J. Dagher: A Joint Acquisition-Estimation Framework for MR Phase Imaging
2017 (Boone, North Carolina, USA): Thomas Schlegl, Medical University of Vienna
Thomas Schlegl, Philipp Seeböck, Sebastian Waldstein, Georg Langs: Unsupervised Anomaly Detection with Generative Adversarial Networks to Guide Marker Discovery
2019 (Hong Kong): Sara Garbarino, Université Côte d’Azur
Sara Garbarino and Marco Lorenzi: Modeling and Inference of Spatio-Temporal Protein Dynamics Across Brain Networks
2021 (Virtual, Bornholm, Denmark): Kristen Campbell, University of Utah
Kristen Campbell, Haocheng Dai, Zhe Su, Martin Bauer, Tom Fletcher, Sarang Joshi: Structural Connectome Atlas Construction in the Space of Riemannian Metrics
2023 (Bariloche, Argentina): John Orlando Kalkhof, TU Darmstadt
John Orlando Kalkhof, Camila Gonzalez, Anirban Mukhopadhyay: Med-NCA: Robust and Lightweight Segmentation with Neural Cellular Automata | WIKI |
A Comedy of Errors, or How to recover (hopefully) from overwriting an entire system (part 2)
Part 1 contains the setup for this. Basic recap:
need to recover reformatted RAID 6 containing LVM with 4 partitions (/, /opt, swap, /data) on single VG/single PV.
After I stopped panicking and got a hot beverage, I started googling for how to deal with this. I came across TestDisk, which is a very power piece of software for recovering data from hard drives in various states of distress.
I needed a boot disk (since I’d overwritten that…), and TestDisk has a list of various ones. I chose Alt Linux Rescue, somewhat randomly, and pulled down the ISO. I used dd to put the ISO on a USB stick from my Mac:
dd if=/path/to/downloaded/rescue.iso of=/dev/<disk number of USB stick> bs=1M
Then I went to the server, crossed my fingers, and (finally) convinced it to boot from the USB stick. (BIOS/EFI on Dell Rx20 vintage servers are a pain. Rx30 BIOS/EFI are soooo much better, not to mention a LOT faster). Note that the server booted in BIOS mode as we are stick in the muds and haven’t moved to EFI. #sysadmins.
I used the first option on the Rescue boot screen, which is Rescue LiveCD. This boots up without mounting any disks it findsregular-rescue
Note, I was unable to get the DHCP selection (seen above) to work on this system.
After booting, I ran TestDisk. TestDisk has excellent documentation, which I am liberally cadging from here. I started by selecting Create a log file.
I then chose the RAID array from the list of disks and selected Proceed.
partition_table_type
Fortunately, it automatically recognized the partitioning as GPT and I was able to run Analyze on it.menus
At that point, it of course came back with the list of new partitions the kickstart had created. It did give me the option to do a Deeper Search. At this point I began to despair, because the Deeper Search, while finding all sorts of (possible?) partitions, was moving at a rather glacial rate. Do not despair at this point! I let it run for about 15-30 minutes and then gave up, hitting the Enter key to stop the search.
Let me say that again (since I didn’t figure it out until the second time around):
HIT THE ENTER KEY TO END THE DEEPER SEARCH.
This will NOT quit the program and lose the list, as hitting, oh, ESC or Cntl-C or what have you will. It will drop out to interactive, where you can press p to list the data on a theoretical partition. It helps at this point to know what the format of the partition and about how large it was.
In my case, I had a list of possible partitions a mile long, so I started at the top and went through them, pressing p to see what was there (typically nothing) and then q to return to the list of partitions. Note, if you press too often, it will drop out of the partition list and you’ll have to do the scan again. Nothing will be lost, at least.
When I discovered a partition, I wrote down the start and end, and then returned to the partition list and used right arrow to change that partition from Deleted to Primary.
I did NOT inspect any of the LVM partitions I found. This is key (and surprising).
The first partition I found, naturally, was /. I then found /opt, ignored the swaps, and went looking for the big /data partition (~23.5TB). That, however, was formatted xfs, and TestDisk can’t list files on XFS. So that was a guessing game. There were two XFS partitions. However, one of them started immediately after the end of the /opt partition I found (remember that writing down the Start and End?), so I took a gamble and chose that one to change from D to P.
Taking a deep breath after I had found the 3 partitions I cared about, I pressed Enter to proceed to the next step, which looks sort of like this:
menu_write
I selected Write to write the recovered partition structure to disk. TestDisk told me I would have to reboot for the change to take effect. I backed out through the menus and attempted recovery on the SSD. Unfortunately, that didn’t work. However, since I had a backup of that, I didn’t really care much.
After reboot into TestDisk, I was presented with the option to mount the disks it found either read/write (normal) or read-only (forensic mode). I chose the forensic mode, and it mounted the partitions under /mnt. It indeed had the /, /opt, and /data, all of which had the correct files!
HOWEVER, they were not LVs any more. They had been converted to regular partitions, which was rather nice, since it simplified my life a great deal, not having to try to recover the LVs.
After verifying that it was there after a second reboot (and an aborted attempt to back up the 8TB of data on the disks–24 hrs was far too long on a rebuild I told the user would take a couple of hours), I bit the bullet and imaged the server using the correct kickstart/pxe combination.
At the disk partitioning screen, I was able to confirm that the 3 recovered partitions were present on the RAID6. I changed the mount points, set up the LVMs on the new boot RAID1, and ran the installation.
Unfortunately, it still didn’t boot.
It turns out that Dell PERC raid cards must have a single array designated as boot, and they will not boot if it is not so designated. This was doubly weird, because the MBR stub on the RAID6 was still present, and it kept trying to run grub, only to have (hd2,0) identified as the only one with a grub.conf on it.
Fix was in the BIOS (ok, fine UEFI console) under Integrated Devices->Dell PERC H710->Controller Configuration. Selected the third array, and I was in business!
After the fresh install booted up, my 3 recovered partitions were mounted where I had designated them in the installer.
A Comedy of Errors, or How to recover (hopefully) from overwriting an entire system (part 1)
Here’s hoping this’ll help someone else.
Yesterday, I was tasked with rebuilding the OS on a server that is fairly important and holds a lot of data that the developers who run it take responsibility for backing up.
Normally, we would toss rebuilds over to a less senior member of the team, but because of the abnormal requirements, my boss gave it to me to do.
In our environment, we typically nuke and pave servers when we rebuild them. Generally all data is kept on shared storage, so no big deal. In this case, the developers wanted to build their own storage. Fine, sez us, buy a Dell R720xd, and we’ll put our standard Scientific Linux 6.x build on it, and have fun. This was a few years ago, and I had specced it out with 8 4TB 7200RPM SAS drives and no separate boot drives to hit their budget number. (mistake #1)
But a few days ago, one of them had too much fun, and managed to torch the rpm database. My boss worked on it for several hours, and we came to the conclusion it needed to be rebuilt. Enter me. I backed up the logging SSD with a few hundred gigs of data on it, backed up the one directory in /opt that the dev said they needed, and the dev told us not to bother backing up the 8TB of data in the 24TB partition of the RAID6 that held both OS and data. The dev assured us he had taken a backup last night.
My plan was to put in a couple of new drives in the R720xd and put the OS on those, and then later expand the /data partition over the old OS partitions (/boot, /, swap, and /opt)
We image servers using pxe and kickstart, and with a few exceptions, our kickstarts set up to erase the MBR, create new partitions, and put LVM volumes on them before starting the install. We have a few outliers which are set up to ignore a certain drive, or to do manual partitioning.
What we didn’t have was a Scientific Linux 6.7 kickstart that did either. So I copied over a 6.6 one, did a search/replace for 6.6/6.7, and had me a 6.7 normal kickstart. Copied that, commented out all the formatting/erasing lines, and Bob’s your uncle.
When I went to change the pxeboot files, that’s where I ran into trouble. My coworker who used to maintain this stuff recently left, and I was a titch fuzzy on how to set up the pxeboot stuff. So I copied over a 6.6, did the same thing as above, and I figured I was good. Here’s where I screwed up. In my manual partitioning pxelinux.cfg for 6.7, I forgot to actually call the manual partitioning kickstart. DUR.
I fire off the deployment script and wander out to the datacenter to do the manual partitioning. To my horror, I see the script erasing /dev/sdc, /dev/sdd, /dev/sde… and creating new LVMs. I hit ctl-alt-del before it started writing actual data to the drives, but not before it had finished the repartitioning and LVM creation.
So to recap:
Server had 4 LVMs set up for / (ext4), /opt (ext4), /data (xfs, and that’s the important one) and swap on a hardware RAID 6, set up with GPT on a single physical volume, single volume group.
The kickstart overwrote the GPT table and then created /boot, and new LVMs (/, a very large /opt, swap) in a single physical volume/single volume group. It also overwrote the SSD (separate volume) and probably the new disks I put in for the OS.
Realizing that recovery from the backup of /data was possibly a non-starter, my boss and I decided the best thing for me to do was try to recover the data in place on the RAID 6.
On to part 2… | ESSENTIALAI-STEM |
Peter L. Harrison
Peter L. Harrison is an Australian marine biologist, ecologist, and a Professor at Southern Cross University, Australia, as well as the founding director of the Marine Ecology Research Centre. His specialty is coral reproduction ecology and larval restoration.
Coral spawning research
While conducting his PhD at James Cook University in Townsville in 1981, Harrison worked with a small group of other researchers that first discovered Mass Coral Spawning. This occurred after the monitoring of hundreds of corals and during night dives at Magnetic Island, where the team observed millions of coral sperm and eggs filling the waters around them in a synchronised mass multi-species spawning event. This discovery was the first scientific documentation of a mass coral spawning event. Three years later, in 1984, Harrison and the team published their first paper on the occurrence. One of his primary research focuses on coral and reef restoration and developing larger-scale coral larval restoration projects. This work aims to use millions of coral larvae to restore damaged reefs in the Philippines and on the Great Barrier Reef.
Recognition
Harrison and the team were awarded a Eureka Prize for Environmental Research in 1992 for their discovery of mass coral spawning on the Great Barrier Reef. Harrison led a United Nations funded mission to assess the impacts of the first Gulf War on the coral reefs of Kuwait, and has a new coral species discovered in the Arabian Gulf named after him (Porites Harrisoni). Peter has been appointed to the Australian Government’s Threatened Species Scientific Committee, serving on the committee from 2005 to 2015. A sculpture of Peter Harrison was created by Jason deCaires Taylor for the Museum of Underwater Art as part of the Ocean Sentinels above the surface exhibition in 2022.
Publications
Harrison has published over 200 scientific research papers, reports and books. His work has been cited almost 15,000 times. | WIKI |
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Government and Labor: Taxes and Teamwork
Until the latter 1960's the single purpose of the government seemed to be to ameliorate life in Sweden, not to make society over according to a preconceived socialist formula. The welfare system, to be sure, was rapidly developed to become the most comprehensive in the non-Communist world. The average citizen was provided health benefits covering the whole spectrum of possible ailments. He was assured to maintaining his current high level of living in the event of incapacity, unemployment, or other adversity; he could enjoy old age retirement benefits second to none. He was, in sum, secure. If his high and ever rising personal income became the most heavily taxed in the non-Communist world, so as to enable the state and local governments to meet the costs, what was left still compared favorably with net money wages anywhere else in Western Europe.
The business and industrial enterprises, whose success is imperative to the national well-being, continued to find their tax obligations quite manageable. The Social Democrats in the past have been careful not to kill the goose laying the golden eggs. All firms were accorded a 10% writeoff on taxes if they reinvested the amount in capital improvement or expansion. Furthermore, in the mid-1960's, capital equipment could be depreciated 30% the first year, 100% in 5 years. While in the early years of Social Democratic rule the writing down of depreciation allowances on buildings was extended over 10 years, the period was down to 23 years in the early 1970's. A high-ranking research official in the powerful Swedish Employers Confederation recently demonstrated how a corporation that calculated precisely the right rate of growth, the right rate of return, and the right composition of investment could effectively avoid paying any taxes. To demonstrate the validity of his proposition, he showed how several enterprising corporations were able dramatically to reduce their tax obligations. For example, the huge motor vehicle producer Volvo probably pass only an effective 20% annual tax.
Recognizing that some profit motive—at least the creature comforts that extra money can buy—was a needed inducement even to the more socially attuned entrepreneurs, the Social Democrats have in the past taken care not to eliminate it entirely. The personal income of the rich was indeed heavily taxed. The upper range executive with a monetary income of US$1,300 a month in the mid-1960's would immediately have about 45% deducted in direct (graduated) taxes, and the personal inheritance tax at this level was just about confiscatory. The availability of reasonably priced consumer goods and services, however, helped to compensate. If he could not save very much money or pass on an amount of any significance to his children, the successful executive could still enjoy a comfortable apartment, a country home, a small yacht, an expensive automobile, and a vacation in the south of Europe. Similarly, moderately successful business and professional people as well as a
8
APPROVED FOR RELEASE: 2009/06/16: CIA-RDP01-00707R000200090017-8 | WIKI |
User:ConstructionEnthusiast
I have drilled several wells. It's hard work but someone's got to do it!
I really enjoy nature and working with my hands. My job in construction and mining is my first love, besides my dog buddy! :) | WIKI |
Page:The Cambridge History of American Literature, v3.djvu/307
George Ade; George M. Cohan 289 their plays, even though they saw what good results followed the publication of British and Continental drama. Rather iid they prefer to see their plays converted by some literary iggler into a novel, with the dialogue embedded in narrative id explanatory matter furnished by others. Long before any of the plays of Belasco, Broadhurst, Klein, Walter, and others wipre printed, they were thus "novelized" and read by a fiction public. But the custom is abating somewhat in favour of re- taining the integrity of the play form. The use of a college theme first undertaken by George Ade in The College Widow (20 September, 1904) was imitated by William De Mille in Strongheart (30 January, 1905) and by Rida Johnson Young in Brown of Harvard (26 February, 1906) ; and George Ade carried to the stage the newspaper humour which reflected so well the national characteristics celebrated by Eugene Field, Peter Finley Dunne, and Ade himself, the one humorist who builded in the theatre better than any of his brotherhood before him. For the kind of satirical fun one saw in The Sultan of Sulu (Wallack's Theatre, 29 December, 1902), The County Chairman (Wallack's Theatre, 24 November, 1903), The Sho-Gun (10 October, 1904), and The College Widow (20 September, 1904) had a national tang which transcended the local pride of the Indiana School. His humour bears the same relation toward social things that Mr. Dooley's political vein bears toward national politics. ' In his generous modesty, Ade has always maintained that George M. Cohan, the many-handed wonder of Yankee-doodle-flag farces and Over There music, was more typically American than he. Cohan is the type of manager- plajnvright who has his pulse on the moment ; he grows rich on local allusion. His Little Johnny Jones (7 November, 1904), George Washington, Jr. (12 February, 1906), Forty-five Minutes from Broadway (i^March., I9i2),and The Man Who Owns Broad- way (11 October, 1909) have the tang of the street about them. There is a quality to his music which has been brought nearer the psycho-state of a nervous crowd by Irving Berlin, with nis jazz noises and his syncopated songs. But as a producer, in the sense that Belasco is a dramatist-producer, Cohan shows a genius more serious. His adaptation of Earl Biggers's story, Seven Keys to Baldpate (22 September, 1913), illustrated ' See Book III, Chap. ix. | WIKI |
Wal-Mart expands online grocery delivery via Uber to Orlando, Dallas
Wal-Mart is quietly growing its online grocery pilot, rolling out the service in two more urban markets this week. If you live in Dallas or Orlando, Florida, you will now be able to order your groceries on Walmart.com and have them delivered to your house via Uber, the big-box retailer announced Monday. Until now, the pilot service with Uber had been available in Phoenix and Tampa, Florida. Wal-Mart has also been running its own grocery delivery service in Denver and San Jose, California. "We've been testing delivery in a number of ways for a while now in key markets across the country," Mike Turner, Wal-Mart's vice president of e-commerce operations, said in a statement. "In some areas, we're trying general merchandise deliveries led by associates. In others, we're testing grocery delivery using Walmart trucks and drivers." Just last year, Wal-Mart began testing grocery delivery through services such as Uber. The company also has been testing delivery by its employees, who drop purchases off at customers' homes after a day at work. In its latest earnings report, Wal-Mart management highlighted online grocery as a bright and booming business. CFO Brett Biggs told CNBC last week that the retailer is pleased with what it's been doing in food, and "online grocery continues to grow rapidly." During the second quarter, food categories saw their strongest quarterly comparable sales performance in five years, Wal-Mart said. And digital sales were up 60 percent for the period, fueled in part by the retailer's acquisition of Jet.com last September. More and more retailers and grocers alike are looking to grab a share of the online food market before it's too late. Amazon's AmazonFresh program has been a pioneer, prompting other grocers to consider beefing up their e-commerce business or risk losing sales from consumers who are increasingly in search of quick and convenient options. Instacart has been another big player. The same-day grocery delivery start-up has been growing its list of partnerships with retailers including Whole Foods, Costco, CVS and recently Aldi. Target is also gradually making moves to speed its delivery to shoppers' homes, but the big-box retailer's food business isn't as developed as that of some of its peers. Later this week, shareholders of Whole Foods are set to vote on Amazon's takeover bid. While investors are expected to approve the offer, there are many unknowns regarding how this deal, once completed, might impact the supermarket industry. "The message for all retailers, especially grocers, is simple: Engage with your customers in the manner they want and expect, whether in the digital realm or through traditional channels, or be prepared to lose market share to those that do," said Sam Cinquegrani, CEO of ObjectWave. | NEWS-MULTISOURCE |
User:Stemrv
I am Stefan Morcov.
I am a Computer Software Engineer.
MBA (Tiffin University Ohio). PMP.
I have a PhD in the management of complex IT engineering projects, from KU Leuven University, Belgium.
My passions are IT, project and product management, complexity management, entrepreneurship, marketing, history, SF, AI, strategy, innovation, sailing, guitar.
My website and my publications are here: http://stefanmorcov.com | WIKI |
A Curious Case of Corporate Tango: Aptorum Meets YOOV, and the Echoes of Past Shadows
Yoyo its the OG Ex Wallstreeter,
I stumbled upon something that feels like a deja vu wrapped in a riddle, and I just had to bring it to our forum for a deep dive together. Featuring a biotech company out of Hong Kong named Aptorum Group, and a 'tech' entity known as YOOV. Here's the scoop and why it smells fishier than a market on a hot day.
**Meet Aptorum Group:**
So, there's this biotech firm, Aptorum Group, which, until recently, was just another name among the myriad of companies hustling in the biotech arena. Their claim to fame? Not much, since they haven't really produced anything noteworthy yet. Their trading volume? As low as it gets, with just about 6,000 shares changing hands on an average day with 2.9M shares outstanding(remember this number)
**Then Came the Merger:**
Out of the blue, Aptorum decides to merge with YOOV, another company that's supposedly in the 'tech' business. Hold on to your hats, because this is where things go from 0 to 100 real quick. From a meager 6,000 shares, Aptorum's trading volume exploded to a staggering 82 million shares by the end of trading today. Yes, you read that right. 82 million. That's not just unusual; it's straight-up bizarre. THAT MEANS THE COMPANY TRADED 41 times over today! Reminds me of the sneeze.
**The Plot Thickens and Chukumba Returns:**
Now, here's where it gets really interesting. The merger was underwritten by ATMD, which ties back to a familiar name for those of us who've been around the block - Anthony Chukumba, alongside LOOP Capital. These are the same folks who previously inflated another company's value to astronomical heights, only to watch it plummet back to earth. And let's not forget, LOOP Capital was in the thick of the GameStop saga of 2021, which didn't end too well for them either.
For those of you who don't know Chukumba, he is trash. His favorite quote of mine is "Sell GameStop now, ask questions later"
**Why Does This Matter?**
This whole scenario feels eerily similar to past episodes of market manipulation, where companies' valuations were pumped up like a balloon, destined to burst. It's a great way for them to create capital when all eyes are elsewhere(NYCB). Creation of capital/collateral to help fund Citadels investment into the bank that's ready to burst? We will see. | NEWS-MULTISOURCE |
Tiny Bradshaw
Myron Carlton "Tiny" Bradshaw (September 23, 1907 – November 26, 1958) was an American jazz and rhythm and blues bandleader, singer, composer, pianist, and drummer. His biggest hit was "Well Oh Well" in 1950, and the following year he recorded "The Train Kept A-Rollin'", a song that was pivotal to the development of rock and roll. Bradshaw co-wrote and sang on both records.
Early years
Myron Carlton Bradshaw was born in Youngstown, Ohio, the son of Cicero P. Bradshaw and his wife Lillian Boggess. Bradshaw graduated from high school in Youngstown. After graduating from Wilberforce University with a degree in psychology, Bradshaw turned to music for a living. In Ohio, he sang and played drums with Horace Henderson's campus oriented Collegians. Then, in 1932, Bradshaw relocated to New York City, where he drummed for Marion Hardy's Alabamians, the Charleston Bearcats (later the Savoy Bearcats), and the Mills Blue Rhythm Band, and sang for Luis Russell.
Bandleader
In 1934, Bradshaw formed his own swing orchestra, which recorded eight sides in two separate sessions for Decca Records that year in New York City. The band's next recording date was in 1944 for Manor Records, at which point its music was closer to rhythm and blues. In 1947 Bradshaw recorded for Savoy Records under the auspices of label producer Teddy Reig.
The band recorded extensively for the rhythm and blues market with King Records between late 1949 and early 1955, and had five hits on the Billboard R&B chart. His most successful record at the time was "Well Oh Well", which reached number two on the R&B chart in 1950 and remained on the chart for 21 weeks. Two follow-ups, "I'm Going To Have Myself A Ball" (no. 5, 1950) and "Walkin' The Chalk Line" (no. 10, 1951) also made the chart before a break of almost two years.
What is now Bradshaw's best known recording was "The Train Kept A-Rollin'" (1951) — not a chart hit at the time — which passed from rhythm and blues history into rock's legacy. The song was recorded by Johnny Burnette & The Rock and Roll Trio in 1956 and by The Yardbirds with Jeff Beck in 1965. It was covered again by Aerosmith in 1974 and by Motörhead in 1977. Furthermore, Jimmy Page reported in an interview that the first song played, at the very first rehearsal of what would become the English rock band Led Zeppelin was "The Train Kept A-Rollin'".
Bradshaw returned to the R&B chart in 1953 with "Soft" (no.3), an instrumental later recorded by Bill Doggett, and "Heavy Juice" (no.9). Both of these 1953 hits featured Red Prysock on tenor saxophone.
Bradshaw's later career was hampered by severe health problems, including two strokes, the first in 1954, that left him partially paralyzed. He made a return to touring in 1958. His last session that year resulted in two recordings, "Short Shorts" and "Bushes" (King 5114), which proved an unsuccessful attempt to reach out to the emerging teenage record market.
Weakened by the successive strokes as well as the rigors of his profession, Bradshaw died in his adopted hometown of Cincinnati from another stroke in 1958. He was 51 years old.
Legacy
Bradshaw is remembered for a string of rhythm and blues hits. As a bandleader, he was an invaluable mentor to important musicians and arrangers including Sil Austin, Happy Caldwell, Shad Collins, Wild Bill Davis, Talib Dawud, Gil Fuller, Gigi Gryce, Big Nick Nicholas, Russell Procope, Red Prysock, Curley Russell, Calvin "Eagle Eye" Shields, Sonny Stitt, Noble "Thin Man" Watts, and Shadow Wilson.
Singles
Decca Records
* 194 "The Darktown Strutter's Ball" / "The Sheik Of Araby" (1934)
* 236 "Ol' Man River" / "I'm A Ding Dong Daddy" (1934)
* 317 "Mister, Will You Serenade" / "She'll Be Coming 'Round the Mountain" (1934)
* 456 "Shout, Sister, Shout" / "I Ain't Got Nobody" (1934)
Regis Records
* 1010 "Straighten Up And Fly Right" / "Bradshaw Bounce" (1944)
* 1010 "After You've Gone" / "Salt Lake City Bounce" (1944)
* 1011 "After You've Gone" / "Salt Lake City Bounce" [reissued with the correct number] (1944)
Manor Records
* 1052 "Butterfly" / "Schoolday Blues" (aka P.S. 81 Blues) (1945)
* 1082 "After You've Gone" / "Salt City Bounce" [reissue of Regis 1011] (1945)
* 1147 "V-2" / "I Found Out Too Late" (1946)
* 1149 "Salt Lake City Bounce" / "After You've Gone" [reissued with the correct title] (1946)
* 1181 "Bride And Groom Boogie" / "Six Shooter Junction" (1946)
Savoy Records
* 650 "These Things Are Love" / "I've Been Around" (1947)
* 655 "Take The Hands Off The Clock" / "If I Had A Million Dollars" (1947)
King Records
* 4337 "Teardrops" / "Gravy Train" (1949)
* 4357 "Well Oh Well" / "I Hate You" (1950)
* 4376 "Boodie Green" / "After You're Gone" (1950)
* 4397 "I'm Going To Have Myself A Ball" / "Butterfly" (1950)
* 4417 "Breaking Up The House" / "If You Don't Love Me, Tell Me So" (1950)
* 4427 "Walk That Mess" / "One, Two, Three, Kick Blues" (1950)
* 4447 "Two Dry Bones On The Pantry Shelf" / "Brad's Blues" (1951)
* 4457 "Bradshaw Boogie" / "Walkin' The Chalk Line" (1951)
* 4467 "I'm A Hi-Ballin' Daddy" / "You Came By" (1951)
* 4487 "T-99" / "Long Time Baby" (1951)
* 4497 "The Train Kept A-Rollin'" / "Knockin' Blues" (1951)
* 4537 "Mailman's Sack" / "Newspaper Boy Blues" (1952)
* 4547 "Lay It On The Line" / "Rippin' And Runnin'" (1952)
* 4577 "Soft" / "Strange" (1952)
* 4621 "Heavy Juice" / "The Blues Came Pouring Down" (1953)
* 4647 "Free For All" / "Off And On" (1953)
* 4664 "Later" / "South Of The Orient" (1953)
* 4687 "Ping Pong" / "Powder Puff" (1953)
* 4713 "Don't Worry 'Bout Me" / "Overflow" (1954)
* 4727 "The Gypsy" / "Spider Web" (1954)
* 4747 "Stack Of Dollars" / "Cat Fruit" (1954)
* 4757 "Light" / "Choice" (1954)
* 4777 "Cat Nap" / "Stomping Room Only" (1955)
* 4787 "Pompton Turnpike" / "Come On" (1955)
* 5114 "Short Shorts" / "Bushes" (1958)
Compilation albums
* Breakin' Up The House, Charly R&B #CRB-1092 [LP] (1985); Charly R&B #CD-43 (1987)
* I'm A Hi-Ballin' Daddy, Jukebox Lil #JB-621 [LP] (1989)
* Walk That Mess! The Best Of The King Years, Westside #WESA-824 (1998)
* The EP Collection...Plus, See For Miles #SEECD-703 (1999)
* The Chronological Tiny Bradshaw 1934-1947, Classics (Blues & Rhythm Series) #5011 (2002)
* The Chronological Tiny Bradshaw 1949-1951, Classics (Blues & Rhythm Series) #5031 (2002)
* Breaking Up The House, Proper Pairs #PVCD-101 (2002)
* Well Oh Well: The Very Best Of Tiny Bradshaw, Collectables #COL-2880 (2004)
* Heavy Juice: The King Recordings 1950-55, Rev-Ola #CRBAND-3 (2006)
* The Jumpin' Beat For The Hip Kids 1949-1955, Jasmine #JASMCD-3252 (2023) | WIKI |
Page:The Monk, A Romance - Lewis (1796, 1st ed., Volume 2).djvu/234
know Elvira's opinion of the man whom she had praised in such enthusiastic terms, and was delighted to find it equally favourable, if not even more so, than her own.
"Even before he spoke," said Elvira, "I was prejudiced in his favour; the fervour of his exhortations, dignity of his manner, and closeness of his reasoning, were very far from inducing me to alter my opinion. His fine and full-toned voice struck me particularly; but surely, Antonia, I have heard it before. It seemed perfectly familiar to my ear; either I must have known the abbot in former times, or his voice bears a wonderful resemblance to that of some other, to whom I have often listened. There were certain tones which touched my very heart, and made me feel sensations so singular, that I strive in vain to account for them."
"My dearest mother, it produced the same effect upon me; yet certainly neither of us ever heard his voice till we came to Madrid. I suspect that what we attribute | WIKI |
Olivetti P6066
Olivetti P6066 was a personal computer programmable with a version of Basic owned by Olivetti and integrated in the operating system.
Description
It was identical to Olivetti P6060 in the mechanical design; however, the color (white) and performances were different.
It was an improved version of the P6060, from which it was possible to make an upgrade.
Head of the development was Pier Giorgio Perotto, and the production site was Scarmagno. | WIKI |
Annika Eilmann
Annika Karhu née Eilmann is a Strongwoman and grip athlete from Naantali, Finland. She is renowned as the first woman in history to lift and hold the Dinnie Stones, a pair of Scottish lifting stones located in Potarch, Aberdeenshire.
Annika achieved this feat on 10 June 2019 at a bodyweight of 82 kg. The historical stones are composed of granite, with iron rings affixed to them, and have a combined weight of 332.5 kg, with the larger stone weighing 188 kg and the smaller stone weighing 144.5 kg. She managed to lift the two stones unassisted (without using lifting straps) and held it for 10.31 seconds, for a world record which is unbeaten to-date.
She has also participated in numerous strongwoman competitions including World's Strongest Woman (under 82 kg), OSG Masters, and is also a multiple champion of the Finland's Strongest Woman title.
Personal records
* Dinnie Stones unassisted lift and hold - 332.5 kg stones for 10.31 seconds (World Record)
* One handed Horne handle Deadlift - 203.5 kg (World Record)
* Deadlift - 210 kg
* Axle bar Deadlift - 172 kg
* Squat - 130 kg
* Log press - 80.5 kg
* Axle press - 80 kg
* Block press - 63 kg
* Circle Dumbbell press - 46.5 kg
* Atlas Stone loading (No Tacky) - 147 kg on to a 100 cm platform
* Atlas Stone to shoulder - 105 kg
* Húsafell Stone carry (replica shield) - 152.8 kg for 15 m
* Super Yoke - 320 kg for 10 m | WIKI |
Appendix A: Missing Values
Most databases contain at least some missing data values. The values may be missing due to non availability, non applicability, data processing errors, or even intentional omission. Missing values are also referred to as "N/A" values (for "not available" or "not applicable").
N/A values can also be created as a result of certain analyses. Here are some examples:
• A cross tabulation produces results for every combination of values from the specified grouping columns. If there is no data for certain combinations, those results are N/A. For example, suppose we are analyzing a company's sales. The database shows the details of each transaction, including the product sold, the location in which it was sold, and dollar value of the sale. What we would like to know is the average sale size in dollars for each product in each location, a natural cross tabulation. But suppose that a particular product is not sold in a particular location. The average sale size for that product and location is N/A and shows as blank in the result of the cross tabulation.
• When tables are linked, if a particular row in the current table has no match in the "foreign" table, the row is padded with N/A values. For example, suppose we are looking at employee data and we have two tables that give information about each employee. The first shows the address for each employee and the second shows salary-related information. If we were looking at the address table and linked in the salary table, we would have a table that showed both address information and salary information. But suppose that, for some reason, there is no salary information for a particular employee; the salary for that employee shows as blank (N/A) in the combined table.
• Computed columns can have N/A values. This usually happens when one or more of the referenced columns contain N/As, but certain computations can produce N/A results even if the inputs are not N/A.
Accurate analysis requires understanding the nature and source of N/A values and the appropriate ways of dealing with them. The following sections describe how N/A values are represented in the system and how they are handled in selection and value expressions and tabulations. Some additional techniques for handling such values are discussed as well.
Representing N/A Values
The first thing we should say is that missing values aren't really missing. That may sound like a contradiction in terms, but here is what we mean: When you see a blank value, it isn't that there is no value there at all, rather there is a special value that indicates that meaningful data is missing. The special value may display as blank, but in the database there really is a value. That is why we prefer to refer to a missing value as an N/A value.
Special values are commonly used to represent missing or meaningless data, although different people use different values. The number 999, for example, it often used as a numeric N/A value, especially in a column containing whole numbers. Take the table:
Since it is unlikely that anyone will actually be 999 years old, it is safe to use 999 as the N/A value for age. 999 also has the nice property that it is easily recognizable. Similarly, values like 999.99 or 999.999 are often used for decimal numbers.
In 1010data, we use our own special values. For example, in columns that contain text, we use '' (the empty string). In numeric columns, we use one of two other values, depending on whether the column contains whole numbers or decimal numbers. What these values are isn't really important; what is important is that they are treated differently than other values.
1. They display as blank.
2. They are treated specially in selection and value expressions and tabulations. For example, if a computed column's value expression is col1+col2 and col1 (or col2) is N/A on a particular row, the computed column will also be N/A on that row. (See the following sections about N/A handling in selection and value expressions and tabulations.)
Because the system automatically treats these values specially, we try to use them to represent N/As whenever we can. When loading data into a table, if the source data contains other types of N/A values (999, 999.99, NA, etc.), we usually convert those values into our N/A values. We do not convert such values unless the technical documentation for the data specifically says the values are in fact N/A values or if it is patently obvious that is the case. It is therefore entirely possible that some columns in some tables may contain 999, for instance. Please be aware of this when doing computations; if col1 has 999s in it, and you compute col1+col2, the result may not be terribly meaningful!
Looking for N/A Values
Before using a database, it is only prudent to see how many N/A values there are in various columns. There are many ways of doing this.
You can use row selection to select rows where a particular column is N/A. For example:
Or you can tabulate on the column to get all its unique values and look for N/A in the result.
But perhaps the most convenient method is to use the tabulation summary designed for this very purpose: number of N/As. In a quick summary, this allows you to determine the number of N/As in each of several columns in one operation and, in a tabulation or cross tabulation, to determine the number of N/As for each group. Related summarization methods include number of valid values, number of valid pairs, and number of N/A pairs. | ESSENTIALAI-STEM |
John de Vere, 16th Earl of Oxford
John de Vere, 16th Earl of Oxford (1516 – 3 August 1562) was born to John de Vere, 15th Earl of Oxford and Elizabeth Trussell, daughter of Edward Trussell. He was styled Lord Bolebec 1526 to 1540 before he succeeded to his father's title.
Career
While never of consequence in the Tudor court, the 16th Earl's support for Queen Mary was instrumental in her accession to the throne in 1553, though he was given no preferment by her. During her reign he was active as the principal magnate in Essex. Under Mary, Essex men and women suspected of heresy against Catholicism were brought before Oxford to be charged, and thence conveyed to the Bishop of London for examination. Of his prisoners, at least sixteen were condemned and burnt, beginning with his former servant, Thomas Hawkes, who was burnt at Coggeshall on 10 June 1555. He was followed by Nicholas Chamberlain, William Bamford, and Thomas Ormond. On 28 April 1556, another six men charged by the earl were burnt at Colchester. A seventh, John Routh, was executed on 27 June. Five more prisoners indentured by the earl that year were released, but continued obstinate in their refusal of Catholic practices, and were re-arrested, condemned, and burnt at Colchester on 2 August 1557: William Bongeour, Helen Ewring, William Munt, his wife Alice Munt, and her daughter, Rose Allen.
Family
He married firstly Dorothy Neville, daughter of Ralph Neville, 4th Earl of Westmorland in Holywell, Shoreditch, London on 3 July 1536, secondly and bigamiously Joan Jockey of Earls Colne at White Colne Church, and thirdly, Margery Golding in Belchamp St Paul on 1 August 1548.
Dorothy fled the marriage in about January 1546, citing "'the vnkynde [unkind] dealing of the earl'". In May of that year, de Vere bigamously married one of his mistresses, Joan Jockey of Earls Colne, at White Colne Church. Five men (including a knight and a lord) broke into Oxford's home while he was away and either cut Jockey's nose clean off or cut the "skin at the base of the nostrils into flaps to give her a permanently grotesque appearance", a traditional punishment for "unsocial behaviour". Though Joan Jockey survived the attack, the Earl definitively 'put her away'". In 1585, when attesting to the legitimacy of Oxford's marriage to Margery Golding, members of his household reported that "'all theise women were shaken off by the same Earle ... before the said lady Dorothie dyed'" on "about 6 January 1548, at a parsonage located a half mile from distant Salisbury."
His two marriages produced three children. With his first wife, Dorothy, (d. c. 6 January 1548 ), he had Katherine de Vere, who married Edward Windsor, 3rd Baron Windsor, "and Faith, who died in swaddling clothes". With Margery, he had a son, Edward de Vere, 17th Earl of Oxford, and a daughter, Mary de Vere. Margery died on 2 December 1568. After his death in Oxford, he was buried in Castle Hedingham, Essex, on 31 August 1562.
Cultural pursuits
The Earl was known as a sportsman, and like several noblemen of his day, he retained a company of actors. The troupe, known as Oxford's Men, was retained by the Earl from 1547 until his death in 1562. His circle included the scholar and diplomat Sir Thomas Smith and his brothers-in-law, the poets Henry Howard, Earl of Surrey and Edmund Sheffield, 1st Baron Sheffield, and the translator Arthur Golding. | WIKI |
Bitcoin surges by more than $2,000 in just over a day
Bitcoin rose Wednesday morning along with sharp gains in other major cryptocurrencies. The largest digital currency by market capitalization traded 9.5 percent higher above $8,400 as of 8:12 a.m. ET, according to CoinDesk, whose bitcoin price index tracks prices from four major exchanges. The jump marked a gain of more than $2,000 in just over a day. The gains followed a Senate Banking Committee hearing Tuesday on virtual currencies in which the chairmen of the Securities and Exchange Commission and Commodity Futures Trading Commission emphasized consumer protection without a heavy-handed ban on development of cryptocurrencies. The chairmen also said Treasury Secretary Steven Mnuchin is bringing together several federal agencies to coordinate regulation on the fast-growing industry. Source: CoinDesk Ahead of the hearing, bitcoin fell below $6,000 to $5,947.40, its lowest since Nov. 13, amid a plunge in U.S. stocks. The S&P 500 rallied late Tuesday to close 1.7 percent higher, but stock index futures were pointing to a lower open Wednesday. Other cryptocurrencies traded higher Wednesday morning. Ethereum climbed 5.6 percent to $838, ripple rose 2.3 percent and bitcoin cash gained nearly 4.8 percent, according to CoinMarketCap. On a 24-hour basis, the 15 largest cryptocurrencies by market cap showed double-digit gains, with neo the greatest advancer, up 45 percent. Bitcoin remains nearly 17 percent lower for February and down 39 percent for the year so far. | NEWS-MULTISOURCE |
Opinion | The Dogs of the Vietnam War
Vietnam '67 I would wager that 90 percent of American combat troops killed in action during the Vietnam War never saw their killers. Whether it was a sniper at 200 yards, a rocket fired into a base camp or an attack from a well-concealed bunker complex, the element of surprise was usually on the side of our enemies. But our forces did have one elite weapon that sometimes took the advantage away. At times, these weapons even turned such situations upside down and enabled us to surprise and take them out. That elite weapon was our military working dog, and we had thousands of them. I was a sentry dog handler in Vietnam from 1967 to 1968, a member of the 212th Military Police Sentry Dog Company stationed in Tay Ninh. My companion was a German shepherd named Smokey. I was 20 years old and weighed 135 pounds; Smokey weighed 90 pounds. Our unit’s responsibility was to protect the Tay Ninh Base Camp, and especially the ammunition dump. Smokey and I typically worked at night, 6 p.m. to 6 a.m., but we would also conduct daylight area sweeps when temporarily attached to infantry units. In Vietnam, American forces used dogs for everything from base security to detecting ambushes to hunting down fleeing enemy units. We used German shepherds like Smokey, mixes of shepherd types and Labrador retrievers that were well trained in detecting, attacking and tracking the enemy. They were certainly not all purebreds. Most were given to the military by families back home. The dogs started out at Lackland Air Force Base in Texas with a thorough physical exam. Then they were observed and tested to determine which area of training they would be assigned. Aggressive dogs usually went to the sentry unit. Less aggressive but still highly intelligent shepherd dogs went to the scout school. The Labradors, with their amazing noses, went straight to tracker training. Every dog accepted was highly intelligent, and each became a canine soldier, with his or her own individual four-digit service number tattooed in the left ear. Dogs and their handlers went through three phases of instruction: drill/obedience, aggression and scouting. And although it appeared that the dogs were being instructed, it was the soldiers who were actually being taught. At Okinawa, where I met and trained with Smokey, most of the dogs were veterans being reassigned to new handlers. They knew the drills inside and out, and we did not. Our training instructors seemed to take a perverse pleasure in informing us how dumb we were compared with the dogs. Every dog responded to both verbal and nonverbal hand commands. They loved to work purely for the approval and praise of their handler and partner. And throughout training that special bond was formed between trooper and dog. I know I felt it with Smokey. Once in Vietnam, these dogs were the gold standard. Search-and-destroy missions used a handler and his scout dog to walk point, out in the jungle, able to raise an alarm about an ambush long before most of the unit was in danger. The dog’s handler could determine the distance to the danger, usually by the degree of his dog’s state of “alert.” Then, instead of walking into the Vietcong trap, he could call in fire or air support to obliterate the enemy position. Not every unit on patrol got a dog; there weren’t enough to go around, and in those cases a soldier would have to walk point alone. But with a scout dog team leading the way, most patrols were successful or uneventful. A human nose has about five million scent receptors; a shepherd has at least 225 million. The dogs can detect movement much faster and more accurately than we can, and their ears can hear, even at a very early age, sound from four times farther away than we can. What’s more, all our dogs had lived with our American “smells” for years. The scent of the Vietnamese was very different and much easier for them to pick up and alert on. This scent or sound alert was also true of the sentry dog teams, like Smokey and me. When a dog team arrived at its post — usually just a path around a camp, ammo dump or air field — it performed a “changeover.” The handler changed the dog’s choke-chain collar to his leather “now it’s time to work” collar. The dog understood the difference immediately and went to work. There were also mine and booby trap dogs. They protected our soldiers on patrol from the many and diverse devices set to kill and maim. Take the thin, monofilament lines that were practically invisible to the human eye, which the Vietcong attached to a grenade or other explosive device that detonated when “tripped.” A large proportion of American infantry casualties were caused by these devastating devices. But a trained dog could detect the trap, and it would be neutralized. Combat tracker teams consisted of five soldiers and two Labrador retrievers. Each team included a visual tracker and a dog handler up front, followed by their cover man, then the radioman and the team leader. Expertly trained by New Zealand’s elite Special Air Service in Malaysia, their dogs were initially provided by the British military. These teams didn’t wait to be ambushed. They chased down the Vietcong and the North Vietnamese Army forces after a firefight when they would attempt to disappear back into the jungle. Throughout the course of the war, 4,000 dogs served in Vietnam and Thailand. It was well known that the enemy put a bounty on both the handlers and their dogs. Approximately 350 dogs were killed in action, many more were wounded, and 263 handlers were killed. When our politicians decided to exit Vietnam — in a hurry — the military classified our dogs as “equipment.” As such, they were left behind. Some, but not many, were transferred to the South Vietnamese military and police. Of the 4,000 dogs that served in-country, fewer than 200 made it back to the States. Not a pleasant thought to consider given their incredible service, endurance and devotion to duty. I’ve heard it said that without our military dogs, there would be 10,000 additional names on the Vietnam Veterans Memorial wall. I, for one, think that’s an understatement. | NEWS-MULTISOURCE |
Page:Philip Birnbaum - ha-Siddur ha-Shalem (The Daily Prayer Book,1949).pdf/97
72 {| style="text-align:left; width:100%;"
* width=48% align=center| Reader:
* width=4%|
* width=48% align=center| Silent Meditation:
* - valign="top"
* align=center| Bless the Lord who is blessed.
Congregation and Reader:
Blessed be the Lord who is blessed forever and ever.
* align=left| Blessed, praised, glorified, extolled and exalted be the name of the supreme King of kings, the Holy One, blessed be he, who is the first and the last, and besides him there is no God. Extol him who is in the heavens—Lord is his name, and rejoice before him. His name is exalted above all blessing and praise. Blessed be the name of his glorious majesty forever and ever. Let the name of the Lord be blessed henceforth and forever.
* }
* }
Blessed art thou, Lord our God, King of the universe, who formest light and createst darkness, who makest peace and createst all things.
In mercy thou givest light to the earth and to those who dwell on it; in thy goodness thou renewest the work of creation every day, constantly. How great are thy works, O Lord! In wisdom hast thou made them all; the earth is full of thy creations. Thou alone, O King, hast ever been exalted, lauded and glorified and extolled from days of old. Eternal God, show us thy great mercy! Thou art Lord of our strength, our defending Stronghold, our saving Shield, our Protector.
The blessed God, great in knowledge, designed and made the brilliant sun, The Beneficent One created glory for his name, He placed luminaries round about his majesty. His chief hosts are holy beings that extol the Almighty. They constantly recount God's glory and holiness. Be thou blessed, Lord our God, for thy excellent handiwork and for the luminaries which thou hast made; they ever render thee glory.
Be thou blessed, our Stronghold, our King and Redeemer, Creator of holy beings; praised be thy name forever, our King, Creator of ministering angels, all of whom stand in the heights of the universe and reverently proclaim in unison, aloud, the | WIKI |
Mechanisms and molecules: What are the treatment targets for primary biliary cholangitis?
Research output: Contribution to journalReview articlepeer-review
Abstract
Treatment of primary biliary cholangitis (PBC) with ursodeoxycholic acid (UDCA) is not always sufficient to prevent progression to hepatic decompensation and/or need for liver transplant. Adjuvant therapy with obeticholic acid may provide additional biochemical improvements in some patients, but it is not well-tolerated by patients with significant itch or advanced cirrhosis. Thus, new and creative approaches to treating patients with PBC are important to identify. This review discusses major potential therapeutic targets in PBC and provides examples of some specific agents currently in development for the treatment of PBC. Targets are broadly classified into those which strive to modify bile, inflammation, cell survival, or fibrosis. In bile, shrinking the size of the bile acid pool or modifying the quality of the bile by making it more hydrophilic or enriched in phosphatidylcholine may ameliorate cholestatic injury. Biliary epithelial cell survival may be extended by fortifying the bicarbonate umbrella or improving cell membrane integrity. Autoimmunity and cholangitis have the potential to be improved via regulation of the immune system. Targeting cytokines, immune checkpoints, and anti-mitochondrial antibodies are examples of a more focused immunosuppression approach. Stem cell therapy and lymphocyte trafficking inhibition are more novel methods of broad immune regulation. Anti-fibrotic therapies are also potentially useful for preventing progression of PBC. The nuclear hormone receptors, farnesoid X receptor (FXR) and peroxisome proliferator–activated receptor (PPAR) regulate many of these pathways: cholestasis, inflammation, and fibrosis, which is why they are being enthusiastically pursued as potential therapeutic targets in PBC.
Original languageEnglish (US)
JournalHepatology
DOIs
StateAccepted/In press - 2022
ASJC Scopus subject areas
• Hepatology
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How Do You Build A Steel Frame Building?
Steel Building Construction Steps
1. Pour the foundation and place the anchor bolts.
2. Attach columns to anchor bolts in concrete.
3. Attach girts (horizontal beam) to all columns and overhead door jambs.
4. Assemble the trusses on the ground rather than on the columns.
5. Hoist completed trusses onto columns and connect.
What is the minimum pitch distance?
6. What is the minimum pitch distance? Explanation: Pitch is centre to centre spacing of bolts in a row, measured along direction of load. Distance between centre to centre of fasteners shall not be more than 2.5 times nominal diameter of fasteners.
How do you place columns and beams?
Columns should preferably be located at (or) near the corners of a building, and at the intersection of beams/walls. Select the position of columns so as to reduce bending moments in beams. Avoid larger spans of beams. Avoid larger centre-to-centre distance between columns.
How do you build a steel frame building?
Steel Building Construction Steps
1. Pour the foundation and place the anchor bolts.
2. Attach columns to anchor bolts in concrete.
3. Attach girts (horizontal beam) to all columns and overhead door jambs.
4. Assemble the trusses on the ground rather than on the columns.
5. Hoist completed trusses onto columns and connect.
How do you erect a steel frame building?
Erecting a Steel building has 5 main steps:-
1. Step 1:Foundations. The foundation is one of the most important elements of erecting your steel building.
2. Step 2: Frame.
3. Step 3: Girts, Purlins, and Openings.
4. Step 4: Roof and Walls.
What is the pH of sea water?
about 8.1
Is lemon juice acidic?
Because they contain a high amount of citric acid, lemons have an acidic pH. Lemon juice has a pH between 2 and 3, which means it's 10,000–100,000 times more acidic than water (1, 2, 3). A food's pH is a measure of its acidity. The pH of lemon juice falls between 2 and 3, meaning it is acidic.
What is congestion control mechanism?
Congestion control refers to techniques and mechanisms that can either prevent congestion, before it happens, or remove congestion, after it has happened. Congestion control refers to techniques and mechanisms that can either prevent congestion, before it happens, or remove congestion, after it has happened.
Is it possible to learn math on your own?
With all the available stuff for free online — lectures, syllabi, ebooks, and MOOCS — you can certainly self-study Math pretty easily as if you were in college. The best part is, you do it at your own pace. No strict schedules, just self-commitment.
What is in a solid-state?
Solid-state is a common descriptor used to refer to electronic components, devices and systems based entirely on semiconductor materials such as silicon, germanium or gallium arsenide.
How many steps are there to data handling?
The three steps of data handling are collection, organisation and interpretation of data.
What topics are in grammar?
English grammar guide
• Nouns. Nouns are people, places, or things, They tell us what we are talking about.
• Adjectives. Adjectives modify, or describe, nouns.
• Adverbs. Adverbs modify adjectives, verbs, or other adverbs.
• Determiners.
• Verbs & verb tenses.
• Speech.
• Punctuation.
• Relative clauses.
What is the hardest entrance exam?
Top 20 toughest exams in world are given below:
• All Souls Prize Fellowship Exam.
• Master Sommelier Diploma Examination.
• 5. California Bar Exam.
• United States Medical Licensing Examination.
• Graduate Record Examination.
• Law National Aptitude Test.
• Chartered Financial Analyst Exam.
• Law School Admission Test.
Is CLAT exam necessary for law?
No it is not. but if you wish to pursue law you will have to get admission in a good law institute. The Law colleges have their individual entrance exams. So, if you do not wish to appear for CLAT you may take any of the below mentioned exams to get into a good law college.
What is the antiderivative of 2x?
The (most) general antiderivative of 2x is x2+C .
What is cause example?
Cause: An oil spill causes crude oil to spill into the water. Effect: Many plants and animals in the water died. Cause: A child eats only junk food and never does anything active. Effect: The child is obese.
What is PCR and ELISA?
Abstract. Polymerase chain reaction-enzyme linked immunosorbent assay (PCR-ELISA) is an immunodetection method that can quantify PCR product directly after immobilization of biotinylated DNA on a microplate.
Which engineering is hardest?
What Is the Hardest Engineering Major?
Top 3 Hardest Engineering MajorsTop 3 Easiest Engineering Majors
1. Chemical engineering (19.66 hours)1. Industrial engineering (15.68 hours)
2. Aero and astronautical engineering (19.24 hours)2. Computer engineering and technology (16.46 hours)
What is Ubuntu used for?
Ubuntu comes with everything you need to run your organisation, school, home or enterprise. All the essential applications, like an office suite, browsers, email and media apps come pre-installed and thousands more games and applications are available in the Ubuntu Software Centre.
Who is the present governor of RBI 2021?
Shri Shaktikanta Das
What are the parts of division called?
The number that is being divided (in this case, 15) is called the dividend, and the number that it is being divided by (in this case, 3) is called the divisor. The result of the division is the quotient. Notice how you can always switch the divisor and quotient and still have a true equation: 15 ÷ 3 = 5.
Dated : 30-Jun-2022
Category : Education
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Page:Seven Years in South Africa v2.djvu/468
the top of the masonry; but as we were bound to recommence our journey in about two hours and a half, I had no opportunity of making a deliberate survey, or of commencing any excavations which might throw more light upon the subject. We had only time that evening to go a little farther, and the gathering twilight brought us to a halt on the left-hand shore of the river, which we crossed.
After traversing as many as twelve tributaries of the rocky Shasha, we crossed the sandy Shasha, which is connected with its fellow-stream, finding the scenery at the point where we quitted the river as beautiful as any in the whole West Matabele country. The abundance and variety of plants were truly marvellous; and on the slopes where the stems of the euphorbias were mouldering, I found numerous scolopendra, two kinds of scorpions, some lizards, and many sorts of insects. Since I had entered the Makalaka country I had had no return of fever; and although I was still very weak, I persevered in my naturalist’s pursuits, finding that the enjoyment refreshed me and more than compensated for a little extra fatigue. In many places the river was sandy, but not unfrequently the bed was of granite, that formed a sort of basin, or opened in a channel, by which the water threaded its way to the south, to lose itself in the marshes of the valley. The next stream at which we arrived was the Tati, and its bed was not only sandy, but so deep, and the banks so steep, that we had very considerable difficulty in getting across.
Two days later we found ourselves pushing our way along the right-hand bank of the Rhamakoban, | WIKI |
A utility trailer and a cargo trailer are two of the most commonly used trailers, and those new to hauling a trailer often need clarification on the two despite them being very different.
The difference between a utility trailer and a cargo trailer is the existence of a roof and walls. A utility trailer is primarily an open flatbed trailer and a cargo trailer is an enclosed trailer.
Let’s dive a little deeper into the unique characteristics of each trailer style!
What Is A Utility Trailer?
A utility trailer is a flatbed trailer with rails or short sides. It’s often a bumper pull trailer, but utility trailers can also be gooseneck or fifth-wheel trailers.
They have wooden or metal decking to haul cars, lawnmowers, ATVs, tractors, couches, and any other item you can safely place on them. Sometimes, they have ramps, but this isn’t always the case, as I’ve used many utility trailers without ramps.
Pros & Cons Of A Utility Trailer
Utility trailers are a popular choice because they’re so handy; however, they also have a few downsides that might make them unsuitable for your situation.
Benefits Of A Utility Trailer
• Less expensive
• Easier to haul
• Easier to back
• It is lighter and doesn’t catch as much wind while you’re driving
A buddy of mine was getting back into racing recently and needed a trailer to haul his car to the track. However, he and his wife had 1-year-old twins, so he didn’t have much spare money to spend on a fancy cargo trailer. Instead, he purchased a very nice utility trailer for less than half the price of a cargo trailer big enough to haul his race car. A utility trailer is often your best bet if you’re on a budget.
I learned to haul and back a utility trailer first because it’s much more beginner-friendly. Utility trailers catch less wind and are lighter, making them much easier to pull behind an SUV or small truck because they lack walls. The lack of walls makes them easier to back because you can see where you’re backing much more easily than with a cargo trailer, which is difficult to see around.
Drawbacks Of A Utility Trailer
• What you’re hauling is exposed to the elements and potential thieves
• You must replace the wooden bed before the boards rot
One of the big problems with a utility trailer is that it leaves everything exposed to the elements. So, if you’re moving a buddy’s couch on a utility trailer and it starts to rain, you better have a tarp handy, or the couch will get soaked.
Since a utility trailer is more exposed to the elements, it requires a more rigorous maintenance schedule. Depending on how often you use it and the quality of the boards, you’ll have to replace the boards on a wooden trailer bed every ten years or so, whereas a cargo trailer doesn’t need as much maintenance.
What Is A Cargo Trailer?
A cargo trailer is enclosed with walls and a roof; thus, it’s also called an enclosed trailer. The walls and roof are often made of thin sheet metal to make them as lightweight as possible. Cargo trailers typically have one or two doors; depending on how big the trailer is, there is either a single door, split doors, or a ramp on the back, and some have a side door to access the items upfront without unloading the trailer.
Most cargo trailers are bumper-pull trailers, but fifth-wheel cargo trailers are often used for hauling larger loads. Cargo trailers can haul cars, tools, hunting gear, and anything else you can safely fit inside the walls.
Pros & Cons Of A Cargo Trailer
After owning a couple of cargo trailers, I’ve found that they’re handy but have some downsides that make them less desirable for some individuals.
Benefits Of A Cargo Trailer
• Better protect the items you’re hauling
• Doubles as a storage unit
• It can be converted into a camper
The most significant benefit of using a cargo trailer is its enhanced protection for the items you’re hauling. You don’t have to worry about the elements damaging anything because the walls and roof protect your cargo.
I used my first cargo trailer to haul my duck hunting gear. Instead of packing and unpacking all my gear each time I went hunting and got home, I used my trailer as a storage unit to keep all my outdoor gear protected from the elements between my hunts.
My grandpa used his cargo trailer to haul equipment for his business, so my parents decided to convert theirs into a small camper. It was much cheaper to convert their cargo trailer into a DIY camper than to purchase a new camper. However, they did all the work, which was very time-consuming.
Drawbacks Of A Cargo Trailer
• Catch more wind
• More expensive
• More difficult to back
Cargo trailers drain your fuel tank because they catch so much more wind while pulling them down the road. Even an empty trailer is a little tougher on your wallet. Also, if you live in a windy area, like I do, cargo trailers can get blown on their side by strong winds; that’s why I park mine under an old hay barn.
As I previously mentioned, cargo trailers are more expensive, so if you’re on a tight budget and don’t need your items to be fully protected as they are in a cargo trailer, then a utility trailer is the better option.
Learning to back a trailer can be tricky. I remember how difficult it was to learn to back a boat or utility trailer. I had to relearn to back a trailer when I got a cargo trailer because it’s almost as if you must back the trailer blind since it blocks so much of your view.
Heading Home
Now that you know the difference between a utility trailer and a cargo trailer, you can purchase the one that best suits your needs.
A utility trailer is the best option for most people, including beginners. A cargo trailer is best for those who need to protect the items they’re hauling or plan to use it for multiple activities.
Author BIO
Wes Littlefield is an avid outdoorsman who loves hunting and fishing with his family, often involving various trailers. He grew up on a farm where he had to learn to load and back a trailer before he could legally drive. He’s hauled everything from furniture, hunting gear, campers, boats, kayaks, tractors, skid steers, and lawn equipment.
He’s the lead writer for Ammo.com, Anglers.com, and runs OKDiscGolfer.com. | ESSENTIALAI-STEM |
User:Dillard421/Sandboxx
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Global Patent Index - EP 0728356 B1
EP 0728356 B1 20000329 - HIGH WALL DISK CLAMP DESIGN
Title (en)
HIGH WALL DISK CLAMP DESIGN
Title (de)
PLATTENKLEMMVORRICHTUNG MIT HOHER WAND
Title (fr)
STRUCTURE D'UN ELEMENT DE SERRAGE DE DISQUE A PAROI ELEVEE
Publication
EP 0728356 B1 (EN)
Application
EP 95901127 A
Priority
• US 9412673 W
• US 14838593 A
Abstract (en)
[origin: WO9513614A1] A disk drive for flying at extremely low flying heights. The drive includes a disk clamp for clamping one or more disks within the disk drive, with the clamp exerting a substantially uniform pressure at the circular line of contact between the clamp and the disk. The disk clamp includes a raised circular wall around an outer radius of the clamp, which wall is formed as part of and integrally with the rest of the clamp. The wall serves to increase the structural rigidity of the clamp in a single axial section of the clamp, thereby providing a "stress barrier" to the transmission of localized stresses from the screw points. Thus, the pressure exerted by the clamp on the disk is evenly distributed around the entire clamp, and the distortion normally occurring at the inner diameter of the disk with conventional disk clamps is greatly reduced.
IPC 1-7
G11B 17/038; G11B 17/02
IPC 8 full level
G11B 23/00 (2006.01); G11B 17/02 (2006.01); G11B 17/038 (2006.01)
CPC (source: EP)
G11B 17/02 (2013.01); G11B 17/038 (2013.01)
Designated contracting state (EPC)
DE FR GB IT
DOCDB simple family (publication)
WO 9513614 A1 19950518; DE 69423774 D1 20000504; DE 69423774 T2 20000727; EP 0728356 A1 19960828; EP 0728356 B1 20000329; JP 2763680 B2 19980611; JP H09503331 A 19970331; US 5490024 A 19960206
DOCDB simple family (application)
US 9412673 W 19941107; DE 69423774 T 19941107; EP 95901127 A 19941107; JP 51388694 A 19941107; US 14838593 A 19931108 | ESSENTIALAI-STEM |
re question
Matt McCredie mccredie at gmail.com
Thu Sep 20 23:38:59 CEST 2007
On 9/19/07, Dan Bar Dov <bardov at gmail.com> wrote:
> I'm trying to construct a regular expression to match valid IP address,
> without leading zeroes (i.e
> 1.2.3.4, 254.10.0.0, but not 324.1.1.1, nor 010.10.10.1)
>
> This is what I come up with, and it does not work.
>
> r'(^[12]?\d{0,2}\.){3,3}[12]?\d{0,2}'
>
> What am I doing wrong?
I'm not sure what affect having the "^" inside of the parens will
have, but it surely isn't what you want.
This part: r"[12]?\d{0,2}" will match the following strings, which I'm
sure you dont' want:
"" - yes it will match an empty string (Is "..." a valid IP?)
"00" - It could start with a 0, as long as there are only two characters
"299" - A little outside of the range you are interested in
That {3,3} is better written as {3}.
> Any common knowledge IP matching RE?
I don't know if there is any common knowledge RE, but I came up with
the following:
r"((1\d{2}|2[0-4]\d|25[0-5]|[1-9]\d|\d)\.){3}(1\d{2}|2[0-4]\d|25[0-5]|[1-9]\d|\d)")
Let us break it down:
This matches an octet:
r"(1\d{2}|2[0-5]\d|[1-9]\d|\d)"
Which will match any ONE of the following
1\d{2} - A "1" followed by any two digits
2[0-4]\d - A "2" followed by 0,1,2,3 or 4 followed by any digit
25[0-5] - A "25" followed by 0,1,2,3,4 or 5
[1-9]\d - Any digit but 0 followed by any digit
\d - Any Digit
I generally discourage people from using REs. I think the folowing is
much easier to read:
def isip(x):
octs = x.split(".")
if len(octs) != 4:
return False
for oct in octs:
if len(oct) > 1 and oct[0] == "0":
return False
try:
if not 0 <= int(oct) < 256:
return False
except ValueError:
return False
return True
Both solutions seem to work, though I used a small set of test cases.
Others may have better suggestions.
Matt
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Lourie
Lourie is a family name. In Scotland, Northern England and Ireland, it often appears as Laurie and Lowry. In the pale of settlement it refers to the descendants of Isaac Luria.
Notable people with the surname include:
* Arthur Lourié (1892–1966), Russian composer
* Don Lourie (1899–1990), American football player
* Eugene Lourié (1903–1991), Parisian Art Director born in the Ukraine
* Evgeniya Lourié (Евгения Лурье) - married Boris Pasternak in 1922.
* Joel Lourie (born 1962), Democratic member of the South Carolina Senate
* John Lourie Beveridge (1824–1910), governor of Illinois
* Serge Lourie (born 1946), English councillor and Leader of Richmond upon Thames Council
* James Lourie (born 1952), Washington State artist
* Peter Lourie (born 1952), Michigan writer | WIKI |
Michel-Gaspard Coppenrath
Monsignor Michel-Gaspard Coppenrath (4 June 1924 – 16 August 2008) was the Tahitian Archbishop of the Roman Catholic Archdiocese of Papeete in French Polynesia for 26 years from 1973 until 1999. Coppenrath served as the Archbishop Emeritus of the Roman Catholic Archdiocese of Papeete from 1999 until his death in 2008. Coppenrath was the first Tahitian-born Catholic bishop of French Polynesia.
Early life
Michel-Gaspard Coppenrath was born in Papeete, Tahiti and was a demi, of half-Tahitian descent. He later moved to France, where he served as a member of the French Resistance against Nazi occupation during World War II before joining the priesthood. Coppenrath was ordained as a Catholic priest in Poitiers, France, on 29 June 1954, when he was thirty years old. He was the first ordained priest of indigenous Polynesian descent in French Polynesia since Tiripone Mama Taira Putairi in 1874. He further obtained both a degree in civil law as well as a doctorate in Canon law.
Archbishop of Papeete
Coppenrath initially became a Vicar in Papeete due to his doctorate in Canon law. However, he was soon appointed a parish priest in Pirae, a commune located along the northern coast of Tahiti. Coppenrath worked with local youth movements, as well as the media, while assigned to Pirae.
Coppenrath was elevated to vicar-general to Monsignor Paul-Laurent-Jean-Louis Mazé in 1966. He was next appointed the archbishop of the titular see Tigisis in Numidia (present-day Aïn el-Bordj, Algeria) on 16 February 1968. He held that post until he was appointed the Archbishop of Papeete.
Michel-Gaspard Coppenrath was formally appointed the archbishop of the Roman Catholic Archdiocese of Papeete on 5 March 1973. He would serve as archbishop for the next 26 years. Coppenrath earned a reputation during his tenure as someone to turn to during French Polynesia's political and social crises. He was often consulted by French Polynesia's political and religious leaders. He retired as archbishop in 1999. Pope John Paul II and the Roman Catholic Church appointed Coppenrath's brother, Hubert Coppenrath, as his successor on 4 June 1999, which also marked the 75th birthday of Michel-Gaspard Coppenrath. The appointment of Coppenrath's brother, a blood relative, as archbishop is a rare occurrence within the Catholic Church. Coppenrath continued to serve as Archbishop Emeritus of the Diocese of Papeete. He also served as a parish priest in the Commune of Punaauia, which is located on the west coast of Tahiti.
Death
Michel-Gaspard Coppenrath died of a ruptured aneurysm on 14 August 2008, aged 84. His survivors included his brother, the next archbishop of Papeete Hubert Coppenrath, and two nieces, Béatrice Vernaudon, the mayor of Pirae and a former member of the French National Assembly, and Armelle Merceron, who served as the French Polynesian solidarity minister under President Gaston Tong Sang.
A public wake and funeral were held at the Maria No Te Hau Catholic Church in the Mission neighborhood of Papeete. Several thousand people from throughout Tahiti and Moorea, including many prominent French Polynesian and French government officials, attended his funeral. The crowds were so large that a large television screen had to be set up outside of the church. All Catholic schools in Faa'a, Papeete, Pirae and Punaauia were closed on 18 August 2008, the day of Coppenrath's funeral.
Coppenrath's brother and successor, Archbishop Hubert Coppenrath, thanked those in attendance saying, ''"On behalf of my brother.... I would like to thank everyone who sent their sympathy to Archbishop Michel Coppenrath." He also described his brother as "an evangelist, a visionary and a man attentive to the people."''
French Polynesian President Gaston Tong Sang gave the eulogy at Coppenrath's funeral. Tong Sang said of Coppenrath, "Michel Coppenrath, in the great evangelic tradition of your predecessors, you gave your life to the service of faith, the Catholic Church and its faithful, with full respect of man and other beliefs. Your righteousness and your openness, your broad culture, your natural authority and your love of others were unanimously appreciated in our 'country’, but also among other churches in Oceania."
Coppenrath's death earned messages of condolence from across French Polynesia. The Rev. Taaroanui Maraea, current president of the Maohi Protestant Church, praising Coppenrath as full of "compassion and his brotherly love" and saying that he "hasn't forgotten the ecumenical work he undertook, opening the possibilities of encounter and recognition between the two churches".
The recently appointed High Commissioner of the Republic in French Polynesia, Adolphe Colrat called Coppenrath "a great builder of the (Catholic) Church, particularly concerned with training (French) Polynesian priests. He leaves the lasting memory of a man profoundly good and warm whose great courtesy was only equaled by the firmness of his beliefs." Tributes were also extended by Oscar Temaru, Bruno Sandras, Gaston Flosse and Jean-Christophe Bouissou.
Michel-Gaspard Coppenrath was interred at the Priests' Cemetery in Tahiti. | WIKI |
User:SouthernScienceWriter
Who I Am Former managing editor of a technology magazine, and editor of a short-lived state-wide technology/venture capital magazine. More than 25 years experience in editorial, marketing and public relations for the healthcare, pharmaceutical, engineering, environmental, energy, biotechnology, and industrial industries. | WIKI |
Collective Dynamics of Ion Channels in Biological Membranes
1 downloads 0 Views 251KB Size Report
Jan 22, 1996 - phenomenon of electrocommunication (Blumenfeld 1983; Bullock and Heiligenberg. 1986) where some cells or organisms are able to sense ...
Gen. Physiol. Biophys. (1996), 15, 65—69
65
Short communication
Collective Dynamics of Ion Channels in Biological M e m b r a n e s P. BABINEC and M. BABINCOVÁ Department of Biophysics and Chemical Physics, Faculty of Mathematics and Physics, Comenius University, Mlynská dolina Fl, 842 15 Bratislava, Slovakia A b s t r a c t . Master equation was used to describe the dynamics of coupled ion channels in biological membranes. From the stationary solution it was found t h a t at a critical value of coupling strength the system undergoes phase transition of the second order, which can be of biological relevance. K e y w o r d s : Biological membranes - Ion channels - Master equation - Phase transition - Collective dynamics
As has been found experimentally, t r a n s m e m b r a n e ion channels are not functionally independent (Kiss and Nagy 1985; Iwasa et al. 1986, Yeramian et al. 1986). This arises from direct energy interactions between channels embedded in biological membranes of living cells (Houslay and Stanley 1982). A consistent description of ion channels functioning is only possible on the basis of nonlinear nonequilibrium statistical thermodynamics (Poledna 1989; Valko and Zachar 1989). In this work we use a simple model of interacting ion channels to show t h a t nonlinear effects are important also for the description of collective dynamics. For the sake of simplicity we consider ion channels as effectively fluctuating two-state elements with one open (conducting) state and one closed (nonconducting) s t a t e (Liu and Dilger 1991; French and Horn 1983; Hille 1984). Let a given configuration of ion channels in a biological membrane consist of n0 and nc open and closed channels, respectively. If the total number of channels 2N = n0 + nc is constant, then the only relevant variable n (order parameter) is given by n = (n0 nc)/2. Transition dynamics of the ion channels is determined by probabilities: ~ Pco("oi nc) - for transition from open to closed state, - Poc( n oi "c) _ for transition from closed to open state. Let us introduce further probability distribution function f(n0, nc\ t) = f(n; t),
Babinec and Babincová
66
which expiesses the probability that one sample biological membrane has the con figuration {n0,nc} at time t. Time evolution of this function is described by master equation (Davies 1974; Haken 1978; Risken 1984) d / (
" " ' " c ; f ) = (n 0 + I K o K + l,n« - 1) f(n0 at + {n( + l)p0L(n0 - l , n c + 1) f(n0 - l,ra r + l;r) - { n „ p t 0 ( n 0 , n f ) f(n0, nc; t) + n c p o c ( n 0 , nc)f(n0,
+ 1, n, - 1; ŕ) (1) n | ESSENTIALAI-STEM |
27 March 2024
Investing in Comfort: Why Labiaplasty Surgery Cost is Worth It
Factors Influencing Surgery Pricing
Surgeon Expertise
The experience and qualifications of a surgeon in cosmetic surgery, specifically in the surgical procedure of labiaplasty for vaginal rejuvenation, play a crucial role in determining the cost and scarring of this procedure. Highly skilled surgeons with a proven track record may charge more. Their expertise ensures precision, reducing risks and promoting better outcomes.
Surgeons who have specialized in cosmetic genital surgery, including procedures on the enlarged labia, clitoris, vagina, and skin, often demand higher fees. They bring years of focused experience to the table. Patients pay not just for the surgery but for the peace of mind that comes with expert care.
Case Complexity
The complexity of an individual's case significantly impacts the price. Each person has unique anatomy and aesthetic goals. More complex cases require advanced techniques and longer surgery times.
Patients needing additional corrections or modifications will see their costs increase. The surgeon must assess each case individually, tailoring their approach to meet specific needs. This personalized care ensures optimal results but can raise the overall cost.
Additional Procedures
Often, patients choose to undergo additional procedures alongside labiaplasty. Combining surgeries can address multiple concerns in one operation period. However, this approach affects the final price.
Adding procedures like clitoral hood reduction or vaginoplasty for women increases surgical time and complexity. While bundling surgeries might offer some cost savings compared to separate operations, it inevitably raises the total expense.
Geographic Impact on Pricing
Price Variation
The cost of labiaplasty can fluctuate greatly depending on the location. Major cities often have higher prices due to increased demand and higher operational costs for clinics. In contrast, smaller towns might offer more affordable rates.
Prices can double or even triple in upscale areas compared to less affluent locations. This stark contrast highlights the importance of researching and comparing prices across different regions.
Cost of Living
The cost of living in an area closely ties to labiaplasty surgery costs. High-cost-of-living cities like New York or Los Angeles see cosmetic procedures priced significantly higher than national averages.
This correlation suggests that the local economic climate directly influences surgical fees. It's crucial for potential patients to consider this factor when budgeting for their procedure.
Travel Considerations
e individuals opt to travel for more economical surgery options. Countries known for medical tourism can offer labiaplasty at a fraction of the price found in the U.S. or Europe.
However, it's important to factor in travel expenses, accommodation, and potential follow-up care costs. These added expenses can diminish the savings gained from lower surgery prices abroad.
Breakdown of Procedure Expenses
Surgeon's Fee
The surgeon's fee often makes up a significant portion of the total cost. This varies widely based on the surgeon's experience and the procedure complexity. It does not include anesthesia or facility fees.
Patients should understand that higher fees might reflect a surgeon's expertise. Choosing a less experienced professional for a lower cost could risk outcomes.
Anesthesia Charges
Anesthesia is critical for comfort during labiaplasty. The cost depends on whether local or general anesthesia is used.
Local anesthesia might reduce expenses but isn't suitable for all cases. Patients should discuss options with their surgeon to understand the implications for both comfort and cost.
Facility Fees
Facility charges cover the use of the surgery center or hospital. These vary based on location and the type of facility chosen.
It's important to note that opting for a high-end facility can significantly increase overall costs. However, safety and quality should never be compromised to save money.
Total Cost Clarification
The American Society of Plastic Surgeons provides an average labiaplasty cost figure. However, this estimate generally covers only the surgeon's fee.
Additional expenses like anesthesia and facility fees can add substantially to the final bill. This is why comprehensive consultations with potential surgeons are crucial. They offer a more accurate assessment of what patients can expect to pay.
Surgeon's Fees Explained
Fee Factors
The surgeon's fee often stands as the most significant part of the total cost for labiaplasty surgery. This is not just a random number but reflects the surgeon's expertise, reputation, and demand in the field. High fees are typically associated with surgeons who have established themselves as leaders through successful outcomes and patient satisfaction.
Surgeons with extensive experience and specialized training command higher fees. Their skill set ensures precision, minimizing risks and achieving desired results. It's crucial to understand that investing in a reputable surgeon can lead to better surgery outcomes.
Certification Check
Verifying a surgeon's certification is essential before considering their fees. Certified surgeons have met rigorous standards set by professional bodies, indicating they possess the necessary skills and knowledge. This certification acts as a safeguard for patients, ensuring they receive care from qualified professionals.
Patients should research a surgeon's background, looking at before-and-after photos of previous surgeries. Reading reviews from former patients can also provide insight into their experiences. This research helps correlate the fees charged with the quality of service provided.
Facility and Anesthesia Costs
Operating Room
Facilities often charge by the hour for the use of their operating rooms. This fee includes not just the physical space but also the cost of nursing staff, equipment, and any other necessities for a safe and successful operation. It's crucial to understand that longer procedures naturally lead to higher costs.
The comfort and safety of the patient are paramount, making it essential to choose an accredited facility. Accredited facilities meet stringent standards, ensuring a safer environment for all types of surgeries.
Anesthesia Fees
Anesthesiologist services add another layer to the overall cost. These professionals are responsible for administering anesthesia and monitoring the patient's vital signs throughout the procedure.
The choice between local anesthesia and general anesthesia significantly affects cost. Local anesthesia, which numbs a specific area, is generally less expensive than general anesthesia, where the patient is completely unconscious. The type required depends on the complexity of the surgery and the patient's comfort levels.
Ensuring you're in good hands extends beyond just the surgeon performing labiaplasty. The qualifications of the anesthesiologist and the accreditation status of the facility play critical roles in both your safety and satisfaction with the outcome.
Pre-Operative and Post-Care Expenses
Medical Tests
Patients must undergo several medical tests before labiaplasty. These can include blood work and physical exams to ensure they're fit for surgery. These expenses often surprise patients as they are not always included in the initial quote.
Medical consultations also fall under pre-operative costs. Women discuss their concerns, like discomfort during intercourse or exercise, and goals with the surgeon. Consultations help tailor the procedure but add to the total cost.
Follow-Up Visits
After surgery, follow-up visits are crucial for monitoring healing. The first few days post-operation are critical for spotting any issues early. Patients should expect multiple visits within the first month, which might increase the overall expense.
Medications for pain management and to prevent infection are also part of post-care costs. While some may be covered by insurance, many patients find themselves paying out-of-pocket for these treatments.
Recovery Aids
Items like special garments to reduce swelling or recommended creams for scar treatment contribute to post-operative expenses. These aids assist in a smoother recovery but can add significantly to the final bill.
Surgical Techniques and Their Costs
Traditional Methods
Traditional labiaplasty surgeries involve reducing the size of the labial tissue around the vaginal opening. These procedures often require more extensive cutting of skin and tissue. They use absorbable sutures to minimize scarring. However, this approach can lead to a longer recovery period. Patients may experience discomfort during activities like walking or sexual intercourse for several weeks.
The cost of traditional surgeries is generally higher due to the complexity of the procedure. It requires more time from the surgeon and possibly a longer stay in the medical facility.
Modern Techniques
Modern techniques focus on vaginal rejuvenation with less invasive methods. These include laser treatments that target the vaginal canal and surrounding areas. Such procedures cause minimal damage to surrounding tissues, leading to quicker recovery times. Patients can often resume normal activities within days.
Despite their benefits, these newer methods can be costly upfront. Yet, they might result in lower overall expenses due to reduced recovery time and fewer post-care needs.
Cost Implications
The choice between traditional and modern surgical techniques significantly impacts both recovery time and overall expense. Traditional surgeries, while initially cheaper, may lead to higher indirect costs because of extended downtime.
It's crucial for patients to discuss with their surgeon the best approach for their specific needs. Understanding both financial and medical implications ensures informed decisions about female genitalia cosmetic surgery.
Additional Services or Materials Required
Recovery Garments
After undergoing labiaplasty, patients often require special garments to aid in their recovery. These garments help minimize swelling and discomfort. They also support the healing process of intimate areas. The cost of these garments is not included in the initial surgery price. It's crucial for patients to factor this into their overall budget.
Patients should expect to invest in several of these garments. They are designed for comfort and to accommodate the sensitive nature of post-surgery care.
Revision Surgeries
etimes, the outcome of a labiaplasty might not meet the patient's expectations. This could be due to various reasons such as asymmetry or excess tissue remaining. In such cases, additional treatments or revision surgeries may be necessary.
These revisions can significantly increase the total cost. Consulting with a board-certified surgeon during your initial consultation appointment can help mitigate this risk. Their expertise can ensure a higher chance of achieving the desired look and function from the first surgery.
Hidden Costs
The price quoted by your surgeon's office usually covers the procedure itself. However, there are often hidden costs associated with post-operative care supplies. Items like pain medication, antibacterial ointments, and special bathing suits designed for post-surgery use are typically not included.
Understanding these potential extra expenses is vital. It ensures that patients are not caught off-guard by unforeseen costs related to their recovery and care.
Closing Thoughts
Navigating the cost of labiaplasty surgery involves understanding various factors, from geographic location to surgeon's expertise. You've seen how expenses break down, from pre-op care to potential additional services. Remember, investing in a qualified surgeon and accredited facility ensures safety and satisfaction, outweighing the allure of lower costs elsewhere. Your body deserves the best care.
Before making any decisions, weigh your options carefully. Consider consultations with multiple surgeons to discuss techniques, costs, and outcomes. This step is crucial for aligning your expectations with reality and ensuring you're comfortable with your choice. Ready to take the next step? Start planning your consultation today for a journey toward confidence and comfort in your skin.
Frequently Asked Questions
How much does labiaplasty surgery typically cost?
The cost of labiaplasty can vary widely depending on factors like location, surgeon experience, and the complexity of the procedure. Generally, prices range from $2,500 to $5,000.
What factors influence the price of labiaplasty surgery?
Several factors including geographic location, surgeon's fees, facility costs, anesthesia, surgical techniques used, and any additional services or materials required can significantly impact the overall cost.
Does geographic location affect labiaplasty surgery pricing?
Yes, geographic location plays a crucial role in determining the cost of labiaplasty surgery. Prices may be higher in metropolitan areas compared to smaller towns due to higher demand and operational costs.
What are the main components of labiaplasty surgery expenses?
The main components include surgeon's fees, facility and anesthesia costs, pre-operative and post-care expenses. Each of these elements contributes to the total cost of the procedure.
Can you explain the surgeon's fees for labiaplasty?
Surgeon's fees for labiaplasty depend on their expertise, experience, and reputation. This fee typically covers the actual performance of the surgery and can significantly affect the overall cost.
How do surgical techniques affect labiaplasty costs?
Different surgical techniques might be required based on individual needs which can affect costs. Advanced or specialized techniques may increase the price due to their complexity or longer operation times.
Are there any additional expenses I should consider for my labiaplasty surgery?
Yes, consider additional expenses such as pre-operative tests, post-surgery care supplies, potential accommodation if traveling for surgery, and follow-up visits which can add to the total cost. | ESSENTIALAI-STEM |
Talk:Örebro Party
Delete article
This article is about a small party that was created for the last local election in Sweden. They did not get any seats (which is not mentioned in the article, where it still is written it is for the elwction 2014. This years elecrion is on September 9th). The party is too small and there is to little external information about it to be able to create a neutral article. I think it should be deletwd long time ago. (Last election, 1.1% and you need a lot more to get a seat. This is for the local election i Örebro) Adville (talk) 21:48, 11 February 2018 (UTC)
* Hi, I saw your post on User talk:Drmies and although I'm at work so don't have time to make a thorough analysis, I've taken a fast look at the article. Although some of the references are about the founder(s) and the party they left, and some are of course opinion or by the party itself, there appear to be 3 or 4 articles published by reliable sources that are about the party. In my judgement, that means it satisfies our general notability guideline; there is a specialized notability standard for political parties, but a topic can satisfy either a specialized standard for inclusion in the encyclopedia or the general one. It needs updating, yes. If I have time, I'll look for sources. But the criterion for inclusion is notability, and once notable, always notable.
* I also haven't looked at the article history to see whether it has ever been proposed for deletion, a relatively simple process that can only be applied once, but with that many references, I'd advise against that anyway. Others may well disagree with me about the notability. So you could start a deletion discussion: This link should take you to the instructions. It's a bit complicated, but if you start the process, others will generally come along and finish it for you, including a bot that does Step 3 for you if necessary :-) Yngvadottir (talk) 14:08, 12 February 2018 (UTC)
* Thanks.Adville (talk) 14:18, 12 February 2018 (UTC)
* Yeah, I have little to add to Yngvadottir's comment but this: I agree. Thanks, Drmies (talk) 17:07, 12 February 2018 (UTC)
* OK, I think it's better now, though I couldn't find detail on how they did in the local elections. There's some recent third-party coverage. Yngvadottir (talk) 19:04, 17 February 2018 (UTC)
* In the link in my first post you see the results. 1014 persons votet for them. Thats why I think this is a clear delete (even if you have done a good job). That is also why we do not have an artivle on svwp. We do not create articles about every small party. They have to get into a local parlament. Compare with Sölvesborg Party, they have an article on svwp even if they got less votes (but they got seats). Adville (talk) 14:12, 18 February 2018 (UTC)
* Thanks for the link, but it's preliminary; do you have the final result? (I'm also easily confused by the various different positions; my Swedish reading abilities aren't that great, as you can see from my user page.) You should probably nominate it for deletion via AfD. If you do, I will argue for keeping it on grounds of general notability, but I admit it isn't an obvious case, and my opinions tend to run inclusionist, so consensus may well go with your view rather than mine. Yngvadottir (talk) 16:03, 18 February 2018 (UTC)
* Now I saw you are an inclusionist ;-) Then I might go for it (when I have time). I tried to fins a link to the final results that also shows Örebropartiet. They did not pass the limit, and therefor you will not see them in the final results. They are among "Övriga partier" (total 2.07% they and others... so only the preleminary shows they got votes... that is how small they are). Here is a link to the final results. Adville (talk) 17:11, 18 February 2018 (UTC)
* That does have it; it's down at the bottom, "Röstfördelning övriga partier - kommun Örebro". So I'll add that as a reference. Thank you! (I see they beat all the others listed there.) As I said above, even if you give up partway through the process of nominating it for deletion, or mess it up, someone or some bot will almost always step up promptly to sort it out. Yngvadottir (talk) 18:02, 18 February 2018 (UTC)
* I am for a neutral and good encyclopedia. Een if I think the article is about a too small subject I want it to bee good if it is not deleted... so of course I try to help (and you may ask me to help find sources about other Swedish subjects too if you want) Adville (talk) 20:30, 18 February 2018 (UTC) | WIKI |
Night bus (disambiguation)
Night bus may refer to:
* The Night Bus, a 2007 Iranian film directed by Kiumars Pourahmad
* Night Bus (2007 film), an Italian noir-comedy film directed by Davide Marengo
* Night Bus (2017 film), an Indonesian thriller film
* The Knight Bus, a magical vehicle in the Harry Potter series
* Night service (public transport), also called night bus, owl service
* Night bus lines in Israel
* Night buses in London
* All Nighter (bus service), night bus service network in San Francisco Bay Area, California
See also:
* NightRide (bus service), bus service in Sydney, Australia | WIKI |
[SOLVED] R Function for Return New Column to Dataset
Issue
I’m currently working with a dataset with different speakers and am trying to extract the amount of words in a utterance. I am also trying to count the number of backchannels (utterances with three or less words). These metrics would be used for further analysis of the dataset. Please see a slice of the data below.
speaker <- c("P6", "P4", "P5", "P6", "P6")
utterance <- c("Alright", "So this is a social talk right? So we’re only supposed to talk about work only", "yeah", "And that’s the thing, so it’s not clear to me we need to work or just to be social.", "But a bit and a bit")
df <- data.frame(speaker, utterance)
These are the different functions I’ve tried out. The issue is that I would like to store the results in a new column in the same dataframe, but this is something I haven’t been able to do yet (I’m a beginner with R). I can see with the code below that the first function works as intended, but I am having some issues with the second one. Ideally I would like both functions to just accept the generic column name rather than the dataframe.
#function for utterance length
utterance_length <- function(df){
df <- df %>%
mutate(utterance_length = str_count(df$utterance,"\\S+"))
return(df)}
#function for backchannelling
backchannelling <- function(df){
df$backchannelling <- ifelse(df$utterance_length > 3, 0, 1)
return(df)
}
How can I: 1) save the new utterance_length column to the data frame (same goes to the backchannelling function); 2) only input column names in the function rather than the dataframe.
Solution
This should solve your problems:
library(dplyr)
library(stringr)
speaker <- c("P6", "P4", "P5", "P6", "P6")
utterance <- c("Alright", "So this is a social talk right? So we’re only supposed to talk about work only", "yeah", "And that’s the thing, so it’s not clear to me we need to work or just to be social.", "But a bit and a bit")
df <- data.frame(speaker, utterance)
# Function for utterance length.
utterance_length <- function(dta, column_name)
{
# Inputs are a data frame and the name of the column storing utterances.
# Output is number of words for each utterance (vector).
utterance_length = str_count(dta[, column_name],"\\S+")
return(utterance_length)
}
# Function for backchannelling.
backchannelling <- function(dta, column_name)
{
# Inputs are a data frame and the name of the column storing utterances.
# Output is 1 for backchannels, 0 otherwise (vector).
backchannelling <- ifelse(str_count(dta[, column_name],"\\S+") > 3, 0, 1)
return(backchannelling)
}
# Creating new columns.
df$lengths = utterance_length(df, "utterance")
df$backch = backchannelling(df, "utterance")
So now functions take as input the name of the column storing utterances and the data frame. While it is in principle possible to avoid using the latter as input, that would result in a loss of generality, where every time you use a different data frame (or change the name of the data set) both functions must be modified accordingly. Results:
df
# speaker utterance lengths backch
# 1 P6 Alright 1 1
# 2 P4 So this is a social talk right? So we’re only supposed to talk about work only 16 0
# 3 P5 yeah 1 1
# 4 P6 And that’s the thing, so it’s not clear to me we need to work or just to be social. 19 0
# 5 P6 But a bit and a bit 6 0
Answered By – Plastic Man
Answer Checked By – Senaida (BugsFixing Volunteer)
Leave a Reply
Your email address will not be published. | ESSENTIALAI-STEM |
Wikipedia:Image thumbnails blurry
This is a short essay to explain that, yes, since late 2008, the thumbnail images have become blurry. It's not just a case of mistaken memory, or perhaps something's wrong with your computer, or PNG-images-were-better so that's why they were forcing people to use them. No, no, something major has happened. Could it be....Wiki-SATAN???
Well, the developers like to think that they're helping to make things better. However, all the GIF images that formerly auto-thumbnailed so cleanly and fast, now they just auto-compress, leaving out "every-other-line" to fit within the small thumbnail sizes. Almost all sizes of GIF thumbnails have become very blurry, now, since the end of 2008.
Again, this is not just an illusion – PROOF: back in 2006–2008, when checking the sizes of GIF thumbnails (with right-click "Properties"), a thumbnail image typically had a smaller data size (in kilobytes) than the full-size image. However, now all GIF thumbnails have exactly the same data size as the full image. In fact, it is the same data image, and when viewed full-size, it is already downloaded to the computer (from the wiki-servers) as the full GIF image. Advantage: Even though a GIF thumbnail image typically appears blurry, it can be instantly displayed as full-size, because it IS the full-size image in a compressed display.
Some PNG files will no longer auto-upsize to widths larger than the original, without causing the image to become skewed and blurry. Otherwise, PNG images still auto-thumbnail to smaller sizes and retain most of the clarity when smaller.
All through 2008 and early 2009, JPEG images seem to thumbnail OK as well.
The major problem has been the GIF thumbnails, and there are thousands of them. One hard-hit area has been the maps of New York City or numerous maps of New York state. Some quick, clean maps of Wyoming have also been ruined. So, there's misery all around for these problems.
Solution: DON'T PANIC!! Remember this is Wikipedia (aka "Wackipedia") and no one expects solid quality, so there's no worry, and no hurry to fix things. Lots of vandalism is even being left in articles, because, if no one cares enough to fix it, then "it can't matter all that much". On balance, it is more important to get the general ideas across to the readers, and most readers who want more details will click to enlarge a fuzzy GIF image and get the instant clear full-size image.
Wikipedia's strength is not in elegant, impressive presentations, but rather in masses of tid-bits being discovered by the readers. Meanwhile, they can click-to-enlarge the fuzzy GIF images. Perhaps, it should be called Fuzzipedia, because that is how it is all jumbled together, as a giant fuzzy mass of incomplete pages, tilted images, and other stuff.
And... there's stuff for everyone in Wikipedia: where else could people find over 34,000 articles about footballers (soccer players)? Wikipedia's more than 800,000 sports articles are a clear indication that tid bits have been collected about everything (well, almost everything). So, that's why the rule is: DON'T PANIC. Over 8,000 people join Wikipedia everyday, and whole masses of people are learning to cope will all the problems, regardless of what happens next.
So, just click to enlarge a fuzzy GIF thumbnail and get the instant clear full-size image. | WIKI |
The Piece Maker 3: Return of the 50 MC's
The Piece Maker 3: Return of the 50 MC's is the fifth studio album by American hip hop DJ Tony Touch. It was released on July 9, 2013 via Touch Entertainment and Red River Entertainment.
Production was handled by The Beatnuts, A-Villa, Charli Brown Beatz, DJ Premier, Dready, Eminem, Erick Sermon, Just Blaze, Koolade, Lil' Fame, PF Cuttin, Statik Selektah, Thirstin Howl III, and Tony Touch himself, who also served as executive producer.
The album features guest appearances from Reek da Villian, Action Bronson, A.G., Al Joseph, Black Thought, B-Real, Bun B, Busta Rhymes, Crooked I, Eminem, Erick Sermon, Fat Joe, Ghostface Killah, Gob Goblin, Guilty Simpson, JD Era, J-Doe, Joell Ortiz, Kool G Rap, KRS-One, Kurupt, Liknuts (Tha Alkaholiks and The Beatnuts), Masta Ace, MC D-Stroy, Method Man & Redman, M.O.P., Noreaga, Papoose, Prodigy, Raekwon, Rah Digga, Roc Marciano, Royce da 5'9", RZA, Sadat X, Sean Price, Spit Gemz, Starvin B., Termanology, The Lox, Thirstin Howl III, Too Short, Twista, Uncle Murda, Willie the Kid, Xzibit and Angie Martinez.
Critical response
Upon its release The Piece Maker 3: Return of the 50 MC's was met with mixed reviews from music critics. Bruce Smith of HipHopDX gave the album three out of five stars, saying "while Piecemaker Vol. 3 has its highlights, it's not without its flaws. At times, the production of the Beatnuts (which covers most of the project) can feel dated, as do some of the featured emcees. Piecemaker Vol. 3: Return of the 50 MCs is a mixtape in its truest form, for better or worse. While some will champion this as 'true Hip Hop,' the abundance of filler can't be ignored".
Commercial performance
The album debuted at number 175 on the Billboard 200 chart, with first-week sales of 2,400 copies in the United States. | WIKI |
Talk:Gyula Andrássy
Date of birth
date of birth should be 3. march. check out hungarian wikipedia or look up the sources. pm 3.3.2016 8.29am
Marriage of Daughter
Article states that daughter Ilona (b.1859) married Count Batthyany. The link says that Batthyany was executed Oct 6 1849.```` —Preceding unsigned comment added by Sidney Bung (talk • contribs) 20:16, 21 October 2007 (UTC)
Place of birth
The village Oláhpatak as place of birth is mentioned insted of Kosice only in very few books. Otberg (talk) 23:00, 29 December 2012 (UTC)
* You are right but the "birthplace" problem is not decided. His other possible birthplace is said to be Oláhpatak, present-day Vlachovo. Fakirbakir (talk) 23:14, 29 December 2012 (UTC)
* But the acticle mentions just Oláhpatak. --Otberg (talk) 00:29, 30 December 2012 (UTC) | WIKI |
Tabs
/libs/granite/ui/components/coral/foundation/tabs
The tab panel.
It has the following content structure:
granite:Tabs
1. granite:commonAttrs
2. granite:renderCondition
3. granite:container
orientationstring
1. horizontal
1. horizontal
2. vertical
The orientation of the tabs.
sizestring
1. M
1. M
2. L
The size of the tabs.
marginboolean
Put vertical margin to the root element.
maximizedboolean
Make the element maximized to fill the available space.
trackingFeaturestring
The name of the feature that the interaction takes place.
See foundation-tracking.
trackingWidgetNamestring
The name of the widget.
See foundation-tracking.
Each item at least has the following content structure:
granite:TabsItem
jcr:titlestring
mandatory
i18n
The tab title.
trackingElementstring
The element this component represent for the purpose of tracking. By default the value of jcr:title is used.
See foundation-tracking.
parentConfig
1. granite:TabsItemParentconfig
The item specific config for the parent.
granite:TabsItemParentconfig
activeboolean
Indicates if the tab is active. If no single tab’s active property is specifically set to true, then the first tab is active.
iconstring
Indicates the icon of the tab.
Example:
+ mytabs
- sling:resourceType = "granite/ui/components/coral/foundation/tabs"
+ items
+ tab1
- jcr:title = "Tab 1"
- sling:resourceType = "granite/ui/components/coral/foundation/container"
+ tab2
- jcr:title = "Tab 2"
- sling:resourceType = "granite/ui/components/coral/foundation/container"
+ parentConfig
- active = true | ESSENTIALAI-STEM |
Augustin Gensse
Augustin Gensse (born 10 August 1983) is a French professional tennis player.
Tennis career
Gensse has played two singles matches in the ATP Tour. At the Spain (Open de Tenis Comunidad Valenciana), he defeated Gorka Frailin and Alan Mackie in the qualifications. As a qualifier, he reached the second round of the tournament, winning against James Ward and losing against Iván Navarro.
He won fourteen Challenger and Futures titles, 10 singles and 4 doubles.
In 2011, he played for the first time in a Grand Slam main draw at the 2011 French Open and lost to Stanislas Wawrinka at the first round in four sets. 4–6, 6–3, 6–2, 6–4
At the 2011 US Open, Gensse qualified for the second time of the year for a Grand Slam main draw. On the first round, he lost against Janko Tipsarević in straight sets. 6–2, 7–5, 6–0
In June 2012, he injured his ankle and was forced to stop his career. He became at the end of the year the ambassador of Decathlon and their tennis brand Artengo.
In 2015, during Roland Garros, he worked as a sparring partner. He warmed-up both finalists Novak Djokovic and Stan Wawrinka the morning of the final.
Tennis coach
In January 2013, he became the coach of the Slovakian Michaela Hončová. Since May 2015, he's now the coach of the frenchwomen Manon Arcangioli. | WIKI |
Curbside Consultation
Evaluation of Behavior Change in Patients with Developmental Disabilities
Am Fam Physician. 2016 Apr 15;93(8):686-692.
Case Scenario
A mother brought her 19-year-old nonverbal, autistic son to our clinic. She requested medication for him to reduce the number of episodes that include loud vocalizations, thrashing, and head banging. These episodes usually occur in the car. At baseline, the man has difficulty with movement, characterized by decreased fine-motor control, impulsivity, and sudden darting away. His vision and hearing are normal. He often becomes overstimulated in busy environments. He has a partial complex seizure disorder for which he takes lamotrigine (Lamictal). How can I help this family?
Commentary
When addressing problem behaviors in patients with developmental disabilities, it is critical to understand the underlying reason for their manifestation, particularly if there is a change from baseline behavior or function, and medical causes should always be considered first. The physician's approach should emphasize physical, psychological, and emotional safety for both the patient and his supporter or caregiver, and help the patient build a sense of control and empowerment. Coercion, isolation, restraining measures, harsh or devaluing words, labeling, and focusing on what is “wrong” with the person can be harmful or trigger past trauma. These methods should be avoided by physicians and caregivers or supporters.1,2
INITIAL APPROACH
The physician should begin by clarifying the presenting circumstances using the following questions.
How Does the Patient Communicate Best? The first step is to communicate directly with the patient about his concerns. With the patient's permission, information about the reason for the visit may also come from other persons. However, supporters and caregivers may not recognize all of the relevant signs or symptoms and may not have accurate information.
Being nonverbal is not the same as having nothing to say. Everyone communicates, but that capacity is often overlooked in persons with limited speech, dysmorphic features, or cognitive disabilities. Some persons will communicate best through methods such as writing, typing, pointing to picture icons or letters, sign language, gestures, facial expressions, demonstrations, leading by the hand, sounds, physical signs, or behaviors. For example, behaviors such as darting off, self-injury, or aggression can be a way to communicate distress. However, behaviors that are the result of adaptive, impulsive, or involuntary movements rather than attempts to communicate can be misinterpreted.
Patients often come to appointments with supporters who, like interpreters and cultural brokers, can assist with communication. Information and videos that model how to work effectively with supporters can be found at http://odpc.ucsf.edu/supported-health-care-decision-making. Physicians can encourage patients to complete a personalized accommodations report (http://www.autismandhealth.org/) or health passport (http://odpc.ucsf.edu/sites/odpc.ucsf.edu/files/pdf_docs/FCIC_Health_Passport_Form_Typeable_English.pdf), which can help others understand the patient's needs. Some persons with disabilities can complete these documents independently. Others can complete them with the assistance of a trusted supporter.
Physicians can make simple accommodations such as turning off fluorescent lights, maintaining a scent-free office, allowing extra time for the visit, or using plain language and anatomy pictures or models. These can make a big difference in a patient's ability to participate in his or her own care. Other tips and strategies for working with nontraditional communicators can be found on the website of the University of California, San Francisco's Office of Developmental Primary Care (http://odpc.ucsf.edu).3,4
Is the Behavior a Change from the Patient's Baseline? If the behavior is new, it may be the result of a medical condition or an environmental change. If the behavior is not a change from baseline, it may simply be calming, adaptive, or developmentally appropriate for the patient.
Has the Caregiver's Situation Changed? Sometimes a patient's behaviors are not new, but instead there has been a change in the caregiver's ability to cope. In this case scenario, the son's vocalizations and thrashing may have been manageable until the mother started a carpool or developed migraines.
MEDICAL EVALUATION
Undiagnosed or undertreated medical problems often cause changes in behavior. Simple problems such as constipation or rashes can be very distressing. Sensory processing and communication differences may make it challenging for a patient with disabilities to localize or describe his or her distress. Common medical problems that contribute to behavior change are listed in Table 1.5,6 Physicians should perform a comprehensive physical examination and review of systems, as well as consider a urinalysis and basic metabolic panel. Common problems can also present in unusual ways. For example, hearing changes that result from a buildup of earwax can cause head banging, or reflux can present as insomnia. Patients with disabilities may also not exhibit typical pain behavior, such as moaning, grimacing, and touching the part that hurts.6
Nonmedical causes of behavior change should also be considered (Table 2).
Enlarge Print
Table 1.
Common Medical Causes of Behavior Change in Persons with Developmental and Intellectual Disabilities
Cervical spine problems
Constipation
Dementia
Dental pain
Dysphagia
Gastroesophageal reflux
Joint, tendon, or ligament injuries
Kidney stones
Medication adverse effects
Migraines
Occult fractures
Psychiatric disability
Seizures
Thyroid problems
Trauma, including posttraumatic stress
Unrecognized pain or discomfort
Urinary or biliary obstruction
Urinary tract infection
Information from references 5 and 6.
Table 1.
Common Medical Causes of Behavior Change in Persons with Developmental and Intellectual Disabilities
Cervical spine problems
Constipation
Dementia
Dental pain
Dysphagia
Gastroesophageal reflux
Joint, tendon, or ligament injuries
Kidney stones
Medication adverse effects
Migraines
Occult fractures
Psychiatric disability
Seizures
Thyroid problems
Trauma, including posttraumatic stress
Unrecognized pain or discomfort
Urinary or biliary obstruction
Urinary tract infection
Information from references 5 and 6.
Enlarge Print
Table 2.
Common Nonmedical Causes of Behavior Change in Persons with Developmental and Intellectual Disabilities
Abuse or other stressors
Boredom that leads to anxiety
Escape from or avoidance of demands
Increase in arousal or self-stimulation
Means of accessing preferred activity or objects
Pursuit of power and control
Sensory problem (e.g., hearing, vision, sensory integration)
Substance abuse
Unmet need for social attention
Table 2.
Common Nonmedical Causes of Behavior Change in Persons with Developmental and Intellectual Disabilities
Abuse or other stressors
Boredom that leads to anxiety
Escape from or avoidance of demands
Increase in arousal or self-stimulation
Means of accessing preferred activity or objects
Pursuit of power and control
Sensory problem (e.g., hearing, vision, sensory integration)
Substance abuse
Unmet need for social attention
TREATMENT APPROACH
The goal of treatment is to address the cause of behaviors rather than to suppress them in the context of an untenable situation. When discussing these issues, the physician should assume the patient is capable of understanding and participating in his own care, with or without support and accommodation. The physician should also model positive, respectful communication. These attitudes decrease the anxiety persons with disabilities often have as a result of being underestimated, misunderstood, or misrepresented.
Behaviors that are not harmful should be accepted and accommodated. If the predominant reason for the visit is caregiver stress, that can be addressed with additional respite, education, referrals to service agencies, social support, mindfulness classes, or assistance with practical problem solving.7 Medical treatment should target any identified, remediable medical conditions that may be interfering with the patient's ability to participate fully in his environment. Further treatment should help the patient and caregiver manage nonmedical conditions.
If the cause of the behavior cannot be determined, changing the patient's social, physical, or sensory environment can often resolve the issue. In the case presented, the patient may be having an unrecognized sensory problem in the car, such as sensitivity to bright sunlight. Additionally, fear of being exposed to a seizure trigger, such as the strobe-like flashes that occur when driving past evenly spaced poles, can make car rides stressful for some. Caregivers and supporters should be advised to experiment with their routine, perhaps by putting up window shields, trying another driver, reducing the number of passengers in the car, or playing favored music.8
THE ROLE OF MEDICATION
Problem behaviors alone, such as aggression or self-injury, are not grounds for a psychiatric diagnosis. However, mental health problems are common in persons with developmental disabilities. With consent and appropriate diagnosis, medical treatment for psychiatric disability can be effective. The National Association for the Dually Diagnosed (http://thenadd.org) has developed an adaptation of the Diagnostic and Statistical Manual of Mental Disorders specifically for patients with intellectual disability.9 According to Canadian consensus guidelines, patients with developmental disabilities who do not have a diagnosed psychotic illness should not be treated for difficult behavior with antipsychotic medications.10,11
Address correspondence to Clarissa Kripke, MD, FAAFP, at clarissa.kripke@ucsf.edu. Reprints are not available from the author.
Author disclosure: No relevant financial affiliations.
REFERENCES
show all references
1. Georgia Department of Behavioral Health and Developmental Disabilities. Guidelines for supporting adults with challenging behaviors in community settings, 2005. http://www.nasddds.org/uploads/documents/GA_GuidelinesSupportingAdultsChallengingBehaviors.pdf. Accessed September 15, 2015....
2. Keesler JM. A call for the integration of trauma-informed care among intellectual and developmental disability organizations. J Policy Pract Intellect Disabil. 2014;11(1):34–42.
3. Nicolaidis C, Raymaker DM, Ashkenazy E, et al. “Respect the way I need to communicate with you”: healthcare experiences of adults on the autism spectrum. Autism. 2015;19(7):824–831.
4. Surrey Place Centre. Vanderbilt Kennedy Center. Health care for adults with intellectual and developmental disabilities: toolkit for primary care providers. http://vkc.mc.vanderbilt.edu/etoolkit/. Accessed September 15, 2015.
5. de Winter CF, Jansen AA, Evenhuis HM. Physical conditions and challenging behaviour in people with intellectual disability: a systematic review. J Intellect Disabil Res. 2011;55(7):675–698.
6. Charlot L, Abend S, Ravin P, Mastis K, Hunt A, Deutsch C. Non-psychiatric health problems among psychiatric inpatients with intellectual disabilities. J Intellect Disabil Res. 2011;55(2):199–209.
7. Reid C, Gill F, Gore N, Brady S. New ways of seeing and being: evaluating an acceptance and mindfulness group for parents of young people with intellectual disabilities who display challenging behaviour. J Intellect Disabil. 2016;20(1):5–17.
8. Nicolaidis C, Kripke CC, Raymaker D. Primary care for adults on the autism spectrum. Med Clin North Am. 2014;98(5):1169–1191.
9. Fletcher R, Loschen E, Stavrakaki C, First M, eds. DM-ID: Diagnostic Manual-Intellectual Disability: A Clinical Guide for Diagnosis of Mental Disorders in Persons with Intellectual Disability. Kingston, NY: NADD Press; 2007.
10. Sullivan WF, Berg JM, Bradley E, et al.; Colloquium on Guidelines for the Primary Health Care of Adults with Developmental Disabilites. Primary care of adults with developmental disabilities: Canadian consensus guidelines. Can Fam Physician. 2011;57(5):541–553, e154–e168.
11. Tyrer P, Cooper SA, Hassiotis A. Drug treatments in people with intellectual disability and challenging behaviour. BMJ. 2014;348:g4323.
This series is coordinated by Caroline Wellbery, MD, Associate Deputy Editor.
A collection of Curbside Consultation published in AFP is available at https://www.aafp.org/afp/curbside.
Please send scenarios to Caroline Wellbery, MD, at afpjournal@aafp.org. Materials are edited to retain confidentiality.
Copyright © 2016 by the American Academy of Family Physicians.
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Navigate this Article | ESSENTIALAI-STEM |
philatelic forgery
Noun
* 1) A forged stamp intended to defraud stamp collectors, rather than the postal authorities. | WIKI |
Consular immunity
Consular immunity privileges are described in the Vienna Convention on Consular Relations of 1963 (VCCR). Consular immunity offers protections similar to diplomatic immunity, but these protections are not as extensive, given the functional differences between consular and diplomatic officers. For example, consular officers are not accorded absolute immunity from a host country’s criminal jurisdiction, they may be tried for certain local crimes upon action by a local court, and are immune from local jurisdiction only in cases directly relating to consular functions.
Procedure
Procedurally, official acts immunity is raised as an affirmative defense. | WIKI |
Syria slams U.S. coalition for destruction of bridges in east
BEIRUT (Reuters) - The Syrian government on Thursday criticized the U.S.-led coalition fighting Islamic State for destroying two bridges on the Euphrates river this week in areas the jihadists hold in the east of the country. Monitoring group the Syrian Observatory for Human Rights said warplanes most probably from the coalition hit the two bridges in Deir al-Zor province on Tuesday and Wednesday, making them unusable. The attacks “confirm the so-called international coalition’s intent to bomb and destroy Syrian infrastructure and economic and social establishments through repeated aggressive acts,” state TV quoted the foreign ministry as saying. Syria’s ambassador to the U.N. Bashar Ja’afari said the bridges had been used by hundreds of thousands of civilians. The Observatory said putting the bridges out of action would impede aid deliveries to areas in need and hamper movement of civilians. The United States has been leading a campaign against Islamic State in Syria’s east, supporting Arab and Kurdish fighters on the ground with air strikes. Reporting by John Davison in Beirut and Michelle Nichols at the United Nations; editing by Dominic Evans | NEWS-MULTISOURCE |
ISconf
In computing, ISconf is a software tool to manage a network of servers.
ISconf operates on a pull model, meaning even servers that are not up when a change is made will receive the change once they come back up. As of version 4, ISconf requires no central server, though it does expect all servers to start identically, which is easiest to accomplish using some form of automated install which may require a central server.
Theory
ISconf comes from the "InfraStructure administration" movement which created and defined most of the OS-side backgrounds (in theory terms) of what is now making up the DevOps sphere. It is based on the idea that the best way to keep servers from diverging is to apply the same set of operations in the same order.
This is in contrast to the "convergence" theory of system automation, which attempts to "converge" servers to known states from arbitrary states using sets of rules such as "if a package outside of this set is installed, uninstall it", "if package X is not installed, install it", or "if daemon X is not running, start it". According to Steve Traugott, there is no way to guarantee that a given set of rules will actually be able to converge from any given state.
ISconf enforces the order of operations by assuming only commands issued through it change the state of the system. As a result, if a package or file is installed on a system manually, it will stay there, which may eventually cause problems such as version conflicts. ISconf is targeted at environments where configurations must remain identical. In such environments, it is typical to give only a few systems administrators root access to hosts. This minimizes the risk of manual changes because it is easy to train a small group of people to only make changes through ISconf.
ISconf was inspired by, and originally implemented as, Makefiles. However, Makefiles specify dependencies and not a total ordering of operations. ISconf version 1 dealt with this by making each operation dependent on the previous one, but this was tedious and poorly suited to Make. More recent versions of ISconf use a simple append-only journal.
Major versions
The major version in common use apparently were ISconf2 and ISconf3, while ISconf4 stayed in a very long beta period. It had in fact been finished and put to use in larger environments but due to the delay saw limited community adoption.
* ISconf 1 (Makefiles)
* ISconf 2 (early 200x?) written by Steve Traugott
* ISconf 3 (2002) was a rewrite of version 2 by Luke Kanies.
* ISconf 4 was mostly written by the original author, Steve Traugott.
Trivia
Luke Kanies later switched to CFengine2, until finally authored and released Puppet. As a result, one could consider ISconf an ancestor of Puppet, though both CFengine and Puppet implement the "convergence" model of configuration management, essentially the opposite of the "order of operations" model implemented by at least ISconf versions 1, 2, and 4. | WIKI |
Two (TV series)
Two is a Canadian drama series which aired in syndication from September 1996 to June 1997.
Production
Premiering in September 1996, the syndicated drama series had 24 episodes and ran until 1997. The actor Adam Storke originally was chosen to play the main character, but the producer Stephen J. Cannell chose Easton to take over since he felt Easton was more appropriate for the role.
Due to low ratings, the show was canceled after one year.
Synopsis
It featured Michael Easton as Gus McClain, a college professor from Seattle who is framed for the murder of his wife by his twin brother Booth Hubbard (Easton in a dual role). Hubbard, whose existence had previously been unknown to McClain, committed several murders while assuming McClain's identity, leaving Gus on the run from the FBI. Complicating matters more was that Booth had a brain tumor that could kill him at any moment and leave Gus without a way to clear himself. The primary FBI investigator in the case was Theresa "Terry" Carter (Barbara Tyson), whose partner was a victim of Hubbard and does not believe his claims of a twin brother. It featured Andrew Sikes as a recurring character trying to help McClain.
Cast
* Michael Easton as Gus McClain/Booth Hubbard
* Barbara Tyson as Theresa "Terry" Carter
Reception
The Toronto Star television critic Jim Bawden praised the show, saying "if it's played out properly", it could be like The Fugitive. Saying the series "sports a sleek look", he said main character "Easton makes us believe, through subtle gestures, that there are two of him". The Los Angeles Times's Jon Matsumoto said, Two offers a less compelling set of circumstances than The Fugitive since "the professor knows the identity and motives of the real killer" and "It's also difficult to believe that an innocent man with an unblemished past could be successfully framed for not one but five murders committed by his brother." | WIKI |
Page:You Know Me Al.djvu/235
and told her that her and I is going to Bedford and the Allens can go where they feel like and they can go and stay on a boat on Michigan lake all winter if they want to but I and Florrie is comeing to Bedford. Down to the bottom of her letter she says Allen wants to know if Callahan or Mcgraw is shy of pitchers and may be he would change his mind and go a long on the trip. Well Al I did not ask either Callahan nor Mcgraw nothing a bout it because I knowed they was looking for a star and not for no left hander that could not brake a pane of glass with his fast 1 so I wrote and told Florrie to tell Allen they was all filled up and would not have no room for no more men.
It is pretty near time to go out to the ball park and I wisht you could be here Al and hear them San Francisco fans go crazy when they hear my name anounced to pitch. I bet they wish they had of had me here this last year.
Yours truly,
Medford, Organ, Nov. 16.
Well Al you know by this time that I did not pitch the hole game in San Francisco but I was not tooken out because they was hitting me Al but because my arm went back on | WIKI |
Automatic filing with Hazel and Mavericks tags
[Tweet]
I’ve finished a tag-based filing system I started working on before Mavericks. I personally think it’s flexible enough to be shared, but others may balk at the apparent complexity. It does take some planning and setup, but it’s an effective way for me to manage files.
The basic idea is that you save new files and incoming attachments that you don’t immediately have a place for to your Desktop. I sometimes fill up about half my Desktop (with 64px icons) with new project files over a day. Then, when you have time to review, you apply special tags that Hazel recognizes, triggering a script that handles filing based on the tags applied. Speed up the tagging process with a keyboard shortcut. The files move to their locations in a shallow folder hierarchy, and the additional tags you put on them during the review make them searchable.
The path tags are redundant after filing, because the folder path already roughly represents that metadata, in most cases. You can tag a target folder with a tag name completely different from its folder name, and you can have multiple target tags on one folder. Thus, it can be handy to have the path string in the tag to know why it originally ended up in that folder.
There’s a primary set of “context” folders that define major divisions in tag groups. Mine include “Projects,” “Work,” “Writing,” and “Archive,” among a few others. In my system these are the root folders of what I consider multiple organization paths. These are tagged with an equal sign prefix and start with a capital letter: =Archive. When tagging a file to find them, a hash is used instead: #Archive.
The path strings are colon delimited “paths.” Each section of the string is parsed in order from left to right. Based on the primary context tag (#Tag) that must exist for it to be picked up for filing, the first segment of the string is searched for in the root folder. The first search is for a folder tagged (@string) in the full depth of the folder system. If one is found matching the current segment, it becomes the root for any further searches. If the string continues, it does the same search for the next part within the last located folder. If at any time a tagged folder is not found, it generates new nested folders the remainder of the path string. For example:
1. I have a folder hierarchy two levels deep off the main context folder:
Writing (=Writing)
Notes (@note)
General Brainstorming (@brainstorm)
2. I tag a file with the following:
(#Writing) (:brainstorm:maverickstagging)
3. The file is picked up by Hazel when it sees a #Tag on it and passed to the filing script.
4. The script starts with “brainstorm” and searches for a tagged folder in “Writing.”
5. It will locate “General Brainstorming” based on the @tag and skip ahead to that level of the folder hierarchy.
6. It will look for a tagged folder with @maverickstagging, but it won’t find one.
7. It will check for an existing directory named “maverickstagging.” It won’t find one.
8. It will create a new folder inside of “General Brainstorming” called “maverickstagging.”1
9. If you use the same path string on another file, the new folder will be recognized by name and the file added to it.
Note that files with colon-delimited-string tags are searchable by any section of the path as tags. If you give your target folders semantic tags (or names), the path tags are perfectly usable for search. They just don’t show up as individual tags in tag lists, you have to manually create “tag:tagname” searches.
I don’t file very deep, so my path tags are rarely longer than three sections. This makes them easily reusable through autocomplete, and common folders are a couple of keystrokes away once you’ve filed to them a couple of times.
Only one #Context and one :path:tag should exist in a single file’s tags.
Searching
Finding a file is simple, now. I can choose to search system-wide, within a context folder or just use a top-level #Context tag to filter out any ambiguously-tagged files and folders from other contexts. Then I search with a string like:
tag:brainstorm tag:mav filename:.scriv
That will instantly bring up the rough draft for the book I’m working on. Note that “mav” matches “maverickstagging,” as you only need the first few letters of a tag to pick it up. In cases like this where there are fairly specific tags in place, I can skip the extra folder tag and just search for tag:mav filename:.scriv or tag:mav kind:Scrivener. In my mind, this is simple and works with the way I search for files.
Speaking of searching for files, this system nests as deeply as you want to. I keep it shallow, but if you prefer to find files by clicking, it will let you. The benefit you still get is that you can assign and search for common tags throughout your filesystem, grouping files and folders from different projects and contexts in a single search or Smart Folder.
TL;DR
Tag target folders
• Tag primary “context” directories with =Tagname (e.g, =Archive, =Project)
• Tag target subfolders with @tagname (@contract, @pearson)
Tag files
• Tag files with a target context #Tagname
• # matches = in the search
• Add subfolder matches in sequence, starting with and separated by colons :contract:pearson
• These are matched in order
• If it matches an @tagged folder first, it searches for the next string within that folder
• If there’s no @tag folder to match, it checks for a matching folder name
• If there isn’t one, it creates a folder hierarchy from that word on and nests folders for any following sections of the path string
• The file is moved to the last located or created folder in the path chain
Installing
Here is the script that Hazel will need. Save it to tagfiler.rb in a folder somewhere. Make it executable by running chmod a+x path/to/tagfiler.rb in Terminal.
Set up a single rule on the Desktop (or wherever you want your “Inbox” folder) to match any file with “Tags contains #” and add a Run Shell Script action. Choose “Other” from the dropdown and point it to tagfiler.rb.
The “#” condition makes it possible to tag files on your desktop without filing them. Only files containing a primary context are picked up for filing.
It should give you a notification with success or error message. If you have any trouble, you can try saving the script to a file and running ruby tagfiler.rb path/filename on the command line and seeing what you get for errors.
1. Tags often don’t make good folder names. If you’re creating folders from tags and want a better-looking name, just rename it and add the original name as an @tag on it. You can also use Planter to pre-create repetitive hierarchies with tags assigned. | ESSENTIALAI-STEM |
Talk:Zoophilia/Archive 23
Still plenty of summarising and trimming to do, but
When you go in the edit window in the article it no longer tells you the article is so long you should consider splitting it into more separate ones due to its length.:) Charity (Talk) 01:02, 26 January 2009 (UTC)
lists of articles, books, papers etc
These should be much shorter, listing only the most pertinent ones. Charity (Talk) 01:02, 26 January 2009 (UTC)
Pic- leda and swan
(This is User:Sticky Parkin, I've made this account to work on some articles- just letting you know so you don't think I'm pretending to be a different person. :) ) The Leda and the Swan pic should not be used. It depicts rape by a god, Zeus, so it is not even depicting sex with an animal as an animal, plus do zoophiliacs really want to be associated with rape? It is actually I imagine pretty impossible to have sex with a swan, they don't even have a proper penis. As said earlier on this page, most zoophilia is for dogs or horses and other mammals, not a bird, so it's not even accurate. It is pretty, but for this subject that makes it a purely illustrative pic, a type of article adornment which as wikipedians we are told not to use. As someone who studied classics at uni I find it quite wrong to use this pic in this way. A lot of cultures have myths where the gods take various shapes to interact with humans- that doesn't mean they were endorsing zoophilia in those instances, it could be just to show the power of the gods over the physical world. For instance, God came to Mary; is that depicting sex with oxygen, with a hallucination or incubus? Is Zeus coming in the form of a shower of gold to Danae meaning the gods loved and encouraged golden showers? No. To describe it as doing so is inaccurate and to imply that it did or use it to adorn those pages would be both misleading and purely illustrative/aesthetic. [[User:Charity Shopaholic| Charity ]] [[User talk:Charity Shopaholic| (talk) ]] (talk) 15:54, 24 January 2009 (UTC)
* P.S. Will try and fix sig in a bit..... fixed :) Charity Talk 17:12, 24 January 2009 (UTC)
* I'll gross you out for a moment by noting that geese are actually one of the few species of birds that do have penises, along with ducks and some ratites (IIRC). But that's neither here nor there.
* Trying to remove that section on the grounds that the various myths listed depicted figurative sex with animals seems a rather weak point, and one which hinges rather strongly on the theory that mythological or figurative sex is somehow not actually sex... or something. Even if we agree that it's not exactly the same, this article still seems like the most appropriate place to list those myths together, unless someone wants to create an article on sex with animals (except not really) in fiction.
* Also, can you explain why I've seen several brand-new accounts all trying to make the exact same edit recently? Not accusing, just wondering... Zetawoof(ζ) 22:05, 24 January 2009 (UTC)
* I've not tried to remove any section, I just thought the pic at the top was not relevant to that position. As explained at various places, some of the accounts are different established users who just don't want their main account associated with an article with this stigma/reputation, so have made accounts for the purpose of editing controversial subjects, in accordance with policy. They are not pretending to be anyone else or backing up themselves. I don't think people have made the same edits, if so maybe they just agree with parts of other's edits. Charity (Talk) 01:41, 25 January 2009 (UTC)
* I have so far seen the following three users all make edits to remove the mythology section:
* User:La Mejor Ratonera (three edits, all to this article)
* User:Dave Chaparral (14 edits since December 2007, two of which are to this article)
* User:Drum Scope (three edits, all to this article)
* As of right now, the section is still missing in action following Dave Chaparral's most recent edit. Unless he can present some reason to leave the section out that's stronger than describing it as "sheer nonsense" (or "don't Puck with Shakespeare"), I can't see any reason to leave it out... Zetawoof(ζ) 02:18, 25 January 2009 (UTC)
* I don't know these people and hadn't seen what they got upto to have an opinion (there's a lot to catch up on.) This article has received substantial discussion on a certain forum recently which often draws some new attention to articles- new input is usually good for an article. If you think they are socks of each other (are the same person), you could make a WP:SPI request. Charity (Talk) 02:27, 25 January 2009 (UTC)
* A god with human like mind, makes his body be like the body of an animal, while retaining his mind, in my opinion, is anthropomorphism, or more accuratly (though less often used) zooanthropomorphism, in the less strict sense (meaning with human and animal characteristics, not necessarily just shapes), some people might call it furry (a word that has plenty of different but somewhat related definitions depending on who you ask), but regardless of the exact terms, it doesn't belong in this article IMO. --TiagoTiago (talk) 02:14, 21 April 2009 (UTC)
What is wrong with illustrative pictures? http://en.wikipedia.org/wiki/Wikipedia:Manual_of_Style#Images says nothing against them, indeed I think that would be the point of using images!<IP_ADDRESS> (talk) 03:50, 23 May 2009 (UTC)
"Coming Soon" POV pushing
A checkuser has just confirmed that all the users showing up to remove or minimize claims that the film was a fictional depiction were - surprise, surprise - sockpuppets of a single user. As there appears to be reasonably strong evidence that the film was fictional, and no evidence that it was a factual documentary, I've edited the section to reflect the evidence accordingly. Zetawoof(ζ) 02:50, 27 January 2009 (UTC)
* Is the film really notable enough to be mentioned at all? --Conti|✉ 11:08, 27 January 2009 (UTC)
* You know, it's probably not. Blam. Zetawoof(ζ) 11:22, 27 January 2009 (UTC)
* Just received an e-mail confirmation from Dr. Peter Singer about his COMING SOON blurb. (His quote was ""A film that manages to be both hilarious and disturbing, to entertain while it raises deep questions about the things we are, and are not, prepared to tolerate regarding the treatment of nonhuman animals.") This itself makes this film one of the most important discussions about Zoophilia. Somna —Preceding undated comment was added at 08:08, 13 February 2009 (UTC).
Just out of curiosity, have any of the censors watched the film at all? You can do so for free via Google. I can't see how anyone remotely interested in Zoophila can dismiss this film as irrelevant. User Conti keeps writing about better sources. I recommend visiting comingsoon cz and click on the Praise/Critiques section for a huge list of sources including Czech national radio, tv, politicians, universities, German, Swedish, French sources, etc. What exactly is it you're looking for? I don't particularly care much about the film but I do care about E.F.A., since it's the only organisation I know about who is fighting for equality for non-abusive zoos. What about it makes this too taboo for Wikipedia - especially in an article ABOUT ZOOPHILIA? I don't want to write this under my regular Wikipedia username because of the sensitive topic but I am long-term contributor to Czech Wikipedia and I think this film, or at least E.F.A. should be mentioned in one way or anther. MorticiansInc —Preceding undated comment was added at 14:23, 9 February 2009 (UTC).
I have been reserachimg this film for the past few days, ever since hearing about it on PetForum, and it seems like Zetawoof is the one guilt of POV pushing. I Googled the names in the credits and it turns out that the Psychiatrist in the film, Dr. Martin Holly is the head of the largest Psychiatric hospital in the Czech Republic. The Journalist is one of the head editors of Czech National Radio. Hardly a spoof. The other names didnt come up yet. As per E.F.A., I, too, am a mamber and have been in touch with other mambers and its certainly not fake. Try joining and see! Yours truly, AnimalsForPres
Since edit-warring with sockpuppets is no fun, can we get a definite consensus on whether we should include this film in the article or not? My !vote is nay, considering there are no reliable sources about it, combined with dubious POV-pushing by sockpuppets. --Conti|✉ 18:57, 27 January 2009 (UTC)
* Nay: no need for WP:UNDUE/promotion of this one work of fiction on this fairly broad topic. And without WP:RS, it's not viable content at all (per WP:V removal of unsupported claims). DMacks (talk) 19:11, 27 January 2009 (UTC)
* Half the films, books etc should go as there are too many and they can't all have equal notability. It doesn't seem as long as it did though. Charity (Talk) 21:09, 28 January 2009 (UTC)
To Charity Shopaholic, you seem to like Oxfam. Great Charity. One of your biggest supporters, Dr. Peter Simger, had this to say about COMING SOON, "A film that manages to be hilarious and disturbing, to entertain while raising deep questions about the things we are and are not willing to tolerate regarding the treatment of non=human animals." Still think the film¨s irrelevant? Yours trul, AnimalsForPres
Hello Folks, I am the user formally known as Kalifona. They blocked me from editing for some reason, so I made a new account. There must be a problem with checkuser, since I am not the same person, and do not share anz IP address or network with the people, who made the first edits about this film.
I found out about these deletings through www.equalityforall.net (of which I am a member) and tried to come up with a compromise. Look at my entry, no POV pushing there:
* www comingsoon cz Coming Soon] (2006, Sir Tijn Po, released by Devilhead Films): The film uses a documentary-like structure about E.F.A., a group claiming to be the world's first zoophile-rights organization. The film follows their views, trials and tribulations - thereby exploring "civilization's eternal quest for the perfect balance between love, tolerance, morality, censorship, tradition, experimentation, etc." (The true nature of Coming Soon and E.F.A. have been disputed. ) The film had its international premiere at Berlin's Kino Babylon (Mitte) on Good Friday, 2008. Online viewing, as well as the official DVD launch, started on Independence Day, July 4th, 2008. Won a special award for "Originality and Support for Suppressed Minorities" at the Finále Festival in Plzeň, Czech Republic, where it premiered. —Preceding unsigned comment added by Zetapuppy (talk • contribs) 10:23, 30 January 2009 (UTC)
The E.F.A. organization is certainly not fictional and has members from all over the world.
Whether or not the film is a "real" documentary or not seems to be pretty irrelevant since most of the film included in this article are fiction. But I would certainly recommend putting back information about the film. Why dont you just leave out the words documentary and get it over with??? This film means a lot to many people, particularly Zoos, and I dont see why you would vandalise it because of a few Spammers. Vandalism and censorship only invites more vandalism and censorship. —Preceding unsigned comment added by Zetapuppy (talk • contribs) 10:20, 30 January 2009 (UTC)
I realize this investigation was closed last month: The sockpuppets have been duly verified and blocked, a vandalized article about a legitimate 1982 film by the same title has been restored, and deletions have been scheduled and/or carried out. I just wanted to briefly note, for the benefit of any who may still be interested, that whoever's promoting this video seems now to have moved on to the Huffington Post comment board. (Out of 95 of the user Flagrantlover's total comments on that site, I counted at least 54 that provided links to the mockumentary.) So ... just in case there was still any doubt ... Rangergordon (talk) 13:02, 7 February 2009 (UTC)
I fail to see the connection between Wikopedia Spammer and Huffington Post Spammer. I found at least 30 discussions (in English, French, Swedish and German) on the Internet about this film. Some look like ads and some look sincere. I don't think they can all be from same person or group. It looks like the best way to get something deleted from Wikipedia is to write a lot of Spam IN FAVOR of the same thing. If I Spam about Ron Paul will you delete the whole article :-) I agree with some other opinions here that it is beginning to look like censorship but I can't see if it is because of the pro-zoophili position of this film and E.F.A. or because of the anti animal abuse position of Coming Soon and E.F.A.? MorticiansInc
* History repeats itself. Take a look at the history of another similarly named film around February 2007. Incidentally, someone should set up a proper disambig between the two films. Zetawoof(ζ) 23:04, 8 February 2009 (UTC)
To Zetawoof: Good job with disambiguation. I think there should be another section, however, Coming Soon (2006 film) or 2008 if you only count English versions.MorticiansInc
* No. Zetawoof(ζ) 20:55, 9 February 2009 (UTC)
* Why are you asking it? DIY! Somna
Add one more voice in favor of COMING SOON being included. One of the most acclaimed Czech films in years and a source of great pride to us! Antifiducia —Preceding undated comment was added at 12:57, 7 February 2009 (UTC).
* If this is actually "one of the most acclaimed Czech films in years", I weep for the Czech film industry. Zetawoof(ζ) 20:55, 9 February 2009 (UTC)
* I, in turn, weep for the future of Wikipedia when people as coarse and uninformed as you have the slightest editorial power over its content. (See your User Page for why I call you coarse and uninformed.) Somna —Preceding undated comment was added at 08:10, 13 February 2009 (UTC).
Hokusai - The Dream of the Fisherman's Wife
I have added this image, which is probably the most famous modern image of Zoophilia. I hope it is in the right place. Image:Tako.jpg Hokusai]], Katsushika（葛飾北斎) (1760–1849)The Dream of the Fisherman's Wife.<IP_ADDRESS> (talk) 03:43, 23 May 2009 (UTC)
Anthropophilia???
If both humans and animals can be homosexual, I don't see why they couldn't be zoosexual as well. —Preceding unsigned comment added by <IP_ADDRESS> (talk) 23:09, 12 June 2009 (UTC)
* Is that possible? This article does not mention that but I am just wondering is it possible for an animal to feel attraction to a human? I heard once that a dog was trying to rape a girl, a friend told me but still wondering if that is possible. 03:15, 22 February 2009 User:<IP_ADDRESS>
* In breeding falconry birds, if a young nestling is raised in the nest by humans, it may grow up sexually imprinted to humans, resulting in the opposite to zoophilia. The imprint goshawk is common. If a human wants to breed from a pair of such imprints, he may do this:
* Let the male bird court him, resulting in the male bird trying to copulate with his head, while he is wearing a special hat which has pockets to catch the bird's semen.
* Suck up the semen into a pipette, or a hypodermic syringe without a needle.
* Court the female bird; at "intercourse" he places one hand flat on the female bird's back while squirting the semen into her cloaca with the pipette or syringe with the other hand.
* Make sure that any resulting eggs are incubated.
* This technique is well known in breeding falconry birds. It is not zoophilia in the man, because he gets no sexual pleasure from it.
* I read that attempts to breed from London Zoo's giant panda Chi Chi (giant panda) failed because she was sexually imprinted on humans and refused the advances of Moscow's male giant pands An An, and (embarrassingly) sexually presented her rear end to a Russian zookeeper who came with An An. Anthony Appleyard (talk) 15:58, 25 May 2009 (UTC)
* It is undecided, and no real references bare whether anthrophilia should exist, but androphilia and gynephilia already exists, androphilia sometimes means both human man and human woman though, so it can be used as anthrophilia, but androphilia is to man, as gynephilia is to woman. But the key fact is animals liking humans, it is technically anthrozoophilia, but with the animal as one that is attracted. PhD Jay D (talk) 22:32, 1 July 2009 (UTC)
Naturalistic fallacy
I liked the argument "The belief that bestiality is unnatural may be subject to the naturalistic fallacy. Cross species sex does sometimes occur in nature". Which is itself a version of the naturalistic fallacy. Peter Damian (talk) 20:35, 27 January 2009 (UTC)
* Lol. So the writer had interpreted the NF as being the opposite to what it actually is? Charity (Talk) 21:11, 28 January 2009 (UTC)
* Well, they cleary misunderstood it; see Naturalistic fallacy. It is the fallacy that because something is natural, it is OK. The second sentence, if true, shows only that the belief that bestiality is unnatural is false (not that the belief commits the fallacy). And it rather invokes the fallacy in perhaps implying there is nothing wrong with bestiality, because it is not unnatural.
I'm going to have a go at the ethics section once I have got hold of Linzey's paper. Peter Damian (talk) 19:07, 29 January 2009 (UTC)
This goes against every book I have ever read, interspecies copulation has actually been successful in past, this has enabled hybrids to exist today, in fact every animal genus you see today is apart of a hybrid. Without interspecies, there would be no 'swapping' of features. If interspecies copulation is wrong, why is interspecies human-animal embryos allowed? Its only been the last few million years most animals you see today haven't been cross-breeding over an interspecies scale, because of the DNA protection in modern day cells. Interspecies is still very much successful, and hybrids are often appearing in the deepest of jungles, and the rarest of places, even the Amazon forest is a good example. I believe whoever wrote those sections was being completely self-opinionated and stating no real fact (hence forcing their very own opinion down our throats. --<IP_ADDRESS> (talk) 11:34, 28 May 2009 (UTC)
Furries vs. Plushies? where does it says there is any frowning?
The furry community even frowns on "plushies", people who are aroused by soft toy animals.
in the linked reference I only found someone mentioning furries have been wrongly mistaken with plushies, basicly just stating the definition of the two words doesn't match, I didn't find anywhere saying that the majority of furries have a negative opinion about plushies, nor that the two groups don't overlap. I removed the phrase from the article and I believe it should remain removed untill someone finds somthing that actually says what the phrase says and not just barelly bump into a couple of the elements involved. --TiagoTiago (talk) 01:42, 21 April 2009 (UTC)
* And in any case, it isn't all that relevant, as this article is centered on neither the furry fandom nor plushophilia. Agreed. Zetawoof(ζ) 02:33, 21 April 2009 (UTC)
I do not believe in any shape or form, that plushies should be placed here, they perhaps should be mentioned, but unlike real animals, they are not alive, let alone are they apart of the genus 'animalia' that this article is allocated for. —Preceding unsigned comment added by <IP_ADDRESS> (talk) 11:23, 28 May 2009 (UTC)
Scientific terminology - Disputed text
Disputed text: ''The legal and moral definition of zoophilia (sex with animals) is somewhat problematic from a scientific perspective, since humans are animals. Technically it is as contradictory as saying that sex between humans is okay, but sex between a human and a man, or between a human and a woman, is morally wrong. The closest scientific term would be 'interspecies sex', but this includes all such couplings, not just those committed by humans, or those disapproved of by some humans.'' Uploaded by me. Deleted by Webhamster twice and by an anonymous user. Replaced twice, once by myself and once by Subverted. The cited video is a comprehensive explanation of the way science views the tree of life and the animal kingdom; which includes us. 'Sex with animals' is thus unavoidable unless you live a life of chastity. If we're going to discuss the terminology, what is wrong with saying the whole concept has a severe flaw from a scientific viewpoint? Would Webhamster care to add his viewpoint? OR is a cheap shot. Be more specific please. ANTIcarrot (talk) 02:21, 4 June 2009 (UTC)
* There are a couple of reasons why I've deleted the above text. Firstly Youtube is not classed as a reliable source and secondly it's editorialising and a mixture of original research and synthesis. This article is not a venue to soapbox your own thoughts on the subject. -- Web H amster 07:05, 4 June 2009 (UTC)
* Other more relevant wiki rules specify that citation is required for material that is likely to be challenged. Are you seriously challenging the idea that humans are a species of animal? Are you saying this idea is so revolutionary to you that you cannot possible accept it without seeing it in a peer reviewed scientific journal? WP:RS is about the reliability of the information contained within any given source. If you're not disputing the information, then that objection is irrelevant. And once again I ask for an explanation of your OR claim, otherwise it's as meaningless as an accusation of witchcraft. In hindsight the sentence regarding interspecies sex probably was stepping over the line, but you didn't just delete that, but the whole section. Zoophilia is sex with animals. According to science humans are animals, as stated in the source. According to science any attempt to separate humans from the rest of the animal kingdom is false, as stated in the source. OR requires that I've gone an extra step, made an intuitive leap not present in the original source. I do not believe I have. According to 100 year old scientific knowledge any phrase or question that implies that humans are separate from the animal kingdom is nonsense from a scientific point of view. Which shouldn't really be a surprise to anyone, given how many other old ideas science has shown to be nonsense. Yes I put that in my own words, but I am required to do so under wiki rules about copyright. So do you withdraw your objection? Can you specify the error in my logic? Or do I take this to dispute resolution? ANTIcarrot (talk) 18:33, 7 June 2009 (UTC)
* Yes, there are 2 errors in your logic, both of which are your failure to comprehend something. The first being that you cannot use YouTube for any citation as it is not regarded on Wikipedia as being a reliable source. For example, how do we know that the narrator's voice isn't yours? The second thing is your failure to comprehend that you are talking total bollocks. -- Web H amster 19:18, 7 June 2009 (UTC)
Animal Porn
I came here to find out more about Animal Porn. "Animal Porn" redirects here, but the article doesn't reallly mention it. —Preceding unsigned comment added by <IP_ADDRESS> (talk) 11:10, 15 September 2009 (UTC)
I know that this is a very wrong practice but what many people want to know is how beastility is defined. A question i am asking is: is it beastility for a dog to lick your genitals? There are many other questions like this that need to be answered and made clear. Please help, people need to be informed about this stuff. —Preceding unsigned comment added by <IP_ADDRESS> (talk) 09:37, 26 October 2009 (UTC)
Pornography of all kinds is a seperate paraphilia, called 'voyeurism'. It is true that voyeurism could do with a little mention, but it would require minor mention, seen as most real zoophiles consider voyeurism wrong. Though, there are plenty of zoosexuals calling themselves zoophiles, on sites like BeastForum, etc. Also, to advertise such sites here would be illegal, as you'd be hotlinking to a site that has not passed the Miller's test - which could potentially get Wikipedia sued. J D Smith (talk) 23:40, 25 November 2009 (UTC)
As for the second segment, it depends on the definition of sex. Yes, it is oral intercourse. But Wikipedia states aforementioned information of other articles, not all of it is its own, Wikipedia is a community and thus doesn't have its own voice on the matter. If you want to add it, add it. That side of zoosexuality isn't exactly educational to the sexological student. But as a standard user, feel free to add it yourself. J D Smith (talk) 23:40, 25 November 2009 (UTC)
Seperate Zoophilia from Bestiality
Well, zoosexuality got its own page, why can't zoophilia and bestiality? People get confused between zoophilia and bestiality most often. I would also like to add these differences because 'bestiality' is psychologically associated with rape, which isn't at all what zoophilia means, its your own opinion to decide whether 'zoosexuality' and 'bestiality' is rape though. But zoosexuality on zoo websites is classed as the love and lust, and bestiality is lust with no love. I believe this change would be benefitial and what is already here is against nearly every other encyclopedia in the world. In zoophilia, love comes first, and there's the add-on that comes with it, that is lust. But in bestiality, lust comes first, and love perhaps never comes, some bestialists have to force their advances on the animal to have sex with it (rape). In my own humble opinion, I believe bestiality is wrong when the animal has to be forced, especially if sadism gets enforced, that is cruelty. I am in no way a zoosexual myself, but I do believe in alternative sex, and what's wrong with zoophilia? Its bestiality that's so bad (common sense). Note: I mean no harm to any party with any opinion, this is simply a suggestion, and without these opinions it would be wise also. —Preceding unsigned comment added by <IP_ADDRESS> (talk) 11:19, 28 May 2009 (UTC)
* I would prefer 'bestiality' bounced to zoophilia. People familiar with the subject make the distinction that you do, but I believe the vast majority of the english speaking world still uses it as a pejorative term, with an unavoidable connection to rape. This view cannot be substantiated by science, because it is based on myths (some old, some new) rather than reality. If it can't be proven it certainly can't be cited because there will be no reliable documents to cite from. You might write it in a similar way to the 'nigger' page, but I believe it would be largely redundant.ANTIcarrot (talk) 02:22, 4 June 2009 (UTC)
* Bestiality isn't defined as rape, though. It is defined as sex with non-human animals. Sex is sex, animals are animals. Sex with animals is sex with animals. When a zoophile has sex with an animal, he is having sex with an animal.
* It doesn't get much more simpler than that. You'll have to edit the sex and/or animal articles first if you want to change the definition of 'sex' with 'animal'. Avalik (talk) 10:26, 26 October 2009 (UTC)
Zoophilia is Greek for 'animal love'. Someone who commits bestiality is either a zoosexual or was forced to do so. Zoosexuality is a neologism showing corrective parody of 'zoophilia'.
A zoosexual may or may not be a zoophile (love animals). And a zoophile may or may not be a zoosexual (have a sexual attraction towards animals).
The zoosexual community tend to label themselves as 'zoophiles'. As the zoosexual zoophile community label themselves as 'zoophiles' and those zoosexuals who aren't, just 'bestialists' or 'zoosexual'.
The act in English is just 'sex' - it is 100% sex (with animals), 'bestiality' is the dyslogistic term, as ANTIcarrot states. It is archaic and colloquial, against all the fundamentals of modern social science. Whether you want to use 'bestiality' or not is up to you, but after all, like Dr Singer said, its just two animals rubbing body parts, pleasuring each other's sexual desires.
I don't even have 'bestialist' in any of my official dictionaries, so it is a very modern, accusative word. Someone who has sex with animals is not a 'bestialist', they are a 'person', usually a 'zoosexual person'.
After examination, since this article is about 'lust', I believe we should label it under the 'lust' side of things. The title of this article should be 'Zoosexuality' - 'Zoophilia' is the love, which can lead to 'Zoosexuality', but it is not 'Zoosexuality' itself, and nor is 'Zoosexuality' necessarily involved.
Since we are grouping everything psychologically with the prefix 'zoo', may be we could 'zoolagnia', 'zoology' and 'zoological garden' in the same article as well, since it's all to do with the manias and loves of animals. Why not include 'zoosadism' as well? Wait, isn't sadism the opposite of philia? J D Smith (talk) 23:30, 25 November 2009 (UTC)
The simple fact everyone also is ignoring is the fact that "Zoophilia" used to describe enthusiastic lovers of Zoos... you know, those places where they keep the wrong animals behind bars? Look at the term Zoology, Zoomorphic and counltess others. The proper term is "Zoosexual" as that conforms to all of the other PARAphilia definitions (my emphasis on the "para" of paraphilia to point out a fallacy that just becuase a term ends in "philia" does not mean SEX. It means love). By all means, seperate Zoophilia from Bestiality and add the further note to the disambiguation that links it back the wiki article on Zoo/Zoos/Zoological Garden. Ryu Darragh (talk) 20:57, 27 June 2010 (UTC)
Recent edits
I've already expressed my displeasure with the global replacement of the wording "sexual relations with an animal" with "sexual use of an animal". Simply put, it implies the editorial comment that all sexual contact between humans and animals is inherently abusive, whereas "sexual relations" or "sexual intercourse" simply states the matter and leaves it to the reader to make up their mind. I can see how "relations with" might be seen as implying the existence of a bilateral emotional relationship or something, but that's much more subtle and easier to read around.
Moreover, the extent to which this change has been made is kind of absurd. There is no possible way that the caption "Man using a horse for sexual pleasure" is clearer or more descriptive than "Man having intercourse with a horse". Indeed, it's a categorically worse caption, as the implied transitivity ("man with horse", rather than "horse with man") is lost. :)
There's some other issues I noted, though:
* First: A ton of paragraph breaks were removed, seemingly at random, which totally broke the internal diff. Please, either change the paragraph breaks or change the content with any given edit; don't do both. It just makes it harder to tell what you're doing.
* One change from "the desire to form sexual relationships with animals" to "a person's desire to form what they believe to be sexual "relationships" with animals" (complete with scare quotes on "relationships"). There's really no need to use this many circumlocutions here, and the intent to discredit the existence of such relationships on the part of the author is clear.
* Similarly, "concern for the animal's welfare and pleasure" to "concern for the animal's purported welfare and pleasure" (italics mine to emphasize the addition). This doesn't even make sense as written: "concern for" already implies that the mental state of a zoophile is being discussed, and "purported" just makes a hash of that by applying someone else's viewpoint to that.
* "to some people it can drive them to acts of bestiality" to "to some people it can encourage them to engage in bestiality". I have no objection to this one - it's less lurid than the original.
* Most of the section on "Non-sexual zoophilia" disappeared. Why?
* Removing the link to come out and replacing it with the bland "reveal"? Unless the goal is to attempt to portray zoophilia as an illegitimate sexual orientation (running in the face of a number of authors, cited here, who have stated quite the opposite), I see no purpose in this change.
Please discuss these on a case-by-case basis, rather than trying to slip them in as part of a larger edit. Zetawoof(ζ) 06:49, 19 June 2009 (UTC)
* As opposed to your large edit that makes it difficult to revert portions? What is apparent is your inability to see that you are also not being neutral. Your use of "relationship" and "relations" etc presupposes that it's a two way street. This is not neutral by any stretch of the imagination. It is generally accepted by anyone, other than zoophiles, that animals do not give consent so to imply that they do is PoV. Later I will be going through the article and reverting your use of implied consent. Additionally "having sex with" is neutral, it's used for vanilla sex with humans and is perfectly acceptable to use with animals. It does not imply in any way shape or form "abuse". Or do you think that if I said "I want to have sex with my girlfriend" I was actually planning to abuse her?
* The levels to which you are going to defend your notions of neutrality is, quite frankly, ridiculous. So much so that you are going in the opposite direction and you are making the article seem that this activity is acceptable. I make no comment on whether it is or not acceptable, merely that by making it seem acceptable you are making the article non-neutral. The article is supposed to be factual with no leanings in either direction. Now given your username, your obvious passion for this subject and your desire to change it to a non-neutral version (whether you realise it or not), I don't believe you have a neutral attitude to begin with and as such you will be blinkered with your editing. -- Web H amster 10:06, 19 June 2009 (UTC)
* The only edits I've made to the article have been ones which reverted a set of edits by User:Whatever404 to a previous, largely stable version which hadn't seen any major edits in months or more. My edits were difficult to revert by dint of containing just as many changes as the edits that they were reverting - but my whole purpose is that the changes be made piecemeal anyway.
* I have no objection to the wording "having sex with". It's somewhat less professional than "sexual relations", but I suppose it gets the point across. My concerns were primarily with User:Whatever404's changing "sexual relations" throughout to "making sexual use of", which is pretty clearly POV in the other direction. (If someone said that "I want to make sexual use of my girlfriend", I would be rather worried.)
* Again, to reiterate: The "sexual relations" wording is not mine. It's simply a better choice than the alternative which has been presented. Zetawoof(ζ) 15:10, 19 June 2009 (UTC)
* In that case we are agreed. The "using" was indeed non-neutral and although, as you say, "sexual relations" is more professional it is also non-neutral when describing sex other than sex between humans. Sex between a person and an animal can never be reliably described as a relationship because the animal can never 100% declare consent nor agree that something is being shared, at least not until they develop a language sophisticated enough to remove all doubt. To me, although not syntactically/aesthetically perfect, "having sex" is as neutral as one can get. -- Web H amster 17:19, 19 June 2009 (UTC)
* How about just "...is sex between..." or "...is sexual intercourse between..."? – ukexpat (talk) 17:22, 19 June 2009 (UTC)
* "Between" implies a shared agreement, "sexual intercourse" only refers to penetrative sex and as such doesn't cover oral sex or finger 'diddling'. -- Web H amster 17:34, 19 June 2009 (UTC)
* Are "scare quotes" seen as weasel words or otherwise NPOV? WookMuff (talk) 04:37, 21 June 2009 (UTC)
* It depends on context I suppose, but most often they are indeed used to point someone in a direction "either" side of neutral. ;) -- Web H amster 09:58, 21 June 2009 (UTC)
* WP:ALLEGED states that words such as "so-called" and "alleged" "have a similar effect to scare quotes, and such usage should be avoided". While this doesn't specifically state that scare quotes are also to be avoided, the intent is clear. Zetawoof(ζ) 18:15, 21 June 2009 (UTC)
Sentence Structure
"In 1980s, "bestiality" was featured in Italian adult films with actresses like Denise Dior, Francesca Ray, and Marina Hedman, manifested early in the softcore flick Bestialità in 1976." Maybe its just me, but this seems like a wrong sentence but, for the life of me, I can't figure out how it might be fixed WookMuff (talk) 04:28, 21 June 2009 (UTC)
* "Manifested" sounds like a translation error from Italian manifestare. The most likely intent was something like "debut" or "exemplified", but it's unclear whether the referent is the Italian adult films or one of the actresses. Zetawoof(ζ) 18:18, 21 June 2009 (UTC)
* I'm still wondering why the article is missing at least one mention of the popular expression in the Zoo community, i.e. "dildogging". :) -- Web H amster 18:23, 21 June 2009 (UTC)
This is what it looks like to me 'Around the 1980s, bestiality was featured in Italian adult films i.e. the softcore flick, Bestialità (1976), with actresses like Denise Dior, Francesca Ray, and Marina Hedman.' J D Smith (talk) 23:09, 25 November 2009 (UTC)
No evidence of female animal masturbation?
''Animals of many species also masturbate, even if other sexual partners are accessible. Male animals can achieve orgasm, and Beetz claims that female animals of some species can too. However, there is no evidence for this in most female animals.''
No evidence of female animal masturbation?? Really now?--<IP_ADDRESS> (talk) 04:39, 20 October 2009 (UTC)
Comment: Discovery channel says different. But I've seen a lot of female animal masturbate in my time of zoological and sexological studies. It's not exactly a rare thing, especially in long-tongued animals, cunnilingus masturbation is quite common in female Primates, Canines and Felines. J D Smith (talk) 22:59, 25 November 2009 (UTC)
Section Out of Place
The part about Zoophilia and Other Groups seems out of context with the rest of the article. It seems as though someone associated with fur fandom wrote it in sheer retaliation. Unless there is any reason to believe such groups would be confused with each other, and valid sources can prove it, I believe it should be removed. --Our Lady Overkill (talk) 02:28, 18 November 2009 (UTC)
That's actually a good point, it doesn't seem to fit in with the rest. Drebin893 (talk) 18:26, 18 November 2009 (UTC)
Anybody going to mention that alt.sex.bestiality was made by a furry? Or would I get yelled at? J D Smith (talk) 22:49, 25 November 2009 (UTC)
Looks like there is also a survey here: http://www.klisoura.com/ot_furrysurvey.php
Furry fetish is considered 'zoophilic', thus 'autozoophilia' - the sexual attraction toward part-human/part-animal (usually humanoid) species. It may also be considered 'therianthropic'. I note that 18% of furries on a survey of 8290 called themselves 'zoophile'. Before the lulz started banning the mention of zoophilia, this figure used to be just above 32%. J D Smith (talk) 22:49, 25 November 2009 (UTC) | WIKI |
Breaking Down the Latest Innovations in Biomedical Engineering
by dailybasenet.com
Breaking Down the Latest Innovations in Biomedical Engineering
Biomedical engineering has long been considered one of the most promising fields in terms of advancing healthcare and improving quality of life. As technology continues to rapidly evolve, so do the innovations in biomedical engineering. In this blog post, we will explore some of the latest advancements in this exciting field.
One of the most significant breakthroughs in biomedical engineering is the development of bio-printing. Traditional manufacturing techniques have been revolutionized with the introduction of 3D printing technology. This has allowed researchers and engineers to create living tissue and organs that can be used for various purposes, including transplantation. Bio-printing has the potential to address the critical shortage of organs for transplants and greatly reduce rejection rates. The ability to print living tissue also opens up new possibilities for drug testing and personalized medicine.
Another groundbreaking innovation is the development of smart prosthetics. Prosthetic limbs have come a long way in recent years, thanks to advancements in materials and electronic technologies. However, the integration of artificial limbs with the human nervous system has always been a challenge. With the advancements in neural interface technology, scientists have made significant progress in bridging the gap between prosthetics and the human body. Smart prosthetics can now respond to the user’s intent and provide a sense of touch, enabling a more natural and intuitive control for those who have lost their limbs.
Advancements in medical imaging have also greatly contributed to the field of biomedical engineering. The introduction of high-resolution imaging techniques, such as magnetic resonance imaging (MRI) and computed tomography (CT), has revolutionized the way we diagnose and treat diseases. These imaging techniques provide detailed and accurate information about the body’s structures and functions, enabling early detection and precise treatment planning. Furthermore, the combination of imaging technologies with artificial intelligence has allowed for more accurate and automated image analysis, saving time and improving diagnostic accuracy.
In recent years, wearable devices have gained significant popularity in the healthcare industry. These devices are equipped with sensors that can monitor various physiological parameters, such as heart rate, blood pressure, and oxygen levels. With the advancements in sensor technology and data analytics, wearable devices can now provide real-time monitoring and analysis of health data. This has led to the development of remote patient monitoring systems that enable healthcare professionals to monitor patients’ conditions from a distance. Wearable devices not only improve patient care but also promote a healthier lifestyle by providing personalized feedback and coaching.
Lastly, the field of regenerative medicine has witnessed remarkable progress in recent years. Stem cell research, tissue engineering, and gene therapy have all contributed to the development of new treatments for previously incurable diseases and conditions. Stem cells, in particular, hold great promise in regenerating damaged tissues and organs. Researchers are exploring ways to harness the regenerative potential of stem cells to treat conditions such as spinal cord injuries, Parkinson’s disease, and heart diseases. These advancements in regenerative medicine have the potential to revolutionize healthcare by providing long-lasting solutions for chronic conditions.
In conclusion, the field of biomedical engineering is at the forefront of innovation in healthcare. Breakthroughs in bio-printing, smart prosthetics, medical imaging, wearable devices, and regenerative medicine have all contributed to improving patient care and revolutionizing treatment approaches. As technology continues to evolve, we can expect even more exciting advancements in biomedical engineering that will have a profound impact on healthcare and quality of life.
Related Posts | ESSENTIALAI-STEM |
The Apostle of Vengeance
The Apostle of Vengeance is a 1916 American silent drama film directed by Clifford Smith and starring William S. Hart, Nona Thomas, and John Gilbert. A Kentucky-born preacher returns home from Vermont in order to settle a feud between two warring families.
Cast
* William S. Hart as David Hudson
* Nona Thomas as Mary McCoy
* Joseph J. Dowling as Tom McCoy
* Fanny Midgley as 'Marm' Hudson
* John Gilbert as Willie Hudson
* Marvel Stafford as Elsie Hudson
* Gertrude Claire
Preservation
With no prints of The Apostle of Vengeance located in any film archives, it is considered a lost film. | WIKI |
2012 COA 22
LOVELAND ESSENTIAL GROUP, LLC, a Minnesota limited liability company, Plaintiff-Appellant, v. GROMMON FARMS, INC., a Colorado corporation; Gary Grommon; and Connie Grommon, Defendants-Appellees.
No. 11CA0722.
Colorado Court of Appeals, Div. V.
Feb. 2, 2012.
See also 251 P.3d 1109.
Cline Williams Wright Johnson & Oldfa-ther, LLP., Tracy A. Oldemeyer, Fort Collins, Colorado, for Plaintiff-Appellant.
Erik G. Fischer, P.C., Erik G. Fischer, Fort Collins, Colorado, for Defendants-Ap-pellees.
Opinion by
Judge J. JONES.
{1 This appeal concerns the second lawsuit between plaintiff, Loveland Essential Group, LLC (Buyer), and defendants, Grom-mon Farms, Inc., Gary Grommon, and Connie Grommon (collectively, Seller), arising from Buyer's purchase of commercial real property and assets from Seller. Buyer asserts that its claims in this case arose after it filed the first lawsuit but before there was a final judgment in the first lawsuit.
T2 The district court granted summary judgment in Seller's favor, concluding, as relevant here, that because Buyer had not sought to amend its complaint in the first lawsuit to assert the new claims, the doctrine of claim preclusion barred this subsequent lawsuit on the new claims. We conclude, however, that claim preclusion does not bar Buyer's action on the new claims if they arose after the first lawsuit was filed. Because there is a genuine issue of material fact as to when the new claims arose, we reverse the summary judgment and remand for further proceedings.
I. Background
13 Buyer entered into a real estate purchase agreement (RPA) and an asset purchase agreement (APA) with Seller to purchase certain commercial real property and business assets. The RPA required that there not be any encumbrances on the real property, other than those identified therein. The APA similarly required that there not be any encumbrances on the assets conveyed, other than those identified therein.
¶4 At the closing, Seller executed a Warranty Deed conveying the real property to Buyer and warranting that the property was free and clear of all encumbrances, except those identified in an attachment.
T5 After closing, Buyer filed a complaint in Case No. OTCV 170 that, as amended, alleged in part that Seller had breached the RPA, the APA, and the Warranty Deed by conveying the real property and assets subject to a lease on part of the real property.
T6 On August 8, 2008, about a year and a half after the original filing, and three months before trial thereon, Buyer learned that an Adjacent Property Reimbursement Agreement between the City of Loveland and the developer of the area in which the real property is located had been filed with the Larimer County Clerk and Recorder on August 1, 2008. The Reimbursement Agreement purports to obligate parties subject thereto to pay a portion of city street improvement and construction costs when applying for a permit to develop or redevelop property within the covered area. The City apparently - seeks - reimbursement _ of $794,871.69 from Buyer under the Reimbursement Agreement.
T7 Buyer moved to vacate the trial setting (then six weeks away) and to conduct additional discovery, arguing that such discovery was necessary "before it may move to amend the Complaint to add a claim that the Reimbursement Agreement is an additional ground for breach of the [RPA], the [APA], and/or the Warranty Deed." According to Buyer, such an amendment would "minimize the burden and expense on the parties and the Court and is in the best interests of justice so that all of Plaintiff's claims may be heard in one action." In the alternative, Buyer requested that, if the court denied the motion, it expressly rule that Buyer could pursue claims based on the Reimbursement Agreement in a separate lawsuit to "address potential claim preclusion ... defenses...."
18 The court granted Buyer's motion to vacate the trial date and permit additional discovery. It reset the trial for about two and a half months after the vacated date.
T9 Buyer conducted additional discovery related to the Reimbursement Agreement. However, it did not move to amend its complaint in Case No. OTCV 170 to add claims based thereon. Rather, a week before trial on the claims in Case No. OTCV 170, it filed its complaint in this case, Case No. O9CV34, alleging that Seller had breached the RPA and the Warranty Deed by conveying the property subject to the Reimbursement Agreement. Thereafter, it conducted further discovery related to the claims in Case No. 09CV34.
{10 After a bench trial on the claims in Case No. OTCV 170, the district court concluded that Seller had breached the RPA, APA, and the Warranty Deed by conveying the real property subject to the lease. On appeal, a division of this court affirmed the judgment in part, reversed it in part, and remanded the case for further proceedings. Essentially, the division upheld the judgment to the extent it was based on breaches of the RPA and Warranty Deed, but remanded for further findings on Buyer's damages. Love-land Essential Grp, LLC v. Grommon Farms, Inc., 251 P.3d 1109 (Colo.App.2010).
11 While the appeal of Case No. OTCV 170 was pending, Seller moved for summary judgment on Buyer's claims in this case, arguing that those claims were barred by the doctrine of claim preclusion because Buyer had not litigated them in the trial of Case No. OTCV 170. The district court agreed that the claims would be barred once the judgment in Case No. OTCV 170 had become final. Specifically, it found that because the claims in this case arose from the same agreements, Warranty Deed, and sale as those at issue in Case No. OTCV 170, Buyer was required to have asserted the claims pertaining to the Reimbursement Agreement in Case No. OTCV 170. But, because the judgment in Case No. OTCV 170 had not yet become final, the court held the motion for summary judgment in abeyance pending a final judgment. After the judgment in Case No. 07CV 170 became final, the court granted Seller's motion for summary judgment.
II. Discussion
12 On appeal, Buyer contends that the district court erred by granting summary judgment based on claim preclusion because (1) the judgment in Case No. OTCV 170 was not final when the second case was filed; (2) Seller waived the affirmative defense of claim preclusion; (8) Buyer did not discover the alleged breaches of the RPA and Warranty Deed based on the Reimbursement Agreement until after it had filed the complaint in Case No. OTCV 170, and consequently there was no identity of subject matter; (4) for the same reason there was no identity of claims for relief; and (5) the court could not hold the summary judgment motion in abeyance pending a final judgment in Case No. OTCA 170. We agree with Buyer's fourth contention, and consequently we need not address the others.
A. Standard of Review
13 We review a grant of summary judgment on the basis of claim preclusion de novo. Wall v. City of Awrora, 172 P.8d 984, 937 (Colo.App.2007); Camus v. State Farm Mut. Auto. Ins. Co., 151 P.3d 678, 680 (Colo. App.2006). Summary judgment is appropriate only where the pleadings and supporting documents demonstrate that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Rocky Mountain Festiwwals, Inc. v. Parsons Corp., 242 P.3d 1067, 1074 (Colo.2010); Grandote Golf & Country Club, LLC v. Town of La Veta, 252 P.8d 1196, 1199 (Colo.App. 2011).
B. Analysis
114 Claim preclusion (formerly known as res judicata ) bars "relitigation of matters that have already been decided [in a prior proceeding] as well as matters that could have been raised in a prior proceeding but were not." Argus Real Estate, 109 P.8d at 608; accord Timm v. Prudential Ins. Co. of Am., 259 P.8d 521, 527 (Colo.App.2011). A claim in a second judicial proceeding is precluded by a previous judgment where there is (1) finality of the first judgment, (2) identity of subject matter, (8) identity of claims for relief, and (4) identity of or privity between the parties to the two actions. Burlington Ditch Reservoir & Land Co. v. Metro Waste-water Reclamation Dist., 256 P.3d 645, 668 (Colo.2011). We consider only the third factor here.
1. - Identity of Claims for Relief
115 In determining whether there is identity of claims for relief, the focus of the inquiry is "'the injury for which relief is demanded, ... not ... the legal theory on which the person asserting the claim relies." " Jackson v. Am. Fomily Mut. Ins. Co., 258 P.3d 328, 831 (Colo.App.2011) (ultimately quoting Farmers High Line Canal & Reservoir Co. v. City of Golden, 975 P.2d 189, 199 (Colo.1999)); accord Argus Real Estate, 109 P.3d at 609. Claim preclusion bars litigation of claims that previously were or might have been decided only "if the claims are tied by the same injury." Argus Real Estate, 109 P.3d at 609. Claims are tied by the same injury where they concern "'all or any part of the transaction, or series of connected transactions, out of which the [original] action arose.'" Id. (quoting Restatement (See-ond) of Judgments § 24(1) (1982)). In determining what factual grouping constitutes a transaction, the court considers " 'whether the facts are related in time, space, origin, or motivation, whether they form a convenient trial unit, and whether their treatment as a unit conforms to the parties' expectations.'" Salazar v. State Form Mut. Auto. Ins. Co., 148 P.3d 278, 281 (Colo.App.2006) (ultimately quoting Restatement (Second) of Judgments § 24(2)); accord Camus, 151 P.3d at 680.
"16 Generally, a contract is considered to denote a single transaction for the purpose of claim preclusion, and therefore claims for different breaches of a contract ordinarily must be brought in the same action. See Petromanagement Corp. v. Aeme-Thomas Joint Venture, 885 F.2d 1329, 1885-36 (10th Cir.1988) (but noting that this is the case "so long as the breaches antedated the original action"); LaPoint v. Amerisource-Bergen Corp., 970 AZd 185, 194 (Del.2009); Restatement (Second) of Judgments § 25 comment b, illus. 2; Restatement of Judgments § 62 comment h (1942); see also Salazar, 148 P.B8d at 281; see generally 18 Charles Alan Wright et al., Federal Practice and Procedure § 4409, at 212 (2d ed. 2007). A later claim merely arising from the same contract as an earlier claim is not necessarily barred, however. Because, as noted, a claim is only precluded if it could have been raised and decided in the earlier proceeding, Argus Real Estate, 109 P.3d at 608-09, an action on a later claim is not barred, for example, if the claim arose after the original judgment, and therefore could not have been litigated in the original action, see Farmers High Line, 975 P.2d at 203; In re Water Rights of Midway Ranches Prop. Owners' Ass'n, Inc., 938 P.2d 515, 525-26 (Colo.1997); see also Holnam, Inc. v. Indus. Claim Appeals Office, 159 P.3d 795, 798 (Colo.App.2006); Executive Fitness, LLC v. Healey Bldg. Ltd. P'ship, 290 Ga. App. 613, 660 S.E.2d 26, 28-29 (2008); Estate of Raven v. Lincoln Nat'l Life Ins. Co., 51 So.3d 147, 152 (La.Ct.App.2010).
17 This appeal, however, requires us to consider the intermediate circumstance of a claim allegedly arising after the original complaint was filed, but before the court rendered judgment thereon (an after-arising claim). We find one recent Colorado case instructive.
118 In Camus, Judge Webb authored a concurrence in which he concluded that the bar against claims that might have been decided in an earlier action does not extend to claims which arose after the filing of the original pleading in that action, but before judgment. 151 P.3d at 682, 684-85 (Webb, J., specially concurring). In so concluding, Judge Webb relied on federal cases which have reasoned that claim preclusion does not bar a later action for after-arising claims because, even though a plaintiff can seek to supplement its original complaint to add such claims, Fed. 15(d) does not require it to seek leave to file such a supplemental pleading. Id. at 688-84 (collecting cases and observing that "[the language of C.R.C.P. 15(d) is identical to the language of Fed. R.Civ.P. 15(d)"); see Fed.R.Civ.P. 15(d); C.R.C.P. 15(d) ("Upon motion of a party the court may ... permit him to serve a supplemental pleading setting forth transactions or oceurrences or events which have happened since the date of the pleading sought to be supplemented.").
119 As Judge Webb recognized in his concurrence in Camus, all federal appellate courts that have addressed the issue have concluded that because the litigation's seope is framed by the complaint at the time it is filed, claim preclusion generally does not bar a later suit on after-arising claims that were not pled in the earlier action. 151 P.3d at 688-84. Most state courts that have considered the issue have reached the same conclusion. And, with respect to breach of contract claims specifically, many secondary authorities have recognized that because "[mlultiple claims may arise for breach of a single contract by distinct acts at separate times," only the breaches "occurring prior to commencement of the first action constitute part of a single claim or cause of action." 18 Charles Alan Wright et al., Federal Practice and Procedure § 4409, at 212 (2d ed. 2007); see Restatement (See-ond) of Judgments § 26 comment g; 18 James Wm. Moore et al., Moore's Federal Practice § 181.23[1], at 181-61 to -62 (8d ed. 2011); 13 Sarah Howard James, Corbin on Contracts § 72.4(1), at 468 (rev. ed. 2008).
120 However, some state courts have concluded that because after-arising claims could have been decided in an earlier action through an amended or supplemental pleading, claim preclusion does bar a later action on such claims.
€ 21 We find the majority rule and Judge Webb's concurrence in Camus persuasive, for four reasons.
T22 First, none of the cases holding that subsequent actions on after-arising claims are barred by claim preclusion acknowledge or address the countervailing federal or state authority. See, e.g., CenTrust, 469 S.E.2d at 468-69; Altair, 252 Ill.Dec. 101, 742 N.E.2d at 356; Kinsman, 804 N.Y.S.2d at 431-32; Mohamed, 796 S.W.2d at 756.
123 Second, under C.R.C.P. 15(a) and (d), the filing of an amended or supplemental pleading is expressly optional, not mandatory. See Camus, 151 P.3d at 682, 683-84 (Webb, J., specially concurring). The mere existence of the doctrine of claim preclusion does not render the rule's permissive language mandatory. See Pleming v. Universal-Rundle Corp., 142 F.3d 1354, 1357 (11th Cir.1998) ("the doctrine of [claim preclusion] does not punish a plaintiff for exercising the option not to supplement the pleadings with an after-acquired claim"); Manning, 953 F.2d at 1360 (Fed.R.Civ.P. 15 governs which claims should have been brought earlier, not the claim preclusion doe-trine); Macris, 16 P.3d at 1220 (because the Utah Rules of Civil Procedure do not require amendment of pleadings to add additional claims, requiring pleadings to be amended for claim preclusion purposes would be inconsistent with those rules). In similar cireum-stances, a division of this court concluded that because assertion of a cross-claim is expressly permissive under C.R.C.P. 18(g), cross-claims "trigger claim preclusion only if they were actually raised and decided in the earlier action." Cont'l Divide Ins. Co. v. W. Skies Mgmt., Inc., 107 P.3d 1145, 1147 (Colo.App.2004) (citing federal cases).
124 Moreover, we observe that it is within the district court's discretion whether to permit such pleadings after an answer or other responsive pleading has been filed. C.R.C.P. 15(a), (d). And the court may permit a supplemental pleading only "upon reasonable notice and upon such terms as are just." C.R.C.P. 15(d). Consequently, even if a party chooses to move to amend or supplement its complaint, the court may deny the motion. See id.; cf. Role Models Am., Inc. v. Penmar Dev. Corp., 394 F.Supp.2d 121, 133 (D.D.C.2005) ("where the law restricts the circumstances in which amendment is allowed, it would be untenable to define expansively the [claim preclusion] boundaries of a claim because, in that setting, plaintiffs would be forced to bring any remotely conceivable claim at the outset of litigation, regardless of merit, or risk losing the opportunity to assert it"), aff'd, 216 Fed.Appx. 5 (D.C.Cir. No. 05-5421, Feb. 2, 2007) (unpublished judgment).
125 Third, requiring a party to amend or supplement its original pleading every time an additional claim arises before entry of judgment could substantially disrupt the proceedings and complicate litigation of the original claim. See Doe v. Allied-Signal, Inc., 985 F.2d 908, 915 (7th Cir.1993); Drewitz, 728 N.W.2d at 240. And relatedly, if the claim arises shortly before trial, the claimant may be forced to litigate a claim that is not fully developed. See Camus, 151 P.3d at 682 (Webb, J., specially concurring); see also Yapp v. Excel Corp., 186 F.3d 1222, 1227 n. 4 (10th Cir.1999) (noting that claim preclusion may not bar claims where the parties did not have a full and fair opportunity to litigate the claims); Russo v. Baxter Healthcare Corp., 919 F.Supp. 565, 571 (D.R.I.1996) ("parties cannot be required to add to their original suits claims that arise on the eve of trial"); Roche, 493 N.E.2d at 526 (though Massachusetts' rules of procedure are sufficiently flexible to permit amendments to a complaint based on discoveries made during trial, "[rle-alistically appraised, ... the prospects for success in altering the scope and nature of the action so late in the day would be daunting"); cf. Durrant, 903 P.2d at 150 (noting that if the plaintiff had brought the after-arising claim in the first action, he may have violated the requirement that a pleading be well-grounded in fact and warranted in law).
126 If a claim arises shortly after the original filing, or if, as here, the court postpones the trial date and permits additional discovery on the after-arising claim, requiring an amendment likely would not cause substantial disruption or other hardship. However,
[the rules that expand the dimensions of a cause of action as time goes on require clear identification of a stopping point.... The difficulty presented by thle] approach [requiring the inclusion of after-arising claims] lies in identifying a suitable alternative stopping point. Substantial disruption could result from forced amendment at any time after significant discovery has been accomplished, and it is hard to justify any test relating to the progress of discovery or other pretrial events so clear that plaintiffs could afford to apply it without seeking explicit judicial guidance.
18 Federal Practice and Procedure § 4409, at 218, 218-19; accord Doe, 985 F.2d at 915; see also Russo, 919 F.Supp. at 571 ("any cutoff after the filing date would be arbitrary and unwieldy"); Green v. Ill. Dep't of Transp., 609 F.Supp. 1021, 1026 (N.D.Ill.1985) ("[I]t is difficult, if not impossible, for a court to draw a line as to when in a previous lawsuit a plaintiff should have tried to add a later-maturing claim. A rule requiring amendment would be difficult for courts and plaintiffs to apply and could disrupt or needlessly complicate the first suit."). Therefore, a bright-line rule that subsequent actions on after-arising claims are not barred will engender more predictable results than a rule requiring fact-intensive inquiry into the claims and the progress of the original action.
{27 Fourth, "[al main purpose of the general rule [that claim preclusion bars a later action on claims arising out of the same transaction as the original action] is to protect the defendant from being harassed by repetitive actions based on the same claim." Restatement (Second) of Judgments § 26 comment a; see also Cruz v. Benine, 984 P.2d 1178, 1176 (Colo.1999). Where a plaintiff is unaware of another, potentially related claim when it commences its original action, "[the] plaintiff's purpose in bringing the subsequent action [is] not ... to consciously and unreasonably vex or harass the defendant." Bolte, 587 P.2d at 814. Consequently, barring a later action on such after-arising claims does not serve the purpose of preventing harassing, repetitive actions. See id.; accord Soren-Hodges v. Blazer Homes, Inc., 204 Or.App. 86, 129 P.3d 196, 201-02 (2006); see also Genereux v. Bruce, 2011 WL 1387983, *-- (R.I.Super. Ct. Nos. PC 09-7295, PC 09-7296, PC 09-7297, PC 10-0926, PC 10-8045, Apr. 4, 2011) (it is improper to apply claim preclusion where there is no risk of the defendant being harassed by repetitive actions based on the same claim).
$28 We therefore conclude that claim preclusion does not bar a later action on claims which arise after the original action is filed, but before judgment in the original action.
2. Application
T29 We now consider whether Buyer's claims based on the Reimbursement Agreement are after-arising claims, and conclude that they may be.
$30 For the purpose of claim preclusion, a claim arises after the filing of the original action where, at the time of the filing, the party did not know of the facts giving rise to the claim and could not have discovered them through the exercise of reasonable diligence. See Doe, 985 F.2d at 914; Allied Fire, 25 Cal.Rptr.3d at 200; cf. § 13-80-108(6), C.R.S.2011 (for statute of limitation purposes, a cause of action for breach of contract or breach of warranty accrues on the date the breach is discovered or should have been discovered by the exercise of reasonable diligence). Thus, even if a defendant breaches a contract before the first action's filing, if the plaintiff is ignorant of the breach until after the filing and its ignorance is not due to its own negligence, the claim on the breach is considered an after-arising claim. See Allied Fire, 25 Cal.Rptr.3d at 199-200 {refusing to distinguish between a new fact and a newly discovered fact in determining whether a claim is precluded); LaPoint, 970 A.2d at 194; Bolte, 587 P.2d at 812-14; Du-Al, 487 N.W.2d at 32; see also Coomer, 819 S.W.3d at 373-74 (though the injuries giving rise to the after-arising claims occurred prior to the original filing, they did not accrue until after that date).
131 Here, Grommon Farms represented and warranted in section 5.01 of the RPA that, as of the closing date:
£) [Grommon Farms] will transfer the Property free and clear of all liens and encumbrances other than those agreed to [in the RPA]; and
j) [Grommon Farms] has received no notices with respect to improvements planned which may result in special assessments being levied against the Real Property in the future and, to [Grommon Farms'] knowledge, there are no such improvements planned which may result in special assessments being levied against the Real Property in the future.
Similarly, Grommon Farms covenanted in the Warranty Deed that the property was "free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever," aside from certain enumerated exceptions. Buyer averred in opposition to Seller's motion for summary judgment that, despite these provisions, Seller never mentioned any potential right of reimbursement and Buyer had no knowledge of any such right before the city notified it of the Reimbursement Agreement.
{ 32 Seller asserts, however, that two letters from Buyer to Mr. Grommon before the sale's closing suggest that Buyer may have been aware of the right of reimbursement. In these letters, Buyer acknowledged that a portion of the RPA "appears to impose certain restrictions on development and may subject the owner of the parcel to certain fees, assessments or recapture provisions for the installation of utilities and improvements," and said that, before closing, it "must be satisfied that this item does not subject them to fees, assessments, or recapture provisions or otherwise block development of the Property." It is unclear, however, whether the letters refer to the Reimbursement Agreement-related restrictions or to some other restrictions. Seller concedes that "[the record is not clear on this" and that "there is, at a minimum, a dispute of fact whether Buyer was aware of the reimbursement agreement or its possibility prior to closing."
133 Consequently, we conclude that there is a genuine issue of material fact as to whether Buyer knew or should have known about the Reimbursement Agreement-based breaches before it filed its complaint premised on the lease-based breaches. Therefore, we further conclude that the district court erred by granting summary judgment in Seller's favor. See Grandote, 252 P.3d at 1199; Wall, 172 P.3d at 986; see also Cork v. Sentry Ins., 194 P.3d 422, 425 (Colo.App.2008) (because when a cause of action accrues is a question of fact, summary judgment may only be granted where the undisputed evidence shows the plaintiff discovered or reasonably should have discovered the claim as of a particular date); cf. TM Patents, L.P. v. Int'l Bus, Machs. Corp., 121 F.Supp.2d 349, 363 (S.D.N.Y.2000) (where the defendant had a duty to disclose all relevant facts concerning its assets prior to the transaction and there was no evidence indicating that the plaintiff should have been on notice of the alleged defect in title, the plaintiff could not have discovered the existence of the ownership issue with due diligence).
1 34 We are not persuaded to the contrary by the cases on which Seller relies. See Dubuc v. Green Oak Twp., 312 F.3d 736 (6th Cir.2002) (applying Michigan law); Carstarphen v. Milsner, 594 F.Supp.2d 1201 (D.Nev.2009) (applying Nevada law). Dubuc and Carstarphen recognized an exception to the general rule that an action on an after-arising claim is not barred where the events giving rise to the after-arising claim are merely additional manifestations of the series of wrongful acts alleged in the first claim. See Dubuc, 312 F.3d at 748-51 (further acts in a series of allegedly retaliatory acts); Carstarphen, 594 F.Supp.2d at 1210; see also McCoy v. Michigan, 369 Fed.Appx. 646, 651-52 (6th Cir. No. 08-1641, Mar. 12, 2010) (unpublished opinion) (applying Michigan law) (clarifying that Dubac's holding only precludes claims based on "an additional manifestation of the initial claim," not new and independent claims that arise after the original pleading's filing); Sosebee v. State Farm Mut. Auto. Ins. Co., 164 F.3d 1215, 1216-18 (9th Cir.1999) (continuing instances of bad faith in insurance adjustment).
135 Here, the alleged breaches based on the Reimbursement Agreement give rise to separate claims from those based on the lease; the breaches based on the Reimbursement Agreement are not merely additional manifestations of the breaches occasioned by the lease. Thus, the exception addressed in Dubue and Carstarphen does not apply here. Cf. Interoceanica Corp. v. Sound Pilots, Inc., 107 F.3d 86, 91 (2d Cir.1997) (the two proceedings "glalve rise to separate statutory wrongs-just as a party who breaches a contract twice in the same way has committed two separate breaches"); Ornauer v. Penn Mut. Life Ins. Co., 52 Colo. 632, 632, 636-37, 123 P. 650, 650-51 (1912) (where the plaintiff brought an action to recover commissions under a contract, then, while the first action was pending, brought two additional actions to recover contract commissions accruing after the original filing, claim preclusion did not bar the later actions because the original and later causes of action were different); Tatum v. Basin Res., Inc., 141 P.3d 863, 868 (Colo.App.2005) (the homeowners' second injury to their residence as a result of a second occurrence of subsidence was a separate infu-ry).
1 36 Because of our resolution of this issue, we need not address the other issues Buyer raises.
137 The judgment is reversed and the case is remanded for further proceedings.
1 38 Judge FURMAN concurs.
Judge CARPARELLLI concurs in part and dissents in part.
Judge CARPARELLI
concurring in part and dissenting in part.
39 I agree that the district court erred when it concluded the claims stated in the January 2009 complaint are precluded, and, on that basis, granted summary judgment. I also agree that "the alleged breaches based on the Reimbursement Agreement give rise to separate claims from those based on the lease." However, I reach this conclusion based solely on the application of the four-part test of claim preclusion and the determination that there is not an identity of claims for relief in the two lawsuits. In addition, I disagree with the scope of the remand.
40 Unlike the majority, I conclude that the February 2007 claim regarding the lease and the January 2009 claim regarding the road construction reimbursement allege different events, different transactions, and different injuries. They also seek markedly different relief. Thus, based on a pragmatic determination of what constitutes a factual grouping, as discussed in Salazar v. State Farm Mutual Automobile Insurance Co., 148 P.3d 278, 281 (Colo.App.2006), I conclude there is no identity of claims for relief.
41 I disagree with the majority's apparent conclusion that because these two claims assert breaches of the same contract, there is an identity of the claims for relief, and that the January 2009 claim is precluded unless it is "after-arising." The majority's conclusion is based, in part, on the Tenth Circuit's decision in Petromanagement Corp. v. Acme-Thomas Joint Venture, 835 F.2d 1329 (10th Cir.1988), which, in my view, is distinguishable. To the extent that it is also based Argus Real Estate, Inc. v. E-470 Public Highway Authority, 109 P.3d 604 (Colo.2005), and Salazar, I conclude that those cases do not support the majority's conclusion that there is an identity of claims when the breaches and claims for relief are as disparate as they are here.
€ 42 In my view, the majority's extensive discussion of C.R.C.P. 15(d) and "after-arising claims" is not only unnecessary, but implies that even when there is no identity of claims, a claim asserting a disparate breach of a contract is precluded unless it is "after-arising." This may lead to litigation about the meaning of "after-arising claims," and, rather than create a "bright-line rule," weaken the longstanding four-part test.
43 Accordingly, although I concur in reversing the judgment, I would remand with directions to deny the seller's motion for summary judgment-elaim preclusion, to address any pending motions, and to proceed with litigation of the buyer's January 2009 claim.
I. The Seller's Representations and Warranties
44 On March 31, 2006, the seller agreed to sell an RV park to the buyer. Among other things, the seller represented and warranted that it would transfer the property "free and clear of all liens and encumbrances other than those agreed to in the agreement."
T45 In May 2006, the seller executed a warranty deed in which it conveyed the property to the buyer. The deed stated, among other things, that the property was "free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, enecum-brances and restrictions of whatever kind or nature whatsoever, except -all taxes and assessments for the current year, a lien but not yet due or payable," and specific exceptions described in Schedule B, Section 2, which was attached to the deed. Schedule B, Seetion 2, does not include an exception regarding the encumbrances the buyer now alleges.
IL - The Complaints
A. The First Lawsuit
146 The buyer first sued the seller on February 14, 2007, asserting claims for breach of contract, fraud and deceit, and indemnification. The buyer alleged that the seller transferred title that was encumbered by a lease agreement that permitted a tenant to operate a tavern on the property, and, in so doing, breached the representations and warranties in the March 2006 real estate purchase agreement. The case was tried to the district court from January 20 to 28, 2009. On April 2, 2009, the trial court found that the seller breached its representations and warranties that the property was free of encumbrances, but did not award damages. A division of this court affirmed the judgment as to breaches of the real estate purchase agreement and the warranty deed, but remanded to the district court for further findings regarding whether the buyer had proved that the lease diminished the value of the property. Loveland Essential Grp., LLC v. Grommon Farms, Inc., 251 P.3d 1109 (Colo. App.2010).
B. The Second Lawsuit
T47 On January 13, 2009, just a week before the first case went to trial, the buyer filed a second complaint alleging that the seller breached the purchase agreement by not disclosing "the potential for a claim of a right of reimbursement." It also alleges that the seller breached the terms of the warranty deed by not conveying the parcels free and clear from, as relevant here, all former and other liens, taxes, assessments, eneum-brances, and restrictions, other than the specific exceptions in the relevant attachment.
[ 48 The record includes evidence that, in September 2004, the seller conveyed land adjacent to the RV park to Centerra Metropolitan District No. 1, which was developing land surrounding the property. According to the record, Centerra dedicated that land to the City in December 2004. The record also indicates that Centerra constructed roads adjacent to and abutting the RV park, and that the roads were completed and accepted by the City's engineering department in April 2006. These events predate the seller's delivery of the warranty deed to the buyer.
T 49 On July 8, 2008, the City of Loveland and Centerra executed a property reimbursement agreement in which they agreed that Centerra would have an opportunity to be reimbursed for the cost of the road construction by future developers or redevelop-ers of property adjacent to and abutting the improvements Centerra had installed. The reimbursement agreement was recorded on August 1, 2008.
{50 The buyer asserts that, on August 7, 2008, the City sent a certified mail notice that it had filed the reimbursement agreement against the property. There is evidence that the City advised the buyer that if it chose to redevelop the property, it would be required to pay Centerra more than $750,000 to reimburse it for roads it constructed adjacent to the property. The ree-ord does not indicate whether the buyer has applied to redevelop the parcels, nor does it indicate whether Centerra or the City has asserted a claim for reimbursement of the road construction costs.
III. Claim Preclusion
151 Claim preclusion bars the repeated litigation of claims that have already been resolved by a court. It serves "the dual purpose of protecting litigants from the burden of relitigating an identical issue with the same party or his privy and of promoting judicial economy by preventing needless litigation." Parklane Hostery Co. v. Shore, 489 U.S. 322, 326, 99 S.Ct. 645, 58 L.Ed.2d 552 (1979).
{52 Thus, a claim that has been resolved in one judicial proceeding may not be litigated again in a second judicial proceeding when (1) the first judgment is final, (2) there is identity of subject matter, (3) there is identity of claims for relief, and (4) there are identical parties or there is privity between parties to the two actions. Burlington Ditch Reservoir & Land Colo. v. Metro Wastewater Reclamation Dist., 256 P.8d 645, 668 (Colo. 2011); Argus Real Estate, 109 P.38d at 608.
53 The determination of whether there is identity of claims "is bounded by the injury for which relief is demanded, and not by the legal theory on which the person asserting the claims relies." Farmers High Line Canal & Reservoir Co. v. City of Golden, 975 P.2d 189, 199 (Colo.1999). The supreme court has said that "claim preclusion bars relitigation not only of all claims actually decided, but of all claims that might have been decided if the claims are tied by the same injury." Argus Real Estate, 109 P.8d at 609. Quoting Restatement (Second) of Judgments § 24 (1982), the court further explained that claim preclusion
bars a litigant from splitting claims into separate actions because once judgment is entered in an action it "extinguishes the plaintiff's claim ... includ[ing] all rights of the plaintiff to remedies against the defendant with respect to all or any part of the transaction, or series of connected transactions, out of which the action arose."
Argus Real Estate, 109 P.8d at 609.
154 In Argus Real Estate, a corporate landowner agreed to grant title of property to a public highway authority. Under the agreement, the highway authority agreed to return title to the landowner if it did not use the property. The landowner's general partner later executed a gift deed to the highway authority that did not include the reversion agreement. | The landowner next assigned its interest in the agreement to a real estate company. The highway authority sued the landowner for a declaratory judgment and to quiet title The landowner counterclaimed, alleging breach of contract and seeking specific performance, declaratory judgment, and to quiet title. The district court granted the highway authority's motion for summary judgment. The real estate company, as as-signee of the original agreement, later sued the highway authority seeking reformation of the agreement. The supreme court ultimately affirmed the district court's grant of summary judgment based on claim preclusion. The court said "it was incumbent upon each party to raise any claims, issues and defenses it may have had that would affect the adjudication of rights in the parcel." Id. The court ruled that the claim was precluded because the landowner could have raised a statutory reformation claim and should have done so "because the claim directly involved the adjudication of its rights in the parcel as part of the quiet title claim." Id. Thus, although the landowner and the real estate company sought different relief, the real estate company's claims were precluded because they alleged the same promise, the same breach, and the same injury to ownership of the property.
T55 In Salazar, a division of this court further explained that, when determining whether a factual grouping constitutes a transaction, we do so "pragmatically, giving weight to such factors as 'whether the facts are related in time, space, origin, or motivation, whether they form a convenient trial unit, and whether their treatment as a unit conforms to the parties' expectations."" 148 P.3d at 281 (quoting Porn v. Nat'l Grange Mut. Ins. Co., 98 F.3d 31, 85 (Ist Cir.1996)); accord Restatement § 24. Other courts, adopting but embellishing the Restatement § 24 test, measure the claim by reference to "all grounds for relief arising out of the conduct complained of," Kilgoar v. Colbert County Bd. of Educ., 578 F.2d 1083, 1085 (5th Cir.1978); "operative facts," Landscape Properties, Inc. v. Whisenhunt, 127 F.8d 678, 683 (8th Cir.1997); a "factual clone," Sims v. Mack Trucks, Inc., 468 F.Supp. 1068, 1070 (E.D.Pa.1979); or "a common nucleus of operative facts," Haag v. United States, 589 F.3d 43, 45-46 (Ist Cir.2009); In re Ark-LaTex Timber Co., 482 F.8d 319, 330 (5th Cir. 2007). See also 18 Wright, Miller & Cooper, Federal Practice and Procedure: Jurisdiction § 4407, at 178-77 (2d ed. 2002).
156 Most modern courts have defined a cause of action in terms of a functionally related group of facts, and have defined a transaction functionally rather than analytically, and flexibly rather than rigidly. Robert C. Casad & Kevin M. Clermont, Res Judicata, A Handbook on its Theory, Doctrine, and Practice 65-66 (2001). The general rule is that a court will look to the injury underlying each of the proceedings. 1B Colo. Prac., Methods of Practice § 25:2 (5th ed.) (emphasis added); Farmers High Ling, 975 P.2d at 199. The relevant inquiry is whether the claims arise out of the same transaction, seek redress for essentially the same basic wrong, and rest on the same or a substantially similar factual basis. Porn, 98 F.3d at 34.
57 It is on this issue that I depart from the majority's analysis and reliance on Petro-management. - Petromanagement was a federal diversity case, and the primary issue was whether the court should apply the federal or state law of claim preclusion. The court concluded that the federal law controlled. - Petromanagement, 835 F.2d at 1331. There, an oil and gas exploration company entered into an option agreement to buy oil and gas leases from an oil and gas development company. The company later bought five leases pertaining to five wells, each by way of a separate, but identical, purchase agreement. Id. In its first suit, the exploration company sought rescission of the option agreement, alleging that the development company had not met its contractual obligations, including keeping one particular well free of all liens. Id. In its second suit, the exploration company referenced the five separate lease purchase agreements. This time, the company not only sought rescission and restitution, but also sought actual and punitive damages, alleging the development company had fraudulently induced it to enter into the contracts, falsely represented the production capabilities of the wells, and falsely advised it regarding those capabilities. The court of appeals said it was not required to find that the five lease purchase contracts constituted a single transaction. Instead, it concluded that the two lawsuits presented the same cause of action because the five contracts were identical and constituted a sufficiently related series of connected transactions. Thus, the court did not take a categorical approach based on a conclusion that the claims arose from a single contract, but, rather, took a pragmatic approach based on considerations of time, space, origin, and motivation, whether the claims formed a convenient trial unit, and whether treatment of the claims as a unit conformed to the parties' expectations. Thus, I do not perceive the ruling in Petromanagement as rigid or controlling on the facts before us.
IV. Seller's Motion for Summary Judgment
1 58 The seller sought summary judgment, asserting that a final judgment in February 2007 lawsuit precludes litigation of the buyer's claims in the January 2009 suit.
159 The trial court said, "(Claim preclusion] not only bars issues actually decided, but also any issues that should have been raised in the first proceeding, but were not." (Emphasis added.) On this premise, it ruled that the buyer's second claim was precluded because both the first and second lawsuits against the seller "allege breaches of the same Contract and Deed, and arise out of the same operative facts surrounding the sale," and the buyer could have easily raised issues concerning the Reimbursement Agreement in the first action.
T60 This case turns on the question of whether there is identity of claims.
V. - Analysis
{61 The February 2007 claim regarding the lease and the January 2009 claim regarding the road construction reimbursement allege different events relating to different transactions and injuries. They also seek markedly different relief Thus, the seller did not meet its burden to show, based on undisputed facts, that the buyer's January 2009 claim is precluded.
A. Identity of Claims
162 The buyer's 2007 claim and its 2009 claim pertain to different
® alleged encumbrances (lease vs. reimbursement liability);
e documentary sources (lease between the seller and the tenant vs. reimbursement agreement between Centerra and the City);
® parties whom the alleged encumbrances benefit (tenant vs. Centerra);
® locations (tavern vs. adjacent road);
estatus of the alleged encumbrances at the time of closing (operative vs. potential);
® dates on which the alleged encumbrances attached to the property (before closing vs. yet to be determined);
e alleged dates of the discovery (before February 2007 vs. after that date);
® injuries ($1.17 MM diminished property value resulting from the lease vs. encumbrance of $794,871.69 liability for road construction in the event of redevelop ment); and remedies (declaration that lease is unenforceable and damages based on lease vs. damages based on the reimbursement for road construction).
In addition, the two claims are so disparate that it is debatable whether they form a convenient trial unit. The record is silent about whether the parties would have expected claims regarding such diverse injuries and claims to have been tried as a single unit.
T 63 Considering the foi'egoing factors, the claims do not seek redress for the same injury and they do not rest on the same or substantially similar evidentiary or factual bases. Therefore, considering the claims functionally rather than analytically, and flexibly rather than rigidly, I conclude that the lease encumbrance was the transaction addressed in the February 2007 lawsuit and the alleged reimbursement encumbrance is the transaction addressed in the January 2009 lawsuit. In this regard, I conclude that although the real estate agreement and the transfer of title were each single events, the covenants the seller made in them are susceptible of separate breaches based on claims by distinct parties arising at different times.
B. Seller's Arguments
{64 To large measure, the seller argues that the buyer knew about the road construction and anticipated that it might be required to reimburse Centerra. These arguments, however, pertain to the merits of the buyer's claims; that is, whether the seller failed to disclose the reimbursement matter and whether that matter constituted a breach of the covenant of title. Therefore, I have considered them only to the extent that they suggest that there is identity of claims and that the claims constitute a single transaction for claim preclusion purposes.
1 65 I reject as overbroad the seller's contention that "claims preclusion bars re-litigation of claims that have already been decided as well as those which could have been decided." (Emphasis added.)
T 66 The four-part test for claim preclusion is whether there is a final judgment, identity of subject matter, identity of claims for relief, and identity of parties When determining whether there is identity of claims, it is nee-essary to consider the factors set out in Salazar. The statement that claim preclusion bars the relitigation of claims that could have been decided does not supplant the four-part test. Instead, it merely observes that when the four-part test is satisfied, it not only bars the theories of relief that were actually litigated, but also bars theories of relief that could have been presented. In this regard, it is a corollary to the statement that the determination of whether there is identity of claims "is bounded by the injury for which relief is demanded, and not by the legal theory on which the person asserting the claims relies." Farmers High Line Canal, 975 P.2d at 199.
67 The cases on which the seller relies do not hold to the contrary.
168 With regard to In re Estate of Youngquest, 102 Colo. 105, 111, 76 P.2d 1117, 1119 (1938), the seller says "the appellate court was clear that claim preclusion bars not only those matters actually decided but also those which might have been litigated." There, however, the supreme court made it clear that there must be an identity of claims: "[Claim preclusion] is controlling where the second action is based upon the same claim as was asserted in the first, but where the second proceeding is based upon a different claim, only matters actually litigated in the first action are [precluded]." Id. at 110-11, 76 P.2d at 1119 (emphasis in the original). Indeed, the court described the difference between the effect of a judgment on a second action for the same claim or demand, and its effect on a second action between the same parties on a different claim or cause of action:
In the former, the judgment, if rendered upon the merits, constitutes an absolute bar to a subsequent action. It concludes the parties as to every matter which was offered and received to sustain or defeat the claim or demand, and as to every other substantial matter which might have been offered for that purpose; but, where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters actually litigated and determined, and not what might have been.
Id. at 111, 76 P.2d at 1119 (quoting Grand Valley Irrigation Co. v. Fruita Improvement Co., 37 Colo. 483, 500, 86 P. 324, 330 (1906)) (emphasis added).
169 With regard to Natural Energy Resources Co. v. Upper Gunnison River Water Conservancy District, 142 P.3d 1265, 1280, n. 22 (Colo.2006), the seller presents the following quotation from Argus Real Estate: "Claim preclusion works to preclude relitigation of matters that have already been decided as well as matters that could have been raised in a prior proceeding but were not." 109 P.3d at 608. However, the Argus court did not rely on the quoted language in reaching its decision. Moreover, the court again made it clear that claim preclusion only bars relitigation of claims "that might have been decided if the claims are tied by the some injury." Id. at 609 (emphasis added). With regard the statement about "matters that could have been raised in a prior proceeding but were not," the court cited Lobato v. Taylor, 70 P.3d 1152, 1165 (Colo.2003), as the source.
70 Although Lobato does, indeed, make that statement, the court there did not rely on that language to reach its decision. The court cited 18 Wright, Miller & Cooper, Federal Practice and Procedure: Jurisdiction § 4403, at 20 (2d ed. 2002), as the source of the statement. The language in Federal Practice and Procedure that most closely resembles the language in Lobato begins the editors' summary of policies and sources of res judicata. It does not state the rule itself. Instead, it states that there are many closely related policies that underlie res judicata rules. It then says that this is so whether the purpose and effect of the rule is to preclude relitigation of matters that have been litigated previously or to preclude any litigation of matters that should have been litigated previously. This is not a statement of the rule of claim preclusion; it is a statement of the purpose and effect of the rule. And, indeed, depending on the cireumstances of a case, application of the four-part rule may bar relitigation of matters previously litigated or bar litigation of matters related to the same injury that could or should have been litigated in the context of the earlier proceedings. Regardless of the treatise's introductory description of the purpose and effect of the rule of claim preclusion, it does not establish binding Colorado precedent.
{71 The seller's reliance on Holnam, Inc. v. Industrial Claim Appeals Office, 159 P.8d 795, 798 (Colo.App.2006), is also unavailing. First, the division ruled that the second action was based on the same injury. Under existing law, a second claim for the same injury constitutes the same claim and is precluded because it has been previously litigated, not because it could have been litigated. Thus, onee again, the four-part rule controls, and in Holnam, the division concluded there was an identity of claims in the two suits.
172 Thus, the essential question here is not whether the buyer could have included the road construction reimbursement agreement in the February 2007 lawsuit, but whether the seller has demonstrated based on undisputed facts that there is an identity of claims. And here, the two claims do not pertain to the same injury; are not related in time, space, or origin; do not rely on the same operative facts; and do not form a convenient trial unit. Therefore, I conclude that the seller did not meet its burden of showing otherwise based on undisputed facts. Accordingly, I also conclude that the court erred when it ruled that the buyer's January 2009 claims were precluded and granted summary judgment on that basis.
C. C.R.GC.P. 15(d)
173 I am not persuaded by the seller's argument that controlling Colorado precedent requires the buyer to join these disparate claims in a single lawsuit, and to have the resolution of the lease dispute preclude resolution of the reimbursement agreement dispute. Such a rule would ignore, and possibly supplant, the claim preclusion test that there must be an identity of subject matter, claims, and parties Moreover, absent a more explicit statement regarding claim preclusion in C.R.C.P. 15(d), this permissive procedural rule does not operate to modify the common law test of claim preclusion.
T 74 Accordingly, I concur that the judgment must be reversed. However, I would remand with instructions to deny the seller's motion for summary judgment-claim preclusion, to address any pending motions, and to proceed with litigation of the buyer's January 2009 claim.
. Buyer asserts that all of the improvements and construction for which the city sought reimbursement had been completed before it purchased the property.
. We use the term claim preclusion to distinguish the concept from the separate doctrine of issue preclusion. See Argus Real Estate, Inc. v. E-470 Pub. Highway Auth., 109 P.3d 604, 608 (Colo.2005).
. Based on these authorities, and the Colorado authorities cited above, we respectfully disagree with the concurrence's analysis. In our view, the concurrence's analysis construes the "transaction' at issue too narrowly. The claims at issue in the two actions are for breaches of the same instruments, and are based on the same obligations in those instruments. Unless the later claims are after-arising claims, they must be regarded as arising from the same transaction as the claims in the first action lest the concern for avoiding piecemeal litigation underlying the claim preclusion doctrine be thwarted.
. We recognize that in Salazar a division of this court concluded that it was reasonable to have expected the plaintiff to have amended her complaint to include claims of which she became aware after the original filing but four months before trial thereon. 148 P.3d at 282. However, the division addressed only the issue of whether litigating the after-arising claims in the first trial would have conformed to the parties' expectations, not whether claim preclusion generally bars later litigation of after-arising claims. See id.
. See, e.g., Morgan v. Covington Twp., 648 F.3d 172, 177-78 (3d Cir.2011); Smith v. Potter, 513 F.3d 781, 783 (7th Cir.2008); Rawe v. Liberty Mut. Fire Ins. Co., 462 F.3d 521, 529-30 (6th Cir.2006) (applying Kentucky law); Storey v. Cello Holdings, LLC., 347 F.3d 370, 384-86 (2d Cir.2003); Baker Grp., L.C. v. Burlington N. & Santa Fe Ry. Co., 228 F.3d 883, 886 (8th Cir.2000); Mitchell v. City of Moore, 218 F.3d 1190, 1202-03 (10th Cir.2000); Florida Power & Light Co. v. United States, 198 F.3d 1358, 1360-61 (Fed.Cir.1999); Manning v. City of Auburn, 953 F.2d 1355, 1359-60 (11th Cir.1992) (applying Alabama law); Young-Henderson v. Spartanburg Area Mental Health Ctr., 945 F.2d 770, 774 (4th Cir.1991) (in dicta); Los Angeles Branch NAACP v. Los Angeles Unified Sch. Dist., 750 F.2d 731, 739 (9th Cir.1984) (applying California law); see also In re Belmont Realty Corp., 11 F.3d 1092, 1100 (1st Cir.1993).
. See Chiepalich v. Coale, 36 So.3d 1, 4-5 (Ala.2009); Allied Fire Protection v. Diede Constr., Inc., 127 Cal.App.4th 150, 25 Cal.Rptr.3d 195, 199-201 (2005); LaPoint, 970 A.2d at 194; Bolte v. Aits, Inc., 60 Haw. 58, 587 P.2d 810, 812-14 (1978); Durrant v. Quality First Mktg., Inc., 127 Idaho 558, 903 P.2d 147, 149-51 (App.1995); Coomer v. CSX Transp., Inc., 319 S.W.3d 366, 373-74 & n. 23 (Ky.2010) (citing Judge Webb's concurrence in Camus); Roche v. Roche, 22 Mass.App.Ct. 306, 493 N.E.2d 523, 526 (1986); Banks v. LAB Lansing Body Assembly, 271 Mich.App. 227, 720 N.W.2d 756, 758-59 (2006); Drewitz v. Motorwerks, Inc., 728 N.W.2d 231, 239-40 (Minn.2007); Schwartz v. State Dep't of Revenue Admin., 135 N.H. 470, 606 A.2d 806, 809 (1992); Brooks Trucking Co., Inc. v. Bull Rogers, Inc., 139 N.M. 99, 128 P.3d 1076, 1081-82 (App.2006); Hoover v. County of Broome, 2009 WL 1564730, *2 (N.Y. Sup.Ct. No.2008-1102, June 2, 2009) (unreported disposition); Allison v. Montgomery, 118 Or.App. 118, 846 P.2d 435, 436-37 (1993); Belliveau Bldg. Corp. v. O'Coin, 1997 WL 839893, *5 (R.I.Super.Ct. No. 90-2812, Feb. 19, 1997) (unpublished decision); Du-Al Mfg. Co. v. Sioux Falls Constr. Co., 487 N.W.2d 29, 32 (S.D.1992); Macris & Assocs., Inc. v. Neways, Inc., 16 P.3d 1214, 1219-20 (Utah 2000); Spicer v. Va. Birth-Related Neurological Injury Comp. Program, 48 Va.App. 613, 633 S.E.2d 732, 736 n. 6 (2006); see also Baltimore S.S. Co. v. Phillips, 274 U.S. 316, 319-20, 47 S.Ct. 600, 71 L.Ed. 1069 (1927) ("[A] judgment or decree upon the merits concludes the parties as to all media concludendi or grounds for asserting the right, known when the suit was brought." (emphasis added)); Executive Fitness, 660 S.E.2d at 28-29 (noting that claim preclusion does not bar a later action on claims arising after the first action commences, but addressing claims arising after the first judgment); Whalen v. Connelly, 621 N.W.2d 681, 685 (Iowa 2000) (same as Executive Fitness); Ardary v. Stepien, 2004 WL 253491, *3 (Ohio Ct.App. No. 82950, Feb. 12, 2004) (unpublished opinion) (same as Executive Fitness ).
. "Amended and supplemental pleadings differ in that the former relate to matters occurring before the filing of the original pleading ... while the latier concern events subsequent to the original pleading...." Eagle River Mobile Home Park, Ltd. v. Dist. Court, 647 P.2d 660, 662 n. 3 (Colo.1982); accord Lutz v. Dist. Court, 716 P.2d 129, 131 n. 1 (Colo.1986); 6A Charles Alan Wright et al., Federal Practice and Procedure § 1504, at 254 (3d ed. 2010). Consequently, a plaintiff may include an after-arising claim in the original action in one of two ways: (1) through an amended pleading, if the events giving rise to the claim occurred before the original filing but were not discovered until after that filing; and (2) through a supplemental pleading, if the events occurred after the filing. See C.RC.P. 15(a), (d); Lutz, 716 P.2d at 131 n. 1 (the plaintiff could have filed an amended pleading where the changes related to events that had happened before the complaint was filed, but were not discovered until after the filing). Whether the pleading is labeled as amended or supplemental, however, is largely immaterial to our analysis. See Eagle River, 647 P.2d at 662 n. 3; see also United States v. Vorachek, 563 F.2d 884, 886 n. 1 (8th Cir.1977); 6A Federal Practice and Procedure § 1504, at 254-55 ("'Parties and courts occasionally confuse supplemental pleadings with amended pleadings and mislabeling is common. These misnomers are not of any significance, however.").
. See CenTrust Mortg. Corp. v. Smith & Jenkins, P.C., 220 Ga.App. 394, 469 S.E.2d 466, 468-69 (1996); Altair Corp. v. Grand Premier Trust & Inv., Inc., 318 Ill.App.3d 57, 252 Ill.Dec. 101, 742 N.E.2d 351, 356 (2000) (addressing circumstances where the plaintiff learned of the after-arising claim long before final judgment and therefore had time to act); Kinsman v. Turetsky, 21 A.D.3d 1246, 804 N.Y.S.2d 430, 431-32 (N.Y.App.Div.2005); Mohamed v. Exxon Corp., 796 S.W.2d 751, 756 (Tex.App.1990); see also AMEC Civil, LLC v. State Dep't of Transp., 41 So.3d 235, 242-43 (Fla.Dist.Ct.App.2010) (where the plaintiff filed a breach of contract action before final acceptance of the contract, its premature filing prevented joinder of all the contract-based claims and, therefore, the after-arising breach of contract claims were precluded); Regions Fin. Corp. v. Marsh USA, Inc., 310 S.W.3d 382, 394-96 (Tenn.Ct.App.2009) (rejecting the plaintiff's argument that "an issue only 'could have been raised' if the moving party had an unfettered right to raise it"; addressing, however, an alternative theory supporting the original claim and not a new, distinct claim).
. We emphasize that a court need only employ this analysis where the claims arise from the same transaction or series of transactions. "(Elven if a plaintiff is aware of the factual basis for a suit at the filing of another suit, he or she is not obligated to bring all claims together if they do not arise out of the same transaction." Doe, 985 F.2d at 914; see Argus Real Estate, 109 P.3d at 609.
. Although seller's brief cites page 118 of that decision, I can find no such language on that page. Instead, I address similar language that appears on page 1119.
| CASELAW |
Effect of e-mail versus postal reminders for mammogram screening.
Rajeev Chaudhry, Rosa Cabanela, Ahmed Rahman, Erin McMurtry, Dorinda Leutink, Sidna Scheitel, James M. Naessens
Research output: Contribution to journalArticle
2 Scopus citations
Abstract
A randomized controlled trial was undertaken to measure the efficacy of a patient reminder system for females age 40 - 75 in a Midwestern primary care practice. A subset of the population whose email addresses were known was further randomized to measure the effect of email versus postal reminders. A statistically significant increase in completion rates was observed in the intervention group while no difference was found between the email and postal mail groups.
Original languageEnglish (US)
Number of pages1
JournalAMIA ... Annual Symposium proceedings / AMIA Symposium. AMIA Symposium
StatePublished - 2006
ASJC Scopus subject areas
• Medicine(all)
Fingerprint Dive into the research topics of 'Effect of e-mail versus postal reminders for mammogram screening.'. Together they form a unique fingerprint.
• Cite this | ESSENTIALAI-STEM |
User:Zachjones14/sandbox
All of Our team's work was done in Sebastian Trejo's sandbox: Mercury Mythology | WIKI |
Riparia is an arm of the Penn State Institutes of Energy and the Environment dedicated to using science to improve watershed management. Since 1993, the center has developed several novel monitoring tools.
One such tool is the Floristic Quality Assessment Index (FQI).
Developed for Midwest prairies, researchers realized the index could be applied to wetlands as well. However, users must know all flora in a given wetland — not particularly easy considering that wetlands have more than 80 plant species.
To classify as a wetland, federal regulators require documentation of dominant species. Riparia's Robert Brooks and Sarah Chamberlain tested a streamlined version of FQI using 87 of the 200-plus wetlands Riparia monitors and found that it's just as effective at predicting wetland quality.
You can also use the free "rapid" model to assess other habitats, such as highlands and mountainous regions. Bonus!
| ESSENTIALAI-STEM |
You Can Lose Weight With This Weight Loss Advice
Is your overweight and unshapely body shape getting you down? Are you intimidated by the idea of trying to improve your body? Have you attempted weight in the past and gave up? You might find this article. Keep reading to find some great weight and stay healthy.
Starving yourself is terrible for a lot of reasons. One such reason is that without food intake, which means you’ll start storing things in the fatty areas of your body. This “diet” leads to overeating and is sure to make you will pack on the pounds when you eat again.
Try to decrease the amount of caffeine you consume. Research indicates that caffeine causes your body to burn stored fat.
Find someone you can exercise. Having a friend around can make your exercise time much more pleasant.You and your buddy can give each other and share stories.
Spiral Notebook
Keep careful track of your calories.Get yourself a cheap spiral notebook. Use this spiral notebook as a journal for tracking your food intake. This is a perfect way to record what you’re consuming and keeping a close eye on your progress each day.
Make sure that your kids get an adequate amount of sleep if you are trying to help them in their quest to lose weight. Children need to sleep for at least eight hours nightly. Tell your kids how their growing body and why sleep is important.
When considering eating healthy, fad diets come and go and you should avoid them. The weight loss sector is known for these type of diets that blossom for a small amount of time and fade fast. These diets usually fade because they cannot safely sustain long-term benefits are exposed.
Make sure you drink an adequate amount of water during your daily routine. Most people need about eight glasses each day to stay adequately hydrated. You will want to drink a lot more when it is hot. Drinking a bunch of water can keep the digestive system running smoothly and helps you will feel more full.
Be sure to eat a lot of healthy food before you go to an event where you will be tempted by party food.You will be less tempted to gorge on food that is unhealthy at a party. You can also try sipping wine instead of mixed drinks or other mixed-drinks.
You should always use baggies or Tupperware containers to keep the divided portions fresh. Having prepared food at your fingertips means you’ll be less likely to overeat.
Cooking meals that you make at home can be great for weight loss. Lots of restaurants have food covered in fattening sauces or butter and fat and create high calorie meals.You can even burn off calories with the actual act of cooking things yourself.
Weight Loss
Stay away from products that promise weight loss. Any weight loss you lose quickly will probably be gained again once you are no longer taking the supplement.
Take a “before” photograph when you can see your progress. The picture will keep you and give you something to look back on once you’ve accomplished your goals.You can also show before and after pictures to help motivate others to live a healthy lifestyle.
You need to eat fat in order to burn it.They are, however, key components of a healthy lifestyle, making weight loss possible.
Resistance Training
Remember that dieting and exercise should be the main things you should be doing for weight loss plan along with diet. The only way to really lose weight loss is burn more calories off than you eat! Biking and jogging are no-cost, along with resistance training that helps you build up a little muscle, while resistance training helps build up muscle and speed up your metabolism.
When you are losing weight, you should try to buy smaller clothing at the thrift stores or outlet stores. This is because you want to avoid spending lots of money on clothing that will only fit properly for a short time period.
When you are attempting to lose some extra weight you cannot eat high calorie foods in the same amounts as you treat healthy foods. For instance, if you allow yourself a tiny piece of cake, surround it with fruit and the cake will be even more special.
If you notice they are relaxed, pick it up the minute you remember it. This will tone your posture and keeps your body strong throughout the day.
A good way to feel a connection to various fitness websites and bookmark on these websites. If you feel like giving up, head over to a site you bookmarked to get motivated again. When you connect with other people’s experiences, you may get your motivation back.
Now you should have some idea how to take off the extra weight. Do not pass this chance up; put what you have read into play. | ESSENTIALAI-STEM |
Page:A biographical dictionary of eminent Scotsmen, vol 2.djvu/142
436 tion. In the month of March, 1715, he was attacked with a pleuritic fever, which carried him off, being in the seventy-second year of his age. He was married first to the Lady Margaret Kennedy, daughter to the Earl of Cassillis, celebrated for her beauty and her wit. Secondly, to Mrs Mary Scott, a Dutch lady of noble extraction and large fortune, by whom he had three sons. Thirdly, to Mrs Berkeley, a widow lady of singular talents and uncommon piety, by whom he had no issue. From the brief sketch which we have given of the principal events of his life, it is evident that Dr Burnet possessed a vigorous understanding, and was a man of great piety, and unwearied perseverance. Early prepossessions, however, which, vigorous as his understanding was, he evidently could not overcome, made him the dupe of―a system antiscriptural and superstitious a system which, whatever it may seem to promise in theory, has in practice been found cumbersome and inefficient―a system which, while it provides for the pampering of a few of the privileged orders of the clergy, leaves all the rest, together with the great body of the people, to pine and perish in want, contempt, and ignorance. What man as a bishop could do, Dr Burnet, while bishop of Salisbury, appears to have done; but he was hampered on all hands by insurmountable abuses originally inherent, or growing naturally out of the legalised order of things. His consistorial court he found to have become a grievance both to clergy and laity, and he attended for years in person to correct it. But the true foundation of complaint he found to be the dilatory course of proceedings, and the exorbitant fees, which he had no authority to correct. He could not even discharge poor suitors who were oppressed with vexatious prosecutions, otherwise than by paying their fees out of his own pocket, which he frequently did, and this was all the reform he was able to accomplish. In admitting to orders, he met with so much ignorance and thoughtless levity, that for the benefit of the church he formed a nursery at Salisbury, under his own eye, for students of divinity, to the number of ten, to each of whom he allowed a sum of money out of his own income for his subsistence, and in this way he reared up several young men who became eminent in the church; but this was soon discovered to be a designed affront put upon the method of education followed at Oxford, and he was compelled to give it up. Pluralities he exclaimed against as sacrilegious robbery, and in his first visitation at Salisbury quoted St Bernard, who, being consulted by a priest, whether he might not accept of two benefices, replied, 'And how will you be able to serve them.' 'I intend,' said the priest, 'to officiate in one of them by deputy.' 'Will your deputy be damned for you too,' said the saint; ' believe me, you may serve your cure by proxy, but you must be damned in person.' This quotation so affected one of his hearers, Mr Kilsey, that he resigned the rectory of Bemerton, worth two hundred pounds a year, which he held along with one of still greater value. The bishop was, at the same time, from the poverty of the living, frequently under the necessity of joining two of them together to have them served at all, and sometimes he found it necessary to help the incumbent out of his own pocket into the bargain. These, with other evils, it must be admitted, the Doctor lost no opportunity to attempt having redressed, but alas! they were and are inherent in the system, without a reform in which, they admit of no cure. He travelled over his diocese which he found "ignorant to scandal," catechising and confirming with the zeal of an apostle; and when he attended his duty in parliament, he preached in some of the London churches every Sabbath morning, and in the evening lectured in his own house, where a number of persons of distinction attended. So much conscientious diligence, confined to a legitimate locality, could scarcely have failed to produce a rich harvest of gospel fruits. Scattered as it was over such a wide surface, there is reason to fear that it was in a great measure unpro- | WIKI |
EDTs (Engineering Data Types) used in CS734 LM project: LL1, LL2, HT
Betty O'Neil and Pat O'Neil, October, 2005
Data Structures in C that fit together nicely
C is a low-level language, but one that is used for operating system and database system implementation because of its high performance. Like a racecar, it’s harder to use but what you need for the fastest performance.
We have engaged in a project to create C data structures that "fit together like tinker-toys". Thus, for example, we can use an array to hold in its cells the HDR of a Chain-Linked List, or LL (either a 2-way LL, named LL2 as an EDT, or a one-way LL named LL1). These LLs are collection types, and they are identified and anchored by their HDR structs. A pointer to a HDR struct works like an object reference to the whole collection object, that is, and the HDR itself contains the pointer to starting element on the list, etc. The elements on the list can have any C struct type.
Although we do not deal with it in this short note, we also have a HT (hash table) edt that allow us to use hashing to locate the lock manager dids and tids in particular cells of the arrays that themselves contain HDRs of LLs for wait queues and lists of locks belonging to a tid.
Header structs and element structs for a list
To repeat, pointers in structs are used to hang structs together in a LL or other data structure. A LL has a “header” struct (HDR), that holds various information about the overall LL, and a pointer to the first element struct on the LL (and perhaps the final element struct on the LL). Each element struct has a pointer to the next element on the LL, and the last element has a null pointer or pointer back to the header struct, depending on the implementation details.
Multiple “next” pointers are needed sometimes
An element can be on more than one LL. Suppose an element is on LLA, identified by a pointer to its header, and listB, similarly identified. Then the element struct needs to have a pointer to the next element on LLA, and another pointer for the next element on LLB. For example, each LCB is on a waitq and also a txlist. So each LCB needs to have a pointer for the next LCB on the waitq for this did, and another for the next LCB on the txlist for this tid.
How can we manage multiple next-pointers in an element struct?
The idea of next-pointer offsets.
We would like to have a general purpose implementation for LLs, and treat LLA and LLB as simply different LL objects. One solution is to parametrize the position of next pointers in the element struct. Suppose the next pointer of LLA is at an offset of 0 from the beginning of the element struct and the next pointer of LLB is at byte offset 8.
Next-pointer offsets and portability.
When you port code with pointers between 32 and 64-bit platforms, pointers themselves become fatter (64 bits instead of 32) and that causes the next-pointer byte offsets to change. Thus it’s best to devise a scheme that makes C compute the offsets from the actual struct layouts. This can be done, as detailed at the end of this document. Offsets are measured in pointer-sized units, so an offset of 2 means 16 bytes on a 32-bit platform and 32 bytes on a 64-bit platform.
Ability to “corner” from one LL to another at an element
With the offset information at hand, the EDT code can do things that ordinary collection libraries can’t do. For example, you can scan a txlist to a particular LCB, and then “corner” onto the waitq that goes through that LCB, and scan down that LL.
Need for a type information struct
Because of the needed offset calculations, there is an additional initialization step needed to use EDTs. Here is the code from lm.c to make the waitqs. First we call on maketype_ll2 to set up lm.waitqtype, the type information struct which holds the offset of waitqs in the LCB struct. maketype_ll2 is actually a macro, not a function, to allow passage of type information, here the type LCB and its member name waitqinfo. Then lm.waitqtype, the type information struct, is passed back to make_ll2, along with a pointer to a LL-header spot, which gets filled in by make_ll2, itself a function. We end up with a waitq LL for each did, ready for inserts, etc.
maketype_ll2(LCB,waitqinfo,&lm.waitqtype);
/* loop thru HDR arrays, initializing them */
for (i=0; i<MAXDIDS; i++) {
make_ll2(&lm.waitqtype, &lm.didHDR[i].waitqhdr);
}
Data Structure Layout
To set up a particular type of LL, we need to work with
· one type information struct
· multiple header structs, one for each LL of that type
· a struct inside each app element struct, for the next pointer.
For LL2 LLs, doubly-linked LLs, these LL2 structs are typedef’d in ll2.h as:
· LL2type
· LL2
· LL2info, inside say MyLLElementStruct
(Then to *use* the resulting LL, we need a "handle", of type LL2hand)
A minimal example is a LL of ints (set up only):
#include “edt.h”
#include “ll2.h”
/* set up an element struct with an LL2info struct inside it */
typedef struct myelement {
LL2info myinfo; /* put the “info” struct(s) first in the element */
int x;
} MyElement;
int main()
{
LL2type mytype; /* type information struct */
LL2 myLL; /* LL header struct */
maketype_ll2(MyElement, myinfo, &mytype); /* fill in mytype */
make_ll2(&mytype, &myLL); /* fill in myLL */
/* now ready to insert an int-holding element into myLL */
}
Working with LLs, once they are set up
A basic idea of LLs is that of position in the LL. In Java, we use a Iterator to hold the current position in a LL. Here, the “handle” has the same purpose. However, some details are different.
Each sequence of N elements has N+2 positions: BOL (beginning-of-LL, before any elements), positions at each element, and EOL (end-of-LL, after all elements.) The position at the first element is called HOL, for head-of-LL.
first_element ... last_element
^ ^^^ ^ ^
BOL HOL EOL
Thus in particular, an empty LL has 2 positions, BOL and EOL.
(This is different from a Java-library Iterator, which has N+1 positions for N elements: before-first, between first and second, between second and third, ..., after-last. An empty Java LinkedList has only one Iterator position, both before and after all its elements.)
Scans of sequences
To do a scan of a sequence, initialize a handle at BOL and then do a loop of next’s until next returns NULL. For example, with LL1
inithandle_ll1(&ll_hdr, BOL, &ll_hand);
while (p = next_ll1(&ll_hand)) { ... }
Each value of p will be a pointer to the element inside the LL. No element copying occurs here. This is similar to the Java Collections treatment of LinkList iteration, where object references are provided to objects within the collection.
Inserts in sequences
There are N+1 possible spots in which to insert a new element in a sequence. If a handle is positioned at a certain element, an insert using it as current will put the new element in the position before the current element. To insert an element at the end of a sequence, either set up a handle positioned at EOL and then insert at the current position, or specify EOL in the insert itself:
inithandle_ll1(&ll_hdr, EOL, &LL_hand);
insert(&LL_hand, &elt, CURR);
or (EOL in insert overrides BOL of handle)
inithandle_ll1(&ll_hdr, BOL, &LL_hand);
insert(&LL_hand, &elt, EOL);
Note that insert doesn’t copy the element, but instead, like Java Collections, it copies the element pointer, a lightweight action. This means that you have to be careful about creating the elements appropriately. A second element has to reside in different memory from an old first element already in the LL.
Deletes in sequences
There are N possible spots for deletion, one for each element. The element to be deleted is the one selected by the handle, or in the delete itself (HOL specified in the delete call overrides the position of the handle.) Just as the insert only copies in a pointer, the delete just copies out the pointer, leaving the job of element memory deallocation to the caller. Note that if an element is on more than one LL, it shouldn’t be destroyed until it is deleted from all its LLs. Keeping track of this is up to the application.
Getting C to calculate struct offsets.
Consider the simple struct
struct point {
int x, y, z;
} pt;
Then &pt points to the whole struct, and so does &pt.x (this is guaranteed in C), while &pt.y points to the y member inside pt and &pt.z points to the z member. We can subtract pointers of the same type, so for example &pt.y - &pt.x is 1 and &pt.z - &pt.x is 2, since the types are pointer-to-int. This is saying that there is one int spot between &pt.x and &pt.y, for example. To get the distances in bytes, we could cast to char * before subtracting, e.g., (char *)&p.y - (char *)&p.x = 4 on platforms like ours where sizeof(int) = 4.
| ESSENTIALAI-STEM |
1978 Gator Bowl
The 1978 Gator Bowl was a college football bowl game played between the Ohio State Buckeyes and Clemson Tigers on December 29, 1978. Clemson won the contest, 17–15. The game is most remembered for an incident in which longtime Ohio State head coach Woody Hayes punched a Clemson player after a play late in the fourth quarter with two minutes remaining, leading to Hayes being fired the next day.
Woody Hayes incident
With just over two minutes left in the game, Ohio State had the ball on the Clemson 24, trailing 17–15. Ohio State quarterback Art Schlichter threw a short pass that was intercepted by Clemson nose guard Charlie Bauman. Bauman avoided several tackles and was finally shoved out of bounds on the Ohio State sideline. After Bauman got up, Ohio State coach Woody Hayes grabbed his jersey, punched him in the throat, and had to be restrained from hitting him again. Bauman was unaffected by Hayes' attack, but the incident sparked a brief but intense bench-clearing fight between players of both teams.
Ohio State was penalized for unsportsmanlike conduct, but the referee could not explain the penalty to the crowd in the stadium or the television audience because they did not have microphones at the time, and ABC Sports television announcer Keith Jackson had not seen the punch right away. Hayes stormed onto the field and pulled on an official's shirt a few plays later, drawing another penalty for his team. Meanwhile, Clemson was able to run out the clock and preserve the 17–15 victory.
After it became clear that Hayes had punched an opposing player, Ohio State director Hugh Hindman fired Hayes the next morning, ending his 28-season tenure as the Buckeyes head coach.
Future rematches
Ohio State and Clemson would meet again in the 2014 Orange Bowl, the semifinal for the College Football Playoff in the 2016 Fiesta Bowl, and the 2019 Fiesta Bowl, with Clemson winning each time. Ohio State and Clemson met once again in the semifinal for the College Football Playoff in the 2021 Sugar Bowl, won by Ohio State, 49–28. | WIKI |
Schaeffler Profitability May Slip This Year on Energy, Raw-Material Costs
Schaeffler Group , the world’s
second-biggest maker of roller bearings, said its profit margin
may shrink this year as higher prices for energy, steel and
aluminum drive up costs. Earnings before interest and tax will be “above 13 percent”
of revenue after reaching 16 percent in 2010, Herzogenaurach,
Germany-based Schaeffler said in a statement today. Oil prices have jumped 23 percent since Feb. 15, when anti-
government protests began in Libya , Africa ’s third-biggest crude
producer. Steel costs will also be a “headwind” for carmakers,
Daimler AG Chief Executive Officer Dieter Zetsche said March 1. “We need about 1 million tons of steel every year, so it’s
an important budget item,” Chief Executive Officer Juergen Geissinger told reporters in Frankfurt, adding that the company
is using forward contracts to limit the impact of price swings. Schaeffler had net income of 63 million euros in 2010
compared with a 1.2 billion-euro loss a year earlier. Sales will
probably increase by 8 to 10 percent in 2011 from 9.5 billion
euros ($13.4 billion) as demand for cars and light vehicles
surges in the Asia-Pacific and North America , the company said. “This is no one-off success as we’ve been growing more
than the market for years now,” Geissinger said. “Expansion in
growth markets is bound to strengthen our potential.” Asian Expansion Schaeffler’s market share in Asia will increase to about 33
percent in coming years from 22 percent in 2010, it said, with
reliance on Europe declining as it builds new plants or expands
output at five sites in China and three in India through 2013. Full-year earnings at the closely held company were trimmed
by 396 million euros after it didn’t participate in a January
2010 share sale at Continental AG (CON) , of which it’s the controlling
shareholder. Schaeffler, which also makes engine parts, clutches and
transmission systems, plans to add about 8,000 employees this
year to satisfy demand as car sales pick up and machine
manufacturers increase orders. There is “no schedule” for a merger with Europe ’s second-
biggest tiremaker, Geissinger said today. The long-term aim
remains a “strategic partnership” with Continental, and what
shape that will take is a “secondary” concern, according to
Schaeffler’s annual report, published today. Current cooperation
includes the development and manufacturing of turbochargers
which are scheduled for production later this year. Stake Sale Schaeffler yesterday sold 1.8 billion euros of Continental
shares held for the company by two German banks, reducing the
holding it controls to 60.3 percent from 75.1 percent. That helped cut debt at Schaeffler’s holding company, owned
by Maria-Elisabeth Schaeffler and her son Georg, by 38 percent
to 4.6 billion euros. The figure was also reduced as cash was
transferred from the operating business, pushing up debt there
to about 7 billion euros at the end of March, giving total
liabilities of 11.6 billion euros. The share sale will reduce the interest rate payable by the
holding company from as much as 17 percent to under 10 percent. Schaeffler, which was founded in 1946, also said yesterday
that it plans to convert to a joint-stock company this year. The
company is opening to capital markets to facilitate refinancing.
It also strengthened worker representation with the creation of
a supervisory board in 2010. An initial public offering isn’t planned, Chief Financial
Officer Klaus Rosenfeld said today. To contact the reporter on this story:
Cornelius Rahn in Frankfurt at
crahn2@bloomberg.net To contact the editor responsible for this story:
Chad Thomas in Berlin at
cthomas16@bloomberg.net | NEWS-MULTISOURCE |
Brinker International stock jumps on earnings beat
Shares of Brinker International Inc. gained 4.5% in premarket trading after the restaurant operator reported fiscal second-quarter revenue below consensus estimates but also delivered earnings that exceeded analysts' expectations by a wide margin. The company, which owns Chili's and Maggiano's, said revenue for the quarter was $766.4 million, down 0.6% from a year ago and below analysts' expectations for $773.8 million. Net income fell to $25.4 million,or 54 cents a share, from $34.6 million, or 69 cents a share, in the same period a year ago. Excluding non-recurring items, adjusted earnings per share came to 87 cents, beating the FactSet consensus of 72 cents. Comparable-store sales dropped 1.5% at company-owned Chili's locations and 1.7% at franchised ones, while comparable-store sales at Maggiano's grew 1.8% during the quarter. "Brinker saw performance improve across the business during the second quarter, especially related to our initiatives to change traffic trends at Chili's," CEO Wyman Roberts said in a release. Brinker noted that GAAP net income was hit by $3.9 million, or 8 cents a share, due to the new tax law and, accordingly, the "revaluation of the company's net deferred tax assets." Brinker shares are down 17% over the past 12 months, with the S&P 500 up 25% in that time. | NEWS-MULTISOURCE |
Talk:Scheels
Fair use rationale for Image:Scheels logo.png
Image:Scheels logo.png is being used on this article. I notice the image page specifies that the image is being used under fair use but there is no explanation or rationale as to why its use in this Wikipedia article constitutes fair use. In addition to the boilerplate fair use template, you must also write out on the image description page a specific explanation or rationale for why using this image in each article is consistent with fair use.
BetacommandBot 10:21, 29 September 2007 (UTC)
* I have updated the fair use rationale for the image being used in conjunction with the Scheels article. Thank you for pointing this out and including links to relevant Wikipedia guidelines on these matters.
* Mike Templeton 17:50, 26 October 2009 (UTC)
POV issues
Hello, User:Scheelsmkt has greatly expanded this article but I think the edits have compromised its neutrality. Compare the before and after of the person's edits here. I don't think Scheels should be described so glowing terms. I also think the history is much too detailed and that readers don't need to know the opening, expansion, and closure of each store in the retail chain. Loves Macs (talk) 20:31, 1 September 2009 (UTC)
* The neutrality of this article has been updated to better reflect the guidelines set forth by Wikipedia. Please consider reviewing the content and removing the flag on this article.
* Mike Templeton 16:16, 28 October 2009 (UTC)
$1 Million donation to University of North Dakota
Source (University of North Dakota) Should this be included in the main article? <IP_ADDRESS> (talk) 15:30, 9 September 2013 (UTC)
Sparks Nevada location?
There is no mention of the Sparks, NV location. Av555av (talk) 09:35, 8 June 2023 (UTC) | WIKI |
User:Edlilli/R.E. Blakeslee
Ronald Edward Blakeslee (born July 18, 1971), who writes under the pen name, [R.E. Blakeslee], is an American author, the creator of Origination and the superhero, Betylos, the idea for which was conceived at a hair salon on May 6, 2006. Currently he is the Editor-in Chief of [Lillibridge Press].
Background
Blakeslee was born to Albert Stanley Blakeslee and MaryEllen Lett, on July 18, 1971 in Olean, New York. R. E. Blakeslee has four sisters and one brother. He graduated from Portville Central High in 1990. Shortly after, Blakeslee moved to Jamestown, New York where he resided until July of 2003 when he moved to Buffalo, New York, where he now lives. | WIKI |
Édouard Commette
Édouard Commette (12 April 1883, in Lyon – 21 April 1967 ) was an organist from Lyon in France of international fame who served the Archdiocese of Lyon and was organist at Basilique Notre Dame de Fourvière for over 50 years.
Place Édouard Commette at the foot of the hill on which the Basilica of Notre-Dame de Fourvière is built is named in his honour. A student of Charles-Marie Widor and Victor Neuville, his recordings were known worldwide, and he was also known as a composer of accessible and tuneful organ music in his own right.
Biography
Born in Lyon in the center of the silk manufacturing district where his father was an exporter, Edouard studied piano at the lycée of Bourg-en-Bresse, after which he returned to Lyon and turned his attention to organ and harmony. A pupil of Charles Marie Widor, in 1900 he made his debut as organist in Lyon at the Church of the Good Shepherd (Église du Bon-Pasteur). Four years later he spent six months at the Church of Saint Polycarpe (Église Saint-Polycarpe), which was renowned in Lyon for its pipe organ.
He took up his post at Lyon Cathedral in 1904 and was a professor at the Conservatoire de Lyon. Among his students were Pierre-Octave Ferroud and Adrien Rougier. Called "the best French organist" by the well-known music critic Émile Vuillermoz, Commette earned similar tributes from his students and listeners from all parts of the world and is responsible for some of the earliest organ recordings. As writer David Bridgeman-Sutton notes, "These – 78s, of course – were intended for a local market: their world-wide success amazed the modest M. Commette."
Critical reception
A critic from the now-defunct site Gramophone once opined, "Edouard Commette is a notable performer of the old school. He does not keep as steady a beat as I would like in the B minor and D minor Fugues, and not everyone will approve of his tendency to slow up slightly in order to point a fugal entry... I find M. Commette's rubato convincing enough in the non-fugal movements, and he gives a noble account of the B minor and Dorian preludes."
Compositions
* Pieces (6) for Organ: Offertoire sur des noëls; Fughetta; Allegretto; Adoration; Aspiration religieuse; Scherzo (Bornemann, 1914)
* 14 pièces brèves pour orgue (Durand, 1926)
* Deux méditations pour orgue (Hérelle, 1947)
* Sur le lac
* Toccata in G
Known recordings
Léon Boëllmann : Menuet et Toccata de la Suite gothique Eugène Gigout : Toccata Gabriel Pierné : Prélude Felix Mendelssohn : Allegro Molto de la 6° Sonate J. S. Bach : Pièces BWV 543, 625, 614 Louis Vierne : Carillon de Longpont Louis-Nicolas Clérambault : Caprice sur les grands jeux – Lyon St-Jean – Disque EMI; Columbia, 1929, 1931, 1932, 1938 CD-EMI partiel (491) – Lyon St-Jean – Disque Columbia-FCX 498, 1955 (dq 88)
* J. S. Bach on the Cathedral Organ of Saint Jean De Lyon, France. Angel Records LP, 35368.
* Orgues et organistes français du Xx° siècle (1900–1950) •
* J. S. Bach : BWV 147, 582, 588, 578, 622, Je veux te dire adieu.
– Lyon St-Jean – Disque Columbia-FCX 497, 1955 (dq 85)
* J. S. Bach : BWV 565, 562, 542, 645, 615, Préludes mi, ut, la min.
– Lyon St-Jean – Disque Columbia, 1956 (dq 92)
* J. S. Bach : BWV 539, 537, 532, Chorals 605, 625, 637, 638, 727.
– Lyon St-Jean – Disque Columbia, 1957 (dq 103)
* J. S. Bach : BWV 534, 536, 546, 542, 533, 543, Chorals 614, 629.
– Lyon St-Jean – Disque Columbia, 1958 (dq 113) (42)
* J. S. Bach : BWV 553, 554, 555, 556, 557, 558, 559, 560, 531, 547.
– Lyon St-Jean – Disque Columbia, 1961 (68)
* J. S. Bach : BWV 538, 566, 535, 544.
– Lyon St-Jean – Disque Columbia, 1962 (77)
* J. S. Bach : BWV 646, 651, 658, 661, 667, 669, 670, 671, 680, 734, 737.
– Lyon St-Jean – Disque Columbia-FCX 496, 1955 (dq 88)
* César Franck : 3 Chorals, Pièce héroïque.
– Transcriptions de E. Commette. – Lyon St-Jean – Disque Columbia-ESBF 176, 1957
* Felix Mendelssohn : Marche nuptiale. Richard Wagner : Marche de Tannhauser. | WIKI |
User:BobAllen1357/Diagnostic and Statistical Manual of Mental Disorders
Article Draft
The DSM-I centers around three classes of symptoms: psychotic, neurotic, and behavioral. Within each class of mental disorder, classifying information is provided to differentiate conditions with similar symptoms. Under each broad class of disorder (e.g. “Psychoneurotic Disorders” or “Personality Disorders”), all possible diagnoses are listed, generally from least to most severe. The 1952 DSM version also includes sections detailing how to record patients’ disorders along with their demographic details. The form includes information like a patient's area of residence, admission status, discharge date/condition, and severity of disorder. See Figure 1. for the form that psychiatrists were asked to utilize for recording preliminary diagnostic information. | WIKI |
Industrial Mutual Association
The Industrial Mutual Association of Flint (commonly known as the Industrial Mutual Association or by its abbreviation IMA) was a 501(c)(4) nonprofit organization whose focus was to benefit the workers and families of workers of General Motors.
History
The Industrial Mutual Association was formed on September 22, 1922, with the merger of the Flint Vehicle Factories Mutual Benefit Association and the Industrial Fellowship League.
The organization reported to the Internal Revenue Service with its 2008 Form 990 that it had discontinued its operations. On January 1, 2019, the organization transferred its remaining assets, worth US$2,610,679 at the time, to the IMA Recreation Association.
Flint Vehicle Factories Mutual Benefit Association
The Flint Vehicle Factories Mutual Benefit Association (originally known as the Flint Vehicle Factory Mutual Benefit Association and sometimes referred to as the Flint Vehicle Factories Mutual Association) was founded by Josiah Dallas Dort to provide insurance for workers of General Motors automobile factories.
Industrial Fellowship League
The Industrial Fellowship League was formed within the YMCA by Charles Stewart Mott to provide recreational and educational activities to workers of automobile factories.
Activities
The Industrial Mutual Association provided services and activities meant to benefit the workers and families of workers of General Motors.
In 1929, it built the Industrial Mutual Association Auditorium on the former site of the Randall Lumber and Coal Company, and the previous site of the Crapo Sawmill, for US$1,200,000 1929. Its final major event was a Peter Frampton concert held on June 1, 1979. The auditorium was sold to the Mott Foundation for US$2,400,000 1979 and was incorporated into the AutoWorld theme park, which opened in July 1984 and closed in 1994. The building was imploded in February 1997.
In 1969, the association built the IMA Sports Arena (today known as the Dort Financial Center) for US$10,000,000 1969. It sold the arena to the city of Flint in 1980.
At the time of their dissolution, the organization's activities included providing recreational activities to workers of General Motors, such as golf, softball, hockey, basketball, chess, quilting, soccer, karate, and theatre. They also provided food services at recreation facilities including concessions and catering services. | WIKI |
Page:United States Statutes at Large Volume 26.djvu/29
XXX LIST OF PRIVATE ACTS AND RESOLUTIONS. Page., Sarah D._Duke. An act for the relief of Sarah D. Duke. June 20, 1890 ... . ... 1184 Theodore J Shamlal. An act for the relief of Theodore J. Sbandal. June 20, 1890 1185 William A. Benge. An act for the relief of William A. Benge. June 20, 1890 .. . .. 1185 Asher Post. An act for the relief of Asher Post. June 20, 1890 ... 118§ Thomas Ward. An act increasing the pension of Thomas Ward. June 20, 1890 .. . 1 180 Sarah An act increasing the pension of Sarah Dabney, a. Revolutionary pensioner. . June, 1890 .. 1185 Eliza Riéhardszm. An act to grant a. pension to Eliza Richardson. June 20, 1890 ... .. 1186 Belinda Lloyd. An act to restore the name of Belinda Lloyd to the p€IlS10I1—l'0l1 and psy her a. pension. June 20, 1890. . .. 1186 Eliza J Drake. An act granting u pension to Mrs. Eliza. J. Drake. June 21, 1890 1186 Sarah Cuthbert. An act granting a. pension 120 Sarah Cuthbert. June 21, 1890 .. .. 1186 Maw Murphy. An act gmniung apmsion to Mary Murphy. June 21, 1890 ... 1186 Sarah Mcader. A11 act granting a. pension to Sarah Meader. June 21, 1890 ... 1187 Susanna Mitts. A11 act granting a pension to Susanna Mitts. June 21, 1890 .. 1187 William V. Crank. An act granting a pension to William V. Cronk. June 21, 1890 .. 1187 Anna Haaratick. A11 awt granting a. pension to Anna Hanrstick. June 21, 1890 ... 1187 Mary Personeus. An act granting a pension to Mary Personeus. June 21, 1890 ... 1187 Thomas E Robinson. An act granting a pension to Thomas F. Robinson. June 21, 1890. 1188 Seth M Walter. An act granting a pension to Seth M. Walter. June 21, 1890. z .. 1188 Samuel Sterling. A11 act granting a pension to S8lIll1€18128I].l.!I§ June 21, 1890 .. 1188 James M. McKinney. An act granting a pension to James M. cKinney. June 21, 1890 .. 1188 David Doty. An act granting a pension to David Doty. June 21, 1890 ... 1198- Eliza .L Glass. A11 act granting a. pension to Eliza J. Glass. June 21. 1890 . . 1189 Elizabeth A. Jones. An act granting a pension to Elizabeth A. Jones. June 21, 1890 1189 Dolly Blazer. An act granting a pension to Dolly Blazer. June 21, 1890. 1189 Maria Salle:. An act granting a. pension to Mana Solles. J1me 21, 1890 .. 1189 Angelina Silver. An act granting a. Fensiouto Axglina Silver. June 21, 1890 ... 1189 thhanna Eckle. An act for the relie of Johanna kle. June 21, 1890 .. . ... 1190 WT P. Alexander. An act for the relief of W. P. Alexander. June 21, 1890 .. 1190 Thomas .L Cassidy. An act granting a pension to Thomas J. Cassidy. June 21, 1810. 1190 James H Fleming. A11 act granting u pension to James H. F1emin§ June 21, 1890 .. 1190 Barbara Madrlen. A11 act to grant a pension to Barbara Madden. une 21, 1890. 1190 Ellen Shea. An act granting a pension to Ellen Shea. June 21, 1890. 1191 James McC2¢sker. An act grauting a pension to James MOC08h6T. June 21, 1890. 1191 Muiria Clark. An act granting a pension to Mrs. Maria. Clark. June 21, 1890 1191 Elizabeth Burresa. An act granting a. pension to Mrs. Elizabeth Burress. June 21, 1890 .. 1191 Susan M Gardner. A11 act granting a pension to Susan M. Gardner. June 21, 1890. . 1191 17‘m·n.ccs .L Elgar. A11 act granting a pension to Frances J. Elgar. June 21, 1890 .. . . 1192 Sarah Devine. -A.n act granting a. pension to Sarah Devine, mother of Jesse Chapman. June 21. 1890 ... 1192 Anastasia McGréevy. A11 act granting a pension to Anastasia McGrievy. June 21, 1890 .. 1192 Mum A. Selbach. An act granting a pension to Mary A. Selbach. June 21, 1890. 1192 Susannah D. Clark. An act granting a pemion to Mrs. Susannah D. Clark. June 21, 1890. . . 1192 Martha .lIc17u·ain. An act granting a. pension to Martha McIlwain. June 21, 1890 ... 1193 Jmry Shumzmy. An act granting a pension to Mrs. Mary Shnmway. June 21, 1890 .. 1193 Sarah C. McC'amly. An act granting a pension to Sarah C. McCain1y. June 21, 1890 1193 Eugenia A. Helstmz. An act granting a pension to Eugenia A. Helston. June 21, 1890 ... 1193 Elizabeth Bennett. An act; granting a pension to Elizabeth Bennett. June 21, 1890 .. 1193 John S. Lvzier. An act granting a. pension to John S. Lozier. June 21, 1890. 1194 Hizrriet JIc·Mmm. An act granting a pension to Mrs. Harriet Mclllann. June 21, 1890. . . . 119-1 Learn- Jlnmv. An act granting a pension to Isaac Moore. June 21. 1890 .. 1194 Elisha L. Elrmz. An awt granting a pension to Elisha L. Elaui. June 21, 1890 ... 1194 I—Iem·y S/um];/", An act granting an pension to Henry Stumpf. June 21, 1890 . 1194 ( 'luru Frey. An art granting a pension to Clara Frey. June 21. 1890 .,.. 1195 .h)lm H. .1h·L¢1ughliu. An net granting a pension to John H. McLaughlin. June 21, 1890 . 1195 Jluriq G. Caley. An act granting a pension to Mary G. ('aley. June 21, 1890, ...A... . 1195 Pau ine JL Bench. An act granting a pension to Pauline M. Beach. June 21. 1890. . . . 1195 ll'urm>r M. Ellis, An awt granting an pension to \\'arner L1. Ellis. June 21, 1890 .. 1195 Era T. Blake. An act granting a pension to Eva T. Blake. June 21, 1890 1196 Elijah Kilduy. An art granting a pension to Elijah Kilday. June 21, 1890 ... 1196 Oliw Pmlyrff. An act for the relief of Mm. Olive Padgett. June 21, 1890 .. . ..,... 1196 Elizabeth Earp. An act for the relief of Elizabeth Earp. June 21. 1890 .. . ...,... 1196 Enwlinv Bmw. An act for the relief of Enieline Beam. mother of Isaac XV. Beam. June 21, 1890. 1196 Evlwrzrrl Huyiuw. An act for the relief of Edward Haynes. June 21. 1890 .. . .. 1197 Ellen Bvulrlalcy. An act for the relief of Ellen Baddeley. June 21. 1890 . . . .. .. 1197 Leulutl llengzlvy. An act for the relief of Isabel Hensley. June 21. 1890 .,,... . . 1197 I ioraun Lascherrsltjq. All act restoring to the pension-roll the name of Florian Liscliewsky. June 21.1890. . .. . . . 1197 in-nb E. Gmuly. An act to grant a pension to Jacob E. Goudy. June 21. 1890 .. . 1197 Ellzubs-th Z'. Garrett. An act to grant a pension to Elizabeth T. Garrett. June 21, 1890 ... 1198 Lydia G. (.'rn·m>s. An act for the relief of Lydia G. Carnes. June 24. 1890. . .. 1198 Hur·i·i=·:on T ryrm, An act for the relief of Harrison Tryon. June 24. 1890 .,... 1198 Surrrh JL ll'ilIiams. An act for the relief of Sarah M. \Villiams. June 24. 1890 .. . 1198 Elizabeth Cheeamun. An act granting a pension to Elizabeth Cheemnan. June 24, 1690 ... 1198} | WIKI |
%0 DATA %A Antonis, Koussounadis %A Simon, Langdon %A Inhwa, Um %A Charlene, Kay %A Kyle, Francis %A David, Harrison %A V., Smith %D 2016 %T Additional file 2: of Dynamic modulation of phosphoprotein expression in ovarian cancer xenograft models %U https://springernature.figshare.com/articles/Additional_file_2_of_Dynamic_modulation_of_phosphoprotein_expression_in_ovarian_cancer_xenograft_models/4353803 %R 10.6084/m9.figshare.c.3608096_D3.v1 %2 https://ndownloader.figshare.com/files/7079861 %K Ovarian cancer %K Carboplatin %K Paclitaxel %K Xenograft %K Prognosis %K Phosphoproteins %X Assessment of biological replicate concordance. Number of replicates for all tested conditions (xenograft/treatment/day) is shown. Correlation coefficients were calculated for all possible pairs of biological replicates and averaged (mean replicate r) using expression values from all detected proteins within each condition. (XLSX 42 kb) | ESSENTIALAI-STEM |
McCabe's lawyers try to knock down idea of feud with Comey
As President Donald Trump stokes tension between the FBI's former No. 1 and No. 2, the counsel for fired FBI Deputy Director Andrew McCabe on Friday sought to tamp down any hint of a rift with ex-bureau director James Comey. But McCabe's camp isn't wavering from its response to an explosive Department of Justice inspector general's report that has prompted a criminal referral against him for allegedly lying under oath — a response that rests in part on claims that Comey's memory of the underlying incidents is shaky. McCabe counsel Michael Bromwich said Friday that the DOJ and FBI this week barred him from sharing previously unreleased interview transcripts, including some from Comey, that help make that case. Bromwich told reporters that he has assembled an 11-page rebuttal to the inspector general's report "that goes through every allegation and rebuts it, and we have not been allowed to share that with you." The report by the DOJ's independent internal watchdog alleges that McCabe misled investigators as well as Comey about his role in media disclosures about investigations touching on Hillary Clinton in the days before the 2016 election. Comey has publicly aligned with the findings of the IG report during media appearances to promote his new book, telling CNN that "I like [McCabe] very much as a person, but sometimes even good people do things they shouldn't do." Trump, who has long harshly targeted both Comey and McCabe, cheered the appearance of a schism between the two men on Thursday, tweeting that Comey "just threw Andrew McCabe 'under the bus'" and that the IG report "is a disaster for both of them!" McCabe's counsel, however, underscored his lack of interest in stoking any such conflict. "Andy McCabe looked up to Jim Comey," Bromwich said Friday. "We are not for a moment suggesting that Jim Comey is making things up or lying about Andrew McCabe — nothing could be further from truth — but nobody’s memory is perfect." The DOJ and FBI's decision to prohibit McCabe's legal team from sharing transcripts of witness interviews regarding the circumstances behind the IG report stems from a non-disclosure agreement that limits release of FBI-derived materials, according to Bromwich. The FBI's press office referred a question on the scope of any nondisclosure pact to the inspector general's office, which did not return a request for comment by press time. Bromwich, himself a former DOJ IG, released an email he sent to Scott Schools, the top-ranked career official at DOJ who advised Attorney General Jeff Sessions on the ultimate recommendation to fire McCabe. The email, sent hours before McCabe's firing on March 16 with less than two days to go before his scheduled retirement, asserts that any finding of untruthfulness stems from "misunderstanding, miscommunication, and honest failures of recollection based on the swirl of events around him." McCabe "had no motive to lie or mislead about media contacts he had the authority to direct," Bromwich wrote, adding that "several of the charges rest on the flawed and equivocal testimony of former Director Comey." Bromwich also announced Friday that McCabe has formally created a legal defense fund to help defray the costs of multiple congressional inquiries into the IG report and other FBI-related matters, as well as the outcome of the criminal referral made by the IG's office and potential civil claims McCabe might bring related to his firing. Working with the firm Boies Schiller, Bromwich said, the McCabe legal team is evaluating the potential for wrongful termination and defamation cases as well as "various kinds of constitutional due process claims." The 50-year-old former FBI deputy director shut down an online fundraising page to help support his legal efforts earlier this month after donors sent in more than $530,000, far exceeding the effort's initial goals. | NEWS-MULTISOURCE |
Proxy For Anonymous Browsing
De Wiki DelPozo
Ir para: navegação, pesquisa
You have probably already arrive at the specific situation in places you desired to visit some website however, not out of your computer. A lot of the reason why you desire to investigate internet anonymously. The reason is always to hide your Ip. If you visit some website you provide a lots of information regarding you and your computer compared to that website. From the Internet protocol address you are able to determine not simply your country and also more precise location. Although not an easy task to connect the Internet protocol address with human being, idea hardly planned to expose where you are or properties of your respective browser.
There exists a quite simple way of preventing exposing the information you have on the destination page. You may use a free proxy list to bypass your direct reference to any website. It is a service that acts as medium difficulty computer which accepts your online addresses and returns requested web pages. And so the target website sees the proxy computer and never your pc or maybe your browser. In this way you aren't accessing web sites directly as well as your Internet protocol address as well as other details are not confronted with the world only to one computer. The only real problem with browsing this way is the communication might be a bit slower due to additional "element" involving the computer and server. This additional element is often a computer which downloads pages and sends these to your browser. But this could be the only price you will need to purchase anonymity.
There are several free proxy services. Just Google for "free proxy" and you'll find many websites offering a reverse phone lookup for free. Browsing continues to be easy enough. Instead of entering the wanted website address in the address bar from the browser you enter it into address field with the proxy page and press enter or select the "go" button. This site will download web page and send it on your browser. You will definately get exactly the same content when you would make do browsing directly. It's not true if your server returns data in accordance with the visitor's country. Such case you will likely find some good local content. Whenever you read through proxy you access the target website using the Internet protocol address with the proxy website which might be hosted within a different country.
Proxy servers or websites offer some additional functions for only better protection. One of these allows you to prevent storing cookies. Cookies are a handful of data that is certainly stored on your desktop when you visit certain pages. The next protection function would be to remove JavaScript code. This code runs inside your browser in the event the page loads. It is possible to enable or disable these alternatives on precisely the same page in places you enter the target address.
Typically you can browse directly as there is no requirement to hide yourself. However in some cases it is better to browse anonymously instead of reveal your true identity. You can even use proxy websites to gain access to your site off their countries to be able to find out if right ads with the country are displayed. It is your responsibility to decide when you should browse by doing this. Anyway, proxies enable us to effectively secret meeting place location and data. | ESSENTIALAI-STEM |
Han Cha-kyo
Han Cha-kyo (20 July 1934 – 1996) was a South Korean master of taekwondo, and one of the twelve original masters of taekwondo of the Korea Taekwon-Do Association. He held the rank of 9th dan in taekwondo. Following a career in the South Korean military, he emigrated to the United States of America in 1971 with his wife and newborn daughter Nancy Han. He later had another daughter, Catherine Han. After teaching taekwondo for many years in Chicago, he died in 1996.
Early life
Han was born on 20 July 1934 in Seoul, Korea, during the period of Japanese occupation. He trained under three martial art masters: Nam Tae Hi, Duk Sung Son, and Woon Kyu Um. From 1950 to 1959, Han served as a martial art instructor in the Korean military forces. Through the 1960s, his career continued with both military assignments and leadership of demonstration teams overseas. In 1965, Han was ranked 6th dan.
United States
In 1971, Han emigrated to the United States of America and settled in Chicago. Together with his brother Han Min Kyo, himself a 9th dan, he developed the Han method and obtained patents for his exercises. He founded the Universal Tae Kwon Do Federation around 1980. He had a wife and two daughters who were both trained in Tae Kwon Do by their father. Han died in 1996.
Han appears on Chang Keun Choi's list of taekwondo pioneers. | WIKI |
Page:The American Cyclopædia (1879) Volume XIII.djvu/521
PIGEON 505 called from its faculty of inflating the oesopha- gus to an extent sometimes equal to the size of the body ; this inflation subjects the bird to many inconveniences, diseases, and fatal acci- dents, and hence, though of handsome plu- mage, it is not much esteemed by fanciers; Ring Pigeon (Columba palumbus). it is also unproductive ; the prevailing color is reddish brown. The tumbler is so called from its habit of rolling over and over in the air before alighting. The Turkish pigeon, of the same race as the carrier, is large, with a bill tuberculated at the base, and the eyes widely surrounded by naked red skin. The cushat or ring pigeon (G. palumbus, Linn.) is wide- ly distributed over Europe and northern Asia and Africa, even where the winters are se- vere ; it is an arboreal species, perching, roost- ing, and nesting upon trees, keeping a vigilant watch in the daytime ; the eggs are two, white, and hatched out in 17 or 20 days ; two broods are raised in a year. It is a large species, measuring 16 or 17 in. in length ; the sides of the neck are glossed with green, bound- ed by a patch of white which nearly meets behind, forming a half collar ; the breast and abdomen purplish red, with the outer ridge of the wing and some of the greater coverts white. The wood pigeon (G. anas, Linn.) is smaller and of more limited distribution, found principally in well wooded districts, migrating to the south in winter; its habits resemble those of the ring pigeon; it is about 14 in. long, with an alar extent of 26 in. ; the general color is bluish gray, with the sides of the neck golden green, the fore neck and breast pale vinous, and the outer web of the secondaries and some of their coverts with a spot of black, not forming bars as in the rock pigeon. Neither of the last two species has been domesticated, and neither will breed with the rock pigeon, nor with their own species in captivity. There are several wild species of columba, in the Uni- ted States, as the band-tailed pigeon (G. fasci- ata, Say), about 15 in. in length, found from the Rocky mountains to the Pacific, and as far south as Mexico ; the red-billed pigeon (G. flamrostris, Wagl.), of the lower Rio Grande, 14 in. long and 22 in. in alar extent ; and the white-headed pigeon {G. leucocephala, Linn.), a little smaller, inhabiting the Indian and oth- er southern Florida keys and the West Indies. The passenger pigeon (ectopistes migratoria, Swains.) has been described under that title. In the genus carpophaga (Selby), embracing the fruit pigeons, the bill has a large and prom- inent soft basal portion, beneath which the nostrils are situated; the second, third, and fourth quills nearly equal and longest; tail lengthened and generally rounded ; tarsi very short, and clothed with down below the knee. There are about 30 species, found in the for- ests of India, Australia, and the islands of the Indian and Pacific oceans ; they live on the branches of the highest trees, feeding on fruits and berries ; their colors are green, yel- low, and purple, with bronzed and metallic reflections. One of the handsomest of this beautiful group is the nutmeg pigeon {G. cenea, Selby), about 18 in. long, inhabiting India and its archipelago ; the general color is a fine pale bluish gray, with golden green back, wings, and tail, and deep chestnut under tail coverts. In this and the allied species the metallic lustre of the plumage changes with every motion, rivalling the hues of the humming birds. They feed on nutmegs, figs, and in Australia on the top leaves of the cabbage palm ; the nutmegs are swallowed whole, the external envelope or the mace digested, and the hard nut voided not only uninjured but the better prepared for germination in the soil on which it is dropped ; Nutmeg Pigeon (Carpophaga oenea). in this way the nutmeg has been extensively disseminated through the East Indian islands; on this food the flesh becomes very fat and highly flavored. The genera turtur and ana of this subfamily will be noticed under TUE- TLE DOVE. In the subfamily treronince or tree | WIKI |
Talk:List of simulation video games
Only Include Games with Articles
The folks managing this list have determined that this list is only for games with pre-existing Wikipedia articles (i.e., 'Notable' games) and is following the formal selection criteria for lists. Thus, games without articles will be removed, regardless of market size, historical importance, or the inclusion of citations. Additional info on writing articles is at WP:WTAF. Lathe26 (talk) 19:20, 28 February 2022 (UTC)
Switch to table format
This list should be switched to a sortable table format, listing things such as developer, release date, platform, etc. See Chronology of console role-playing games for an example. SharkD 16:46, 26 October 2007 (UTC)
Suggested additions
Anyone else remember the MS Space Simulator? — Preceding unsigned comment added by <IP_ADDRESS> (talk) 00:40, 27 December 2012 (UTC)
"OMSI 2" listed at Redirects for discussion
A discussion is taking place to address the redirect OMSI 2. The discussion will occur at Redirects for discussion/Log/2021 January 31 until a consensus is reached, and readers of this page are welcome to contribute to the discussion. Jovanmilic97 (talk) 09:47, 31 January 2021 (UTC) | WIKI |
User:Dejvos172/sandbox
Airport Hradec Králové LKHK is a public domestic and private international airport located about 3 km (1 mi) from Hradec Králové, Czech Republic in the town of Hradec Králové. The airport is few kilometers for highway to Prague. There are currently no scheduled flights operating to the airport. Sometimes visited by bizjets traffic.
Airport category 2B, Fire category 2. Up to 7 on request 24hrs before. VFR day/night, fuelling: only upon request 24 hours in advance AVGAS 100LL, JET A1
Flying schools operated from this airport: DSA a.s., HELI Czech s.r.o., Lion Helicopters s.r.o. etc.
In the 2010 was visited by Boeing 737-300 of Czech Connect Airlines on the VFR base training.
Web of airport
Project LKHK IFR started (czech language) | WIKI |
Kirkbampton
Kirkbampton is a village and civil parish on the B5307 road in the English county of Cumbria. The parish population taken at the 2011 census was 482. It is near the city of Carlisle. It has a church called St Peter's Church, and a primary school (St. Peters CofE School). The parish includes the villages/hamlets of Kirkbampton, Little Bampton, Oughterby and Studholme.
The parish Church of Kirkbampton is dedicated to St Peter, and is an ancient Norman structure and a Grade I listed building, of typical Cumbrian character. The chancel arch and North doorway, both being original and in situ, are Saxon in style and fix the dimensions of the early Church. Over the North entrance door is a sculptured tympanum. Only five examples of these tympana exist is Cumbria, and the one at Kirkbampton, with its surrounding arch, is probably the most perfect, despite suffering from the weather. It is not now easy to decipher, but appears to be a figure and animals. A Roman stone found in the walls during restoration work in 1870-1871 is now built into the South wall of the chancel. It bears the inscription "VEX,LEG P.F. FEC.", and has probably been brought from the nearby Hadrian's Wall.
Kirkbampton Village Hall
The first village hall in Kirkbampton came about just after the First World War in 1920, when it was decided that a regular meeting place was required in the village. This was Laurel Cottage, and each day a fire was lit, and papers were delivered to the cottage. However, in 1930, it was decided that Laurel Cottage no longer met the needs of the village, and funds were raised to purchase an ex-army building, where the village hall routine continued. The use of this hall was continued throughout the 20th century, until in 1990, when a surveyor concluded that the village hall was dangerous and inadequate for its use.
It was decided by a committee in the summer of 1996 that a new hall was to be built in Kirkbampton, significantly larger than the previous structure, and with increased parking space. This project was named 'Project 2000'. After many more meetings, and the circulation of a questionnaire, the new hall was to be built in the near future. Cumbria Building and Design were chosen for the project, and the land adjacent to the school was purchased from Mr J Graham. A national lottery grant was gratefully received, and work commenced. The development started on Monday 19 February and was completed on 4 October 2001. The hall is still in regular use in 2018 and can be hired for private functions. | WIKI |
Jennifer ROSS, Plaintiff, v. MITSUI FUDOSAN, INC., Newmark & Co., Rockefeller Center Management Corp., Supreme Building Management, Inc. a/k/a Sbm Inc., Roger Mullarkey, Patricia Ray and Jesse Ruben, Defendants.
No. 97 CIV. 0975(PKL).
United States District Court, S.D. New York.
April 22, 1998.
Goddard, Ronan & Dineen, P.C., New York, NY (Joseph P. Dineen, Steven Harras, of counsel), for Plaintiff.
Richards & O’Neil, LLP, New York, NY (Eve I. Klein, Joan Walter, Alyson M. Weiss, of counsel), for Defendants Mitsui Fudosan, Inc. and Rockefeller Center Management Corp.
Kasowitz, Benson, Torres & Friedman LLP, New York, NY (Erie J. Wallach, Jennifer A. Coen, of counsel), for Defendant New-mark & Co.
Rogers & Wells, New York, NY (Mark F. Pomerantz, Warren L. Feldman, David E. McCraw, of counsel), for Defendant Roger Mullarkey.
Akabas & Cohen, New York, NY (Richard B. Cohen, of counsel), for Defendant Patricia Ray.
Ronald P. Fisehetti, New York, NY, for Defendant Jesse Rubens.
OPINION AND ORDER
LEISURE, District Judge.
Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, defendants Mitsui Fudosan, Inc. (“Mitsui”), Rockefeller Center Management Corporation (“RCMC”), New-mark & Company Real Estate Inc. (“New-mark”), Roger Mullarkey, Patricia Ray, and Jesse Rubens seek dismissal of all or part of the claims pending against them in the instant matter. For the reasons stated below, defendants’ motions are granted in part and denied in part.
BACKGROUND
The following facts are taken from the allegations in the Complaint, which the Court must accept as true for the purposes of this motion. Defendant Supreme Building Management, Inc. (“SBM”) hired plaintiff to serve as a concierge at 1251 Avenue of the Americas (the “Building”). Mitsui, through its subsidiary 1251 Americas Associates, owns the Building, and RCMC is the Building’s managing agent. Mitsui employed Mul-larkey at all times relevant to this action, and Newmark, the Building’s leasing agent, employed Rubens. Ray is an officer and agent of SBM and was plaintiffs direct supervisor at the Building.
In approximately May of 1994, SBM, with the consent of Mitsui, RCMC, and Newmark, hired Ross as a concierge at the Building. Mullar-key and Rubens sometimes would make these advances individually, and other times would approach plaintiff together. These advances escalated to physical contact, as Mul-larkey and Rubens would touch plaintiff in manner she found intimate and offensive. Additionally, Mullarkey and Rubens repeatedly made sexually explicit comments and gestures to Ross.
In June of 1996, Mullarkey and Rubens coerced Ross into accompanying them to an apartment, purportedly occupied by Mullar-key’s mother. Once in the apartment, Mul-larkey and Rubens forced Ross against her will to view a pornographic videotape containing graphic depictions of sexual acts. Mullarkey and Rubens refused to stop the tape or to allow Ross to leave the apartment, and demanded that she watch the entire tape.
In late August of 1996, Mullarkey and Rubens again coerced Ross into accompanying them to Mullarkey’s mother’s apartment. Once inside the apartment, Mullarkey and Rubens exposed themselves to plaintiff and Rubens grabbed Ross, pulling her blouse and touching her breasts. Plaintiff struggled and screamed, whereupon Mullarkey and Rubens released her.
Finally, in October, 1996, Rubens directed Ross to join him for lunch at a restaurant near the Building. Shortly after their arrival, and unknown to Ross, Rubens began to masturbate under the table. At his moment of climax, Rubens grabbed Ross’s hand, placed it onto his exposed penis, and ejaculated on Ross’s hand and body, causing Ross to scream. A restaurant hostess demanded that Rubens and Ross leave the restaurant immediately.
Ross subsequently told her mother of the actions of Rubens, but did not mention Mul-larkey. Her mother then telephoned Mullar-key to complain about Rubens’s behavior. Mullarkey confronted Ross and instructed her to tell her mother that Rubens no longer worked at the Building. Ross alleges that Mullarkey indicated that he would fire her, if her mother did not drop the matter.
Ross then complained to Ray, her direct supervisor at the Building, about the behavior of Mullarkey and Rubens, and requested that Ray intercede to prevent any further misconduct. Ray instructed plaintiff to keep quiet about the harassment so that SBM would not lose its contract with the Building.
Laura Castel, Mullarkey’s former secretary, contacted Ross to inform her of Mullar-key’s and Rubens’s propensities for sexual harassment. Castel had filed a lawsuit claiming that Mullarkey sexually harassed her. Ross claims that the events surrounding Castel, coupled with the pervasive nature of Ross’s harassment, should have made Mit-sui and Newmark aware of the conduct of their employees. Ross also claims that Greg Sutherland, the President of Mitsui, was aware of the actions of Mullarkey and Rubens. Additionally, Ross states that SBM, her employer, knew or should have known of the sexually harassing behavior directed toward her at the Building.
Due to the nature and duration of the harassment, and the alleged resulting hostile work environment, Ross left the employ of SBM in November of 1996. She states that she did not quit voluntarily, but that the defendants constructively discharged her. On January 24, 1997, Ross filed a charge of discrimination against the defendants with the Equal Employment Opportunity Commission (EEOC). On February 4, 1997, plaintiff received a notice of right to sue the defendants from the EEOC.
Ross seeks relief based upon a plethora of different legal theories. Several defendants now move the Court to dismiss some or all of the causes of action pending against them. Defendants Mitsui and RCMC seek dismissal of the claims for negligent supervision, vicarious liability, and violations of the New York Human Rights Law (“HRL”) (Fifteenth, Seventeenth, Nineteenth, and Twentieth Causes of Action), as pertains to them. Defendants Newmark, Mullarkey, Rubens, and Ray now move for dismissal of all claims against them.
DISCUSSION
I. STANDARD FOR MOTION TO DISMISS
In deciding a Rule 12(b)(6) motion, a court “must accept the allegations contained in the complaint as true, and draw all reasonable inferences in favor of the non-movant; it should not dismiss the complaint ‘unless it appears beyond a reasonable doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.’” Sheppard v. Beerman, 18 F.3d 147, 150 (2d Cir.1994) (quoting Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80(1957)); see also Kaluczky v. City of White Plains, 57 F.3d 202, 206 (2d Cir.1995). However, the Court does not accept as true conclusory allegations that merely state the general legal conclusions necessary to prevail on the merits and are unsupported by factual averments. See Clapp v. Greene, 743 F.Supp. 273, 276 (S.D.N.Y.1990); see also Albert v. Carovano, 851 F.2d 561, 572 (2d Cir.1988).
Fed.R.Civ.P. 8(a)(2) requires that a complaint contain “a short a concise statement of the claim showing that the pleader is entitled to relief.” “The function of pleadings under the Federal Rules is to give fair notice of the claim asserted. Fair notice is that which will enable the adverse party to answer and prepare for trial, allow the application of res judicata, and identify the nature of the ease so it may be assigned the proper form of trial.” Simmons v. Abruzzo, 49 F.3d 83, 86 (2d Cir.1995) (Kearse, J.) (quoting 2A Moore’s Federal Practice ¶ 8.13, at 8-58 (2d ed.1994)); see also Salahuddin v. Cuomo, 861 F.2d 40, 42 (2d Cir.1988). The requirements of Rule 8(a) are not satisfied merely by “a ‘bare bones statement’ of the legal claim without any supporting facts.” Haber v. Brown, 774 F.Supp. 877, 879 (S.D.N.Y. 1991). “Dismissal, however, is usually reserved for those cases in which the complaint is so confused, ambiguous, vague, or otherwise unintelligible that its true substance, if any, is well disguised.” Salahuddin, 861 F.2d at 43. If a court dismisses a complaint for failure to comply with the requirements of Rule 8, it generally should give plaintiff leave to amend. See Simmons, 49 F.3d at 86-87.
II. INDIVIDUAL LIABILITY UNDER TITLE VII
In the Complaint, Ross alleges that defendants Mullarkey, Rubens, and Ray violated Title VII of the Civil Rights Act of 1964, § 703(a)(1), Title 42, United States Code (“U.S.C.”), Section 2000e-2(a)(1). However, the United States Court of Appeals for the Second Circuit has determined that “an employer’s agent may not be held individually liable under Title VII.” Tomka v. Seiler Corp., 66 F.3d 1295, 1317 (2d Cir.1995).
Faced with this clear statement by the Second Circuit, Ross argues that the Court should permit her the opportunity to conduct discovery to substantiate her assertion that Mullarkey and Rubens were her “employers” for purposes of Title VII. However, plaintiff does not allege in the Complaint that Mullarkey and Rubens were her “employers,” but that they were her “supervisors”. Accordingly, plaintiffs request for discovery on this issue must fail. In Jones v. Capital Cities/ABC Inc., 168 F.R.D. 477 (S.D.N.Y.1996), the plaintiff contended that the Court should permit discovery in order to produce facts sufficient to state a cognizable claim. Judge John E. Sprizzo of this Court rejected this tactic, stating:
[T]he purpose of discovery is to find out additional facts about a well-pleaded claim, not to find out whether such a claim exists, and a defendant has a right ... to challenge the legal sufficiency of the complaint’s allegations against him, without first subjecting himself to discovery procedures.
Id. at 480 (citations omitted); see also Stoner v. Walsh, 772 F.Supp. 790, 800 (S.D.N.Y.1991) (Mukasey, J.); Shuster v. Prudential Securities Inc., No. 91-0901, 1991 WL 102500, *1 (S.D.N.Y. June 6, 1991); Greene v. Emersons, 86 F.R.D. 66, 73 (S.D.N.Y.1980); Petition of State of North Carolina, 68 F.R.D. 410, 412 (S.D.N.Y.1975) (Duffy, J.).
The Court therefore dismisses the Title VII claims against Mullarkey, Rubens, and Ray. However, the Court grants Ross leave to replead.
III. LIABILITY OF NEWMARK UNDER TITLE VII
In her Complaint, plaintiff alleges that four distinct entities, SBM, Mitsui, RCMC, and Newmark, all served as her “employer” at the Building, and she seeks relief from each of them for violations of her Title VII rights. Newmark argues that the Complaint is devoid of any factual allegations that would support the notion that Newmark was Ross’s “employer,” and moves for dismissal of all Title VII claims against it. Ross contends that SBM, Mitsui, RCMC, and Newmark acted as joint employers, making each liable under Title VII.
The Second Circuit has determined that in Title VII the term “ ‘employer’ ... is sufficiently broad to encompass any party who significantly affects access of any individual to employment opportunities, regardless of whether that party may technically be described as an ‘employer’ of an aggrieved individual as that term has generally been defined at common law.” Spirt v. Teachers Insurance & Annuity Ass’n, 691 F.2d 1054, 1063, (2d Cir.1982), vacated on other grounds, 463 U.S. 1223, 103 S.Ct. 3565, 77 L.Ed.2d 1406 (1983); see also Kern v. City of Rochester, 93 F.3d 38, 45 (2d Cir.1996), cert. denied, — U.S. —, 117 S.Ct. 1335, 137 L.Ed.2d 494 (1997). Under certain circumstances, entities may be so intertwined that they are a “joint employer” for purposes of Title VII. See Spirt, 691 F.2d at 1063; see also Kern, 93 F.3d at 45; Bridges v. Eastman Kodak Co., 800 F.Supp. 1172, 1178 (S.D.N.Y.1992). In Kern, the Second Circuit examined whether the entity had the power to hire or fire the plaintiff, to supervise her work or conditions of employment, to determine her rate or method of pay, or to maintain records of her employment. See Kern, 93 F.3d at 45. “A party must exercise a direct and significant degree of control over the complaining party’s direct employer or the complaining party’s work environment to be considered an employer within the meaning of Title VII.” Goyette v. DCA Advertising Inc., 830 F.Supp. 737, 744 (S.D.N.Y.1993) (internal quotation marks omitted).
In the Complaint, Ross alleges that SBM, Mitsui, RCMC, and Newmark each interviewed her, approved her retention as concierge, and had the right to control the means and manner of Ross’s performance of her work duties. See Complaint at ¶ 7. As the Court must accept the allegations in the Complaint as true, there is a sufficient factual basis to allow the claim to remain.
IV. INDIVIDUAL LIABILITY UNDER THE HRL
Ross also alleges that individual defendants Mullarkey, Rubens, and Ray discriminated against her because of her sex, in violation of HRL § 296. N.Y. Exec. Law § 296 (McKinney 1993).
A. Primary Liability as an Employer
The New York Court of Appeals has determined that:
A corporate employee, though he has a title as an officer and is the manager or supervisor of a corporate division, is not individually subject to suit with respect to discrimination based on age or sex under New York’s Human Rights Law (Executive Law, art. 15) ... if he is not shown to have any ownership interest or any power to do more than carry out personnel decisions made by others.
Patrowich v. Chemical Bank, 63 N.Y.2d 541, 483 N.Y.S.2d 659, 660, 473 N.E.2d 11 (1984); see also Tomka, 66 F.3d at 1317. As stated, supra, plaintiff makes the claim that SBM, Mitsui, RCMC, and Newmark all functioned as her “employer” at the Building. Ross does not allege that Mullarkey, Rubens, or Ray has any ownership interest in any of these four entities. However, the Complaint contains allegations that Mullarkey and Rubens indicated that they wielded the power to fire Ross from her concierge position. Therefore, the motions of Mullarkey and Rubens to dismiss the HRL claims against them must fail. There are no allegations in the Complaint that Ray had the ability to discharge plaintiff. Accordingly, Ray is not liable as an “employer” under the HRL.
B. “Aider and Abettor” Liability
Section 296(6) of the HRL states that it shall be an unlawful discriminatory practice “for any person to aid, abet, incite, compel or coerce the doing of any of the acts forbidden under this article, or attempt to do so.” N.Y. Exec. Law § 296(6) (McKinney’s 1993). The Tomka Court distinguished Pa-trowich and held that a defendant who actually participates in the conduct that gives rise to a discrimination claim may be held personally liable under the HRL. See Tomka, 66 F.3d at 1317; see also Steadman v. Sinclair, 223 A.D.2d 392, 393, 636 N.Y.S.2d 325, 326 (1st Dep’t 1996); Peck v. Sony Music Corp., 221 A.D.2d 157, 158, 632 N.Y.S.2d 963, 963 (1st Dep’t 1995); but see Foley v. Mobil Chem. Co., 170 Misc.2d 1, 11-12, 647 N.Y.S.2d 374, 380-81 (N.Y. Sup.Ct.1996). The Complaint is replete with factual allegations concerning conduct by Mullarkey and Rubens that, if true, gives rise to an actionable discrimination claim. Mullarkey and Rubens therefore also might be liable as “aiders” and “abettors” under the HRL. However, the Complaint does not state that Ray participated in any conduct that gives rise to a discrimination claim. Just as Ray is not an “employer” under the HRL, she is neither an “aider” nor an “abettor”; the HRL claims against her are dismissed.
V. LIABILITY OF MITSUI, RCMC, AND NEWMARK UNDER THE HRL
To hold an employer liable for the acts of its employees under the HRL, a plaintiff must prove that the employer “became a party to [the discrimination] by encouraging, condoning, or approving it.” Totem Taxi, Inc. v. New York State Human Rights Appeal Bd., 65 N.Y.2d 300, 491 N.Y.S.2d 293, 295, 480 N.E.2d 1075 (1985); see also State Div. Of Human Rights v. St. Elizabeth’s Hosp., 66 N.Y.2d 684, 496 N.Y.S.2d 411, 412, 487 N.E.2d 268 (1985). “Condonation, which may sufficiently implicate an employer in the discriminatory acts of its employee to constitute a basis for employer liability under the Human Rights Law, contemplates a knowing, after-the-fact forgiveness or acceptance of an offense. An employer’s calculated inaction in response to discriminatory conduct may, as readily as affirmative conduct, indicate condonation.” St. Elizabeth’s Hosp., 496 N.Y.S.2d at 412, 487 N.E.2d 268. “The doctrine of respondeat superior is not applicable in cases involving sex discrimination unless the complaint alleges that the employer had knowledge or acquiesced in the discriminatory conduct of a supervisor or co-worker.” Vanscoy v. Namic USA Corp., 234 A.D.2d 680, 682, 650 N.Y.S.2d 877, 878 (3d Dep’t 1996) (internal quotation marks omitted).
In the Complaint. Ross states that these defendants knew or should have known of the harassment of Ross, that the President of Mitsui was aware of the misconduct of Mullarkey and Rubens, and that the defendants did not investigate or discipline Mullar-key or Rubens. She contends that Mitsui, RCMC, and Newmark undertook “calculated inaction” to the discrimination, which constitutes condonation. The true substance of the claim is readily apparent to these defendants such that they have fair notice. As the Court accepts the Ross’s allegations as true, the Complaint provides a factual basis sufficient to withstand a motion to dismiss.
VI. CONSTRUCTIVE DISCHARGE
Plaintiffs twentieth cause of action is a claim based on Title VII and the HRL against all defendants for constructive discharge. Mitsui, RCMC, and Newmark contend that the Complaint fails to plead properly a cause of action for constructive discharge.
A constructive discharge occurs when an employer “deliberately makes an employee’s working conditions so intolerable that the employee is forced into an involuntary resignation.” Spence v. Maryland Cas. Co., 995 F.2d 1147, 1156 (2d Cir.1993) (Kearse, J.) (internal quotation marks omitted). “Deliberateness exists only if the actions complained of were intended by the employer as an effort to force the employee to quit.” Rivera v. Prudential Ins. Co. of America, Nos. 95 CV 0829 and 95 CV 0830, 1996 WL 637555 at *14 (N.D.N.Y. Oct.21, 1996) (quoting Lombardo v. Oppenheimer, 701 F.Supp. 29, 30 (D.Conn.1987)).
The Complaint alleges that Mitsui knew of the conduct of Mullarkey and Rubens and deliberately took no steps to protect Ross. Plaintiff claims that the defendants did not investigate or take any remedial action against Mullarkey and Rubens. Based on the allegations in the Complaint, the defendants know the true substance of Ross’s claims for constructive discharge. As the Court must accept these allegations as true, the claims remain.
VII. VICARIOUS LIABILITY
Ross seeks to hold Mitsui, Newmark, and Ray vicariously liable for the torts allegedly committed by Mullarkey and Rubens. “Under New York law, the doctrine of respondeat superior renders an employer vicariously liable for a tort committed by an employee while acting within the scope of his employment.” Tomka, 66 F.3d at 1317 (citing Riviello v. Waldron, 47 N.Y.2d 297, 418 N.Y.S.2d 300, 391 N.E.2d 1278 (1979); Heindel v. Bowery Savings Bank, 138 A.D.2d 787, 525 N.Y.S.2d 428 (3d Dep’t 1988)). “However, an employer is not liable for torts committed by the employee for personal motives unrelated to the furtherance of the employer’s business.” Tomka, 66 F.3d at 1317 (citing Heindel, 525 N.Y.S.2d at 428-29; Island Associated Coop., Inc. v. Hartmann, 118 A.D.2d 830-31, 500 N.Y.S.2d 315, 316 (2d Dep’t 1986)).
New York courts consistently have held that sexual misconduct and related tor-tious behavior arise from personal motives and do not further an employer’s business, even when committed within the employment context. See, e.g., Tomka, 66 F.3d at 1318 (employees’ sexual assaults upon co-employee and emotional distress stemming from assaults “were not in furtherance of [employer’s] business and were a complete departure from the normal duties” of an employee as a matter of law); Heindel, 138 A.D.2d 787, 525 N.Y.S.2d 428 (mall not liable for rape of girl committed by mall security guard in mall security office); Cornell v. State of New York, 60 A.D.2d 714, 401 N.Y.S.2d 107 (3d Dep’t 1977) (hospital not hable for sexual assault by hospital attendant on an infant under hospital’s care). Since the alleged misconduct of Mullarkey and Rubens falls outside of the employment relationship, the Court dismisses the vicarious liability claims against Mitsui, Newmark, and Ray.
VIH. PRIMA FACIE TORT
Ross claims that Mullarkey and Rubens ar e liable for prima facie torts they allegedly committed against her. As the defendants properly note, these claims are deficient on their face and must be dismissed.
Under New York law, there are four elements required to support a claim of prima facie tort: (1) intentional infliction of harm, (2) causing special damages, (3) without excuse or justification, and (4) by an act or series of acts that would otherwise be lawful. See Curiano v. Suozzi, 63 N.Y.2d 113, 480 N.Y.S.2d 466, 469, 469 N.E.2d 1324 (1984). The first element requires “disinterested malevolence”, which means that “the plaintiff cannot recover unless the defendant’s conduct was not only harmful, but done with the sole intent to harm.” Twin Lab., Inc. v. Weider Health & Fitness, 900 F.2d 566, 571 (2d Cir.1990) (citing Burns Jackson Miller Summit & Spitzer v. Lindner, 59 N.Y.2d 314, 464 N.Y.S.2d 712, 721, 451 N.E.2d 459 (1983)). Motives such as profit, self-interest, or business advantage will defeat a prima facie tort claim. See Twin Lab., 900 F.2d at 571. An “essential element of [prima facie tort] is the allegation of special damages, fully and accurately stated with sufficient particularity as to identify and causally relate the actual losses to the allegedly tortious acts.” Broadway & 67th St. Corp. v. City of New York, 100 a.D.2d 478, 486, 100 A.D.2d 478, 475 N.Y.S.2d 1, 6 (1st Dep’t 1984). “Nonspecific conelusory allegations” do not meet the pleading requirement, nor do “ ‘[r]ound figures’ or a general allegation of a dollar amount.” Matherson v. Marchello, 100 A.D.2d 233, 235, 473 N.Y.S.2d 998, 1001 (2d Dep’t 1984).
In her Complaint, Ross does not make any effort to particularize her damages, but merely claims $25 million in compensatory damages. She does not show any causal relation between the tortious conduct alleged and the losses purportedly sustained. Also, Ross makes no allegation that “disinterested malevolence” was the sole motivating force behind the actions of Mullarkey and Rubens. Therefore, the Court dismisses the claims for prima facie tort against Mullarkey and Rubens. However, the Court grants Ross leave to replead should she develop a factual basis sufficient to satisfy the pleading requirements for a prima facie tort.
IX. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
In New York, a claim for intentional infliction of emotional distress claim must allege four elements: (1) extreme and outrageous conduct, (2) intent to cause, or disregard of a substantial probability of causing, severe emotional distress, (3) a causal connection between the outrageous conduct and injury, and (4) severe emotional distress. See Howell v. New York Post Co., 81 N.Y.2d 115, 596 N.Y.S.2d 350, 353, 612 N.E.2d 699 (1993). A review of the applicable case authorities shows the heavy burden imposed on a plaintiff to satisfy the first element of this test. See id,.; see also Murphy v. American Home Products Corp., 58 N.Y.2d 293, 461 N.Y.S.2d 232, 236, 448 N.E.2d 86 (“Liability has been found only where the conduct has been so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.” (internal quotation marks omitted)). “[T]he requirements of the rule are rigorous, and difficult to satisfy.” Howell, 596 N.Y.S.2d at 353, 612 N.E.2d 699 (internal quotation marks omitted); see also Murphy, 461 N.Y.S.2d at 236, 448 N.E.2d 86 (“strict standard” for intentional infliction of emotional distress claims).
Ross alleges that she complained to Ray about the conduct of Mullarkey and Rubens and requested that Ray intercede to prevent any further sexual harassment and misconduct. In response, Ray allegedly instructed Ross to remain silent about the harassment so that SBM would not lose its contract with the Building. Even assuming that Ross’s allegations are true, as a matter of law this conduct is not so outrageous and extreme to satisfy the very strict standard New York courts have set for claims of intentional infliction of emotional distress. The Court therefore dismisses this claim against Ray.
X. NEGLIGENT SUPERVISION OF MULLARKEY AND RUBENS
The Court determines that Mitsui and Newmark are not vicariously liable for the alleged actions of Mullarkey and Rubens, since the conduct was outside the scope of their employment. See VII, supra. However, even where an employee does not act within the scope of his employment, “an employer may be'required to answer in damages for the tort of an employee against a third party when the employer has either hired or retained the employee with knowledge of the employee’s propensity for the sort of behavior which caused the injured party’s harm.” Kirkman v. Astoria Gen. Hosp., 204 A.D.2d 401, 403, 611 N.Y.S.2d 615, 616 (2d Dep’t 1994) (citing Detone v. Bullit Courier Service, Inc., 140 A.D.2d 278, 279, 528 N.Y.S.2d 575, 576 (1st Dep’t 1988)). Further, when an employee’s conduct is beyond the scope of employment, an employer’s duty to third parties to prevent misconduct “is limited to torts committed by employees on the employer’s premises or with the employer’s chattels.” D’Amico v. Christie, 71 N.Y.2d 76, 524 N.Y.S.2d 1, 6, 518 N.E.2d 896 (1987). Ross claims that Mitsui and New-mark negligently supervised Mullarkey and Rubens and are responsible for the injuries she suffered as a result of their conduct.
To survive a motion to dismiss a claim of negligent supervision, a plaintiff must plead fact's that show that the employer knew of the employee’s propensity for the type of behavior that caused plaintiffs harm. See Kirkman, 204 A.D.2d at 403, 611 N.Y.S.2d at 616; see also Haybeck v. Prodigy Serv. Co., 944 F.Supp. 326, 332 (S.D.N.Y.1996), appeal dismissed, 116 F.3d 465, 1997 WL 338844 (2d Cir.1997). Conclusory allegations of negligent supervision are insufficient to overcome a motion to dismiss. See Richardson v. New York Univ., 202 A.D.2d 295, 296, 609 N.Y.S.2d 180, 182 (1st Dep’t 1994).
As an initial matter, the vast majority of the misconduct and harassment alleged in the Complaint occurred away from the Building. As Mitsui and Newmark are not liable to Ross on her claims of negligent supervision for any misconduct by Mullarkey and Rubens that occurred away from the Building, the claims necessarily are limited greatly. This factor does not by itself mandate dismissal of the claims, as Ross indicates in the Complaint that some of the harassment occurred at the Building.
Ross alleges that Mitsui and Newmark knew or had reason to know of their respective employees’ propensities for sexual harassment due to the pervasive nature of the harassment, because Greg Sutherland, the President of Mitsui, was aware of the harassment directed at Ross, and because of the earlier suit brought against Mullarkey by Castel, his former secretary. Again, the Complaint provides notice to the defendants of the true substance of plaintiffs claims.
Ross, however, alleges that Mitsui and Newmark were her “employers”. In New York, recovery for injuries caused by an employer’s negligence is governed by the Worker’s Compensation Law. See O’Brien v. King World Productions, Inc., 669 F.Supp. 639, 641 (S.D.N.Y.1987). “If recovery is available under the Worker’s Compensation Law, this recovery will be plaintiffs exclusive remedy against her employer and she will not be able to bring other common law tort claims against her employer.” Persaud v. S. Axelrod Co., No. 95 CIV. 7849(RPP), 1996 WL 11197, *5 (S.D.N.Y. Jan.10, 1996); see also N.Y. Work. Comp. Law § 11 (McKinney’s 1992). “The bar against other tort remedies does not apply however, if the tort alleged was committed by the employer intentionally or ‘perpetrated at the employer’s direction or instigation.’” Persaud, 1996 WL 11197 at *5 (quoting Thompson v. Maimonides Medical Center, 86 A.D.2d 867, 868, 447 N.Y.S.2d 308, 310 (2d Dep’t 1982)).
Obviously, the tort of negligent supervision alleges a negligent act, not an intentional one. Ross may not bring this claim against her employer, as the exclusivity provision of the Worker’s Compensation Law bars the action. As plaintiff sufficiently pleads that Mitsui and Newmark were her “employers”, and the Court accepts those allegations as true, the claims for negligent supervision are dismissed.
XI. SUPPLEMENTAL JURISDICTION
Based on the consideration of the defendants’ motions, the causes of action that remain are claims under Title VII against Mitsui, RCMC, Newmark, and SBM, claims against Mullarkey and Rubens for intentional infliction of emotional distress, assault, and false imprisonment, and violations of the HRL by Mitsui, RCMC, Newmark, SBM, Mullarkey, and Rubens. Mullarkey and Rubens move for the Court to decline to exercise supplemental jurisdiction and to dismiss the remaining claims against them. The Court denies the motion.
The Court has original jurisdiction over the Title VII claims, and because the remaining claims clearly are “so related” to the Title VII causes of action that they form part of the same case or controversy, the Court has supplemental jurisdiction. 28 U.S.C. § 1367(a). In United Mine Workers v. Gibbs, 383 U.S. 715, 725, 86 S.Ct. 1130, 16 L.Ed.2d 218, the Supreme Court explained that a federal court has jurisdiction over an entire action, including the state-law claims, whenever the federal claims and state claims “derive from a common nucleus of operative fact” and are “such that [a plaintiff] would ordinarily be expected to try them all in one judicial proceeding.” The Court dismisses, supra, the Title VII claims against Mullarkey and Rubens individually. In this situation, the Court still has the power under 28 U.S.C. § 1367 to exercise supplemental jurisdiction over the other claims. See Mizuna, Ltd. v. Crossland Federal Sav. Bank, 90 F.3d 650, 657 (2d Cir.1996); see also Promisel v. First Am. Artificial Flowers, Inc., 943 F.2d 251, 254 (2d Cir.1991). However, the Court also has the discretion to remand the claims to state court. See 28 U.S.C. § 1367(c); see also Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 357, 108 S.Ct. 614, 98 L.Ed.2d 720 (1988).
“[A] federal court should consider and weigh in each case, and at every stage of the litigation, the values of judicial economy, convenience, fairness, and comity in order to decide whether to exercise jurisdiction over a case brought in that court involving pendant state-law claims.” Cohill, 484 U.S. at 350, 108 S.Ct. 614. Although no federal claims remain against Mullarkey and Rubens, Title VII claims are still pending against four other defendants. As Mullarkey and Rubens clearly are the focal point of Ross’s allegations, any determination of the Title VII claims necessarily will involve resolution of the allegations that form the basis of the state law claims against Mullarkey and Rubens. The remaining claims against all defendants unquestionably derive from the same nucleus of operative fact such that the factors of judicial economy, convenience, and fairness weigh in favor of one forum. Accordingly, the Court retains jurisdiction over the state law claims.
CONCLUSION
For the reasons stated above, defendants’ motions are HEREBY GRANTED in part and HEREBY DENIED in part. The remaining parties are directed to appear for a pre-trial conference in Courtroom 18B at 500 Pearl Street on June 5, 1998, at 11:30 a.m.
SO ORDERED.
. The Court dismisses the vicarious liability claims in total because the alleged conduct of Mullarkey and Rubens is outside the scope of their employment. An additional ground to dismiss the vicarious liability claim against Ray is that Ray, an employee of SBM, was not the "employer” of either Mullarkey or Rubens.
. In her opposition to these motions, plaintiff did not address the motions to dismiss her claims of prima facie torts.
. In her opposition to these motions, plaintiff does not contest the assertion of Mitsui and New-mark that the Worker’s Compensation Laws bar a claim of negligent supervision.
| CASELAW |
Youngstown Patricians
The Youngstown Patricians were a semi-professional football team based in Youngstown, Ohio. In the 1910s, the team briefly held the professional football championship and established itself as a fierce rival of more experienced clubs around the country, some of which later formed the core of the National Football League. The Patricians football team motto was "With Malice to None and a Square Deal to all."
Origins
The football team was organized in 1911 by the Patrician Club, a men's organization connected to St. Patrick's Roman Catholic parish, on the city's south side. The Patricians were organized to provide recreational enjoyment for the Parish boys and fielded both a basketball team and the more famous football team. The church was founded in 1911 by Father Charles A. Martin who was an earnest supporter of outdoor sports. As sports historian Vic Frolund observes, the Catholic lay organization was designed "to advance the moral, social, and physical welfare of its members." Nevertheless, by 1914, the team associated with the Patricians Club had become a highly competitive enterprise that aggressively recruited some of the top athletic talent in the region. Shortly after the team's founding, its 18 players faced an eight-game schedule among other semi-professional and sandlot teams in Ohio and Pennsylvania. After scoring seven wins and one loss, the Patricians embraced a longer and tougher schedule of nine games.
Faced with more experienced teams like the Canton Bulldogs, the McKeesport Olympics, the Pitcairn Quakers, and the Washington Vigilants, the Patricians increased their squad to 25 men and began to actively recruit well-established players. As Frolund writes: "Contracts were practically unheard of in the early days of the pro game. Consequently, a player could be with a different team every Sunday. His services were open to the highest bidder each week." In this competitive environment, the Patricians managed to secure seasoned players including Ray Miller (University of Notre Dame), Elgie Tobin (Pennsylvania State University), Russell "Busty" Ashbaugh (All-American mention at Brown University), and George Vedernack (Carlisle). This power-house team was led by player-coach Ray L. Thomas, a former star athlete at Youngstown's Rayen School.
Professional championship
Led by manager Joseph Omlor and coach Thomas (fresh from the West Virginia University football team), the Patricians entered the 1915 season with a confidence that was soon reflected in the local media. In October, when the "Pats" faced off with a rival club from Barberton, Ohio, one newspaper account stated: "It is no wonder the Patricians have aimed at the state titular emblem this season. With such a grand organization; one that so admirably combines weight speed, courage, and sheer ability, it is even to their discredit that do not go in quest of the titular honors of several states or the country at large." The article added:"The maroon and gray [the Patricians' colors] need fear no professional football team."
The news report proved prophetic. That season, the Patricians won eight games and tied one. The most unexpected victory was a 13–7 win over the Washington, D.C., Vigilants. As Frolund writes: "Over a span of nine years, the Vigilants had won 90 games, lost but three, and had one tie. The Vigilants had claimed the World's Championship of professional football since 1907, defeating such teams as the famous Philadelphia Blues, Jersey City Pros, Harrisburg Giants, Altoona All-Stars, Maryland and New York City Pros, New York, New Jersey, Boston, Reading, Pennsylvania, and Georgia." As Frolund observes, the victory enabled the Patricians to lay claim to the World's Championship.
In a Youngstown Vindicator article from November 29, 1915, the Manager of the Vigilants, Joe Oliveri said "The Patricians defeated us fairly and squarely and we held the eastern title clearly beyond dispute. Youngstown has a remarkable gridiron machine and one that could go down through the east and make trouble for any eleven they met." Also from the article: "He declared football is no better supported in any city in the United States while in very few places are the fans as manifestly fair as they are right here in our own burg."
The following season, however, the Patricians faced predictably tough competition as other semi-professional teams sought to challenge their unofficial but widely acknowledged championship. While the Patricians won a slim victory over the Washington Vigilants, they closed the season with a crippling 0–13 loss to the Columbus Panhandles. Their season record was a less-than-stellar 7–4.
Peak and decline
The Patricians entered the 1917 season determined to win back the championship title and assembled a powerhouse team that appeared equal to the task. The team featured five All-Americans. Standouts included Stan Cofall (University of Notre Dame), Tom Gormley (Georgetown University), Franklin "Bart" MacComber (Illinois), Gil Ward (Notre Dame), Jim Barron (Georgetown), and Freeman Fitzgerald (Notre Dame). Ernest "Tommy" Hughitt, who later earned fame playing for a team in Buffalo, played quarterback for Youngstown.
The opening contest of the 1917 season was against Jim Thorpe and his Canton Bulldogs. The game, which took place at Canton's Wright Field, drew a crowd of 7,000 fans. As Frolund notes, player-manager Thorpe, "who very seldom played a full game, played every minute of this one." He adds that the Bulldogs won a narrow victory in a contest where "the lineups read like a who's-who of post-graduate football, circa 1917." As sports historian Keith McClellan writes: "Although the Canton Bulldogs gained 168 yards with their rushing attack and passed for an additional 82 yards, they could not cross Youngstown's goal for a touchdown. The Youngstown defense was outstanding whenever Canton threatened to score. Howard 'Cub' Buck's drop kick from the 15-yard line in the first period produced the only points of the game. Three times, Bart Macomber tried to tie the score with a field goal but failed each attempt. Canton won 3–0." McClellan adds that the game was characterized by "head-to-head competition" between the teams' two centers, Robert Peck (Youngstown) and Ralph "Fats" Waldsmith. According to McClellan, legendary Notre Dame coach Knute Rockne listed Peck "as the best center for the first quarter of this century."
In the wake of this narrow defeat, the Patricians secured a victory over the Ohio Tigers, with a score of 14–6. In another contest with the world-champion Bulldogs later that season, however, the Patricians suffered a devastating loss of 13–0. Canton achieved this victory without the help of Thorpe, who was sidelined by a leg injury. Worse yet, the Youngstown team lost several of its brightest stars, including Cofall, to the Massillon Tigers. Sports historian McClellan observes that "a season that began with such high hopes ended with an unseasonable snowstorm and a modest 4–3 record." Meanwhile, the wave of recruitment that came with America's entry into World War I, along with a flu pandemic that led to restrictions on travel and large gatherings, temporarily slashed the ranks of the nation's professional and semi-professional teams. On June 24, 1922, the Youngstown Patricians were granted an NFL franchise in the new league but were unable to raise the funds and never fielded a team.[10]
Legacy
The Patricians' effort to regroup under coach-manager Thomas unraveled in the wake of a 27–0 defeat at the hands of the Massillon Tigers on October 5, 1919. Yet, Patrician alumnus Russell "Busty" Ashbaugh (football coach of Youngstown's South High School and father of Notre Dame standout Russell "Pete" Ashbaugh) headed up a semi-professional team in Youngstown that fared well in regional contests. As Frolund notes, a team that was to be managed by another Patricians alumnus, Elgie Tobin, received a National Football League franchise, which had a schedule laid out for the 1922 NFL season. The project collapsed without explanation, and the team never played. While the area saw a brief revival of semi-professional football in the 1970s (just before the city's industrial decline) with the organization of the Youngstown Hardhats and more recently the fully professional Mahoning Valley Thunder of the AF2, the Patricians club—at least during its peak years—was the closest that Youngstown would come to producing a nationally competitive professional football team.
Over the years, the nearby Pro Football Hall of Fame has had several displays honoring the Youngstown Patricians including highlighting their championship 1915 team as well as one titled "A Parish Turns Pro."
Hughitt went on to the Buffalo professional football club, where he played from 1918 to 1924. During his time in Buffalo he won two state titles, and nearly won two NFL titles (1920 and 1921) as the team's coach and quarterback. Much of the rest of the team ended up with the brand-new Cleveland Panthers in 1919; thanks in large part to their connections to Hughitt, the Panthers played primarily New York-based teams.
The Youngstown area retains a strong NFL presence today. The NFL considers Youngstown–located halfway between Cleveland and Pittsburgh–to be "shared" between the Cleveland Browns and the Pittsburgh Steelers, making it fertile battleground territory for the rivalry the two teams have had since the Browns joined the NFL in 1950 from the All-America Football Conference. Youngstown is also within the 75-mile blackout radius of both cities, though neither team typically has a home game blacked out due to rabid fanbases for both teams. The most recent blackout from either team was the Browns having their last two home games blacked out at the end of the 1995 season, a direct result of the Cleveland Browns relocation controversy. The Steelers haven't had any home games blacked out since the current blackout rules were applied in 1973.
The owners of the San Francisco 49ers, John York and Denise DeBartolo York reside in the Youngstown suburb of Canfield, Ohio, and the Pro Football Hall of Fame is located in nearby Canton, Ohio, about an hour southwest of Youngstown. In 2011, the 49ers practiced on the campus of Youngstown State University in between road games against the Cincinnati Bengals and Philadelphia Eagles instead of making two East Coast trips in back-to-back weeks; both games resulted in victories for the 49ers.
Saint Patrick Church is still an important part of the Youngstown community and according to an article in the Youngstown Vindicator, "remains an anchor in a neighborhood of change."
Youngstown Patricians Relaunched 2015
On November 5, 2015, at M Gallery, Erie Terminal Place in Downtown Youngstown, a group of enthusiasts, local leaders, media, and the curious, gathered for a celebration to honor the 1915 Youngstown Patricians and an unveiling of a painting by noted local artist Ray Simon. Accompanied by current Pastor of Saint Patrick, Father Ed Noga, together, Simon and Father Noga revealed a painting honoring the team titled "Gridiron Greatness", the painting features the Youngstown area, Saint Patrick Church, and Father Charles A. Martin, original Pastor and founder of the football team. The event received extensive press coverage including the Youngstown Vindicator, Cleveland Plain Dealer, the Catholic Exponent and local TV stations. Many family members of both the 1914 and 1915 teams were in attendance. Mayor John A. McNally, Mahoning County Commissioner Carol Rimedio-Righetti, and Mahoning County Historical Society Executive William Lawson were also present.. Items celebrating the team were available for sale including posters of the painting and t-shirts. A Youngstown Patricians Facebook account and YTown Pats Twitter account have been created allowing for family members and the general public to share and learn more about this important historical pro football team. An article in the Youngstown Vindicator titled "Patricians 100th Anniversary Celebrated" by Greg Gulas and the Cleveland Plain Dealer titled "100 years ago, were Youngstown Patricians pro football's world champs?" by Tim Warsinskey provide additional information.
A Facebook page dedicated to the history and remembering the Patricians has been created here. There are additional photos and stories of the team there. | WIKI |
Trans Am Bike Race
The Trans Am Bike Race (TABR) is an annual, self-supported, ultra-distance cycling race across the United States. The route is about 4200 mi long and uses the TransAmerica Bicycle Trail that was developed by the Adventure Cycling Association for the Bikecentennial event in 1976. The route runs from the Pacific coast in Astoria, Oregon to the Atlantic coast in Yorktown, Virginia, passing through ten states. The inaugural race was in 2014, which 25 people completed, the fastest of whom took less than 18 days.
It is not a stage race; the clock never stops from the moment the riders leave the start to the moment that they reach the finish, so it is a long individual time trial. Riders must therefore strategically choose how much time to devote to riding, resting, and refueling each day. Being self-supported or unsupported means that drafting is not allowed, receiving any form of support from other racers, friends, or family is not allowed; all food, accommodation, repairs, etc., must be purchased from commercial sources.
Organization and following the race
The race's founder and main organizer is Nathan Jones, who also participated in the 2014 event, finishing in 13th place, and rode the Tour Divide mountain bike race in 2010 and 2011.
Rider positions are monitored using GPS satellite-based tracker devices mounted on participants' bikes that upload their positions to the Trackleaders website for the participants and followers to view. Many participants also update followers on their progress using social media websites.
A feature-length documentary, called Inspired to Ride was made about the inaugural edition, in 2014. The focus of the film was on the male and female winners, Mike Hall and Juliana Buhring, but many of the other racers were also featured, including the actor Brian Steele. The film was made by many of the same people who were involved in the Ride The Divide movie about the similar Tour Divide mountain bike race, including Mike Dion and Hunter Weeks.
Rules and results
Rules are listed on the official website. The idea of self-supported or unsupported bicycle racing is a key component, and any type of bicycle is allowed, including recumbent bicycles.
The main results are summarized in the table below. It is notable that only two women had completed the race, both in 2014, before Lael Wilcox won the 2016 edition with a come from behind finish to overtake the long-standing leader, Steffen Streich in the final day. In 2016, there was a new pairs category and participants were able to ride the route in either direction (west to east or east to west).
The current record is held by Abdullah Zeinab, who completed the 2019 race in 16 days, 9 hours, 56 minutes.
Similar races
This form of ultra-distance, unsupported bike racing first became popular with the Tour Divide mountain bike race, which was first held as a mass-start event in 2008. The Tour Divide starts in Alberta, Canada, follows the Great Divide Mountain Bike Route through the US and finishes at the Mexican border in New Mexico. The Transcontinental Race started in 2013 and is the event that is most similar to the Trans Am Bike Race because it is on paved roads; however, that route varies every year with different start and finish locations being used and riders must choose their own route while visiting certain checkpoints. Similarly the Indian Pacific Wheel Race (IndyPac) was first held in 2017, racing across Australia, from the Freemantle Lighthouse, Perth, to the Opera House, Sydney. The Race to the Rock has been held in Australia, from Adelaide to Uluru since 2016. The first three editions have all been won by Sarah Hammond.
Another similar ride in the self-supported ultra-distance cycling category is the TransAtlanticWay (TAW). First held in 2016, the route runs from Derry to Cork and follows the scenic west Atlantic coast of Ireland. In 2018 the TAW became a ‘ride’ rather than a race after the death of ultra-cycling legend Mike Hall in 2017, differing it slightly from other self-supported races. It attracts competitive and casual cyclists alike, with its most recent fixture in 2023 being won by Donnacha Cassidy.
The BikingMan race series, bring athletes across the Andes Cordillera of Peru with IncaDivide race, in the Hajar mountains of Oman with BikingMan Oman and around Corsica. BikingMan races are self-supported but every athlete gets a survival map of a recommended route and can rest at the base camps of the checkpoints.
The self-supported nature of the TABR makes it very different from supported ultra-distance events like the Race Across America (RAAM), in which each racer has a large support crew with multiple vehicles. All such support is prohibited in the TABR and similar races that are described as self-supported or unsupported. Ultra-distance audax and randonneuring cycling events are somewhat similar except that drafting is allowed in those and the organizers often provide support at the control points. | WIKI |
The artist, who died last year, used collage and fabric to break out of painting’s confines. Now her works are on view at the Philadelphia Museum of Art.
The Many Styles of Emma Amos, and Her Drive to Get Free
PHILADELPHIA — Spend a few hours on social media, and you’ll come across heated discussions about who gets to speak for whom. That makes it a good time for an exhibition of art by Emma Amos, a painter, printmaker and weaver who grappled with age-old questions of identity and authority that feel freshly urgent. “Emma Amos: Color Odyssey,” a survey of her work organized by the Georgia Museum of Art and now on view at the Philadelphia Museum of Art, comes at an opportune moment. | NEWS-MULTISOURCE |
Minnedosa
Minnedosa may refer to:
* Minnedosa, Manitoba, a community in Manitoba, Canada
* Minnedosa (electoral district), a political riding in the same area
* Minnedosa (schooner barge), a Great Lakes grain barge that sank in 1905
* SS Minnedosa, 1918 passenger ship for Canadian Pacific Railways | WIKI |
The Science of The X-Files: Evil Eves and the Dangers of Human Cloning
Friday, 15 January 2016 - 5:34PM
Technology
Genetic Engineering
Friday, 15 January 2016 - 5:34PM
The Science of The X-Files: Evil Eves and the Dangers of Human Cloning
It's January, X-Files fans, which means we have less than a month to wait before our favorite alien conspiracy show returns for a six-episode miniseries. The pilot (which we saw at NYCC), airs on January 24th, but until then, we're going to give you daily articles about the fascinating science behind the X-Files, courtesy of science advisor Anne Simon and her book "The Real Science Behind the X-Files: Microbes, Meteorites, and Mutants."
In the memorable monster-of-the-week episode, "Eve," Mulder and Scully discover a variation of the trusty homicidal children trope: adorable 8-year-old clones who kill indiscriminately. But unlike the ghost twins of The Shining, it's at least remotely possible that the Eves could exist in real life.
According to the episode, the Eves were cloned in the 1950s, and were genetically engineered to have extra chromosomes, which afforded them enhanced strength and intelligence, but also made them homicidal when they turned twenty. Simon points out that while scientists had cloned tadpoles by the time the 50s were over, the technology used transfer the nuclei in the cloning process was far too blunt to be used on relatively delicate mammalian eggs until the 70s. However, the cloning is meant to be a part of a government conspiracy, so within the X-Files universe, it makes sense that these scientists would have access to more advanced technologies than the public knew about ("this is what puts the fiction into science fiction," as Simon puts it).
But timing aside, it is physically possible to produce eight clones with extra chromosomes. Adding extra chromosomes to an egg "doesn't require much in the way of technology," as it simply involves injecting the chromosomes into the egg's nucleus. Then, in order to create more than one baby with the same anomaly, the egg would need to be multiplied into eight separate eggs, which is not only possible, but could have been performed in the 1950's (even without the help of CSM and alien technology). They could have fertilized the egg with a sperm, allowed it to multiply in a petri dish, and then, at the eight-cell embryo stage, tease each cell apart so each single cell can develop into a full human being.
However, these children would likely not be born, and if they were, it would likely be with horrible defects that would be fatal long before the age of eight, similar to poor Baby Peacock. Extra chromosomes almost always lead to death, with the exception of multiple copies of chromosome 21, which leads to Down Syndrome. So it doesn't make any sense that the Eves would survive, let alone be enhanced by, extra chromosomes.
However, genetic manipulation is well within our reach, and many scientists believe that human cloning is already possible. And genetic studies of aggression support the thesis that certain genes contribute to aggression, although it is a multi-gene process that is not yet well-understood. So if in the future, when we have mapped out the genome a little better, the government were to attempt to create supersoldier clones by manipulating the genes involved with aggression, it's conceivable that we could have homicidal children on our hands (although they probably wouldn't start killing at any particular age).
The X-Files also engaged with contemporary concerns about germline editing. In the episode, the eight-year-old clones are created using the cells of one of the original Eve clones, Sally Kendrick, who modified her own cells to eliminate the homicidal tendencies while maintaining strength and intelligence.
Opening quote
Sally had good intentions when she tried to correct the mental abnormalities present in the Eves, but learns too late the uncertainties that may be associated with germ-line gene therapy. What she succeeded in doing was creating eight-year-old full-fledged homicidal monsters."
Closing quote
With the advent of technologies like CRISPR, modifying the germline is becoming more and more of a possibility, with Chinese scientists claiming that they modified the genomes of human embryos last year. This led to a huge controversy, with many calling the experiments dangerous and unethical, particularly since there may be unforeseen consequences to germline editing for future generations. There was even a call from the White House for a moratorium on human genome editing, citing these same concerns:
Opening quote
Research along these lines raises serious and urgent questions about the potential implications for clinical applications that could lead to genetically altered humans. The full implications of such a step could not be known until a number of generations had inherited the genetic changes made - and choices made in one country could affect all of us.
Closing quote
Of course, the White House is probably worried about the resurgence of genetic diseases or emergence of new ones, rather than the creation of tiny supersoldier murderers, but you never know.
Also in this series:
Alien Conspiracy Probably Wasn't a Hoax" href="http://www.outerplaces.com/science/item/10919-the-science-of-the-x-files-why-the-alien-conspiracy-probably-wasn-t-a-hoax" target="_blank">The Science of The X-Files: Why the Alien Conspiracy Probably Wasn't a Hoax
The Science of The X-Files: Chernobyl, Genetic Hybridism, and the Science of the Flukeman
The Science of The X-Files: The Real-Life Biology of Parasitic Ice Worms from Outer Space
Earth on a Meteorite?" href="http://www.outerplaces.com/science/item/10874-the-science-of-the-x-files-can-extraterrestrial-life-survive-a-trip-to-earth-on-a-meteorite" target="_blank">The Science of The X-Files: Can Extraterrestrial Life Survive a Trip to Earth on a Meteorite?
The Science of The X-Files: The Black Oil Virus and Pathogens That Make You Commit Suicide
The Science of The X-Files: That Time Scientists Claimed They Found Extraterrestrial Life in Meteorites
The Science of The X-Files: Leonard Betts and the Science of Head Regeneration
The Science of The X-Files: How Baby Peacock from "Home" Could Actually Exist
The Science of The X-Files: Alien Acidic Blood and the Real-Life "Toxic Lady"
Science
Science of Sci-Fi
Technology
Genetic Engineering
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Billy Williams (cinematographer)
Billy Williams OBE, BSC (born 3 June 1929, Walthamstow, London) is a British cinematographer.
Williams was responsible for shooting a number of films, including Women in Love (1969), On Golden Pond (1981) and Gandhi (1982), for which he won an Academy Award. Williams joined his father, also named Billy, as an apprentice cameraman, remaining with him for four years. Later he served in the RAF as a photographer. On leaving the RAF he obtained a job with British Transport Films (BTF), filming all forms of transportation.
After this, it was to Iraq (where he later shot the opening scenes to The Exorcist, 1973), filming for the Iraq Petroleum Company. At this time he owned his own Arriflex camera. He spent several years in documentary work, hoping that one day he could break into features.
Before his feature debut, he became a cameraman on commercials, where he made contact with future directors Ken Russell and John Schlesinger (who had directed for BTF as well). In 1965, he shot his first feature as director of photography (San Ferry Ann), having by-passed the focus puller and operator stages. He made several others before shooting Billion Dollar Brain with Russell in 1967.
Williams can be seen in a cameo in the film The Wind and the Lion (1975), playing a British nobleman living in Tangier who is killed in a shootout with Sean Connery's Berber tribesmen. He also appeared with Cher in 1987's Suspect.
Williams retired on New Year's Day 1996. Since retirement he has travelled, conducting workshops on film. He was appointed Officer of the Order of the British Empire (OBE) in the 2009 Birthday Honours. Williams is featured in the book Conversations with Cinematographers by David A. Ellis, published by Scarecrow Press.
Selected filmography
* 1965: San Ferry Ann
* 1967: Billion Dollar Brain
* 1968: 30 Is a Dangerous Age, Cynthia
* 1968: The Magus
* 1969: Women in Love
* 1970: Tam-Lin
* 1971: Sunday Bloody Sunday
* 1972: Pope Joan
* 1973: The Glass Menagerie
* 1973: The Exorcist (opening scenes only)
* 1975: The Wind and the Lion
* 1976: Voyage of the Damned
* 1977: The Devil's Advocate
* 1978: The Silent Partner
* 1979: Going in Style
* 1981: On Golden Pond
* 1982: Gandhi
* 1983: The Survivors
* 1984: Ordeal by Innocence
* 1985: Dreamchild
* 1987: Suspect
* 1989: The Rainbow
* 1990: Stella | WIKI |
The dir '/dist/styles' disappears after 'yarn start', but is present after 'yarn build'. Why?
sage9
#1
All was described here: https://github.com/roots/sage/issues/2071#event-1629573901
And I received an answer, but I don’t understand it. Could someone help me and explain my issue?
The issue:
A few days ago all was Ok. Now if I run ‘yarn build’ all is Ok, but if I run ‘yarn start’ I haven’t the dir ‘/dist/styles’. Screenshot: http://prntscr.com/jik2md
There aren’t any error messages.
The answer:
The styles are injected by the Webpack build process (HMR). That’s why the directory is missing. So this is by design. This means you should only be using the proxy URL (i.e. localhost:3000) during dev.
But I use the proxy URL localhost:3000: http://prntscr.com/jine6w
Where I’m wrong?
Looks like site blink (I see content) and then a half sec later I have a blank page.
Sudden problems with Sage and BrowserSync
#2
I gotta dash, but since I put time into this, here is my half-baked answer:
So your issue is only happening during development (yarn start). Sage uses Webpack for it’s development build/watch process. A feature of Webpack is called Hot Module Replacement, which “exchanges, adds, or removes modules while an application is running, without a full reload.” Your styles are considered to be a module. So when it detects a change, it will get the new styles. However, it doesn’t compile a new stylesheet.
The 404 error is expected when HMR is running. This is where the “styles” that HMR is injecting are:
You’ll also notice the hot updates that HMR is receiving:
Perhaps, the best way to understand this is to simply obeserve it in action. Run yarn start, open up dev tools and watch what is happening to the stylesheet reference at the end of the head and the hot updates in the network tab when you make a change to the stylesheets.
Related:
#3
If you are having other issues, then the missing stylesheet isn’t the problem. I made a troubleshooting guide for issues like this:
#4
Thanks for explanation. Now all is clear and I much more understand behavior of Sage9.
Actually at the moment I found a js bug in my code. I think it’s the cause of my troubles (the content placed outside of the viewport). It remains to understand why after ‘yarn build’ all looks good. I guess I was confused 404 for main.css and I thought that is root of problem.
Any way, thanks for help!
#5
If you have a bit time maybe you could say me why after ‘yarn build’ #site-header height is 80, but after ‘yarn start’ the same js code gives 5000? And as result margin-top: -5000px; It makes me crazy.
JS code: http://prntscr.com/jiq903
#6
Probably because jQuery is calculating the height of that element before styles have been injected (when using yarn start), when it has a very very large height (caused by all sorts of possible things). The simplest solution is to set your header’s height in CSS instead of detecting it after load with JavaScript. The issue you’re seeing is probably caused (this time) by style injection, but it could happen “in the wild” for other reasons (slow or bad transfers, etc). IMO detecting dimensions with JavaScript isn’t super reliable: it’s better to set them in CSS if you can.
#7
Generally, I agree with you (I always prefer CSS vs JS), but I guess it’s very wrong behavior when the one code gives a different result. Just imagine something like that: x=2+3; // 5, but in other run: // 5000 :slight_smile:
Yes, looks like jQuery is calculating the height of that element before styles have been injected. But either I need use JS another way (so, I’m wrong and don’t know something important) or it’s the problem of Sage9. All CSS styles load before JS (they placed in the footer), so I can expect that my JS take right height after styling. There are many situations where we could need in JS the right styles of DOM element.
Correct me if I wrong.
#8
CSS loaded from a remote file is render-blocking, so in most real-world situations the CSS is loaded before JS fires. When yarn start inserts styles, they are not render-blocking because they are inserted via JavaScript. This means that they may not be fully loaded when your jQuery runs, regardless of where you’ve placed it on the page.
Your JS as written executes only once, on the initial page load, which means that it has only one chance to get the height of your element. This prevents it from getting the correct height in the above scenario, but would also prevent getting the correct height in other situations, i.e. if a user resizes the window in such a way as to change the height of the element you’re measuring. You may be able to address your issue (and other hypothetical situations causing sizing to break) by attaching your size-calculation code to an event that watches for something relevant, i.e. you could hook it to the resize event, or possibly use the Mutation Observer to directly observe your root element, and trigger the measurement JS when it changes size.
I don’t understand what exactly it is you’re trying to accomplish in terms of styling, so I can’t suggest a pure CSS alternative, but I’ve had pretty good look over the last several years sizing headers and page content without the use of JS.
#9
Thanks for reply & explanation. | ESSENTIALAI-STEM |
Effects of Microstructure on the Electrical Properties of Amorphous Solid Water
Author:
Bu, Caixia, Physics - Graduate School of Arts and Sciences, University of Virginia
Advisor:
Baragiola, Raul, Department of Materials Science and Engineering, University of Virginia
Abstract:
Abstract
This dissertation describes experimental efforts intended to investigate the effects of microstructure on electrical properties of amorphous solid water (ASW) films grown by vapor deposition on cold substrates (≤140 K). We have approached this problem using several experimental techniques, including vacuum microbalance, mass spectrometry, reflectance spectroscopy, optical microscopy, electrostatic charging with low energy ions, and a Kelvin probe.
We grew thin ASW films (~1100 ML) on cold substrates (< 110 K) in an ultrahigh vacuum environment and studied the influence of growth conditions (e.g., growth temperature, incident angle of the vapor flux, and substrate materials) and subsequent heating on the surface potentials of the ice films. Measurements of the surface potentials of the films suggested that the ice films are spontaneously polarized during condensation, and that this spontaneous polarization strongly depends on the microscopic pore structure. We propose a model, connecting the microstructure of the pores with the observed polarization, to explain the obtained results.
We also subjected ASW films to low-energy (500 eV) ions (He+ / Xe+) at low temperatures (≤140 K) to study the electrostatic charging/discharging of the ASW films and their dependences on film microstructure. When an irradiated ASW film was heated, our data suggested that the microstructure of the pores plays a significant role in the motion of ions in the water ice films at low temperatures.
In addition, optical microscopy showed spontaneous cracking during growth of ASW films. Our measurements showed that an ASW film will crack if its thickness exceeds a threshold that depends on the growth temperature and incident angle of the vapor flux. At about 44 K, cracking also occurred during the heating (10 K – 200 K) of a transparent ASW film (~ 1100 ML) deposited atop a Xe film. Surface potentials of the cracked films at the growth temperature and subsequent heating suggested that the cracking-induced defects affect the electrical properties of the ASW films at temperatures below ~100 K, by retaining the polarization or hindering the motion of ions at elevated temperatures.
The polarization and motion of ions in water ice have been studied for decades and are still controversial. Most of the earlier studies were done with the crystalline ice and the proposed models were relative to the proton tunneling across the hydrogen bond network restricted by the water rules. In the scattered reports on ASW, the microstructure of the pores was not explicitly taken into account. The results in this dissertation show that the electrical properties of ASW are determined by the microstructure (pores, cracks), rather than by the intrinsic dielectric behavior of the ice itself. ASW films serve as laboratory analogues of icy surfaces in space environments. However, the microstructure of the ASW strongly depends on the growth conditions, and the findings in this work suggest that care should be used in applying laboratory data to astrophysical problems for which growth conditions are not well known.
Degree:
PHD (Doctor of Philosophy)
Keywords:
astrophysics, atomic and surface physics, irradiation interactions
Language:
English
Rights:
All rights reserved (no additional license for public reuse)
Issued Date:
2014/11/20 | ESSENTIALAI-STEM |
McAfee acquires cloud security startup Skyhigh Networks, last valued at $400M – TechCrunch
After spinning out as a standalone security business from Intel earlier this year, McAfee has made its first acquisition. The company has acquired Skyhigh Networks, a specialist in cloud security, the companies announced today. The financial terms of the deal have not been disclosed, but here are a few data points: Skyhigh had raised over $106 million in funding, according to Crunchbase, most recently a Series D round a year ago, with its investors including Sequoia, Greylock and Salesforce. PitchBook, meanwhile, puts its most recent funding round at $400 million, one marker for the potential value of this deal. The deal is a sign of the ongoing trend for consolidation in the security industry, where smaller players are coming together under larger businesses to provide more security services under one roof. This makes sense on a couple of levels. For one, the issue of cybersecurity has become one of the most persistent in the market today, with malicious hacking a nightmare not just for businesses but individuals as more and more of our personal and not-so-personal information becoming digitised and moving to the cloud, putting it in the reach of both criminals and destructive pranksters. In the case of Skyhigh, McAfee — whose legacy business is in endpoint security — is specifically acquiring the company for that cloud expertise. Skyhigh CEO Rajiv Gupta will head McAfee’s cloud business unit. The other is the nature of how security services is evolving: we’re seeing a big shift to the use of data analytics and machine learning and other kinds of AI to be able to identify, track and stop cybercrime. Bringing together different services that can use and improve the bigger data pool makes all of those services stronger, potentially. “Skyhigh Networks had the foresight five years ago to realize that cybersecurity for cloud environments could not be an impediment to, or afterthought of, cloud adoption,” Chris Young, CEO of McAfee, said in a statement. “They pioneered an entirely new product category called cloud access security broker (CASB) that analysts describe as one of the fastest growing areas of information security investments of the last five years – where Skyhigh continues to innovate and lead. Skyhigh’s leadership in cloud security, combined with McAfee’s security portfolio strength, will set the company apart in helping organizations operate freely and securely to reach their full potential.” It’s not clear if Skyhigh was profitable, and where it stood on its funding, but this will be coupled with more investment into its business by McAfee, which was valued at $4.2 billion at the time of its spinout from Intel in April. “Becoming part of McAfee is the ideal next step in realizing Skyhigh Networks’ vision of not simply making the cloud secure, but making it the most secure environment for business,” Gupta said in a statement. “McAfee will provide global scale to further accelerate Skyhigh’s growth, with the combined company providing leading technologies and solutions across cloud and endpoint security – categories Skyhigh and McAfee respectively helped create, and the two architectural control points for enterprise security.” Skyhigh Networks already has produces in the areas of SaaS, PaaS and IaaS and a range of cloud-based security services around policy control both for apps in the cloud and on premises. We should expect to see more of that now being marketed to McAfee’s current roster of customers. The deal is expected to close pending regulatory approvals and other closing conditions. | NEWS-MULTISOURCE |
Tony Conrad, Experimental Filmmaker and Musician, Dies at 76
Tony Conrad, an experimental filmmaker, avant-garde musician and university educator who in the 1960s was a central figure in a flowering Lower Manhattan art movement, died on Saturday at a hospice in Cheektowaga, N.Y., near Buffalo. He was 76. Mr. Conrad’s gallerist, Carol Greene of the Greene Naftali gallery in Manhattan, confirmed his death. She said he had been treated for prostate cancer. Mr. Conrad was relentless and rigorous in expanding the parameters of the fields in which he worked. His early musical compositions, like “Four Violins” (1964), were high-volume sustained drones. His first film, “The Flicker” (1966), created a pulsating stroboscopic effect with alternating black and white frames. It was preceded by a stern warning that the film could induce epileptic seizures in certain spectators and that audience members remained in the theater at their own risk. Less assaultive but even harder to watch was Mr. Conrad’s “Yellow Movie” (1973) series, canvases painted with black-bordered white screens that, over time, would eventually turn yellow. Reached by email, Branden W. Joseph, the author of “Beyond the Dream Syndicate: Tony Conrad and the Arts After Cage” (2008), called Mr. Conrad “an integral part of the ‘secret history’ of the ’60s,” citing his influence on art forms “from camp cinema to structural film to minimal music to experimental rock ’n’ roll to video art and more.” Upon moving to New York after graduating from Harvard in the early 1960s, Mr. Conrad became a catalytic figure in the Lower East Side art scene. He performed as a violinist with the composer La Monte Young’s Theater of Eternal Music, also known as the Dream Syndicate. He assembled the soundtrack for Jack Smith’s underground movie “Flaming Creatures” (in which he also appeared). And, along with John Cale, a fellow member of the Dream Syndicate, he provided backup for a band called the Primitives, which featured Lou Reed on vocals. Mr. Reed and Mr. Cale went on to found the band the Velvet Underground, and though Mr. Conrad was never a member of it, he did contribute to it inadvertently: The group’s name was taken from the title of a lurid paperback on popular sexology that Mr. Conrad had found on the street and left in the Ludlow Street apartment he shared with Mr. Cale. Anthony Schmaltz Conrad was born on March 7, 1940, in Concord, N.H., the first child of Arthur Emil Conrad and the former Mary Elizabeth Parfitt. His father was a painter, whose portrait of Senator John C. Calhoun of South Carolina hangs in the United States Senate reception room. Mr. Conrad grew up in Baltimore and Northern Virginia. At Harvard he majored in mathematics and was exposed to the radically unconventional musical ideas of John Cage and Karlheinz Stockhausen, both of whom lectured in Cambridge, Mass. After his graduation in 1962, Mr. Conrad briefly worked as a computer programmer and immersed himself in New York’s experimental music scene. As part of Mr. Young’s ensemble, he performed seemingly improvisational pieces that involved holding notes for what might have felt like hours at a time. Some audiences found the music maddening; others were exalted. “It appeared as if Schoenberg had destroyed music,” Mr. Conrad said in an interview with The Guardian in March, referring to the revolutionary Austrian composer. “Then it appeared as if Cage had destroyed Schoenberg. Our project was to destroy Cage.” Mr. Conrad considered “The Flicker,” accompanied by a soundtrack of what he called “homemade electronic music,” to be an extension of ideas that he shared with Mr. Young. In a 1966 interview with the Village Voice critic Jonas Mekas, Mr. Conrad explained that he “was working within a form of light that is broken down not into areas or into colors but into frequencies.” As austere as it was, “The Flicker” had the power to cause viewers to see color patterns, and even to induce hallucinations. Although there were some who did not consider “The Flicker” to be a film at all, it was included at the 1966 New York Film Festival. A photograph of a festival audience watching the film shows most people shielding their eyes or plugging their ears — and one spectator who seems transfixed. In 1970, Anthology Film Archives, a center in New York for the preservation, study and exhibition of film and video, included “The Flicker” on its list of essential works of cinema art. Mr. Conrad went on to make several films with his first wife, Beverly Grant, an Off Off Broadway actress featured in several early Andy Warhol films. He had met her on the set of Jack Smith’s unfinished film “Normal Love,” a homage, begun in 1963, to the movies of Mr. Smith’s childhood. (Mr. Conrad played a character identified as the Mummy; Ms. Grant appeared as the Cobra Woman.) Mr. Conrad’s films with her included “Coming Attractions,” characterized in an advertisement as “the past loves and experiences of an aging transsexual, Francis Francine.” It was shown at the Whitney Museum of American Art in January 1971. Writing in The New York Times, the critic Roger Greenspun described it as “very funny and very beautiful moment by moment, funky and grand, decadent and vital, demonstrating and justifying a prodigiously complicated technique.” By then, Mr. Conrad was for the most part no longer playing music in public. But, while visiting West Germany with Ms. Grant in 1972, he made what proved to be a highly influential recording, “Outside the Dream Syndicate,” with the German progressive rock band Faust. He began teaching at the University at Buffalo in 1976, joining a media studies faculty that included the avant-garde filmmakers Hollis Frampton and Paul Sharits. Mr. Conrad concentrated on video and video installations and also made movies in Super-8 millimeter. Mr. Conrad and Ms. Grant divorced in 1976, and she died in 1990. His second marriage, to the artist Barbara Broughel, also ended in divorce. Survivors include his third wife, Paige Sarlin, a filmmaker and fellow faculty member at the university; his son, Theodore; and two grandchildren. In the late 1980s, frustrated that Mr. Young had refused to release existing tape recordings of Dream Syndicate performances, Mr. Conrad began recreating some and recording them. He released them on CD, along with vintage tape recordings of Jack Smith and others, in the late 1990s. According to Mr. Joseph, the author, interest in “Outside the Dream Syndicate,” reissued on CD, surged “after the commercial success, overexposure and rapid dilution of grunge rock sent an entire generation of musicians and listeners seeking ‘new blood.’” Mr. Conrad also achieved a new visibility in the art world, collaborating with younger artists like Mike Kelley and Tony Oursler. “Tony Conrad has slowly been emerging from avant-gardist obscurity over the past few years, and about time,” the critic Holland Cotter wrote in The Times on the occasion of Mr. Conrad’s solo show at the 80WSE Gallery in 2012. “His multifold career — as experimental film- and video-maker, composer, musician and sound artist — still looks radical and prescient a half-century after it began.” His last show, “Undone,” was at the Greene Naftali gallery this year. Adopted as an ancestor by both experimental musicians and alt-rockers, Mr. Conrad had been scheduled to appear with Faust at the Big Ears music festival in Knoxville, Tenn., this month. “You don’t know who I am,” Mr. Conrad told The Guardian in what may have been his last interview, “but somehow, indirectly, you’ve been affected by things I did.” An obituary on Monday and in some editions on Sunday about the experimental filmmaker and musician Tony Conrad misspelled the surname of the New York Times film critic who praised Mr. Conrad’s film “Coming Attractions.” He is Roger Greenspun, not Greenspan. The obituary in some editions on Sunday misstated the year of Mr. Conrad’s first film, “The Flicker.” It was 1966, not 1965. It also referred incorrectly to Mr. Conrad’s wife, Paige Sarlin. She is his third wife, not his second. And it misstated the year in which Branden W. Joseph’s book “Beyond the Dream Syndicate: Tony Conrad and the Arts After Cage” was published. It was 2008, not 2007. | NEWS-MULTISOURCE |
Dendrobium macropus
Dendrobium macropus, commonly known as the Norfolk Island cane orchid, is a species of epiphytic or lithophytic orchid in the family Orchidaceae and is endemic to Norfolk Island. It has cylindrical pseudobulbs, thin, dark green leaves and between five and ten yellowish green flowers that do not open widely.
Description
Dendrobium macropus is an epiphytic or lithophytic orchid with cylindrical, yellowish green, cane-like pseudobulbs 150-350 mm long and 8-11 mm wide. There are between three and six narrow lance-shaped leaves on the end of the pseudobulb. The leaves are 70-150 mm long and 10-25 mm wide. Between five and ten fragrant, creamy yellow flowers 8-10 mm long and wide are arranged on a flowering stem 50-100 mm long. The sepals are about 10 mm long and 4 mm wide, the petals a similar length but narrower. The labellum is similar to the petals in size and shape but curved. Flowering occurs between August and October but the flowers are self-pollinating and do not open widely.
Taxonomy and naming
The Norfolk island cane orchid was first described in 1833 by Stephan Endlicher who gave it the name Thelychiton macropus and published the description in his book Prodromus Florae Norfolkicae. In 1858 John Lindley changed the name to Dendrobium macropus based on a discovery by Heinrich Gustav Reichenbach. The specific epithet (macropus) is derived from the Ancient Greek words makros meaning "long" and pous meaning “foot”, alluding to the relatively long pseudobulb, in contrast to that of Dendrobium brachypus described by Endlicher at the same time.
Distribution and habitat
Dendrobium macropus occurs on Australia's external territory of Norfolk Island in the Tasman Sea. It grows on trees and rocks in humid forests.
Culture
This orchid featured on a postage stamp issued in Fiji in 1997. | WIKI |
Comparison of generated forces and apical microleakage using nickel-titanium and stainless steel finger spreaders in curved canals
Saman R. Gharai, Jeffrey R. Thorpe, James M. Strother, Scott B. McClanahan
Research output: Contribution to journalArticlepeer-review
13 Scopus citations
Abstract
The purpose of this study was to compare (a) forces generated during lateral compaction and (b) apical microleakage for nickel-titanium (NiTi) and stainless steel (SS) finger spreaders. Twenty-eight extracted human teeth were instrumented using a standardized rotary instrumentation technique. NiTi and SS #30 spreaders were used to obturate molar roots while the forces generated during obturation were measured on a Universal testing machine. Apical microleakage was determined using a fluid filtration method. There was no significant difference in microleakage between spreaders. NiTi spreaders produced significantly less force than SS spreaders in all specimens (p < 0.001).
Original languageEnglish (US)
Pages (from-to)198-200
Number of pages3
JournalJournal of Endodontics
Volume31
Issue number3
DOIs
StatePublished - Mar 2005
Fingerprint Dive into the research topics of 'Comparison of generated forces and apical microleakage using nickel-titanium and stainless steel finger spreaders in curved canals'. Together they form a unique fingerprint.
Cite this | ESSENTIALAI-STEM |
Fix signed convert subscript (#1248)
Fixed #1247.
1 file changed
tree: 5fc19513b36f652ce40c72ebcfd916bb609cb2df
1. .gitattributes
2. .gitignore
3. .gitmodules
4. .travis.yml
5. Contributing.md
6. LICENSE
7. README.md
8. deploy_key.enc
9. document/
10. interpreter/
11. papers/
12. proposals/
13. test/
14. w3c.json
15. wasm-specs.bib
README.md
Build Status
spec
This repository holds the sources for the WebAssembly draft specification (to seed a future WebAssembly Working Group), a reference implementation, and the official testsuite.
A formatted version of the spec is available here: webassembly.github.io/spec,
Participation is welcome. Discussions about new features, significant semantic changes, or any specification change likely to generate substantial discussion should take place in the WebAssembly design repository first, so that this spec repository can remain focused. And please follow the guidelines for contributing.
citing
For citing WebAssembly in LaTeX, use this bibtex file. | ESSENTIALAI-STEM |
SEXUAL MINORITIES UGANDA, Plaintiff, Appellee, v. Scott LIVELY, individually and as President of Abiding Truth Ministries, Defendant, Appellant.
No. 17-1593
United States Court of Appeals, First Circuit.
August 10, 2018
Mathew D. Staver, Orlando, FL, Horatio G. Mihet, Roger K. Gannam, Jacksonville, FL, Daniel J. Schmid, Mary E. McAlister, Orlando, FL, and Liberty Counsel on brief for appellant.
Pamela C. Spees, Lake Charles, LA, Jeena D. Shah, Baher Azmy, Judith Brown Chomsky, and Center for Constitutional Rights on brief for appellee.
Before Howard, Chief Judge, Selya and Barron, Circuit Judges.
SELYA, Circuit Judge.
This appeal reminds us that federal courts of appeals have no roving writ to review either a district court's word choices or its run-of-the-mill interlocutory orders. Given these limitations, we are left with two questions, the first of which can be resolved through principles of judicial estoppel and the second of which can be resolved through a recognition of the district court's broad discretion with respect to supplemental jurisdiction. When all is said and done, we dismiss some portions of this appeal for want of appellate jurisdiction and otherwise affirm the district court's dismissal of the underlying action.
I. BACKGROUND
We start by rehearsing the travel of the case. Those who hunger for greater factual detail should consult the district court's exegetic rescripts. See Sexual Minorities Uganda v. Lively (Lively II ), 254 F.Supp.3d 262 (D. Mass. 2017) ; Sexual Minorities Uganda v. Lively (Lively I ), 960 F.Supp.2d 304 (D. Mass. 2013).
Plaintiff-appellee Sexual Minorities Uganda (SMUG) is an unincorporated association whose members have banded together to advocate for fair and equal treatment of lesbian, gay, bisexual, transgender, and intersex (LGBTI) people living in that nation. In 2012, SMUG repaired to the federal district court in Massachusetts and sued defendant-appellant Scott Lively, asserting a claim under the Alien Tort Statute (ATS), 28 U.S.C. § 1350, and common-law claims for negligence and civil conspiracy. The complaint premised jurisdiction both on the ATS and on diversity of citizenship. As an anchor to windward, SMUG also invoked the district court's supplemental jurisdiction over the state-law claims.
The district court denied Lively's first motion to dismiss, see Lively I, 960 F.Supp.2d at 335, and the parties embarked on extensive pretrial discovery. In due season, Lively moved for summary judgment on all claims. See Fed. R. Civ. P. 56(a). He argued, inter alia, that the district court lacked subject-matter jurisdiction over the ATS claim due to the absence of evidence of unlawful domestic conduct, see Kiobel v. Royal Dutch Petroleum Co., 569 U.S. 108, 124-25, 133 S.Ct. 1659, 185 L.Ed.2d 671 (2013) ; that the court lacked diversity jurisdiction; and that the court should decline to exercise supplemental jurisdiction over the pendent state-law claims. SMUG opposed the motion, but the district court granted it, dismissing the ATS claim for want of subject-matter jurisdiction and declining to exercise supplemental jurisdiction over the state-law claims (which it dismissed without prejudice). See Lively II, 254 F.Supp.3d at 270-71. Although Lively was the prevailing party, he nonetheless appealed.
II. ANALYSIS
Lively chiefly faults the district court for including a series of unflattering statements in its dispositive opinion. Second, he says that the district court should have exercised diversity jurisdiction over SMUG's state-law claims. Diversity jurisdiction aside, he challenges both the district court's refusal to exercise supplemental jurisdiction over SMUG's state-law claims and its dismissal of those claims without prejudice (rather than with prejudice). Finally, he contends that the district court should have granted his first motion to dismiss in 2013. We take up these plaints one by one.
A. Purging the District Court's Opinion.
In his most loudly bruited claim of error, Lively beseeches us to purge certain unflattering statements from the district court's dispositive opinion. See, e.g., supra n.1. None of these statements, though, have any bearing on the analytical foundations of the dispositive order or impact the result. The statements are, therefore, dicta and, as such, they lack any binding or preclusive effect. See Kastigar v. United States, 406 U.S. 441, 454-55, 92 S.Ct. 1653, 32 L.Ed.2d 212 (1972) ; United States v. Barnes, 251 F.3d 251, 258 (1st Cir. 2001). Because they are not "in any sense necessary to the district court's judgment," we lack jurisdiction to entertain Lively's request that we excise them. United States v. Ottati & Goss, Inc., 900 F.2d 429, 443 (1st Cir. 1990) (Breyer, J.); see California v. Rooney, 483 U.S. 307, 311, 107 S.Ct. 2852, 97 L.Ed.2d 258 (1987) (per curiam). We explain briefly.
Lively's jurisdictional statement in this court predicated appellate jurisdiction on 28 U.S.C. § 1291. In enacting section 1291, Congress authorized the federal courts of appeals to review final orders and judgments of lower federal courts. See Cunningham v. Hamilton Cty., 527 U.S. 198, 203, 119 S.Ct. 1915, 144 L.Ed.2d 184 (1999). We thus review "judgments, not statements in opinions." Black v. Cutter Labs., 351 U.S. 292, 297, 76 S.Ct. 824, 100 L.Ed. 1188 (1956) ; see Williams v. United States (In re Williams ), 156 F.3d 86, 90 (1st Cir. 1998). Generally speaking, only a party aggrieved by a final order or judgment may avail himself of the statutory right to appeal embodied in section 1291.
See Cunningham, 527 U.S. at 203, 119 S.Ct. 1915 ; Espinal-Dominguez v. Puerto Rico, 352 F.3d 490, 495 (1st Cir. 2003). As a practical matter, this means that we typically review appeals by parties who lost in the lower court and confine our inquiry to findings that were necessary to sustain the final judgment. See Elec. Fittings Corp. v. Thomas & Betts Co., 307 U.S. 241, 242, 59 S.Ct. 860, 83 L.Ed. 1263 (1939) ; Vaquería Tres Monjitas, Inc. v. Pagan, 748 F.3d 21, 27-28 (1st Cir. 2014).
It follows that a party-like Lively-who has obtained a favorable final judgment may not "seek review of uncongenial findings not essential to the judgment and not binding upon [him] in future litigation." Mathias v. WorldCom Techs., Inc., 535 U.S. 682, 684, 122 S.Ct. 1780, 152 L.Ed.2d 911 (2002) (per curiam); see Elkin v. Metro. Prop. & Cas. Ins. Co. (In re Shkolnikov ), 470 F.3d 22, 24 (1st Cir. 2006). A necessary corollary of this proposition is that "a winner cannot appeal a judgment merely because there are passages in the court's opinion that displease him." Abbs v. Sullivan, 963 F.2d 918, 924 (7th Cir. 1992) ; see Navieros Inter-Americanos, S.A. v. M/V Vasilia Express, 120 F.3d 304, 316 (1st Cir. 1997). Such a praxis stems not only from the language and clear intendment of section 1291 itself, but also from prudential considerations. An appellate court's "resources are not well spent superintending each word a lower court utters en route to a final judgment in the [appellant's] favor." Camreta v. Greene, 563 U.S. 692, 704, 131 S.Ct. 2020, 179 L.Ed.2d 1118 (2011). We conclude, therefore, that we lack jurisdiction to entertain Lively's request that we purge certain unflattering comments from the district court's opinion.
To be sure, the Supreme Court has on rare occasions determined that a party who won below was nonetheless injured by a final judgment and that policies "of sufficient importance" justified entertaining an appeal. Id. (quoting Deposit Guar. Nat. Bank v. Roper, 445 U.S. 326, 336 n.7, 100 S.Ct. 1166, 63 L.Ed.2d 427 (1980) ). Lively labors to fit his appeal into one such exception. In Electrical Fittings, the judgment contained a legal finding that was unfavorable to the prevailing party. See 307 U.S. at 242, 59 S.Ct. 860. The Court entertained the appeal, "not for the purpose of passing on the merits, but to direct the reformation of the decree." Id.
Trying to fit this case into the contours of Electrical Fittings is like trying to fit a square peg into a round hole. The judgment from which Lively appeals simply dismisses SMUG's action; it does not include any findings adverse to Lively. The Electrical Fittings exception has no application where, as here, the language complained of does "not appear on the face of the judgment" but, rather, appears in the accompanying opinion. In re DES Litig., 7 F.3d 20, 25 (2d Cir. 1993) ; accord United States v. Fletcher ex rel. Fletcher, 805 F.3d 596, 605 (5th Cir. 2015). In short, there is nothing for us to excise.
Searching for traction, Lively complains that the challenged statements damaged his reputation. Whether or not this is true, the overriding principle is that "critical comments made in the course of a trial court's wonted functions-say, factfinding or opinion writing-... provide no independent basis for an appeal." In re Williams, 156 F.3d at 92. Lively's embarrassment in the face of the district court's unflattering comments, without more, cannot suffice to manufacture appellate jurisdiction where none exists. See id.; see also In re Shkolnikov, 470 F.3d at 25.
Leaving no stone unturned, Lively attacks the unflattering comments from yet another direction. He contends that the district court, acting ultra vires, entered findings on the merits of the ATS claim and that we have jurisdiction to vacate those findings. In support, he notes that some courts have entertained appeals by prevailing parties for the purpose of vacating unfavorable merits-related findings entered by lower courts after their subject-matter jurisdiction has dissipated. See, e.g., Envtl. Prot. Info. Ctr., Inc. v. Pac. Lumber Co., 257 F.3d 1071, 1077 (9th Cir. 2001) ; New Jersey v. Heldor Indus., Inc., 989 F.2d 702, 708-09 (3d Cir. 1993). Attempting to draw a parallel, Lively submits that the court below adjudicated SMUG's claim under international law even after recognizing the absence of federal subject-matter jurisdiction over that claim.
This attempt at parallelism does not withstand scrutiny. We agree that a decision on the merits by a court lacking subject-matter jurisdiction is an utter nullity, without binding effect. See Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 101-02, 118 S.Ct. 1003, 140 L.Ed.2d 210 (1998). Here, however, the district court never purported to adjudicate the substantive merits of SMUG's ATS claim. Rather, it limited itself to "[t]he much narrower and more technical question" of whether the evidence of domestic misconduct was sufficient to confer subject-matter jurisdiction over the claim. Lively II, 254 F.Supp.3d at 264. Lively's argument that the district court decided the merits of the ATS claim is simply wrong.
At times, Lively suggests that a different provision, 28 U.S.C. § 2106, operates independently to supply a basis for appellate jurisdiction. This argument misses the mark. Section 2106 empowers courts of appeals to "affirm, modify, vacate, set aside or reverse any judgment, decree, or order of a court lawfully brought before it for review" and to "remand the cause and direct the entry of such appropriate judgment, decree, or order, or require such further proceedings to be had as may be just under the circumstances." The statute thus enumerates the extensive remedial authority available to a court of appeals, see Will v. Calvert Fire Ins. Co., 437 U.S. 655, 661, 98 S.Ct. 2552, 57 L.Ed.2d 504 (1978) (plurality opinion), not the sort of orders that may be appealed.
That ends this aspect of the matter. We lack jurisdiction to entertain Lively's importunings that we purge certain unflattering comments from the district court's opinion. Consequently, this portion of Lively's appeal must be dismissed for want of appellate jurisdiction.
B. Alternative Basis for District Court Jurisdiction.
The district court's dismissal of SMUG's ATS claim, see Lively II, 254 F.Supp.3d at 271, destroyed the primary hook on which the district court's federal jurisdiction was hung. With federal jurisdiction extinguished, the district court moved directly to a consideration of whether it should exercise supplemental jurisdiction over what it viewed as SMUG's pendent state-law claims. See id. at 270-71. On appeal, Lively asserts that the district court missed a step: SMUG's complaint contained an allegation of diversity jurisdiction, see 28 U.S.C. 1332(a), and-in Lively's view-that allegation assured the district court's jurisdiction over SMUG's state-law claims even after SMUG's foundational federal claim was jettisoned.
We accept the underlying premise on which Lively's assertion rests: when a district court has diversity jurisdiction, it normally has the obligation to exercise that jurisdiction. See Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 356, 108 S.Ct. 614, 98 L.Ed.2d 720 (1988). We disagree, however, with Lively's conclusion. Although SMUG's complaint alleged jurisdiction under the ATS and the diversity statute, Lively consistently argued in the district court that diversity jurisdiction was a myth. For example, Lively denied the existence of diversity jurisdiction in his answer to the complaint. Likewise, in his summary judgment brief, Lively maintained that "SMUG cannot establish diversity jurisdiction."
Given the "no diversity" litigating position that Lively adopted in the district court, SMUG argues that he should be foreclosed, as a matter of equity, from taking a directly contradictory position on appeal. This argument hits home: it brings into bold relief the doctrine of judicial estoppel, under which a litigant may be precluded "from prevailing in one phase of a case on an argument and then relying on a contradictory argument to prevail in another phase." Pegram v. Herdrich, 530 U.S. 211, 227 n.8, 120 S.Ct. 2143, 147 L.Ed.2d 164 (2000). Such an equitable doctrine safeguards "the integrity of the courts by preventing parties from improperly manipulating the machinery of the judicial system." Alt. Sys. Concepts, Inc. v. Synopsys, Inc., 374 F.3d 23, 33 (1st Cir. 2004).
Judicial estoppel is not to be applied by a court as a matter of course but, rather, is to be applied at the court's discretion. See New Hampshire v. Maine, 532 U.S. 742, 750, 121 S.Ct. 1808, 149 L.Ed.2d 968 (2001). This discretion is not boundless. See id. Judicial estoppel must be "applied with caution to avoid impinging on the truth-seeking function of the court." Perry v. Blum, 629 F.3d 1, 11 (1st Cir. 2010) (quoting Teledyne Indus., Inc. v. NLRB, 911 F.2d 1214, 1218 (6th Cir. 1990) ).
Here, however, judicial estoppel is a good fit. Taken element by element, the doctrine appears closely tailored to the circumstances of the case, and the relevant equities weigh heavily in favor of a straightforward application of judicial estoppel.
It is settled that a party may be judicially estopped when its current position is plainly inconsistent with its earlier position, see New Hampshire, 532 U.S. at 750, 121 S.Ct. 1808, such that the two positions are "mutually exclusive," Alt. Sys. Concepts, 374 F.3d at 33. In addition, the party must have persuaded the first tribunal to accept its earlier position, such that judicial adoption "of an inconsistent position in a later proceeding would create 'the perception that either the first or the second court was misled.'" New Hampshire, 532 U.S. at 750, 121 S.Ct. 1808 (quoting Edwards v. Aetna Life Ins. Co., 690 F.2d 595, 599 (6th Cir. 1982) ); see Alt. Sys. Concepts, 374 F.3d at 33. Finally, the court should consider whether the party "seeking to assert an inconsistent position would derive an unfair advantage or impose an unfair detriment on the opposing party if not estopped." New Hampshire, 532 U.S. at 751, 121 S.Ct. 1808. What counts most "is not whether a party ... relied on the [prior] position, but rather whether the court did so in reaching its decision." Rederford v. U.S. Airways, Inc., 589 F.3d 30, 38 (1st Cir. 2009).
The first element of the judicial estoppel framework is not open to serious question: Lively all but concedes that his position on appeal flatly contradicts the position that he took below. The second element is also satisfied. An issue need not always be decided explicitly but, rather, may sometimes be decided implicitly, as when the resolution of that issue comprises, either logically or practically, an essential part of the ordering court's decision. See Stoehr v. Mohamed, 244 F.3d 206, 208 (1st Cir. 2001) (per curiam). So it is here. The district court unarguably bought what Lively was selling: although it did not expressly address the existence vel non of diversity jurisdiction in its dispositive ruling, its dismissal of the action necessarily adopted Lively's argument that diversity jurisdiction was lacking. No more is exigible to satisfy the second element. See United States v. Pakala, 568 F.3d 47, 60 (1st Cir. 2009).
So, too, the third element was satisfied. Lively obtained a significant benefit from his disavowal of diversity jurisdiction: an order terminating the five-year-long federal case against him and forcing SMUG to litigate outside its preferred forum.
To complete the picture, we do not believe either that SMUG would obtain an undue benefit or that Lively would be unfairly disadvantaged were we to apply judicial estoppel. After all, both sides remain free to litigate the state-law claims on the merits in an appropriate forum. Cf. United Mine Workers of Am. v. Gibbs, 383 U.S. 715, 726, 86 S.Ct. 1130, 16 L.Ed.2d 218 (1966) (observing that state courts provide "a surer-footed reading" of state law); Kando v. R.I. State Bd. of Elections, 880 F.3d 53, 61 n.4 (1st Cir. 2018) (recognizing that state courts are best equipped "to expand the frontiers of state law"). Although Lively raises a gallimaufry of defenses to the state-law claims under the First Amendment, our decision in no way forecloses him from raising these merits-based defenses in state court. See Burt v. Titlow, 571 U.S. 12, 19, 134 S.Ct. 10, 187 L.Ed.2d 348 (2013).
In this case, there is every reason to invoke judicial estoppel-and no sound reason to discard it. We conclude, therefore, that the doctrine of judicial estoppel operates to hold Lively to his prior representations regarding the absence of diversity jurisdiction. Thus, judicial estoppel bars Lively's belated effort to show that the district court, even after dismissing the ATS claim, had an alternative basis for federal subject-matter jurisdiction.
Seeking to shift the trajectory of the debate, Lively argues that principles of estoppel are inappropriate in the context of subject-matter jurisdiction. In support, he relies on the proposition that subject-matter jurisdiction cannot be waived or created by acquiescence. See Gonzalez v. Thaler, 565 U.S. 134, 141, 132 S.Ct. 641, 181 L.Ed.2d 619 (2012) ; see also Lawless v. Steward Health Care Sys., LLC, 894 F.3d 9, 16 (1st Cir. 2018). This proposition is unassailable: it arises out of a frank recognition that the boundaries of federal subject-matter jurisdiction are circumscribed by Article III and congressional action, with the result that a federal court may not employ equitable doctrines in a manner that would gratuitously enlarge federal judicial authority. See Erie Ins. Exch. v. Erie Indem. Co., 722 F.3d 154, 162-63 (3d Cir. 2013).
Lively overlooks, though, that this is a one-way ratchet. Even though federal subject-matter jurisdiction cannot be established through waiver or estoppel, it may be defeated by waiver or estoppel. For example, a federal court is not required to assume jurisdiction under a theory that a party has waived. See Merrell Dow Pharms., Inc. v. Thompson, 478 U.S. 804, 809 n.6, 106 S.Ct. 3229, 92 L.Ed.2d 650 (1986) ; Am. Vantage Cos. v. Table Mountain Rancheria, 292 F.3d 1091, 1101 & n.11 (9th Cir. 2002) ; Kale v. Combined Ins. Co. of Am., 924 F.2d 1161, 1165, 1169 (1st Cir. 1991). So, too, although the doctrine of judicial estoppel cannot be applied to create federal subject-matter jurisdiction that is otherwise lacking, it may be applied to prevent a party from basing federal subject-matter jurisdiction on facts that directly contradict his previous representations to another tribunal. See Lydon v. Bos. Sand & Gravel Co., 175 F.3d 6, 12-13 (1st Cir. 1999).
Lydon guides our inquiry. There, we deemed it appropriate to apply judicial estoppel in order to prevent a party from gaining an advantage through "patently unfair" conduct that was "destructive to the integrity of the judicial system." Id. at 13. The same sort of situation obtains here: Lively and his counsel owed a duty of candor to the district court, see Nix v. Whiteside, 475 U.S. 157, 174, 106 S.Ct. 988, 89 L.Ed.2d 123 (1986) ; see also Fed. R. Civ. P. 11 ; they told that court that diversity jurisdiction did not exist; and they secured a dismissal of the pending federal suit, partially as a result of that disclaimer. When a party makes a representation to a court, there is no unfairness in insisting that he live with its consequences. Accordingly, there is no principled way in which we can now permit Lively to embrace a directly contradictory position "simply because his interests have changed." New Hampshire, 532 U.S. at 749, 121 S.Ct. 1808 (quoting Davis v. Wakelee, 156 U.S. 680, 689, 15 S.Ct. 555, 39 L.Ed. 578 (1895) ). Any other outcome would "rais[e] the specter of inconsistent determinations and endanger[ ] the integrity of the judicial process." Alt. Sys. Concepts, 374 F.3d at 33.
C. Refusal to Exercise Supplemental Jurisdiction.
As a fallback, Lively complains that the district court abused its discretion in declining to exercise supplemental jurisdiction over SMUG's state-law claims. In Lively's view, the court should have exercised such jurisdiction, resolved SMUG's pendent claims in his favor, and dismissed them with prejudice.
We have jurisdiction to review this plaint. When the district court declined to exercise supplemental jurisdiction, it dismissed SMUG's state-law claims without prejudice. See Lively II, 254 F.Supp.3d at 270-271. We may hear a prevailing defendant's appeal on a dismissal without prejudice when the defendant argues that the case should have been dismissed with prejudice. See El Paso Nat. Gas Co. v. United States, 750 F.3d 863, 885 (D.C. Cir. 2014) ; Briscoe v. Fine, 444 F.3d 478, 495-96 (6th Cir. 2006) ; H.R. Techs., Inc. v. Astechnologies, Inc., 275 F.3d 1378, 1382 (Fed. Cir. 2002) ; Amazon, Inc. v. Dirt Camp, Inc., 273 F.3d 1271, 1275-76 (10th Cir. 2001) ; Labuhn v. Bulkmatic Transp. Co., 865 F.2d 119, 122 (7th Cir. 1988) ; see also 15A Charles Alan Wright et al., Federal Practice and Procedure § 3914.6 (3d ed. 2018). Such a defendant suffers a cognizable injury since the decree, rather than terminating the litigation, subjects him to the risks of additional proceedings in state court. See Jarvis v. Nobel/Sysco Food Servs. Co., 985 F.2d 1419, 1424-26 (10th Cir. 1993) ; Disher v. Info. Res., Inc., 873 F.2d 136, 138-39 (7th Cir. 1989).
Although Lively wins the jurisdictional battle over this issue, he loses the war. On the merits, we find his argument unpersuasive. The baseline rule is that the dismissal of a foundational federal claim does not deprive a federal court of authority to exercise supplemental jurisdiction over pendent state-law claims. See Lawless, 894 F.3d at 19. Instead, such a dismissal "sets the stage for an exercise" of the district court's broad discretion. Roche v. John Hancock Mut. Life Ins. Co., 81 F.3d 249, 256-57 (1st Cir. 1996). In such a situation, the factors to be considered by a district court in determining whether to exercise supplemental jurisdiction include "judicial economy, convenience, fairness, and comity." Cohill, 484 U.S. at 350 n.7, 108 S.Ct. 614. Additionally, the court may consider other relevant factors, including the presence of novel or sensitive issues of state law. See Rodriguez v. Doral Mortg. Corp., 57 F.3d 1168, 1177 (1st Cir. 1995) ; see also 28 U.S.C. § 1367(c)(1).
Upon the pretrial dismissal of SMUG's foundational federal claim, the district court assessed the appropriate mix of factors. It concluded that the balance of those factors favored dismissal of the state-law claims. See Lively II, 254 F.Supp.3d at 270-71. In reaching this conclusion, the court emphasized that the state-law claims raised sensitive and undeveloped questions of state law. See id. Weighing everything in the balance, the court declined to exercise supplemental jurisdiction over the state-law claims and dismissed them without prejudice. See id. On whole-record review, we discern no abuse of discretion in the district court's declination of supplemental jurisdiction.
Lively's asseveration that the district court should have dismissed the state-law claims with prejudice rings hollow. It is clear beyond hope of contradiction that a district court, upon appropriately declining to exercise supplemental jurisdiction, must dismiss the unadjudicated state-law claims without prejudice, not with prejudice. See United States ex. rel. Kelly v. Novartis Pharms. Corp., 827 F.3d 5, 16 (1st Cir. 2016). The court below properly applied this prescription.
D. A Loose End.
There is one loose end. Lively asks us to reverse the district court's 2013 order denying his first motion to dismiss. However, we lack jurisdiction to entertain this claim of error.
As we have said, our appellate jurisdiction is ordinarily limited to the review of final orders and judgments. See In re Shkolnikov, 470 F.3d at 24. Under section 1291, "prior interlocutory orders merge with the final judgment in a case, and the interlocutory orders (to the extent that they affect the final judgment) may be reviewed on appeal from the final order." In re Westinghouse Sec. Litig., 90 F.3d 696, 706 (3d Cir. 1996) (Alito, J.). By contrast, interlocutory orders that have no impact on the final judgment are generally unreviewable. See Hoefer v. Bd. of Educ., 820 F.3d 58, 62 (2d Cir. 2016) ; Klamath Strategic Inv. Fund ex rel. St. Croix Ventures v. United States, 568 F.3d 537, 546 (5th Cir. 2009). This case falls within the general rule of non-reviewability, not within any exception to it.
Lively's first motion to dismiss was made under Federal Rule of Civil Procedure 12(b). When an order denying a Rule 12(b) motion has no effect on the ultimate disposition of the case, that order is unreviewable. See Foy v. Schantz, Schatzman & Aaronson, P.A., 108 F.3d 1347, 1350 (11th Cir. 1997).
This is such a case. Subsequent to the denial of Lively's first motion to dismiss, see Lively I, 960 F.Supp.2d at 335, Lively's arguments about extraterritoriality ultimately prevailed: the district court granted his summary judgment motion and dismissed SMUG's ATS claim, see Lively II, 254 F.Supp.3d at 271. The district court's denial of Lively's first motion to dismiss, therefore, "never ripened into a judgment and had no effect on the outcome of the case." Hoefer, 820 F.3d at 62-63. As such, we lack jurisdiction to review it. See Foy, 108 F.3d at 1350 ; cf. Ortiz v. Jordan, 562 U.S. 180, 183-84, 131 S.Ct. 884, 178 L.Ed.2d 703 (2011) (holding denial of summary judgment unreviewable following full trial on merits and verdict).
III. CONCLUSION
We need go no further. For the reasons elucidated above, we dismiss the appeal in part for want of appellate jurisdiction and otherwise affirm the judgment below. Costs shall be taxed in favor of SMUG.
So Ordered.
Most prominently, the court suggested that Lively "aided and abetted a vicious and frightening campaign of repression against LGBTI persons in Uganda" and that such actions amounted to "violations of international law." Lively II, 254 F.Supp.3d at 264.
Like most general rules, the rule of finality is subject to exceptions and variations. For instance, the Supreme Court has recognized a "narrow class" of appealable interlocutory orders "that are conclusive, that resolve important questions completely separate from the merits, and that would render such important questions effectively unreviewable on appeal from final judgment in the underlying action" if not immediately reviewed. Dig. Equip. Corp. v. Desktop Direct, Inc., 511 U.S. 863, 867, 114 S.Ct. 1992, 128 L.Ed.2d 842 (1994) ; see Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 546, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). Lively does not contend that this collateral order doctrine has any relevance here.
Most circuits-including this circuit-appear to have taken a narrower view regarding the reviewability of findings that are unnecessary to the judgment. See, e.g., Cooper Indus., Ltd. v. Nat'l Union Fire Ins. Co. of Pittsburgh, 876 F.3d 119, 126 (5th Cir. 2017) ("Appellate courts review judgments, not opinions."); Tesco Corp. v. Nat'l Oilwell Varco, L.P., 804 F.3d 1367, 1379 (Fed. Cir. 2015) (same); United States v. Rivera, 613 F.3d 1046, 1051 (11th Cir. 2010) (same); United States v. Accra Pac, Inc., 173 F.3d 630, 632 (7th Cir. 1999) (same); In re Williams, 156 F.3d at 90 (same). For present purposes, it suffices for us to assume (without deciding) that the slightly broader view articulated in the cases upon which Lively relies may be good law.
The district court did suggest in passing that Lively might have violated international law, but it did so without any meaningful analysis. See Lively II, 254 F.Supp.3d at 264. This suggestion is plainly dictum. As a result, it should not be accorded any binding effect in future litigation between the parties. See Barnes, 251 F.3d at 258 ; Dedham Water Co. v. Cumberland Farms Dairy, Inc., 972 F.2d 453, 459 (1st Cir. 1992).
We note that the presence of this third element, though relevant, is "not a sine qua non" for the application of judicial estoppel. Alt. Sys. Concepts, 374 F.3d at 33.
Although there is a suggestion in one of our earlier cases that a party may lack standing to appeal a without-prejudice dismissal, see Kale, 924 F.2d at 1169 (dictum), this suggestion was not made in a situation in which the complaining party was arguing for a with-prejudice dismissal. In any event, the suggestion is dictum and, as such, lacks any binding effect. See Dedham Water, 972 F.2d at 459.
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