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Mosquitos & Immune Deficiency with Dr. Royal Lee
In a time of the Internet and fake news, let’s look at Dr. Lee and his statement in 1950 that the media took as fake news: “In recent tests, mosquitoes refused to bite people who were well supplied with vitamin B1. Therefore, it could be inferred that malnutrition now is to be considered a basic cause of malaria.”
Websites like quackwatch.org have had a field day with some of Dr. Lee’s statements, calling him and most of the other pioneers in nutrition “quacks.” But let’s look a little deeper into what Dr. Lee’s actual statement was trying to show us, and how the message can get misdirected by those of lesser character.
_______________________________________________________________________
The Mosquito and Immune Deficiency, by Dr. Royal Lee, 1950.
Dr. Lee and Mosquito Bites:
“In recent tests, mosquitoes refused to bite people who were well supplied with vitamin B1. Therefore, it could be inferred that malnutrition now is to be considered a basic cause of malaria. Also, it has been found that lice leave rats and other animals if they are supplied with a better vitamin intake. Fleas were found to leave dogs that were being treated with vitamins for pneumonia.”
A Pandora’s Box
“If insect bites and parasites, as well as bacterial invasion, can be mainly a consequence of malnutrition, by a loss of power of the body to fight off these instruments of degeneration and possible death, what a Pandora’s Box we have opened when we started meddling with our natural food supply! Sleeping sickness, typhus, malaria, bubonic plague, and yellow fever are in that class of disease in which the bacterial infection is likely the secondary cause of disease. The primary cause is a lowered resistance of the human immune system. It’s the body’s inability to repel those lice, fleas, or mosquitoes that carry the infectious organisms, as well as lowering our resistance, so we now attract those organisms.
If this resistance depends upon a high vitamin diet, it is obvious that outbreaks of the above list of fearful diseases are made more possible by a poor diet, causing vitamin and mineral deficiencies, creating malnutrition.”
Definition Of Malnutrition
“Malnutrition is the condition that develops when the body does not get the right amount of the essential vitamins, minerals, and other nutrients it needs to maintain healthy tissues and organ function.”
______________________________________________________
IFNH Commentary by John Brady, Director.
I would hope we all are aware of the flaw in Pasteur’s germ theory, about how all diseases are the result of those pesky germs flying around, looking for an orifice to enter the body to attack us when we least expect it. When I was lecturing, I had great fun showing a slide of President Ronald Reagan’s colon and where his cancer was located. Then dramatically asking the audience, if the germ theory was correct, from which orifice did that pesky cancer germ enter?
The reality of Dr. Lee’s statement is so profound, that it’s lost in its simplicity of today’s high-tech world. If you eat foods that upset your digestion, blocking proper absorption of the nutrients and minerals your body needs to keep the glands and organs balanced to function properly, you’re forcing your liver to become toxic. Degenerative disease of all types thrives on toxicity. So how can you expect your immune system to work like it should and protect you if you’re toxic?
Dr. Lee emphasizes over and over again, that when you interfere with calcium metabolism (which is essential for a strong immune system) by eating refined carbohydrates, white sugar and foods that are high in starch, you’re going to have weakened immune issues and be more susceptible to sickness of every kind.
The major difference of what we are saying is: We are looking at health and prevention, where the common paradigm today looks at only pathology and disease. If you look at the way Dr. Lee created his formulas, you will start to understand what was happening. Since we’re talking about the immune system, let’s look at Immuplex with:
• Raw bone meal protomorphogen to help with calcium metabolism,
• Raw thymus gland protomorphogen to strengthen the immune response,
• Raw liver protomorphogen to help alleviate toxic stress on the liver.
• It also has raw spleen protomorphogen; raw spleen gland that acts as a filter for red blood cell platelets. White blood cells are recycled and stored in the spleen.
Wow, aren’t you happy that’s all in one capsule?! But all kidding aside, you can see how Dr. Lee was interested in supporting the immune system through the support of glandular function. Yet we’re repetitively told through pharmaceutical ads that those side effects affecting digestion, liver and biliary functions are really unimportant? Without those basic body functions operating in unison, we cannot absorb the minerals and vitamins our body needs. So, why not make sure the patient understands why they want to use the Page Food Plan and how a good diet and lifestyle supports them.
I know Stephen Barnett (the author of quackwatch) frowns on this approach, but what can we expect better from him – a self-proclaimed expert witness on nutrition science and medicine, who has yet to practice one day of medicine in these fields? He prefers to sit on the sidelines making degrading statements about those that are actually practicing, for his own benefit.
He is an unlicensed psychiatrist, who failed his psychiatric boards and has been criticized for his lack of expertise by several courts. In a Canadian lawsuit against Barrett the court found the following: “The sole purpose of the activities of Barrett & Baratz are to discredit and cause damage and harm to healthcare practitioners, businesses that make alternative health therapies or products available, and advocates of non-allopathic therapies and health freedom.”
8 thoughts on “Mosquitos & Immune Deficiency with Dr. Royal Lee
1. Nancy Brokaw, MS NC
It’s interesting, since I have been using Immuplex in all my clients with pathogens of any kind, and in men who had prostate problems, and those problems resolve more quickly. Calcium absorption is a critical part of the treatment, and the raw bone meal in Immuplex is a contributing factor. Also Congaplex. Those two supplements alone are invaluable in treating almost all pathogens. Catalyn is the go-to in building the immune system as well.
As a side note, I always give one Immuplex (along with Magnesium Lactate) to those who are taking Calcium Lactate. It helps to quickly heal poison ivy, mosquito bites and spider bites quickly. This is because the level of blood cacium determines how one reacts to the above.
Dr. Lee had some phenomenal insights! He has done an incredible service to people of all walks and for many generations! Thank God for men like him.
N Brokaw
1. IFNH
Thank you for sharing your experience Nancy! I will share your comments with John. ~ IFNH Staff.
2. Nancy Taylor, DC
😂😂😂😂😂 So Barrett isn’t even a doctor, I never knew that. I met Dr. Renfield in KC at one of our CCC assemblies (another self proclaimed quack buster.) He convinced a lot of chiropractic students not to do muscle testing. Like either of those guys have a clue.
We know who is the real quack quack !
1. IFNH
Thank you for your comment Nancy!
3. Dr. Richard Betts
Whoever wrote this article needs to include their name as the author either at the beginning or the end of the article as I would like to thank that person for a well written explanation. I would further like to ask for permission to print out the article and have in my waiting area for patients to pick up and read.
1. IFNH
Hi Dr. Betts. Thank you for your comment. I have added our Director’s name to the IFNH Commentary portion of the article. Yes, you can absolutely print the article. In fact, we can send you a pdf you can print out. I will email it to you. ~ IFNH Staff.
1. IFNH
You’re welcome Dr. Bender! Thank you for your support. ~IFNH Staff
Leave a Reply
Your email address will not be published. Required fields are marked * | ESSENTIALAI-STEM |
Project Child
Project Child or Project “CHILD”, an initiative of Society for Promotion of School Health (SPSH), is the oldest and most comprehensive School Health Programme of Assam. It incorporates the emergency, preventive, promotive and curative aspect of School Health Care, as well as, addressing all the needs of a school student.
‘CHILD’ is an acronym for "Child Health Intellectual and Lifestyle Development". The project is an initiative of a group of more than 40 doctors under the banner of Society for Promotion of School Health and Lifestyle Consultancy (SPSH) and has been active since 2008. To date, this project has covered the life of roughly 3, 10,000 students in Assam; of these, around 10,000 students are from Guwahati city.
Schools Covered
The following are schools covered under this initiative:
* 1) Faculty Higher Secondary School
* 2) Don Bosco High School, Guwahati
* 3) Maria's Public School
* 4) Assam Don Bosco University
* 5) Pragjyotish Sr. Secondary School
* 6) Pragjyotish School
* 7) Faculty School
* 8) Faculty School
* 9) Shirdi Sai Vidya Mandir
* 10) Maria Montessori School
* 11) Modern English School
* 12) Delhi Public School
* 13) South Point School
* 14) St. Francis De Sales School
* 15) Gurukul Grammar Senior Secondary School
* 16) Holy Child School
* 17) Gyan Educational Institution
* 18) Sanskriti Gurukul | WIKI |
Eggs and Obesity
It is estimated that 62.8% of Australian adults are currently overweight or obese (11.2 million people)1. Overall more men (70.8%) are overweight or obese than women (56.3%)1 and rates have increased over the last 2 decades. In 1995, 56.3% of adults were classified as overweight or obese. Rates increase with age with 79.4% of men and 65.7% of women, aged 45 years and over, classified as overweight or obese in 2014-151. Waist circumference measurements provide a similar picture with more than half (58.8%) of all men and (65.4%) of all women aged 18 years and over having a waist circumference that puts them at an increased risk of developing chronic diseases1.
Overweight and obesity also affects children, with 27.4% of Australian children classified as either overweight or obese in the 2014-15 Australian Health Survey1. Similar rates were found in 2011-12 with 25.3% of children aged 5-17 overweight or obese2.
Eggs are a good source of high quality protein and provide at least 11 vitamins and minerals making them a valuable food in the diet for weight management. Eggs are also relatively low in kilojoules, with a serve of eggs* providing just 7% of a person’s daily kilojoule requirements - around the same amount of kilojoules as 2 medium apples or 2 small slices of whole grain bread.
Weight management approaches
Individuals can lose weight on a variety of dietary approaches that reduce energy intake in some way. A review of the effectiveness of diets including low-fat, low-carbohydrate and Mediterranean approaches as well as commercial slimming approaches, meal replacements and intermittent fasting found that optimizing adherence is the most important factor for success3. Individuals vary in their preferences and ability to adhere to different diets. In the 2011-12 National Nutrition and Physical Activity Survey4, 24.4% of Australian adults on some kind of diet reported they opted for a ‘low carbohydrate diet’ or a ‘high protein diet’.
Some of the benefits of a higher protein approach to weight management have been investigated in a number of systematic reviews and meta-analysis5-7. Higher protein diets ranging in composition from 27% to 35% dietary energy from protein have shown improvements in body weight, fat mass and triglycerides in short term studies5,6. Furthermore, a systematic review and meta-analysis7 investigating the long term benefits found that a difference of 5% or greater in percentage protein between diets at 12 months was associated with a 3 times greater fat mass loss (0.9kg vs 0.3kg). The short term benefits of higher protein diets appear to persist to a small degree long term, particularly with better compliance to the diet.
Overall, the evidence to date suggests that higher-protein diets that contain between 1.2 and 1.6g protein/kg bodyweight/day and potentially include meal-specific protein quantities of at least ∼25–30g protein/meal provide improvements in appetite, body weight management, cardiometabolic risk factors, or all of these health outcomes8.
Higher protein diets rely on regular serves of a wide range of high quality protein rich foods. Low saturated fat meals incorporating eggs would provide such protein and contribute to the variety of foods that are encouraged in this type of eating plan.
Eggs, satiety and appetite control
Few studies have looked specifically at the effect of eggs on weight loss however there is some evidence that supports the inclusion of eggs in an energy restricted diet with one study suggesting eggs may enhance weight loss9-11.
Egg consumption impacts acute satiety and appetite responses, particularly in adults12-14. It has been demonstrated that eggs play a role in increasing levels of the satiety hormone cholecystokinin, delay gastric emptying, reduce glucose and insulin levels15 as well as decrease total energy intake post consumption16.
Weight Maintenance
For many individuals, the most difficult part of the weight management journey is maintaining the weight loss long term. Results of one of the largest diet studies to date, The Diogenes study17 showed that the best diet to maintain weight after weight loss, is higher in protein and lower in high-glycemic carbohydrates. The high protein (25% energy), low GI diet resulted in less weight regain over a 6 month period after an 8 week initial weight loss period compared to other dietary approaches17. In an investigation of the effect of protein and low GI on weight maintenance after 12 months, the higher protein content was the key to the diet’s improved weight loss maintenance18. A 2014 systematic review and meta-analysis concluded that the short-term benefits of higher protein diets persist to a small degree in the longer term and that compliance with the diet leads to greater benefits7.
Conclusions
Overall, research to date suggests there is no one dietary pattern for weight management that will suit all individuals. However, one of the challenges for all dietary approaches aimed at weight loss is meeting recommended dietary intakes within a kilojoule-controlled diet and the current best available research suggests higher protein intakes may be an effective way of achieving this. Furthermore evidence also supports a role for higher protein diets in improving fat loss, lean muscle mass and weight maintenance. Eggs are a nutrient dense food, providing 581 kilojoules per serve*, a high quality source of protein and 11 vitamins and minerals. While different weight loss diets are suitable for different people, eggs, as a nutrient dense food, are likely to play a useful role in most approaches, particularly higher protein options.
This statement is for healthcare professionals only.
*One serve = 2x60g eggs (104g edible portion)
Useful links:
Dietitians Association of Australia: www.daa.asn.au
References:
1. Australian Bureau of Statistics. National Health Survey: First Results, 2014-15 (ABS, Canberra, 2015).
2. Australian Bureau of Statistics. Australian Health Survey; First Results 2011-2012. (ABS, Canberra, ACT, Australia, 2012).
3. Thom, G. & Lean, M. Is There an Optimal Diet for Weight Management and Metabolic Health? Gastroenterology 152, 1739-1751 (2017).
4. Australian Bureau of Statistics. Australian Health Survey: Nutrition First Results - Foods and Nutrients, 2011-12 (ed. Australian Bureau of Statistics) (Canberra, ACT, Australia, 2014).
5. Santesso, N., et al. Effects of higher- versus lower-protein diets on health outcomes: a systematic review and meta-analysis. Eur J Clin Nutr 66, 780-788 (2012).
6. Wycherley, T.P., Moran, L.J., Clifton, P.M., Noakes, M. & Brinkworth, G.D. Effects of energy-restricted high-protein, low-fat compared with standard-protein, low-fat diets: a meta-analysis of randomized controlled trials. Am J Clin Nutr [Epub ahead of print](2012).
7. Clifton, P.M., Condo, D. & Keogh, J.B. Long term weight maintenance after advice to consume low carbohydrate, higher protein diets--a systematic review and meta analysis. Nutr Metab Cardiovasc Dis 24, 224-235 (2014).
8. Leidy, H.J., et al. The role of protein in weight loss and maintenance. Am J Clin Nutr 101, 1320S-1329S (2015).
9. Mutungi, G., et al. Dietary cholesterol from eggs increases plasma HDL cholesterol in overweight men consuming a carbohydrate-restricted diet. J Nutr 138, 272-276 (2008).
10. Vander Wal, J., Gupta, A., Khosla, P. & Dhurandhar, N.V. Egg breakfast enhances weight loss. Int J Obes (Lond), 1545-1551(2008).
11. Harman, N.L., Leeds, A.R. & Griffin, B.A. Increased dietary cholesterol does not increase plasma low density lipoprotein when accompanied by an energy-restricted diet and weight loss. Eur J Nutr 47, 287-293 (2008).
12. Ratliff, J., et al. Consuming eggs for breakfast influences plasma glucose and ghrelin, while reducing energy intake during the next 24 hours in adult men. Nutr Res 30, 96-103 (2010).
13. Fallaize, R., Wilson, L., Gray, J., Morgan, L.M. & Griffin, B.A. Variation in the effects of three different breakfast meals on subjective satiety and subsequent intake of energy at lunch and evening meal. Eur J Nutr [Epub ahead of print](2012).
14. Rains, T.M., Leidy, H.J., Sanoshy, K.D., Lawless, A.L. & Maki, K.C. A randomized, controlled, crossover trial to assess the acute appetitive and metabolic effects of sausage and egg-based convenience breakfast meals in overweight premenopausal women. Nutr J 14, 17 (2015).
15. Pelletier, X., et al. Effect of egg consumption in healthy volunteers: influence of yolk, white or whole-egg on gastric emptying and on glycemic and hormonal responses. Ann Nutr Metab 40, 109-115 (1996).
16. Vander Wal, J.S., Marth, J.M., Khosla, P., Jen, K.L. & Dhurandhar, N.V. Short-term effect of eggs on satiety in overweight and obese subjects. J Am Coll Nutr 24, 510-515 (2005).
17. Larsen, T.M., et al. Diets with High or Low Protein Content and Glycemic Index for Weight-Loss Maintenance. N Eng J Med 363, 2102-2113 (2010).
18. Aller, E.E.J.G., et al. Weight loss maintenance in overweight subjects on ad libitum diets with high or low protein content and glycemic index: the DIOGENES trial 12-month results. Int J Obes 38, 1511-1517 (2014). | ESSENTIALAI-STEM |
cellulose ether
cellulose ether
[′sel·yə‚lōs ′ē·thər]
(organic chemistry)
The product of the partial or complete etherification of the hydroxyl groups in a cellulose molecule.
McGraw-Hill Dictionary of Scientific & Technical Terms, 6E, Copyright © 2003 by The McGraw-Hill Companies, Inc.
References in periodicals archive ?
Klucel MS HPC is a non-ionic water-soluble cellulose ether with a versatile combination of properties.
(12) Among the cellulose ether derivatives, hydroxypropyl methyl cellulose (HPMC) has been widely investigated for its drug-releasing effect as compared with methyl cellulose and hydroxypropyl cellulose (HPC).
Likewise, organic chemicals are further divided into carbohydrates including sugar (actual sugar, sugar alcohol, artificial sweetener), starch (modified, converted, dried) and cellulose (cellulose ether, cellulose ester, croscarmellose sodium, microcrystalline cellulose), petrochemicals including glycol (polyethylene, propylene glycol), povidone, mineral hydrocarbons (petrolatum, mineral waxes, mineral oils), acrylic polymers, others (antimicrobials, antioxidants, dyes & lakes), oleochemicals including fatty alcohol, mineral stearate, glycerin and others (alcohol, citric acid, lactic acid, polysaccharide gums, Shellac), proteins including gelatin and others including water for injection and purified water.
CMC is able to improve the mechanical and barrier properties of pea starch-based films [4]; Because of its pronounced visco- elastic and structure-forming properties, the cellulose ether sodium carboxymethylcellulose (Na-CMC) is employed as a flow enhancer, stabilizer, and also as an agent for binding, suspending and thickening.
Summary: Macromolecular prodrugs (MPDs) of mefenamic acid were designed onto a cellulose ether derivative hydroxypropylcellulose (HPC) as ester conjugates.
Candidate materials for spinning include polyolefins, polyacetals, polyamides, polyesters, cellulose ether and esters, polyalkylene sulfides, polyarylene oxides, and polysulfones.
% of a thermoplastic cellulose selected from cellulose ether and cellulose alkanoate with 2 to 10 carbons in an alkano-ate group having a melting point temperature between about 100[degrees] C.
A review of cellulose ether in hydrophilic matrices for oral controlled release dosage forms.
It has been the most important ionic cellulose ether with a worldwide annual production of 300,000 tons .
(OTC Bulletin Board: CRUI), a manufacturer and distributor of cellulose ether additives for use in the production of pharmaceuticals, construction materials, polyvinyl chloride products, foods, beverages and cosmetics, has announced its financial results for the second quarter of 2011.
Processing is easier, and costs are lower than for the common sauce binder and the cellulose ether. As the Purafarin[R] product has a high opacity and creates a creamy full-bodied mouthfeel, the content of cream or creme fraiche in soups can be significantly reduced while achieving the same results.
Larger molecules such as cellulose ether and xanthum gum increased viscosity, but did not cut diffusion rates.
Full browser ? | ESSENTIALAI-STEM |
Page:Stories after Nature.pdf/50
26 thou hast betrayed is its own avenger. Though thou hast deserted it, liberty, sweet liberty, shall be its own champion. It is a word to melt the crowns of tyrants yet: and for such petty worms as you, that eat their way into our human hearts, and take the life-blood smiling, her foot is on thee—her arm of vengeance can reach thee on thrones, or in palaces. Know me for Christian!" And he raised his arm to strike him; but Frederick called for mercy and pardon. Christian said, "Pardon thou hast, but mercy none—and yet a little—as much as thou didst give Gustavus. Art thou so mean a beast as to wish to live in thine own filth, a tyrant's engine of unholy wrath?—O fool! O fool! how worse than mad. What hast thou lost? Where are the shouts up from a thousand hearts made happy by shaking the dull leaves from overblown oppression? Where is the echo that high heaven would send in answer to that peal? Where is thy banner in the victory—thine oath—thine honour—and thy name in heaven? All gone. Would you yet wish to live? Where is thine hatred to a tyrant king? All turned to love—nay, worse, to callous nothing. Thyself remembering, but all else forgot that makes thee worth remembrance. I forget thee not. Poor worm, dost struggle? This for the cause of | WIKI |
Volatile corrosion inhibitors (VCI), also known as vapor phase corrosion inhibitors (VpCI), protect from rust and corrosion to ensure the integrity of any metal surface. … AGMs VCI products protect metals with a chemically absorbed molecular layer that provides multi-metal corrosion protection.
What is a Vaportini? vaportini reviews.
Contents
How do vapor corrosion inhibitors work?
How do Vapor Corrosion Inhibitors work? The compounds that VCIs release into an airspace actively prevent corrosion by forming strong bonds with a metal surface, promoting and maintaining the natural and healthy passive oxide layer on the metal.
What are Vapour phase inhibitors give one example?
When present as vapors, certain organic compounds offer inhibition against the corrosion of ferrous and nonferrous materials. The inhibitors include aliphatic, aromatic, cyclo- hexylamines, aminonitrobenzoates, heteroalkylated lower amines, etc.
What is Vapour phase corrosion?
The VpCI particles travel through the air as a vapour and form an invisible protective layer on the surface of metals which prevents oxygen, moisture and other corrosive elements from making contact with the metal surfaces. …
What is the most common corrosion inhibitor?
The most common inhibitors of this category are the silicates and the phosphates. Sodium silicate, for example, is used in many domestic water softeners to prevent the occurrence of rust water. In aerated hot water systems, sodium silicate protects steel, copper, and brass.
Which is corrosion inhibitor?
A corrosion inhibitor is a chemical compound that, when added to a liquid or gas, decreases the corrosion rate of a material, typically a metal or an alloy, that comes into contact with the fluid. The effectiveness of a corrosion inhibitor depends on fluid composition, quantity of water, and flow regime.
Are corrosion inhibitors safe?
The use of inhibitors is one of the best options of protecting metals against corrosion. Several inhibitors in use are either synthesized from cheap raw material or chosen from compounds having heteroatoms in their aromatic or long-chain carbon system. However, most of these inhibitors are toxic to the environment.
What are the 3 types of inhibitors and how do they work?
There are three kinds of reversible inhibitors: competitive, noncompetitive/mixed, and uncompetitive inhibitors. Competitive inhibitors, as the name suggests, compete with substrates to bind to the enzyme at the same time. The inhibitor has an affinity for the active site of an enzyme where the substrate also binds to.
What is Vapour phase process?
Vapor Phase Deposition is a process widely used in the semiconductor and biotechnology industries for the deposition of a thin film of various materials in order to achieve precise surface modification.
What is inhibitors and its types?
There are two types of inhibitors; competitive and noncompetitive inhibitors. Competitive inhibitors bind to the active site of the enzyme and prevent substrate from binding.
What is Vapour phase composition?
Liquid phase 78%, 22% vapour phase 52.44%, 47.56%
What are the four 4 main types of corrosion?
• Uniform Corrosion. Uniform corrosion is considered an even attack across the surface of a material and is the most common type of corrosion. …
• Pitting Corrosion. …
• Crevice Corrosion. …
• Intergranular Corrosion. …
• Stress Corrosion Cracking (SCC) …
• Galvanic Corrosion. …
• Conclusion.
Is regular wd40 a rust inhibitor?
WD-40 Specialist® Corrosion Inhibitor is an anti-rust spray ideal for preventative maintenance and use in extreme environments such as high humidity. … It has a long-lasting formula to protect metal parts by blocking rust and corrosion for up to 1 year outdoors or 2 years indoors. A must have for corrosion protection.
What is the best corrosion resistant material?
1. Stainless steel. Stainless steel alloys are renowned for the corrosion-resistance, ductility, and high strength.
Where are corrosion inhibitors used?
As they are used to control serious corrosion in aggressive environments — including those with acids, cooling waters, and steam — major businesses using corrosion inhibitors include oil and gas exploration and production, petroleum refining, chemical manufacturing, heavy manufacturing, water treatment, and the
What is rust and corrosion inhibitors?
Rust preventatives and corrosion inhibitors are lubricants, greases, oils, or fluid additives that form a protective film or barrier to prevent the formation of rust or corrosion. … Most antirust agents and moisture-proofing products leave a film that prevents water or corrosive chemicals from reaching a metal surface.
What is anti corrosion solution?
Anti-corrosion describes measures that are used to combat the occurrence and progression of corrosion. … There are many of anti-corrosion techniques such as the use of inhibitors, coatings or the utilization of cathodic protection systems—all of which deter the consequences of corrosion.
Which is worse corrosion or rust?
CORROSION VS. RUSTCORROSIONRUSTDepending on the material, corrosion can emerge in different colors such as blue and green.Rust has an orange brown color.
What is the difference between corrosive and toxic?
An irritant toxic chemical causes reversible damage to skin or other organ system, whereas a corrosive agent produces irreversible damage, namely, visible necrosis into integumentary layers, following application of a substance for up to 4 hours.
What does corrosion do to your body?
How are corrosives hazardous to my health? Corrosives can burn and destroy body tissues on contact. The stronger, or more concentrated, the corrosive material is and the longer it touches the body, the worse the injuries will be. Some corrosives are toxic and can cause other health problems.
What is a good example of an inhibitor?
Examples of enzyme-inhibiting agents are cimetidine, erythromycin, ciprofloxacin, and isoniazid.
What is the function of an inhibitor?
In chemistry, inhibitors are molecules that slow down or stop a chemical reaction from taking place. In general, there are two kinds of inhibitors, reversible and irreversible inhibitors. Reversible inhibitors slow down a chemical reaction, but do not stop it completely.
What do inhibitors mean?
Definition of inhibitor : one that inhibits: such as. a : an agent that slows or interferes with a chemical action. b : a substance that reduces or suppresses the activity of another substance (such as an enzyme)
Is vapor phase the same as gas phase?
Difference between Vapor and Gas Vapour is a mixture of two or more different phases at room temperature, these phases are liquid and gaseous phase. Gas usually contains a single thermodynamic state at room temperature. Vapour has a collection of particles without any definite shape when observed under a microscope.
Which process is Vapour phase refining process?
(i) Vapour phase refining: It is the process of refining metal by converting it into its volatile compound and then, decomposing it to obtain a pure metal.
What is the difference between inhibitor and blocker?
Non-competitive antagonists block the action of the agonist by binding to a different site on the receptor (an allosteric or non-agonist site). … Inhibitors are drugs that can bind to a protein, such as an enzyme and decrease its activity.
What is another word for inhibitor?
restrictionhindrancecheckcurbinhibitiontrammeldrawbackfetterstopcrimp
How do you identify inhibitors?
Competitive inhibitors bind to the active site of the target enzyme. Km is the substrate concentration at which the reaction rate is at half Vmax. A competitive inhibitor can be outcompeted by adding additional substrate; thus Vmax is unaffected, since it can be accomplished with enough additional substrate.
What are the two requirements for Vapour phase refining?
Answer: Two requirements for vapour phase refining are (i) The metal should form a volatile compound with an available reagent. (ii) The volatile compound should be easily recovered by decomposition.
Why is the composition of the vapor different from the composition of the solution?
As it turns out, the composition of the vapor will be different than that of the two liquids, with the more volatile compound having a larger mole fraction in the vapor phase than in the liquid phase.
What are the 8 most common types of corrosion?
• Galvanic/Bimetallic Corrosion. Bimetallic corrosion, also known as galvanic corrosion, is the corrosion that occurs when two dissimilar metals are directly or indirectly in contact with each other. …
• Crevice Corrosion. …
• Pitting Corrosion. …
• Intergranular Corrosion. …
• Erosion Corrosion. …
• Stress Corrosion Cracking.
What are the 3 main types of corrosion?
• Uniform corrosion is the most common variant of corrosion. …
• Localized corrosion comes in many variations, such as pitting, crevice corrosion, and filiform corrosion.
• Galvanic corrosion is the result of a very specific set of conditions.
What is C4 corrosion?
C4 – High. Example exterior environments include: industrial areas and coastal areas with moderate salinity. Example interior environments include: chemical plants, swimming pools, coastal ship and boat yards.
Is vinegar a rust inhibitor?
You can use white vinegar for effective rust removal. The rust reacts with the vinegar and later dissolves. Simply soak the rusty metal object in white vinegar for a couple of hours and then just wipe to remove the rust. … Alternatively, you can also use a cloth soaked with white vinegar to wipe the object.
Is baking soda a rust inhibitor?
Hi, Elky. Baking soda (bicarbonate of soda, sodium bicarbonate, NaHCO3) is slightly alkaline and is dry, two environmental factors that tend to deter rusting. Also, compared to one of the alternatives, acid dipping, which leaves metal active and prone to flash rusting, you are avoiding that.
What is a natural rust inhibitor?
Use limes, lemons, and salt to scrub away rust. … Create a paste from tartar, baking soda, and hydrogen peroxide for rust treatment. Mix vinegar, baking soda, and salt into a homemade rust remover.
Which corrosion is more resistant?
Most Resistant: Red Metals This category includes copper and its alloys, brass and bronze. These are the luxury metals. They’re at least as corrosion resistant as stainless steel, but beauty costs money. When they oxidize, the red metals just won’t corrode — but they do turn a bit green from oxygen exposure.
Is 304 or 316 more corrosion resistant?
316 stainless steel is more resistant to corrosion, especially from chlorides, than 304 stainless steel. That makes it a common choice for marine equipment and other applications in which the material is exposed to extremely high concentrations of chlorides or other oxidation agents.
What is the most damage resistant material?
Sorbothane® is the most efficient energy absorbing material available today. It is the best shock resistant material on the market. | ESSENTIALAI-STEM |
This issue tracker has been migrated to GitHub, and is currently read-only.
For more information, see the GitHub FAQs in the Python's Developer Guide.
Author terry.reedy
Recipients dmi.baranov, ezio.melotti, flox, georg.brandl, giampaolo.rodola, icordasc, lesmana, ncoghlan, petri.lehtinen, psss, r.david.murray, terry.reedy
Date 2013-04-30.17:19:03
SpamBayes Score -1.0
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OK, you would make tracebacks even longer by adding lines that might or might not be be useful. Suppose the error is not the assertion itself, but in one of the expressions (in this case, being compared for equality):
self.assertEqual(1/0,
1000)
Or reverse the two expressions, or replace the method call with an assert statement and join the expressions with '=='. Would you still print both lines?
My experience on python-list is that people more often have a problem with a whole line being too much context, not too little. Someone writes 'print(complicated_expression)' and gets a Unicode error. Is the problem the expression or the printing of the result to a limited charset console? Both cases have been posted. I sometimes advise people to break their elegant one-liners into two or more lines to make the actual error expression more obvious. If we were to revise the CPython compiler and traceback generator, that is what I think the aim should be. Such a change would include printing multiple lines when the expression spans multiple lines. This might have to be limited to debug builds.
History
Date User Action Args
2013-04-30 17:19:03terry.reedysetrecipients: + terry.reedy, georg.brandl, ncoghlan, giampaolo.rodola, ezio.melotti, psss, r.david.murray, flox, lesmana, petri.lehtinen, icordasc, dmi.baranov
2013-04-30 17:19:03terry.reedysetmessageid: <1367342343.54.0.125674029303.issue12458@psf.upfronthosting.co.za>
2013-04-30 17:19:03terry.reedylinkissue12458 messages
2013-04-30 17:19:03terry.reedycreate | ESSENTIALAI-STEM |
Public Service Unit Sells Two Coal-Burning Power Plants
Public Service Enterprise Group Incorporated 's PEG subsidiary PSEG Power LLC (PSEG) recently announced the sale of its two coal-burning power plants to Hilco Redevelopment Partners LLC, an operating company within Hilco Global.
The two coal-burning plants were built in the 1960s and retired in June 2017. The coal sites are Hudson Generating Station in Jersey City/Secaucus and Mercer Generating Station at Hamilton Township. The company's divestment compliments the goal of eliminating 13 million metric tons of CO2-equivalent emissions by 2030 from 2005 levels.
Public Service Enterprise's Renewable Target
Apart from focusing on transmission and distribution infrastructure, Public Service Enterprise is expanding its renewable assets. As of Dec 31, 2017, PSEG Power owned and operated 414-megawatt dc (MW) of photovoltaic solar generation facilities across various states. The company is currently pursuing two solar initiatives, namely the Solar Loan Program and the Solar 4 All and Solar 4 All Extension programs.
Also, the company's another subsidiary Public Service Electric and Gas Company aims to file its proposed Clean Energy Future program, a six-year estimated $2.9-billion project, looking to achieve New Jersey's energy efficiency goals and support electric vehicle infrastructure as well as battery storage initiatives. Such initiatives should boost the company's footprint in the renewable space.
Transition to Cleaner Source
The power generation from coal in the United States is plagued by numerous challenges ranging from domestic to international markets. In the United States, stiff competition from natural gas, stringent regulations and an additional impetus to solar and wind power generation through the extension of tax credits are steadily luring away utility operators from the natural commodity.
Though the Clean Power Plan has been repealed by President Donald Trump, we could still find investors shying away from investing in coal fired plants and even new investments are being directed toward natural gas and renewable-based power production. To this end, utilities like NextEra Energy NEE , Dominion Energy D and Duke Energy Corp. DUK are already investing in heaps to create a green energy generation portfolio, thus enhancing focus on electricity from clean fuel sources.
The U.S. Energy Information Administration's (EIA) report indicates that the share of U.S. total utility-scale electricity generation from renewable sources will increase from 10% in 2018 to 11% in 2019. EIA expects natural gas to generate nearly 35% of U.S. electricity in 2018 and 2019, up from 32% in 2017 while coal is estimated to contribute 26% in 2019, down from 28% in 2018. The above prediction from EIA signals the preference to or against the legislation supporting the usage of coal.
Price Movement
In the past 12 months, shares of Public Service Enterprise have gained 2.6%, underperforming the industry 's growth of 3.2%.
Zacks Rank
Public Service Enterprise currently has a Zacks Rank #3 (Hold). You can see the complete list of today's Zacks #1 Rank (Strong Buy) stocks here .
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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 |
User:Fakeymcute/sandbox
Fakey's Fake Sandbox
Here is where I write content before I put it out in public for the whole Internet to read.
Thinking of dropping some Al Gore knowledge on Wikipedia. I will drop the knowledge on my sandbox first. Here are some places I got the knowledge:
* https://www.washingtonpost.com/news/fact-checker/wp/2013/11/04/a-cautionary-tale-for-politicians-al-gore-and-the-invention-of-the-internet/?utm_term=.82460c15708b
* https://books.google.com/books?id=nIujZwEACAAJ&dq=al+gore+internet&hl=en&sa=X&ved=0ahUKEwiT0ITg28vZAhWng1QKHWoUBgAQ6AEIRjAF
* http://journals.sagepub.com/doi/abs/10.1177/136787790000300215
* http://heinonline.org/HOL/Page?handle=hein.journals/hjlt16&id=271&collection=journals
Al Gore Invented the Internet
Al Gore invented the internet. Actually, he didn't really invent the internet. But according to other sources, he did invent the internet. | WIKI |
The Christian Brothers
The Christian Brothers is a play by Australian writer Ron Blair first performed in 1975. It is a one-man play about a teacher at a Christian Brothers school. It was based on Blair's experience of studying at the Christian Brothers school in Lewisham, Sydney and has come to be regarded as an Australian classic. Peter Carroll performed in the original Nimrod Theatre production, which was directed by John Bell and designed by Larry Eastwood. The play has been revived a number of times, including the 1991 production at the Q Theatre, Penrith with Neil Fitzpatrick, directed by Helmut Bakaitis. | WIKI |
02 Aug 2022
This blog looks at an illustrated log recently added to the collection of papers from the naval career of Admiral Sir Watkin Owen Pell. It reveals how a prize crew was shipwrecked and captured on the enemy’s coast during the Napoleonic Wars.
by Graham Thompson, Archivist and Assistant Curator
The background to this log is Pell’s service as first lieutenant on the frigate HMS Mercury during an outbreak of prize-taking in the Adriatic. Much of the earlier British naval war effort against France had focused on a blockade in the western Mediterranean theatre.
By the year 1809 however, the kingdom of Naples had become a French puppet state, and then a series of military defeats suffered by Austria resulted in both sides of the Adriatic falling under French control.
Fears of a further expansion of Napoleon’s empire resulted in British warships including the Mercury being sent to disrupt the enemy’s trade and shipbuilding capacity in the Adriatic. During this campaign, Pell directed boat attacks that succeeded in the taking of two prizes, the gunboat Leda from Rovigno on 1 April 1809, and the schooner Pugliese from Barletta on 7 September 1809.
Reports of the gallantry of 7 September 1809 highlighted the fact that the Pugliese was captured without any casualties or injuries on the British side, despite the operation being carried out within the range of much enemy musketry, a castle mounting eight guns, and two French privateers.
On the following day, Richard Hildyard, master of the Mercury, was put in charge of the Pugliese and commenced his log. It provides us with a sequel very different in tone to the story of Pell’s success at Barletta.
The log tells us how the crew of the Pugliese, consisting of Hildyard, two midshipmen and seven seamen, had orders to follow the Mercury towards the island of Lussin (now Lošinj). However, their progress was beset with problems. Finding their rudder to be defective, they had to put into Lissa (now Vis), an island with a safe anchorage that became a strategic base for the British navy.
While waiting for repairs and supplies, Hildyard was reluctantly drawn into disputes arising from the behaviour of Maltese and Sicilian privateers, who were preying on local traffic in the Adriatic.
The Pugliese later reached Fiume (now Rijeka), and presumably because that port had fallen under French control, the crew were ordered to follow the Mercury to Malta. However, after being hampered by strong gales and taking on a lot of water, their situation became perilous.
Exhausted from the fatigue of constantly bailing out water from the hold, their only hope lay in reaching the safety of the British squadron at Corfu.
On 4 October the schooner went aground off the Italian mainland, and the following day drifted closer to the shore.
The crew abandoned the Pugliese on a beach to the north of San Cataldo, near the city of Lecce, hoping to find another boat to attempt an escape.
However, they were soon outnumbered by enemy troops from the local garrison and had to give themselves up as prisoners of war. As they were marched off to be put into quarantine at Brindisi, they observed boats from HMS Excellent, sent to destroy the Pugliese by setting fire to her.
Despite initial promises to the contrary, the crew found themselves closely confined and indifferently treated at a castle in Brindisi. Luckily, they were able to purchase some necessities from sympathetic locals and so recover from their shipwreck ordeal.
From early November 1809 onwards, Hildyard wrote letters to the local military commander and minister of war to petition for better treatment. Subsequently, the prisoners were held instead at Taranto, and then by Christmas of 1809 they were at Castle Carmine in Naples. Here they could rely on the interest of those inhabitants of the city who had relations among French officers held as prisoners of war in Malta.
Ultimately, there was the prospect of being sent to Sicily on parole. At this time, Sicily was occupied by British forces, so British prisoners sent there under a flag of truce could be exchanged for French prisoners sent from Malta.
In March 1810 Hildyard was ordered to leave his crew behind at Naples and embark on a French gunboat for Salerno. After further journeys towards the southern tip of Italy, Hildyard was able to make the crossing to Messina on parole and wait there for a prisoner exchange. Presumably, he regained his freedom soon after 13 May 1810, the date of the last entry in the log of the Pugliese.
We know that Hildyard received a pension for his wounds by an Admiralty order of August 1811. Then his signature in the log PLL/89 can be matched against that shown in a marriage record in the parish of Alkborough, Lincolnshire, from July 1813. In retirement he lived in the Hull area, where local newspapers mention that a musket ball had perforated one of his wrists during his service as a naval officer.
As a master, Hildyard would have been skilled in navigation and seamanship, but his career had been marred by charges of misconduct. The letter ‘R’, signifying run or deserted, was placed against his name in the ship’s book of HMS Pluto in May 1805. Despite Hildyard’s explanation that he had failed to join the ship because of an unrelated legal action, Commander Richard Janverin of the Pluto threatened a court martial.
The ‘R’ was finally removed by Admiralty order in March 1807, following Hildyard’s direct appeal to The Navy Board in January of the same year. His certificate of service can be found in the warrant officers volume ADM 29/1 held at The National Archives (TNA). It appears to state that he was engaged on the Mercury until 29 October 1809, but there are no clues as to how he returned home.
The ordeal of shipwreck and capture told by the log is a counterpoint to those manuscripts and works of art that convey the rewards of prize-taking during the Napoleonic Wars. It gives us insight into the experiences of British prisoners of war, though from the perspective of a warrant officer, who had sufficient status to be given opportunities to petition and regain his freedom.
One of the mysteries that remains is how Hildyard’s log came to be in the possession of the Pell family. We know that it was used by Sarah M. Maude née Pell when she was compiling information for a biography of her father. Perhaps she was making a comparison with the paintings by Huggins when she referred to the pen and ink drawings in Hildyard’s log as ‘scenes most telling but somewhat grotesque’.
Sarah M. Maude’s transcript of the log of the Pugliese can be found in the Pell collection (RMG reference: PLL/82).
A copy of Hildyard’s appeal to have the ‘R’ removed from his service record is enclosed with a letter dated 2 March 1807 in the volume of Navy Board correspondence from 1807 (RMG reference: ADM/B/225).
High Court of Admiralty papers relating to the prize Pugliese captured in 1809 can be found under the reference HCA 32/1814/2735 at The National Archives (TNA).
The British campaign in the Adriatic and in particular its use of the island of Lissa (now Vis) are covered in ‘The British and Vis: War in the Adriatic 1805-15’ by Malcolm Scott Hardy, Archaeopress, 2009.
A record of the marriage of Richard Hildyard and Sarah Sutton in the parish of Alkborough, Lincolnshire, on 22 July 1813 can be found using the Findmypast website. | FINEWEB-EDU |
Tips on Installing a New Window
LAST week, this column focused on selecting new windows. If you decide to buy one, you will need three measurements before you can place the order: the rough opening, the outside dimensions and the thickness of the wall. To find the rough opening, pry off the interior casing then measure the distance between the studs on either side of the window and the distance between the rough sill and the header. Measure the height and width of the frame, i.e., the dimensions of the jamb, to determine the outside dimensions. To find the thickness of the wall, poke a ruler in the gap between the stud and the window frame. Take the measurement from the leading edge of the stud (where the outside sheathing is mounted) to the interior edge of the wallboard. Take these measurements with you when you buy the new window; they will help the dealer to select the ideal size for your opening. | NEWS-MULTISOURCE |
Abdul Wahab Khan (judge)
Abdul Wahab Khan (c. 1924–1 September 2013) was a Bangladeshi judge and a Jatiya Sangsad member representing the Manikganj-3 constituency during 1996–2001.
Career
Khan wrote novels, including Kolkata Theke Dhaka and Jakhan Ami Munsef Chhilam. | WIKI |
Template:Attached KML/Tennessee State Route 296
overpass-turbo.eu export Filtered OSM data converted to KML by overpass turbo. Copyright: The data included in this document is from www.openstreetmap.org. The data is made available under ODbL. Timestamp: 2023-06-24T21:43:14Z -84.8847472,36.3808704 -84.8858254,36.3809438 -84.8860665,36.3809632 -84.8896114,36.3812489 -84.891494,36.3813633 -84.8941238,36.3815659 -84.8950829,36.3816541 -84.8959954,36.3817157 -84.8979571,36.3818628 -84.8987406,36.3819275 -84.8997266,36.3819994 -84.9005522,36.3820596 -84.9006397,36.3820677 -84.9026205,36.3822137 -84.9031136,36.3822534 -84.9032885,36.3822675 -84.904695,36.3823808 -84.9063521,36.3825277 -84.9119382,36.3829544 -84.912309,36.3829874 -84.9123881,36.3829944 -84.9128117,36.3830321 -84.9140652,36.3831435 -84.9174916,36.3834162 -84.9186475,36.3835082 -84.9187708,36.383518 -84.9200096,36.3836297 -84.9218723,36.3837811 -84.9234641,36.3840101 -84.9251106,36.3843793 -84.9263332,36.3847331 -84.9270334,36.384952 -84.9283696,36.3853912 -84.9305731,36.3860799 -84.933049,36.386849 -84.9338499,36.3871272 -84.9341692,36.387251 -84.9347968,36.3875036 -84.9354298,36.3878178 -84.9363203,36.3882399 -84.9368116,36.3884962 -84.9372236,36.388567 -84.9376185,36.3886363 -84.9378633,36.3886758 | WIKI |
Tuesday, 15 February 2011
jQuery Colorbox - resizing iframe to match content
The designers and HTMLers I work with are a pernickety bunch, and rightfully so. Quite often they want a lightbox-type overlay for a form that can vary in size depending on what selections the user makes in the form, and when the form is submitted a small thank you message is displayed. They want the overlay to resize itself when the content changes.
Until recently we were using colorbox with divs, not iframes, as there was seemingly no way of resizing the iframe to match content. The knock-on effect of this was a whole heap of trouble trying to avoid postbacks of the overlay content as the parent page would postback too.
Using an iframe would make things so much easier technically as we could postback all we wanted in our overlay, opening up the opportunity for server-validation, pagination, file uploading etc, without posting back the parent page. And so it was that I looked into iframe resizing.
I achieved this using colorbox v1.3.9, and assume it works on later versions. Working code is available on my github here. In summary, drop this code into your jquery.colorbox.js file just before the publicMethod.resize function:
publicMethod.myResize = function (iW, iH) {
if (!open) { return; }
if (settings.scrolling) { return; }
var speed = settings.transition === "none" ? 0 : settings.speed;
$window.unbind('resize.' + prefix);
settings.w = iW;
settings.h = iH;
$loaded.css({ width: settings.w, height: settings.h });
publicMethod.position(speed);
};
And then in your iframe content page use the following:
jQuery(document).ready(function (){
jQuery(window).bind("load", function () {
var frameWidth = jQuery(document).width();
var frameHeight = jQuery(document).height() + 20;
parent.$.fn.colorbox.myResize(frameWidth, frameHeight);
});
});
This solution was adapted from a post found on the Google colorbox group.
13 comments:
1. Thanks a lot...
Found many tutorials and discussion over this, but this method really did worked well.
Thanks again.
ReplyDelete
2. Thanks alot Bristol. I finding this solution from last 3 months... and now i got it over here... It is so much useful as i m creating facebook like photo gallery...again Thanks Alot....
ReplyDelete
3. Yes, this is a great solution for resizing the colorbox after the iframe content is loaded. It has been working great in all browser, now, except for IE9.
Has anyone else experienced issues using this resizing method in IE9?
ReplyDelete
4. That´s the absolutly best hacking solution i ever seen. Thank you so much!
ReplyDelete
5. Hi, Can any one post demo files , using this solution. Thanks in Advance
ReplyDelete
6. Sorry, seems to be good solution, but I cant get it up and running.
How does the script on the parent page need to like?
Like this?
$(".booking").colorbox({iframe:true, maxWidth:true, maxHeight:true, scrolling:true});
A little demopage would be the best.
Thanks for having a look!
ReplyDelete
7. Could not be more thankful. I've seen thousands of workarounds completely useless, and your method really saved my day!
ReplyDelete
8. I couldn't get this to work until I commented out this line...
if (settings.scrolling) { return; }
Any idea if this is needed and why? I'm running the latest version of colorbox 1.3.19.
ReplyDelete
9. It didn't work for me either initialy and but after I put
"scrolling:true"
when plugin loads initialy, it works fine.
Thanks for this!
ReplyDelete
10. Thank you very very much. you saved my day. :)
ReplyDelete
11. i can't find out that publicMethod.resize in colobx-min.js file ! anything i missed?
ReplyDelete
Replies
1. Have a look at the link I provided to the code on github
Delete
Comments are moderated, so you'll have to wait a little bit before they appear! | ESSENTIALAI-STEM |
Data item descriptions
A United States data item description (DID) is a completed document defining the data deliverables required of a United States Department of Defense contractor. A DID specifically defines the data content, format, and intended use of the data with a primary objective of achieving standardization objectives by the U.S. Department of Defense. The content and format requirements for DIDs are defined within MIL-STD-963C, Data Item Descriptions (2014).
Terminology
The terminology of DIDs and the term contract data requirements list (CDRL) originated with US military procurements, and it is now often encountered in other large procurements that are modeled after the military procurement process. Within a military solicitation or contract, each DID is uniquely numbered to identify the data deliverables in terms of specific information such as: purpose, description, preparation instructions including a table of contents and descriptions of each section, and references to the Contract Statement of work (SOW).
Practices and terms where definition is given by MIL-STD-963:
* Tailoring of data requirements. The deletion of the applicability of a portion of the data requirements from an approved DID that are unnecessary to meet the needs of a specific contract.
* Format. The desired organization, structure, or arrangement of the content of the data product described by the DID. This term relates to the shape, size, makeup, style, physical organization, or arrangement of the data product described in the DID.
* Content. The desired subject(s), topic(s), or element(s) which constitutes the data product described in the DID (for example, a string of defined data elements for entry into a Government database; a listing of paragraph titles or topics for inclusion in a data deliverable) under general topics; or subject matter which may be further defined into sub-topics. For a specific contract, the content of a deliverable shall contain information that fulfills the requirements identified in the CDRL and the description of the DID. Documents should have section numbers and titles matching to the subsections of the DID content description for easier application and use.
* DID number: Each DID is assigned a unique three-part identifier by the DID approval authority. An example DID number for repetitive use is DI-SESS-80013B (DI- Data Item; SESS – four character code for the "Systems Engineering" Standardization Area [see "SD-1, Standardization Directory" for descriptions]; 80013 assigned by ASSIST Automated Document Number Module, and B the sequential version). An example DID number for one-time use is OT-13-1000 (OT- One Time; 13 – fiscal year issued; 10000 – the first number assigned in FY13 by the Army).
Since DID documents are what contract mechanics cause to be produced, the defined content guidelines and their terminologies are commonly referred to in United States Military Standards or other forms of procedural and administrative guidance of the United States Department of Defense.
Usage in government contracts
Writers of a SOW often include requirements that belong in other parts of a contract. Specifically, quantitative technical requirements are addressed in the military specification and work requirements are specified in the SOW, and data requirements (e.g., delivery, format, and content) should be in the CDRL along with the appropriate DID to minimize the potential for conflict. | WIKI |
Commonwealth vs. Benjamin Laguer.
Worcester.
January 4, 2007.
March 23, 2007.
Present: Marshall, C.J., Grbanby, Ireland, Spina, Cowin, & Sosman, JJ.
Evidence, Exculpatory, Fingerprints, Disclosure of evidence. Due Process of Law, Disclosure of evidence. Practice, Criminal, Disclosure of evidence, New trial.
A criminal defendant was not entitled to a new trial or entry of an order dismissing the indictments against him on the ground that the Commonwealth failed to produce allegedly exculpatory evidence in the form of a fingerprint report that the defendant claimed could have established that a third party had committed the crime, where the Commonwealth did furnish the defendant, in a timely fashion, with fingerprint evidence in the Commonwealth’s possession that was in fact exculpatory [593-597]; where the defendant failed to demonstrate that the undisclosed fingerprint evidence had any bearing on the defendant’s guilt or innocence [597-599]; and where, at any rate, no substantial basis existed for claiming prejudice from the nondisclosure, given the powerful evidence that connected the defendant to the crimes [599-601]; similarly, the loss or destruction of the actual fingerprints and a portion of the fingerprint report did not violate the defendant’s right to a fair trial, where the defendant did not show a reasonable possibility that the Commonwealth’s actions deprived him of evidence that would have been favorable to his case [601-602],
Indictments found and returned in the Superior Court Department on August 4, 1983.
A motion for a new trial, filed on February 11, 2004, was heard by Timothy S. Hillman, J., and a motion for reconsideration was considered by him.
After review by the Appeals Court, the Supreme Judicial Court granted leave to obtain further appellate review.
James C. Rehnquist (Kathleen Luz with him) for the defendant.
Sandra L. Hautanen, Assistant District Attorney, for the Commonwealth.
Debra S. Krupp, Committee for Public Counsel Services, for Committee for Public Counsel Services, amicus curiae, submitted a brief.
Justice Sosman participated in the deliberation on this case prior to her death.
Cowin, J.
On January 30, 1984, the defendant was convicted of aggravated rape, unarmed robbery, breaking and entering in the night time with intent to commit a felony, and assault and battery. He was sentenced to life in prison for the aggravated rape conviction. His convictions were affirmed by the Appeals Court, see Commonwealth v. Laguer, 20 Mass. App. Ct. 965 (1985), and further appellate review was denied, see 396 Mass. 1103 (1985).
All the charges arise from a brutal sexual attack on a fifty-nine year old woman living alone in an apartment in Leominster at a time when the defendant resided in the next apartment. The main issue at trial was the identity of the perpetrator. The defendant now seeks a new trial or entry of an order dismissing the indictments because the Commonwealth failed to produce allegedly exculpatory evidence in the form of a fingerprint report that the defendant claims could have established that someone else committed the crime. A judge in the Superior Court who was not the trial judge denied the requested relief as well as the defendant’s subsequent motion for reconsideration. The Appeals Court affirmed the Superior Court orders, Commonwealth v. Laguer, 65 Mass. App. Ct. 612 (2006), and we allowed the defendant’s application for further appellate review. We affirm.
1. Evidence at trial. A jury could have found the following facts. At approximately 9 p.m. on July 12, 1983, a man broke into the victim’s apartment, turned off the light, “socked the side” of her face, threw the victim to the floor, and raped her vaginally, anally, and orally for the following eight hours. The attacker was wearing only jogging shorts and white socks, possibly with stripes on the top. The attacker severely beat the woman and, before leaving, stole her jewelry, money, and a purse, and bound her hands with a cord from her telephone and her feet with a cord from a hair dryer. At one point, the rapist put a plastic trash bag over the victim’s head, tied it tightly, and caused her to “[go] out of the picture,” but she “[e]ventually . . . c[a]me back into the picture.” The victim “fought” and struggled with her assailant. She was able to see the man’s face as the room was illuminated by outside security lights, and the rapist made no attempt to hide his face, except when he went to the bathroom. He warned the woman that if she identified him, he would kill her.
The victim was found shortly after 5:10 a.m. on the morning of July 13, when a maintenance man heard her cries for help and telephoned the police. Many of the items in the studio apartment were blood-stained. Emergency medical personnel transported the victim to the hospital; “at least seven” police officers were at the apartment processing the scene and collecting evidence for most of the day. At some point that morning, the only telephone in the unit was “dusted” for fingerprints by the local police. The assailant had used the cord from this telephone to bind the victim’s hands. The telephone was later delivered to the State police for further fingerprint testing. The maintenance man remained in the apartment with the police, but neither the police nor the maintenance man saw the defendant that day.
It was undisputed that at the time of the incident and for the preceding two weeks, the defendant was staying with his father in the apartment immediately next to the victim’s apartment. (His father was on vacation at the time of the incident.) The victim testified that one or two weeks prior to the attack, the man she later identified as her attacker had rang the bell of her apartment to gain access to a common hallway to the building., She had opened her door, but on seeing the defendant, had closed it immediately. She ordinarily had no visitors other than her daughter.
At first, the victim told the police that she was unable to identify her attacker and provided merely a general description: a short black male with a small build. The following day, while still hospitalized, the victim told the police that the attacker was the “dark” man who had recently “buzzed” her apartment. The next day, July 15, the police obtained a photograph of the defendant, and the victim identified him from a photographic array. She was certain of her identification. At trial, she pointed out the defendant as her assailant.
On the day of the attack, the victim left her keys in the door to her apartment. She realized her mistake minutes later and went to retrieve the keys, but they had disappeared. She obtained another set of keys from the building manager. This sequence of events was confirmed by the manager. The defendant testified at trial that he had seen the victim’s keys hanging from her front door lock on two or three prior occasions and had knocked on her door to return the keys each time. The victim denied that the defendant had ever done so.
Shortly after the victim was transported to the hospital, police canvassed the other apartments to see “if anybody heard anything.” An officer knocked on the defendant’s door numerous times, but there was no response. The following day, after the victim had identified her attacker as her next-door neighbor, the police executed a search warrant for his apartment. Although no one was there, the officers observed in drawers and on the floor many mismatched white “tube” or “athletic” socks with stripes on the top. When the police returned to the defendant’s apartment the following day, he was at home wearing only jogging shorts and white “tube” socks with mismatched colored stripes at the top, the same attire the victim had described her attacker as wearing. The police observed and photographed a “fresh scratch on his back, all across,” and the photograph was shown to the jury. The defendant first explained to the police that the scratch was from a nail at a bar, but at trial said that it was caused by splinters or nails when he had been lying on a picnic table, several days earlier. He also stated that he had been at home during the time of the attack but had heard no noise from the apartment next door. He testified that he had not seen any police at all on the day following the attack (despite the fact that several police officers entered and left the victim’s apartment that day), and that he did not hear the police knock on his door.
The police collected numerous pieces of physical evidence from the victim’s apartment, many of which were stained with blood. Several items in the unit were also “dusted” for fingerprints. None of the physical evidence was linked to the defendant. Detective Carignan, the investigating officer, testified that he had recovered a fingerprint from the base of the victim’s telephone and delivered it to the State police laboratory for analysis. He also stated that he did not find any fingerprints in the victim’s apartment that matched the defendant’s fingerprints. Although the defendant’s saliva was tested to see if his blood type matched any blood found at the scene or the sperm cells or seminal fluid on the victim’s pubic hair, the tests were “inconclusive.”
The defendant testified and denied committing the crimes. His defense was misidentification, and he suggested that the rapist was a young, dark-skinned Hispanic male, Jose Gomez, who lived in an apartment within the same complex (across the street from the victim) and who had moved out seven months before the rape. Two witnesses called by the defendant placed him with them, away from the crime scene during part of the relevant period. These alibi witnesses were his half-sister and a young man who did not know the defendant’s name, and admitted to drinking “seven days a week” at a bar where he said he had seen the defendant on the night of the rape, six months earlier. He told no one about seeing the defendant in the bar until the night before he testified. This witness said that the defendant stuttered — and apparently, the defendant stuttered while testifying — a fact about her attacker the victim had not mentioned to anyone. In his closing argument, defense counsel stressed that despite the fact that the rapist had been in the apartment for eight hours, no physical evidence linked the defendant to the crime scene.
2. The missing fingerprint report. Prior to trial, the defendant requested discovery of all exculpatory evidence, including any fingerprints found in the victim’s apartment. Approximately one month before trial, the prosecutor informed defense counsel by telephone that a partial fingerprint lifted from the base of the victim’s telephone had been analyzed and did not match any of the defendant’s fingerprints. The prosecutor also wrote to defense counsel that he would forward a copy of the fingerprint report as soon as he received it. Apparently, the fingerprint report was never received by the prosecutor, and trial proceeded on the assumption by all parties that the only fingerprint found in the apartment was the partial print from the telephone that did not match the defendant’s fingerprints. Thus, the defendant was aware that the Commonwealth had no physical evidence connecting him to the scene of the rape.
Following his conviction, the defendant filed several public record requests for fingerprint information. One such request resulted in the Commonwealth disclosing, in November, 2001, nearly eighteen years after the defendant’s convictions, the front page of a fingerprint report previously unknown to the defendant. The report was dated July 15, 1983, two days after the incident. The report states that four fingerprints (not one, as had been reported previously) were located on the base of the victim’s telephone, and that none matched the defendant’s. The report indicates that these results were communicated to the Leominster detective who was investigating the crime. The back page of the report may be missing, see note 36, infra, and the fingerprints themselves have never been located.
3. Motion for a new trial. The fingerprint report and the missing fingerprints are the basis for the present motion for a new trial. The defendant claims that, pursuant to the Fifth and Fourteenth Amendments to the United States Constitution, art. 12 of the Declaration of Rights of the Massachusetts Constitution, and Mass. R. Crim. P. 30 (b), as appearing in 435 Mass. 1501 (2001), a new trial is required because of the Commonwealth’s suppression of exculpatory evidence. Specifically, he claims that the fingerprint report, timely disclosed, would have permitted him to impeach the victim’s identification, and buttress his defense of mistaken identity, by helping to establish the presence of a different perpetrator. He also contends that, given the loss or destruction of the actual fingerprints and the back page of the fingerprint report, pursuant to Commonwealth v. Olszewski, 401 Mass. 749 (1988), S.C., 416 Mass. 707 (1993), cert. denied, 513 U.S. 835 (1994), dismissal of the indictments, or, alternatively, a new trial, is the appropriate remedy. In support of the motion, trial counsel submitted an affidavit that he “understood at the time of trial that the partial print [on the telephone] could not be matched to Benjamin LaGuer .... Had I learned that four complete fingerprintshad been found on the telephone, . . . and that these had not matched Benjamin LaGuer, I would have pursued additional questions of Det. Carrigan [sic], concerning his efforts or lack thereof to match these prints to anyone else and to exclude the victim. Additionally, I would have made the exculpatory nature of these prints, and the lack of effort to identify them, important parts of my closing argument.”
The judge denied the motion for a new trial. He concluded that there was no due process violation, because such a claim required the defendant to prove that the evidence was, in fact, exculpatory, and the lack of evidence that the fingerprints were left on the telephone at the time of the crime deprived them of probative value. The judge also concluded that the fingerprint report would not have “significantly aided” the defendant’s case because it did not compromise the victim’s credibility or her identification made after observing her attacker “in an illuminated room” during an eight-hour attack. Assuming for purposes of argument that the fingerprint report was exculpatory, the judge decided that, given the strength of the Commonwealth’s evidence, the additional evidence of the four fingerprints on the telephone would not have influenced the jury’s deliberations. The Appeals Court reached the same conclusion for essentially the same reasons. Commonwealth v. Laguer, 65 Mass. App. Ct. 612, 619-622 (2006).
4. Discussion. The defendant claims that the Commonwealth, in violation of his Federal and State constitutional rights, withheld exculpatory evidence that would have materially aided his defense. Due process requires that “the government disclose to a criminal defendant favorable evidence in its possession that could materially aid the defense against the pending charges.” Commonwealth v. Daniels, 445 Mass. 392, 401 (2005), quoting Commonwealth v. Tucceri, 412 Mass. 401, 404-405 (1992). Where, as here, “a judge hearing a motion for new trial was not the trial judge, ‘we regard ourselves in as good a position as the motion judge to assess the trial record.’ ” Commonwealth v. Healy, 438 Mass. 672, 678 (2003), quoting Commonwealth v. Salvati, 420 Mass. 499, 500 (1995). “[W]hen a new trial claim is constitutionally based, as in the instant case[], ‘this court will exercise its own judgment on the ultimate factual as well as legal conclusions.’ ” Commonwealth v. Healy, supra, quoting Commonwealth v. Salvati, supra.
In Brady v. Maryland, 373 U.S. 83, 87 (1963), the United States Supreme Court concluded that the government was constitutionally obligated to disclose material, exculpatory evidence for which the defendant had made a specific request. This requirement was extended in United States v. Agurs, 427 U.S. 97 (1976), to defendants who made only general requests for exculpatory evidence or no request at all. See Commonwealth v. Tucceri, supra at 405. “The Agurs opinion distinguished between a specific request and a general request for exculpatory evidence in determining whether the prosecutor’s omission warranted a new trial,” id., and adopted a different standard for each situation. When a specific request has been made, a new trial is required if the undisclosed evidence “might have affected the outcome of the trial.” United States v. Agurs, supra at 104. When there is no request or only a general request, a new trial is required only if the undisclosed evidence “create[d] a reasonable doubt which did not otherwise exist.” Id. at 112. To the extent that there is a meaningful difference in the two standards, we have described the standard to be applied when, as here, the prosecution has failed to disclose after a specific request, as requiring only that a defendant demonstrate “a substantial basis exists for claiming prejudice from the nondisclosure.” Commonwealth v. Tucceri, supra at 412, and cases cited. We examine the record to decide “whether we can be confident that, even if the prosecution had supplied the report to the defendant!] hi timely fashion, the report or available evidence disclosed by it would not have influenced the jury.” Commonwealth v. Healy, supra at 680, quoting Commonwealth v. Daye, 411 Mass. 719, 729 (1992). Put differently, we must decide whether there is a reasonable possibility that the nondisclosed evidence would have made a difference.
“The Brady obligation comprehends evidence which provides some significant aid to the defendant’s case, whether it furnishes corroboration of the defendant’s story, calls into question a material, although not indispensable, element of the prosecution’s version of the events, or challenges the credibility of a key prosecution witness.” Id. at 679, quoting Commonwealth v. Ellison, 376 Mass. 1, 22 (1978). Obviously, in order to prevail on a claim that the prosecution failed to disclose exculpatory evidence, the defendant must establish that the evidence was, in fact, exculpatory. Id. at 679, and cases cited. “Evidence may be favorable or exculpatory, and thus required to be disclosed, ‘although it is not absolutely destructive of the Commonwealth’s case or highly demonstrative of the defendant’s innocence.’ ” Commonwealth v. Daniels, supra at 401, quoting Commonwealth v. Ellison, supra at 22. Rather, “exculpatory” in this context comprehends all evidence which tends to “negate the guilt of the accused” or support the accused’s innocence. Commonwealth v. Healy, supra at 679, quoting Commonwealth v. St. Germain, 381 Mass. 256, 261 n.6 (1980).
We conclude that, in the unusual circumstances of this case, the fingerprint evidence that was not produced has not been shown to have any bearing on the defendant’s guilt or innocence, and is consequently not exculpatory as to this defendant. See Commonwealth v. Healy, supra at 679. What is exculpatory is that the Commonwealth could not place the defendant in the victim’s apartment by means of any evidence, including any fingerprints or any other physical evidence. At trial, the defense was well aware of that weakness in the prosecution’s case and fully exploited it. For example, in cross-examination, defense counsel asked Detective Carignan, “The man was in there eight hours and you didn’t find one print that matched [the defendant’s]?,” to which the response was, “No, I did not find any prints to match” (emphasis added). When asked, “Anything come back that matches [the defendant]?,” Detective Carignan answered, “Nothing.” The point was made to the jury that, despite the assailant’s presence in the apartment for eight hours and his use of the cord from the telephone to bind the victim, no fingerprints of the defendant’s and no other physical evidence linking him to the crime were located. See Squires v. Dugger, 794 F. Supp. 1568, 1578-1579 (M.D. Fla. 1992) (denying Brady claim because undisclosed fingerprint report with nonmatching prints would not have led to acquittal, and cross-examination of government expert made it clear that none of fingerprints found matched petitioner’s fingerprints — “the exact point the petitioner needed to make”).
Not only was there no evidence linking the defendant to the telephone, but there also was one fingerprint on that telephone that did not belong to the defendant. Accordingly, the fingerprint evidence did not permit the jury to draw any inference that the defendant picked up the telephone. To the contrary, the existing fingerprint evidence pointed away from the defendant. The fingerprint on the telephone did not belong to him, and the defense attorney made this fact abundantly clear to the jury.
Thus, the defendant was furnished, in a timely fashion, with evidence in the Commonwealth’s possession that was in fact exculpatory. The defendant knew, and used at trial, the information that the prosecution’s case was not based on any physical evidence of his presence in the victim’s apartment at the relevant time (or, for that matter, at any time). He therefore was aware of that evidence which “provides some significant aid to [his] case, . . . furnishes corroboration of [his] story, calls into questian a material, although not indispensable, element of the prosecution’s version of the events, or challenges the credibility of a key prosecution witness” (in this case, the victim with respect to her identification of her attacker). Commonwealth v. Healy, supra at 679, quoting Commonwealth v. Ellison, supra at 22. What is important is that the defendant’s fingerprints were not present on the telephone. That there could have been one, four, or more fingerprints on the telephone does not render that fact more exculpatory than informing the jury that one fingerprint did not match the defendant.
We consider next whether the remaining three or four fingerprints on the telephone, see note 20, supra, the existence of which was not disclosed, are exculpatory because of the possibility that one or more might belong to an individual, other than the defendant, who actually committed the crime. Nothing in the report identifies the source of the fingerprints on the telephone. While it is certainly possible that, because the rapist used the telephone cord to bind the victim, he grasped the base of the instrument, it is entirely speculative to assume that the fingerprints on the telephone belonged to a third party suspect rather than to the victim, her daughter, or the police who were in the room the day following the crime while the telephone remained there. Thus, the mere existence of the fingerprints by itself, without other evidence or explanation, creates no reasonable basis for believing a third-party suspect would have been revealed.
In addition, it is clear that, even if trial counsel had known about the additional fingerprints, he would not have attempted to identify them. The defendant claims in his brief before this court that he would have used the four fingerprints to attempt a match to the alleged third party suspect, Jose Gomez. Such a claim is notably absent from trial counsel’s affidavit. In his paragraph describing how he would have used the information about the four fingerprints, trial counsel states only that he would have “pursued additional questions of Det. Carignan” about his efforts to match the fingerprint to anyone else and that he would have made the “exculpatory nature of these prints and the lack of effort to identify them, important parts of my closing argument.” Trial counsel does not state or even imply that he would have sought to match the four fingerprints to Gomez or to anyone else. To forgo testing of other fingerprints is a reasonable tactic: the defense was that the partial fingerprint belonged to a named third party suspect. Counsel would hardly risk a fingerprint analysis of that (or any other) print that could exonerate the third party. The omission from trial counsel’s affidavit is consistent with the defense strategy at trial. Trial counsel was aware that the partial print on the telephone did not match the defendant’s prints; he made no attempt to match that fingerprint to Gomez or anyone else.,
We conclude that the undisclosed fingerprint evidence is not exculpatory here for an additional reason. For fingerprint evidence to be probative, it must be linked to the time of the crime, that is, there must be evidence to establish when the fingerprints were placed on the telephone. See Commonwealth v. Morris, 422 Mass. 254, 257-258 (1996) (defendant’s fingerprint found on mask used by intruder insufficient to support conviction because it could not be determined when fingerprint had been placed on mask and no other evidence sufficiently linked defendant to crime). Cf. Commonwealth v. Baptista, 32 Mass. App. Ct. 910, 911-912 (1992) (jury could reasonably infer defendant’s fingerprints were deposited at time of crime where they were located on coin box inside locked vending machine, a surface not available to public). The telephone is a frequently handled household instrument. Thus, given all of the circumstances in this case, including the fact that the defendant was aware at trial that the only fingerprint found on the telephone was not his, and the lack of any basis for assuming the other fingerprints would have identified a third party suspect, the defendant has not sustained his burden of showing that anything exculpatory has been withheld.
Even were we to assume that the fingerprint report was exculpatory, we conclude that the defendant has not demonstrated that “a substantial basis exists for claiming prejudice from the nondisclosure.” Commonwealth v. Tucceri, 412 Mass. 401, 412 (1992). We have nothing more than speculation that the nondisclosed fingerprints might have been those of another culprit. This, together with the powerful evidence that connected the defendant to the crime, compels the conclusion that the missing evidence would not have influenced the jury.
The victim consistently identified the defendant after spending several hours with him in adequate lighting. She had seen him before and thus could recognize him. (She explained her initial inability to provide information as caused by her fear of reprisal.) The victim’s identification was supported by the fact that, when the police located the defendant in his apartment, he was wearing the same distinctive clothing as that described by the victim: jogging shorts, no shirt, and white “tube” socks with colored stripes. In addition, despite the fact that the attack occurred in the summer, it is not typical for people to walk outside with no footwear. This suggests strongly that the assailant lived within the same apartment building as the victim. The victim left her keys in her lock the day of the rape, and they were never located. The defendant’s apartment is the only unit beyond the victim’s on that floor, requiring the defendant to walk by the victim’s apartment in order to reach his own. Thus, the jury could infer that the defendant had opportunity to obtain her keys. Furthermore, when the police first saw the defendant two days after the incident, he had a “fresh” scratch across his back which was photographed, and the photograph was displayed to the jury. The victim was discovered with bloody fingernails and blood on one hand, and the jury could reasonably infer that the defendant’s back was scratched by the victim during the attack. Moreover, the defendant provided differing explanations for the scratch.
The Commonwealth’s case was strengthened, too, by the weakness of the defendant’s evidence. There were inconsistencies within his alibi defense, and that defense itself contrasted with his original statement to the police that he was at home during the attack. The defendant’s testimony that he returned the victim’s keys to her when he found them in her door was contradicted by the testimony of the victim that he had not done so.
The defendant contends that the existence of the fingerprint report would have helped to impugn the integrity of the police investigation. In this regard, trial counsel states in his affidavit that he would have questioned Detective Carignan concerning his efforts to match these prints to anyone else. But the same point was made in regard to the general nature of the police investigation, with many questions in cross-examination directed to its alleged inadequacy. In these circumstances, we are confident that it would not have influenced the jury had it been known that additional fingerprints on the telephone did not match those of the defendant. Commonwealth v. Healy, 438 Mass. 672, 679 (2003).
As the Appeals Court noted, the impact of the failure to produce the fingerprint report is “markedly different” from that in cases where a new trial has been ordered because of the Commonwealth’s failure to provide timely disclosure of evidence favorable to a defendant. Commonwealth v. Laguer, 65 Mass. App. Ct. 612, 622 (2006). See Commonwealth v. Martin, 427 Mass. 816, 823 (1998) (postmortem tests tending to disprove presence of drag in body of murder victim); Commonwealth v. Gallarelli, 399 Mass. 17, 22-24 (1987) (police report confirmed no trace of blood on knife seized from defendant on arrest for stabbing); Commonwealth v. Bennett, 43 Mass. App. Ct. 154, 158-163 (1997) (evidence tending to show defendant could not have made telephone calls to victim after attack because defendant was at that time detained in correctional facility); Commonwealth v. Vaughn, 32 Mass. App. Ct. 435, 439-440 (1992) (when detective indicated in initial report that there were two sets of footprints at crime scene but at trial testified that there were three sets of footprints, prosecution should have disclosed detective’s change in statement). In addition, see Commonwealth v. Olszewski, 401 Mass. 749, 755-757 (1988), S.C., 416 Mass. 707 (1993), cert. denied, 513 U.S. 835 (1994) (no physical evidence Unking defendant to murder and eight pieces of evidence lost or destroyed by the Commonwealth, including belt used to strangle victim that was same size as belt of defendant; blood samples from one crime scene; and initial written statement of witness who first exculpated defendant but later changed his story and became key Commonwealth witness). The Appeals Court correctly pointed out that the fingerprint report, unlike the items at issue in past cases, does not provide information that would have cast doubt on the victim’s identification of the defendant or indicate that he did not commit this attack. Commonwealth v. Laguer, supra.
The defendant raises an additional and separate claim that the loss or destruction of the actual fingerprints and the back page of the fingerprint report violated his constitutional right to a fair trial pursuant to Commonwealth v. Olszewski, supra. As we stated when this case came before us again following retrial, when evidence is lost or destroyed, “[a] defendant claiming to have been deprived of potentially exculpatory evidence has the initial burden of establishing a reasonable possibility, based on concrete evidence and not on mere speculation, that the Commonwealth’s actions deprived him of evidence that would have been favorable to his case.” Commonwealth v. Olszewski, 416 Mass. 707, 714 (1993), cert. denied, 513 U.S. 835 (1994). The first Olszewski opinion was not intended to, and does not, create a standard different from the due process analysis we have discussed above. That Olszewski opinion simply recognizes that the defendant’s burden is more difficult when evidence is destroyed, and indicates that this is a factor to be considered. We have taken this factor into consideration in our analysis. The defendant fails here for the same reason that we have discussed. He has not shown a reasonable possibility that the failure to disclose the fingerprint evidence “deprived him of evidence that would have been favorable to his case.” Cf. Commonwealth v. Olszewski, supra at 714.
Order denying motion for a new trial affirmed.
On the unarmed robbery and breaking and entering charges, defendant received sentences of from twelve to fifteen years at the Massachusetts Correctional Institution at Cedar Junction to run concurrently with the sentence on the aggravated rape charge. The conviction for assault and battery was filed with the defendant’s consent.
Since his conviction, the defendant has filed several other motions for new trial or other relief. See, e.g., Commonwealth v. Laguer, 410 Mass. 89 (1991); Commonwealth v. Laguer, 36 Mass. App. Ct. 310 (1994). None of the issues raised in these motions is relevant to the present appeal.
(The victim did not own any white socks with stripes.) To a certain degree, there was a possible discrepancy in the victim’s description as to the stripes. This was explored by defense counsel.
The purse was later found outside near the building where the victim lived.
Vaginal and rectal swabs and pubic hair of the victim were preserved at the hospital and were later used to conduct deoxyribonucleic acid (DNA) tests. See note 34, infra.
The defendant sometimes stayed with a sister at another location.
A locked foyer door inside the building prevented entry unless one had a key or was “buzzed in” by a person in an apartment.
The defendant testified that the first two days he stayed in his father’s apartment he had no key and relied on his father to “buzz” him in.
According to the defendant’s arrest report, he was five feet, eight inches tall and weighed 150 pounds. His size was obvious during the trial. Commonwealth v. Zane Z., 51 Mass. App. Ct. 135, 147-148 (2001).
The victim selected the defendant’s picture again from the array shortly before trial and again at trial.
Apparently, none of the “tube” socks in the defendant’s apartment had the same color stripe as the one left in the victim’s apartment.
The defendant explained that there was noise from outside. A nearby factory operated twenty-four hours per day.
Unbeknownst to the Commonwealth at the time of trial, the defendant intentionally tampered with his court-ordered saliva sample (obtained in an attempt to match his blood type with the blood found at the scene or the sperm cells or seminal fluid on the victim’s pubic hair), by mixing his saliva with that of another inmate. The defendant admitted to this in 2003, nearly twenty years later, at a parole board hearing.
The defendant was twenty years old at the time of trial.
To further his defense of misidentification, the defendant challenged the victim’s testimony about the adequacy of the lighting in her apartment, as well as her memory, eyesight (she did not have her reading glasses on at the time of the attack or when she selected the defendant’s photograph in the hospital), physical condition (one eye was swollen shut from being beaten), mental stability, and reactions to medication.
These requests were made in the pretrial conference report and in two letters sent to the prosecutor.
The term “partial print” is used to mean something less than a complete fingerprint, which is the rolled ink imprint taken by the police when a person is arrested. Fingerprint impressions left on items “are almost always partial.” See Commonwealth v. Patterson, 445 Mass. 626, 629 (2005). Thus, the use of the word “partial” to describe the fingerprint is not significant.
It is unclear whether there were four fingerprints on the telephone in addition to the one Detective Carignan located or whether the total number of fingerprints on that instrument was four. The difference is immaterial to our analysis.
A prosecutor’s duty to disclose exculpatory evidence extends to evidence in his or her possession as well as that in the possession of the police who participated in the investigation and presentation of the case. See Commonwealth v. Tucceri, 412 Mass. 401, 407 (1992). There is no suggestion that either the evidence regarding the fingerprint report or any fingerprints were transmitted at any time to the trial prosecutor.
The fingerprint report refers to four latent fingerprints located at the “base of trimline phone” and states: “On 7/15/83 at approx 2:30pm Det Cartigan [sic] brought a beige colored base of a telephone to the lab to be examined for prints. Several prints were lifted and a comparison made with a suspect Benjamin Laguer 5/1/63 with neg results. On 7/16/83 at 9:15 Det Carrigan [sic] was informed via telephone.” The use of the word “several” apparently relates back to the specific reference to four latent fingerprints found on the base of the telephone.
We consider this claim at the end of this opinion.
24Despite trial counsel’s characterization of the four fingerprints as “complete,” there is no evidence in the record that the four fingerprints referenced in the report were anything other than the partial fingerprints that are normally recovered. See notes 19 and 22, supra.
Subsequently, in United States v. Bagley, 473 U.S. 667, 682 (1985), the United States Supreme Court adopted one standard of prejudice (“materiality”) for all nondisclosure cases: “The evidence is material [i.e., requires a new trial] only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. A ‘reasonable probability’ is a probability sufficient to undermine confidence in the outcome.” We have declined, as a matter of State law, to adopt the single Bagley standard, see Commonwealth v. Gallarelli, 399 Mass. 17, 21 n.5 (1987), and continue to employ the two different standards as set forth in United States v. Agurs, 427 U.S. 97, 104, 112 (1976).
The difficulties created by United States v. Agurs, 427 U.S. 97 (1976), are well explored by Justice Kaplan in Commonwealth v. Ellison, 376 Mass. 1, 23-24 (1978). See Commonwealth v. Tucceri, 412 Mass. 401, 405 (1992).
It bears repeating that the Commonwealth’s duty to disclose exculpatory evidence is not dependent on a request by the defense for such evidence. The Commonwealth has a duty to disclose all exculpatory evidence, requested or not. See United States v. Agurs, 427 U.S. 97, 110 (1976); Commonwealth v. Tucceri, 412 Mass. 401, 405 (1992). As discussed, the existence of a specific request only affects the standard of review. See United States v. Agurs, supra; Commonwealth v. Tucceri, supra. “A rule that encourages prosecutors to make pretrial disclosures of obviously or even arguably exculpatory material . . . not only promotefs] fair trials but. . . also help[s] to avoid the difficulties of posttrial judicial review.” Id. at 406-407 (footnote omitted).
The “fingerprint evidence that was not produced” or the “nondisclosed fingerprint evidence” refers to the State police fingerprint report identifying the existence of four fingerprints that do not match Laguer’s, as well as the fingerprints themselves. Again, it is unclear whether the “four fingerprints” refer to three fingerprints plus the one Detective Carignan lifted, or to four additional fingerprints. See note 20, supra.
It is suggested that Detective Carignan’s testimony that he found a small partial print on the telephone might have misled the jury to believe that the print was not identifiable. Any ambiguity was clarified by defense counsel’s cross-examination establishing that there were no prints matching the defendant’s in the apartment. The evidence does not support the speculation that the jury might have believed that the print found was too small to have been identified.
Clearly there is no burden on the defendant to test or produce any evidence. See Commonwealth v. Caputo, 439 Mass. 153, 166 (2003). However, at this stage —• a motion for a new trial — the defendant must establish that there is a reasonable possibility that the evidence would have made a difference in the jury’s verdict. See Commonwealth v. Healy, 438 Mass. 672, 679 (2003). It is a fact that the defendant did not test the one fingerprint, and there is no reason to believe that his strategy would have been different had there been more fingerprints.
In his brief, appellate counsel consistently characterizes the information relayed to trial counsel about the fingerprint as “inconclusive.” Trial counsel never uses this word in his affidavit; he states that he knew that the print “could not be matched” to the defendant. Thus, the arguments that proceed on the basis that defense counsel never had “conclusive” information that the fingerprint did not match his client proceed from an inaccurate premise. References at trial to inconclusive test results referred only to chemical analysis of the defendant’s saliva sample and the blood test results. See note 15, supra. See also Commonwealth v. Laguer, 65 Mass. App. Ct. 612, 621 (2006).
Nor did nondisclosure of the report hamper the defendant’s contention that this was a case of misidentification. He made this point throughout trial in many different respects, e.g., by challenging the lighting in the victim’s apartment, and by contesting her eyesight, physical condition, mental stability, and her reaction to medication.
The victim did state, however, that she did not recall scratching the rapist.
In reaching this conclusion, we have not considered the fact that a deoxyribonucleic acid (DNA) test, performed after the trial at the defendant’s request and conducted by an independent forensic scientist of the defendant’s selection, apparently “pointed directly to the defendant’s guilt.” Commonwealth v. Laguer, 65 Mass. App. Ct. 612, 621 n.19 (2006).
The defendant also seeks a new trial pursuant to Mass. R. Crim. P. 30 (b). After a careful review of the trial evidence, we conclude, for the reasons discussed above, that, to the extent there are any considerations under that rule that are not subsumed by our due process analysis, see Commonwealth v. Tucceri, 412 Mass. 401, 408-409 (1992), the trial judge properly denied the motion under rule 30 (b) as well.
There is no question that some evidence has been lost or destroyed. Although the Commonwealth suggests, and it may well be, that there was never a second page to the fingerprint report, there obviously were fingerprints themselves located on the telephone that were tested by the State police and found not to match the defendant’s fingerprints. The fingerprints have not been provided, and thus we proceed on the assumption that evidence has been lost or destroyed.
The defendant maintains that, under Commonwealth v. Olszewski, 401 Mass. 749, 753 (1988) S.C., 416 Mass. 707 (1993), cert, denied, 513 U.S. 835 (1994), when a claim of lost or destroyed evidence is made, the defendant need demonstrate only that the evidence is “potentially exculpatory,” rather than actually exculpatory. The use of the different word was not intended to alter the legal analysis.
| CASELAW |
Hayes v. Michigan Central Railroad Company
A. D. Rich, for plaintiff in error.
Ashley Pond, for defendant in error.
This action was brought by the plaintiff in error to recover damages for personal injuries alleged to have been caused by the negligence of the defendant in error. After the evidence in the cause had been closed, the court directed the jury to return a verdict for the defendant. A bill of exceptions to that ruling embodies all the circumstances material to the case, and presents the question, upon this writ of error, whether there was sufficient evidence to entitle the plaintiff below to have the issues submitted to the determination of the jury.
The defendant, in running its trains into Chicago, used the tracks of the Illinois Central Railroad Company, under an arrangement between them; and no question is made but that the defendant is to be treated, for the purposes of this case, as the owner as well as occupier of the tracks. The tracks in question are situated for a considerable distance in Chicago, including the place where the injury complained of was received, on the lake shore. They were built in fact, at first, in the water on piles; a breakwater constructed in the lake protecting them from winds and waves, and on the west or land side the space being filled in with earth, a width of about 280 feet, to Michigan avenue, running parallel with the railroad. This space between Michigan avenue and the railroad tracks is public ground, called Lake park, on the south end of which is Park row, a street perpendicular to Michigan avenue, and leading to and across the railroad tracks to be water's edge. Numerous streets, from Twelfth street north to Randolph street, intersect Michigan avenue at right angles, about 400 feet apart, and open upon the park, but do not cross it. Nothing divides Michigan avenue from the park, and the two together form one open space to the railroad. The right of way for these tracks was granted to the company by the city of Chicago over public grounds by an ordinance of the common council, dated June 14, 1852, the sixth section of which is as follows:
'Sec. 6. The said company shall erect and maintain on the western or inner line of the ground pointed out for its main track on the lake shore, as the same is hereinbefore defined, such suitable walls, fences, or other sufficient works as will prevent animals from straying upon or obstructing its tracks, and secure persons and property from danger; said structure to be of suitable materials and sightly appearance, and of such height as the common council may direct, and no change therein shall be made except by mutual consent: provided, however, that the company shall construct such suitable gates, at proper places at the ends of the streets which are now or may hereafter be laid out, as may be required by the common council, to afford safe access to the lake; and provided, also, that in case of the construction of an outside harbor, streets may be laid out to approach the same, in the manner provided by law, in which case the common council may regulate the speed of locomotives and trains across them.'
It was also provided in the ordinance that it should be accepted by the railroad company within 90 days from its passage, and that thereupon a contract under seal should be formally executed on both parts, embodying the provisions of the ordinance, and stipulating that the permission, rights, and privileges thereby conferred upon the company should depend upon their performance of its requirements. This contract was duly executed and delivered March 28, 1853.
The work of filling in the open space between the railroad tracks and the natural shore line was done gradually,-more rapidly after the great fire of October 9, 1871, when the space was used for the deposit of the debris and ruins of buildings,-and the work was completed substantially in the winter of 1877-78. In the mean time several railroad tracks had been constructed by the railroad company on its right of way, used by itself and four other companies for five years prior to the time of the injury complained of, and trains and locomotives were passing very frequently, almost constantly. The railroad company had also partially filled with stones and earth the space east of its tracks, to the breakwater; sufficiently so in some places to enable people to get out to it. This they were accustomed to do for the purpose of fishing and other amusements, crossing the tracks for that purpose. At one point there was a roadway across the park and the tracks, used by wagons for hauling materials for filling up the space, and a flagman was stationed there. At this point great numbers of people crossed to the breakwater; from two streets the public were also accustomed to cross over the tracks from the park to ferry-boats. From Park row, at the south end of the park, running north a short distance, the railroad company, in 1872, had erected on the west line of its right of way a five-board fence, the north end of which, at the time of the injury to the plaintiff, was broken down. The rest of it was in good order. The park was public ground, free to all, and frequented by children and others as a place of resort for recreation, especially on Sundays. Not far from the south end, and about opposite the end of the fence, was a band-house for free open-air concerts.
The plaintiff was a boy between eight and nine years of age, bright and well-grown, but deaf and dumb. His parents were laboring people, living, at the time of the accident, about four blocks west of Lake park. Across the street from where they lived was a vacant lot where children in the neighborhood frequently played. On Sunday afternoon, March 17, 1878, St. Patrick's day, the plaintiff, in charge of a brother about two years older, went to this vacant lot, with the permission of his father, to play. While playing there a procession celebrating the day passed by, and the plaintiff, with other boys, but without the observation of his brother, followed the procession to Michigen avenue at Twelfth street, just south of Lake park. He and his companions then rcturned north to the park, in which they stopped to play. A witness, going north along and on the west side of the tracks, when at a point a considerable distance north of the end of the broken fence, saw a freight train of the defendant coming north; turning round towards it he saw the plaintiff on the tracks south of him, but north of the end of the fence; he also saw a colored boy on the ladder on the side of one of the cars of the train, motioning as if he wanted the plaintiff to come along. The plaintiff started to run north beside the train, and as he did so turned and fell, one or more wheels of the car passing over his arm. There were four tracks at this point, and the train was on the third track from the park. The plaintiff had his hands reached out towards the car, as he ran, as if he was reaching after it, and seemed to the witness to be drawn around by the draught of the train, and fall on his back. Amputation of the left arm at the shoulder was rendered necessary, and constituted the injury for which damages were claimed in this suit.
Mr. A.D. Rich, Mr. George C. Fry, and Mr. J. W. Merriam for plaintiff in error submitted on their brief.
[Argument of Counsel from pages 232-234 intentionally omitted]
MATTHEWS, J. | WIKI |
Sadamitsu (disambiguation)
Sadamitsu may refer to:
Places
* Sadamitsu, Tokushima, A former town in Tokushima, Japan. Now part of the town of Tsurugi, Tokushima
* Sadamitsu Station, A station in Tsurugi, Tokushima.
People
* Suganuma Sadamitsu, A Japanese samurai from Sengoku Era.
* Usui Sadamitsu, A Japanese warrior from the Mid-Heian Period.
Modern fictional characters
* Usui Sadamitsu, young female-warrior character in 2000s Otogizoshi (anime)
* Usui Sadamitsu, female-warrior character in Otogi 2: Immortal Warriors game
Arts
* Sadamitsu the Destroyer, A manga series by Masahiko Nakahira. | WIKI |
Malaysia's Axiata scraps $940 million Pakistan deal after regulatory issues
KUALA LUMPUR/SINGAPORE (Reuters) - A unit of Malaysian telecoms firm Axiata Group (AXIA.KL) has called off a $940 million deal to buy 13,000 telecoms towers in Pakistan after regulators there failed to provide all approvals for the transaction announced a year ago. Axiata subsidiary edotco Group Sdn Bhd said in a statement on Monday that it will not proceed with the purchase of Deodar, a unit of Pakistan Mobile Communications Ltd (PMCL) that owns the towers. The deal, announced in August last year, would have made edotco the second-largest multi-country tower operator globally and the eighth-largest independent tower firm. edotco, which is 62.4 percent-owned by Axiata, said some sale conditions had not been met, including regulatory approval for the resulting change of control in Deodar. Sources familiar with the matter said the cancellation came as a surprise because the deal had already won some regulatory approvals. Clearance from Pakistan’s central bank had also been expected. “This deal was supposed to close last year but was stuck with the central bank and the parties kept on extending deadlines,” said one financial source who declined to be named as he was not authorized to speak about the deal. “The patience ran out with the bearish sentiment toward emerging markets. A decision had to be taken,” he said. The sources also said edotco’s plan to raise at least $500 million in an initial public offering at the end of this year or early 2019 is set to be scaled down and could be delayed. The Pakistan central bank did not immediately respond to a request for comment. Regulatory approval deadlines were pushed back several times and while they were never rejected, it was unclear why the approval was not granted, said Ali Naseer, chief corporate and regulatory affairs officer at Jazz, the brand name of the Pakistani mobile operator. “Both parties decided mutually rather than to be in this extended limbo, to terminate the deal and move on to other things,” Naseer said. edotco and its Pakistani partner Dawood Hercules Corp Ltd DAWH.KA had planned to acquire Deodar. Axiata’s shares dropped as much as 2.4 percent after the announcement, but pared losses. Malaysian markets were closed on Monday. TA Securities analyst Wilson Loo said in a report that the termination was a negative as “expectations for the associated growth and earnings accretion at edotco via the inorganic route is effectively removed.” Since it was formed in 2012, edotco has grown rapidly and attracted new shareholders. It currently operates and manages a regional portfolio of more than 28,000 towers in Malaysia, Myanmar, Bangladesh, Cambodia, Sri Lanka and Pakistan. “We continue to develop our pipeline of opportunities into Pakistan as well as into other markets in South and Southeast Asia and are confident we will be able to meet our goals for business growth,” edotco chief executive Suresh Sidhu said in the statement. Reporting by Liz Lee in KUALA LUMPUR and Anshuman Daga in SINGAPORE; additional reporting by Drazen Jorgic in PAKISTAN; Editing by Stephen Coates and Darren Schuettler | NEWS-MULTISOURCE |
MBP File Extension - What is it and how to open MBP format
mbp
Opening MBP files
Have a problem opening a .MBP file? We collect information about file formats and can explain what MBP files are. Additionally we recommend software suitable for opening or converting such files.
What is the .MBP file type?
Primarily, the .mbp extension represents the Mobipocket Highlights/Annotations File (.mbp) file format and type. A subsidiary of Amazon, Mobipocket is the developer of the popular HTML-based MOBI e-book file format understood by most e-book reader devices and software.
The .mbp file is a small (~1 Kb) binary storage of annotations, highlights, and/or notes automatically created when a Mobipocket e-book (.mobi, .azw) is first opened on an Amazon Kindle device. Updated in the process of reading, the MBP file has the same filename and is located in the same directory as its respective e-book file. The MBP file is not an e-book itself, but rather a metafile not intended to be opened directly. MBP files created by different e-book readers may not be entirely compatible.
In addition to MBP, Mobipocket e-books on a Kindle usually have several other metafiles: .apnx (page number information), .ea (end-of-book suggestions, gzipped), and .han (text metadata). When copying a Mobipocket e-book, one should include its metafiles as well.
Besides, the .mbp extension also represents the CyberLink Movie Disk Burning Project (.mbp) file type/format, with reference to CyberLink MediaShow, a proprietary multimedia authoring and CD/DVD burning tool by CyberLink. In this context, an .mbp file is a complete list of video clips and transition effects included in a movie-disk project authored with CyberLink MediaShow. The MBP file contains no actual multimedia data, but provides references to external source files. MBP project files can be opened, edited, and burned onto optical media using CyberLink MediaShow.
Another occurrence of the .mbp extension relates to the MAGIX Burn Project (.mbp) file type, with particular reference to MAGIX Speed, a commercial CD/DVD/Blu-ray authoring software by MAGIX. Here, an .mbp file is a burning project, a text-only hierarchical XML-like list of all files and folders selected to be burned onto an optical disk. MBP project files are saved by default into the "(My) Documents\MAGIX Projects" folder.
Additionally, the .mbp extension occurs in association with the MyBackup Backup Database (.mbp) file type/format. MyBackup (Pro) is a proprietary Android application by RerWare LLC that allows to backup user content from an Android device onto a cloud or external storage such as an SD card. Here, the .mbp file is a single SQLite database containing user data. Apart from MyBackup (Pro), .mbp databases can be limitedly read and processed by several SQLite viewers on different OS'es.
Software to open or convert MBP files
You can open MBP files with the following programs:
CyberLink MediaShow
CyberLink MediaShow by CyberLink Corp.
MAGIX Speed burnR (MSI)
MAGIX Speed burnR (MSI) by MAGIX Software GmbH
MAGIX Speed burnR
MAGIX Speed burnR by MAGIX Software GmbH
MAGIX Speed burnR (MSI)
Popular formats | ESSENTIALAI-STEM |
web development
Portfolio
ASP.NET Model View Controller (MVC) Framework divides an application's implementation into three component roles:
1. Models are the components of the application that are responsible for maintaining state. Often this state is persisted inside a database (for example: we might have a Product class that is used to represent order data from the Products table inside SQL).
2. Views are the components responsible for displaying the application's user interface. Typically this UI is created off of the model data (for example: we might create an Product "Edit" view that surfaces textboxes, dropdowns and checkboxes based on the current state of a Product object).
3. Controllers are the components responsible for handling end user interaction, manipulating the model, and ultimately choosing a view to render to display UI. In a MVC application the view is only about displaying information - it is the controller that handles and responds to user input and interaction.
One of the benefits of using a MVC methodology is that it helps enforce a clean separation of concerns between the models, views and controllers within an application. Maintaining a clean separation of concerns makes the testing of applications much easier, since the contract between different application components are more clearly defined and articulated.
The MVC pattern can also help enable red/green test driven development (TDD) - where you implement automated unit tests, which define and verify the requirements of new code, first before you actually write the code itself.
A few quick details to share in the meantime about the ASP.NET MVC framework:
• It enables clean separation of concerns, testability, and TDD by default. All core contracts within the MVC framework are interface based and easily mockable (it includes interface based IHttpRequest/IHttpResponse intrinsics). You can unit test the application without having to run the Controllers within an ASP.NET process (making unit testing fast). You can use any unit testing framework you want to-do this testing (including NUnit, MBUnit, MS Test, etc).
• It is highly extensible and pluggable. Everything in the MVC framework is designed so that it can be easily replaced/customized (for example: you can optionally plug-in your own view engine, routing policy, parameter serialization, etc). It also supports using existing dependency injection and IOC container models (Windsor, Spring.Net, NHibernate, etc).
• It includes a very powerful URL mapping component that enables you to build applications with clean URLs. URLs do not need to have extensions within them, and are designed to easily support SEO and REST-friendly naming patterns. For example, I could easily map the /products/edit/4 URL to the "Edit" action of the ProductsController class in my project above, or map the /Blogs/scottgu/10-10-2007/SomeTopic/ URL to a "DisplayPost" action of a BlogEngineController class.
• The MVC framework supports using the existing ASP.NET .ASPX, .ASCX, and .Master markup files as "view templates" (meaning you can easily use existing ASP.NET features like nested master pages, <%= %> snippets, declarative server controls, templates, data-binding, localization, etc). It does not, however, use the existing post-back model for interactions back to the server. Instead, you'll route all end-user interactions to a Controller class instead - which helps ensure clean separation of concerns and testability (it also means no viewstate or page lifecycle with MVC based views).
• The ASP.NET MVC framework fully supports existing ASP.NET features like forms/windows authentication, URL authorization, membership/roles, output and data caching, session/profile state management, health monitoring, configuration system, the provider architecture, etc.
A journey of a thousand miles begins with a single step!
Every project is an opportunity to learn, to figure out problems and challenges, to invent, to reinvent and innovate. Without change there is no innovation, creativity, or incentive for improvement. Those who initiate change will have a better opportunity to manage the change that is inevitable... | ESSENTIALAI-STEM |
Page:Federal Reporter, 1st Series, Volume 2.djvu/399
392 FEDERAL REPORÏER. �disability. The captain of the Plainmeller insisted on his own terms, and made the agreement to them a condition of rendering any assistance. I think he took advantage of the Eituatiou of Captain Koberts to exact from his circumstances of present distress an exorbitant and grossly excessive amount. The master of the Adirondack was inexperienced. This was his first voyage as master. He knew little or nothing of machinery, and seems not entirely to have relipd on what his engineer told him as to their ability to repair and go on under steam. His judgment was overborne, by the pressure of the circumstances in which he was placed, to that degree which fully justifies a court of admiralty in relie ving owners of his Bhip from the inequitable bargain into which he improvidently entered. �It is not because the bargain proves to be a hard one that the courts of admiralty set aside such a stipulation. It is because it is obviously unjust, and the parties do not deal on equal terms. The apprehension expressed by the learned counsel for the libellant, that the setting aside of such con- tracts will tend to discourage the rendering of salvage serv- ices, is unf ounded so long as the courts award, as they endeavor to do in every case, such as a sum as will be not only a quan- tum meruit for the time and labor employed in the service, but a reliable reward for the assistance reudered and the per- ils voluntarily incurred. If the amount agreed upon exceeds Eomewhat the accustomed measure of this liberal reward, it will not be disturbed, if deliberately and understandingly assented to, without the judgment of the promising party being overborne by the distress in which be is placed; but where the amount agreed upon is more than double, or, as in this case, nearly treble, that measure of liberal reward, the upholding of the contract.would invite rapacity, and tend to prevent the rendering, upon just andproper terms, of salvage service under circumstances in which it is for the interests of commerce that it should be oiïered and not refused. �If it were understood that double salvage, if insisted on and agreed to, must be paid, except in case of actual fraud, some masters to whom assistance is offered would refuse to agree, ���� | WIKI |
Super Suppers
Super Suppers was a US food preparation franchise operation based in Fort Worth, Texas. It specialized in providing space for families to prepare meals ahead of time for freezing and cooking at home. Once at 165 stores, the franchise ceased operations in 2011; currently six independently owned stores exist and are entitled to use the Super Suppers name and visual branding.
The concept of Super Suppers was to give busy families the opportunity to prepare home-cooked meals ahead of time. Each month a twelve-item menu would be made available throughout the chain. Clients would sign up for a session to prepare these meals, with recipes and all required ingredients provided. The standard session provided all twelve meals from that month's menu for around US$200. Each meal served six, and the firm's official website suggested a typical cost of US$3 to $3.50 per serving.
The Web site further described its founder, Judie Byrd, as having "created Super Suppers to meet the demanding needs of busy parents who want to create quality family time around the dinner table - but don't have the extra time and energy to pull it off." Byrd has authored several family-oriented cookbooks.
Stores also offered alternatives including grab-and-go of pre-assembled meal preparations, call-ahead-curbside pickup of store-assembled meal preps, and a fundraising-sales program.
A Super Suppers franchise in Cumming, Georgia, was profiled by the Food Network show Recipe for Success.
The franchise enjoyed early success, but suffered from a number of problems attributed to growing pains, amateur management and nepotism. Most corporate leaders were members of Byrd's family, and did not have appropriate training or experience outside the fledgling Super Suppers business. In addition, while the recipes were touted to be "chef created and tested," they often did not work once out in the field, and individual stores had to modify recipes, assembly instructions and cooking directions. The company also underestimated high food costs to support the retail pricing structure and quality required in order to meet industry standards and customer expectations. Perhaps the biggest problem for the franchise came when the corporate leaders decided to change website providers; the business, which was Internet-based, found itself without any web presence for several weeks while the web provider tried to get the system back online. It was later discovered that the new web provider had no experience in creating the type of e-commerce website required by the business, and that the former developer had disappeared. Despite these setbacks, the company continued to sell franchises and try to support existing stores with the staff they had.
Eventually, new store sales ground to a halt and a growing number of existing stores closed under a burden of high operating expenses, high food costs, increased competition and lack of business experience and training. Super Suppers ceased its corporate operations in 2011; the remaining open stores were allowed to continue to use the Super Suppers branding and visual identity. Currently, none of the open stores allow customers to make their own meals, but instead either custom-make orders themselves for pickup or delivery, or have an available supply of "grab-n-go" meals ready to take and bake.
Store Closings
A Forbes Magazine article dated March 8, 2008, describing Super Suppers as the second-largest franchisor in the meal assembly franchise business with 165 units, traced the industry's rapid expansion followed by a precipitous rate of store closings ("...large chains (with more than 100 stores) have shuttered 11% of their stores...") and accompanying franchisee disappointment. | WIKI |
Max Dresden
Max Dresden (April 23, 1918, Amsterdam – October 29, 1997, Palo Alto) was a Dutch-American theoretical physicist and historian of physics. He is known for his research in "statistical mechanics, superconductivity, quantum field theory, and elementary particle physics."
Biography
Dresden studied at the University of Amsterdam and at the University of Leiden, where he received the Dutch equivalent of an M.S. in 1938 and was a research assistant of H. A. Kramers. Kramers helped him get a studentship research position in 1939 at Columbia University under the supervision of Enrico Fermi. Dresden received his Ph.D. in 1946 from the University of Michigan. His thesis On the Problem of the Approach to Equilibrium in Statistical Mechanics was supervised by George Uhlenbeck. In 1949 Dresden became a US citizen.
He was from 1946 to 1957 a faculty member of the physics department of the University of Kansas, where he was eventually promoted to full professor. At Northwestern University he was from 1957 to 1960 a professor and chair of the physics department. He was a professor from 1960 to 1964 at the University of Iowa and then from 1964 until his retirement in 1989 at the State University of New York at Stony Brook (SUNY), where he headed the Institute for Theoretical Physics. He won four teaching awards at Stony Brook. After his retirement as professor emeritus, he was from 1989 at SLAC a visiting scientist and at Stanford University a consulting professor in the history of physics. At various times during his career he held visiting positions at Fermilab, the Johns Hopkins University, the Argonne National Laboratory, the CERN, and the Niels Bohr Institute in Copenhagen.
"His research has spanned nearly all of theoretical physics including statistical mechanics, superconductivity, quantum field theory, the behavior of positrons, parastatistics, symmetries and S matrix theory, particle physics, nonstandard analysis, and nonlinear dynamics." Dresden was elected a fellow of the American Association for the Advancement of Science in 1989. His doctoral students include James T. Cushing, Martin Gutzwiller, Paul Halpern, and Jorge Zanelli.
He was married twice and had four children.
Articles
* Chapter 8. Non-equilibrium statistical mechanics or the vagaries of time evolution by Max Dresden, pages 585–633 in Laurie Brown, Abraham Pais, Brian Pippard (editors) Twentieth Century Physics, Vol. 1, 1995, IOP Publishing/AIP Press
* Chapter. On personal styles and tastes in physics by Max Dresden, in C.S. Liu, S.T. Yau (editors) Chen Ning Yang: a great physicist of the 20th century, International Press 1995
* Chapter 8. Non-equilibrium statistical mechanics or the vagaries of time evolution by Max Dresden, pages 585–633 in Laurie Brown, Abraham Pais, Brian Pippard (editors) Twentieth Century Physics, Vol. 1, 1995, IOP Publishing/AIP Press
* Chapter. On personal styles and tastes in physics by Max Dresden, in C.S. Liu, S.T. Yau (editors) Chen Ning Yang: a great physicist of the 20th century, International Press 1995
* Chapter. On personal styles and tastes in physics by Max Dresden, in C.S. Liu, S.T. Yau (editors) Chen Ning Yang: a great physicist of the 20th century, International Press 1995
Books
* H.A. Kramers: Between Tradition and Revolution, Springer 1987 ISBN 978-1-4612-9087-2; 2012 ebook ebook ISBN 978-1-4612-4622-0
* as editor with Lillian Hoddeson and Laurie Brown: Pions to quarks: Particle physics in the 1950s, Cambridge University Press 1989
* as editor with Lillian Hoddeson, Laurie Brown, and Michael Riordan: The rise of the Standard Model: Particle physics in the 1960s and 1970s, Cambridge University Press 1997 (with an introduction by Hoddeson on The rise of the standard model 1964–1979, pp. 3–35) hbk ISBN 0-521-570-82-4; pbk ISBN 0-521-57816-7 | WIKI |
Trump's travel ban hits hospitals hard (Opinion)
Ford Vox is a physician specializing in rehabilitation medicine and a journalist. He is a medical analyst for NPR station WABE-FM 90.1 in Atlanta. He writes frequently for CNN Opinion. Follow him on Twitter @FordVox. The opinions expressed in this commentary are his. (CNN)The White House's travel ban encompassing seven majority-Muslim countries is a blunt instrument that's already wreaking havoc and the impact is already being disproportionately felt in American health care. The administration emphasizes it's preventing only a "small percentage" of global travelers from entering or leaving the country, but our hospitals rely on a steady influx of international physicians to keep running. Throughout my medical career I've benefited from working alongside medical graduates from around the world. I've enjoyed professional relationships with Russians, Saudis, Canadians, Israelis, Iranians and Italians in the halls of medical centers in Alabama, Ohio, Missouri, Massachusetts and Georgia. Thanks to our conversations between cases I've learned about different medical systems and different approaches to managing the same conditions, and I've enjoyed their camaraderie. Today I work at one of the top rehabilitation hospitals in the country, and on our wards I've recently had the pleasure of overseeing a resident physician from Iran who's doing her rehabilitation specialty training through Emory University School of Medicine. She holds an H-1B visa, the kind our government grants to the highly skilled workers our economy needs. Under President Trump's new order, even after the interventions of two federal courts, if she left the country for any reason, such as going to visit family, she might be locked out from returning. Her colleagues, including myself, trust her to care for patients at the country's eighth ranked rehabilitation hospital, but our government doesn't trust her enough to let her travel. Other doctors made the mistake of being out of the country the same week Donald Trump started flexing his newfound powers. Border agents ejected a Cleveland Clinic physician who arrived at John F. Kennedy Airport on Saturday, directing her back to Saudi Arabia (she holds a Sudanese passport). On Sunday the clinic took a bold stand against the White House's disruptive new policy, saying it had caused uncertainty for its employees and that the clinic is "fully committed and actively working toward the safe return of any of our employees who have been affected by this action." Anyone who doesn't work in health care may be surprised to learn just how much American medicine, ranging from the Cleveland Clinic to your own local hospital, relies on physicians from abroad. International medical graduates represent an essential influx of talent that supplements our own domestic medical school trainees, who are in too short supply to treat everyone who needs care in our communities. Our training hospitals posted job listings for 27,860 new medical graduates last year alone, but American medical schools only put out 18,668 graduates. International physicians percolate throughout the entire medical system. To highlight just one particularly intense specialty, fully 30% of American transplant surgeons started their careers in foreign medical schools. Even with our current influx of international physicians as well as steadily growing domestic medical school spots, the Association of American Medical Colleges estimates that we'll be short by up to 94,700 doctors by 2025. The President's decision is as ill-timed as it was sudden. The initial 90-day order encompasses Match Day, the already anxiety-inducing third Friday in March when medical school graduates officially commit to their clinical training programs. Unless the administration or the courts quickly fix the mess President Trump just created, many American hospitals could face staffing crises come July when new residents are slated to start working. The international doctors who come to our shores represent some of the best ambassadors for their native countries, but they all have their own reasons for choosing to build medical careers in America. In doing so many are looking to leave behind more authoritarian regimes. When it comes to the impact on our health care system, some countries may appreciate President Trump's new medical blockade. As the Iranian-born resident working with me pointed out, her home government will be happy to see its educated citizens and scientists stay right where they are. "If [Trump] wants to fight with the Iranian government in this way, it doesn't work at all." It doesn't seem to matter what element of American medicine this President touches; on issues ranging from vaccines to health insurance to simply keeping our hospitals staffed, Trump has a way of downgrading his patient to life support. We have a phrase for this kind of unfortunate person in medicine, and it doesn't matter whether you graduated from med school in Iran or Alabama, you know it: a black cloud. If your black cloud persists, you might need to think about an alternate career. With his cloud's darkness spreading fast, it's past time Trump step away from the health care policy arena. | NEWS-MULTISOURCE |
Jonathan Dollimore
Jonathan G Dollimore (born 1948) is a British philosopher and critic in the fields of Renaissance literature (especially drama), gender studies, queer theory (queer studies), history of ideas, death studies, decadence, and cultural theory. He is the author of four academic books, a memoir, and numerous academic articles. With Alan Sinfield he was the co-editor of and key contributor to Political Shakespeare, and the co-originator of the critical practice known as cultural materialism. Dollimore is credited with making major interventions in debates on sexuality and desire, Renaissance literary culture, art and censorship, and cultural theory.
Early life
Dollimore was born in 1948 in Leighton Buzzard, England. After leaving school at fifteen he took a job operating a lathe in a car factory, and spent much of his spare time riding motorbikes at high speeds. At sixteen he suffered a serious road accident that necessitated a lengthy stay in hospital; it was during this period of convalescence that Dollimore decided to become a writer. He spent four years as a reporter for a local newspaper before taking an A-level in English at Luton College of Technology, followed by a BA in English and Philosophy at Keele University. Dollimore achieved first class honours, but found the teaching, particularly of philosophy, uninspiring. He later wrote: "I was discovering back then that philosophy was not only more important than the academic study of it allowed, but that as a subject it needed to be turned against the academy which diminished it. That became the basis of everything I subsequently wrote".
Career
In 1974 Dollimore began a PhD at Bedford College, University of London (now part of Royal Holloway, University of London), but abandoned his projected thesis after little more than a year when he took up a lectureship at the University of Sussex. However, he was awarded his PhD in 1984 when the University of London allowed him to submit his first book, Radical Tragedy: Religion, Ideology, and Power in the Drama of Shakespeare and his Contemporaries in lieu of a thesis. To meet university regulations, the book was required to be housed inside a cardboard box identical in colour and size to a conventional thesis. In 1991, now a Reader at the University of Sussex, Dollimore co-founded with his then-partner Alan Sinfield the Centre for the Study of Sexual Dissidence, which, as he later recalled, was met with horror by some commentators: "One Tory MP said that the University should be shut down, disinfected AND subjected to the financial equivalent of carpet bombing. An opinion writer in The Sun newspaper agreed, but added that the carpet bombs should be real". Dollimore later became Professor of English and Related Literature at the University of York.
Major works
Radical Tragedy: Religion, Ideology and Power in the Drama of Shakespeare and his Contemporaries (1984, 2nd edition 1989, 3rd edition 2004, reissued 3rd edition 2010)
In his first book, Dollimore argues that the humanist critical tradition has distorted for modern readers the actual radical function of Early Modern English drama, which had to do with 'a critique of ideology, the demystification of political and power relations and the decentring of "man"'.
Political Shakespeare: Essays in Cultural Materialism, edited with Alan Sinfield (1985, 2nd edition 1994)
Treading the same path as Radical Tragedy, this collection of essays by leading writers on Shakespeare has as its goal to replace our idea of a timeless, humane and civilising Shakespeare with a Shakespeare anchored in the social, political and ideological conflicts of his historical moment. Dollimore contributes three essays to the expanded second edition, including an introduction that explains and defends his approach. Also included are essays by Stephen Greenblatt, Alan Sinfield and Kathleen McLuskie.
Sexual Dissidence (1991, 2nd edition 2018)
In Sexual Dissidence, Dollimore sets out "to retrieve lost histories of perversion", in part by tracing the term "perverse" back to its etymological origins in Latin and its epistemological origins in Augustine. Oscar Wilde takes centre stage, but the book also discusses writers including André Gide, Freud, and Foucault, and topics such as desire, transgression, homophobia, and cross-dressing. The second edition includes a new introduction that locates the book in its original contexts, and also offers a reading of Wilde’s novel Dorian Gray and an outline of a critical practice, derived from cultural materialism, whereby literature is used to “read” philosophy rather than vice verse.
Death, Desire, and Loss (1998)
In a wide-ranging survey from Anaximander to AIDS, Dollimore presses his case that the drive to relinquish the self has always lurked within Western notions of identity and can be found above all, "perversely, lethally, ecstatically" in sexuality.
Sex, Literature, and Censorship (2001)
Dollimore explores the relationship between criticism, ethics and aesthetics, centring his discussion on literature’s "dangerous knowledge". He calls for a shift in critical values from theoretical learning to experiential knowledge, endorsing a criticism capable of "being historically and imaginatively inside a perspective which one is also critically resisting; struggling to escape its failures while seeing that one has already been changed by it". The book contains a lengthy discussion of what Dollimore calls "wishful theory," and the development of his idea of the daemonic: the inhumane values found at the heart of literature and civilization that traditional critics have ignored.
Desire: A Memoir (2017, 2nd expanded edition 2021)
In this autobiographical work, Dollimore pays particular attention to sex and identity, depression and loss, and the relationship between academic work and gay subcultures in the United Kingdom, Australia, and New York. In a review, Andrew Gibson writes "Desire may tell us more about what was at stake in our culture, especially British culture, from the late sixties to the early nineties (the period the memoir covers) than many another book that may address the theme in a more deliberate and learned fashion".
Ideas
Cultural materialism
As defined and originated by Dollimore and Alan Sinfield, cultural materialism is a way of reading that, at its simplest, can be defined as "a combination of historical context, theoretical method, political commitment and textual analysis". As Christopher Marlow puts it, "Above all else, cultural materialists consider texts from a materialist rather than an idealist perspective. This means rejecting critical clichés such as the idea that Shakespeare’s works demonstrate a revelation of something called ‘human nature’, and instead paying attention to the actual circumstances in which texts are written and read. Thus where traditional criticism sees Shakespeare’s era as one that comfortably maintained a conservative political status quo, cultural materialism finds evidence of dissent and subversion. Being a materialist also means abandoning the idea that literary criticism exists in a privileged scholarly realm ‘above’ politics and thus offers unbiased readings of Shakespeare and other literary texts. For cultural materialists, all readings are political readings, not least, of course, their own".
The perverse dynamic
"The perverse dynamic", is one of Dollimore’s most crucial theoretical concepts, first described in Sexual Dissidence, and later applied in Sex, Literature, and Censorship. The "perverse dynamic" is the production of perversion from within the very social structures that are offended by it and often enforce against it. The perverse "other" turns out not to be the remote alien thing it is supposed to be, enabling a "tracking-back of the ‘other’ into the ‘same’". This return of the suppressed via the proximate Dollimore calls "transgressive reinscription."
Wishful theory
This phrase is used by Dollimore in his later work to refer to versions of cultural criticism that have abandoned "the effort to understand the historical real as we inherit and live it". Playing on Marx’s famous tenet that as human beings "we can make history, but not in conditions of our own choosing", Dollimore remarks that "wishful theory is akin to trying to make history in conditions of our own choosing". In making this point, he reaffirms his commitment to praxis as well as theory.
Recent writings
In "Civilization and its Darkness" (2012) Dollimore examines Joseph Conrad's novel Heart of Darkness, and explores the relationship between civilisation and the forces that subvert and destroy it. Civilization, Dollimore writes, "is, at some level, profoundly and necessarily limited, focused and exclusionary, built on repressions which remain constitutive." The repressed forces, however, re-emerge intensified, which means that "only the most highly civilised can become truly daemonic." Dollimore also reiterates, from Sex, Literature and Censorship, his belief that "to take art seriously is to recognise that it has the power to compromise both our morality and our humanity."
Dollimore, in his extended "Foreword" to Ewan Fernie's book The Demonic (2012), discusses the modern state of literary criticism. He dislikes the "obscurantist" tendencies of some critical and cultural theory, but he also deplores the fact that "historicism in one newish form or another, has become a new orthodoxy." The most committed historicism, Dollimore claims, "tends towards a policing of the play [or whatever else] against interpretation. It doesn't just avoid questions of value, but represses them; in other words it's a contextualising which is also, and more fundamentally, a containment."
A call for a new sort of spiritually intense living runs through Dollimore's recent writings. For example, in his "Foreword", he counsels that "authenticity is more often than not outside the doxa," and states: "almost everything that is done, including what we ourselves do, be it at the macro or the micro level, could and should be done more authentically, more honestly, more meaningfully, more truthfully."
In an interview with David Jonathan Y. Bayot published as Jonathan Dollimore in Conversation (2013), Dollimore discusses theory, aesthetics, ethics, and politics, and considers how to mobilize them alongside desire and spirituality for a radical materialist practice. He explains the continuing relevance of cultural materialism, and defends it against what he calls "dogged misunderstanding" of some of its theoretical positions.
In "Then and Now" (2014), Dollimore reflects upon cultural materialism and the publication of Political Shakespeare, and goes on to examine the question of human nature through the lens of evolutionary biology. He advises that literary scholars take science seriously, and considers the possibility that culture itself may be counter-evolutionary.
Personal life
In the 1970s and 1980s, Dollimore shared a cottage in Shropshire with his partner, Alan Sinfield.
Selected publications
* Dollimore, Jonathan (1983) (with Alan Sinfield). The Selected Plays of John Webster: The White Devil, The Duchess of Malfi, The Devil's Law Case. Cambridge University Press. ISBN 978-0-521-27103-5.
* Dollimore, Jonathan (1994) (with Alan Sinfield). Political Shakespeare: Essays in Cultural Materialism. Cornell University Press (North America); Manchester University Press (UK). ISBN 978-0-8014-8243-4 (N. Am.);<PHONE_NUMBER>529 (UK).
* Dollimore, Jonathan (1998). Death, Desire and Loss in Western Culture. Routledge. ISBN 978-0-415-92174-9.
* Dollimore, Jonathan (2001). Sex, Literature, and Censorship. Polity Press. ISBN 978-0-7456-2763-2.
* Dollimore, Jonathan (2010). Radical Tragedy: Religion, Ideology and Power in the Drama of Shakespeare and His Contemporaries. Rev. 3d ed. Basingstoke, UK: Palgrave Macmillan. ISBN 978-0-230-24313-2.
* Dollimore, Jonathan (2011). "On Leaving" in Crrritic! (eds. John Schad and Oliver Tearle, Sussex Academic Press). ISBN<PHONE_NUMBER>829.
* Dollimore, Jonathan (2012). "Civilization and its Darkness" in Conrad's Heart of Darkness and Contemporary Thought: Revisiting the Horror with Lacoue-Labarthe (ed. Nidesh Lawtoo, Bloomsbury Academic). ISBN<PHONE_NUMBER>006.
* Dollimore, Jonathan (2012). "Foreword" to Ewan Fernie, The Demonic (Routledge). ISBN<PHONE_NUMBER>256.
* Dollimore, Jonathan (2013). Jonathan Dollimore in Conversation (with David Jonathan Y. Bayot). Manila: De La Salle University Publishing House (Philippines). ISBN 978-971-555-586-9.
* Dollimore, Jonathan (2014). "Then and Now." Critical Survey 26.3: 61–82..
* Dollimore, Jonathan (2018). Sexual Dissidence. 2nd ed. Oxford: Oxford University Press. ISBN 978-0-19-882705-4.
* Dollimore, Jonathan (2021). Desire: A Memoir. 2nd ed. Lanham, MD: Rowman & Littlefield. ISBN 978-1-78661-500-8. | WIKI |
Can you tone muscle while pregnant?
Yes, you can still tone your tummy muscles while pregnant! Try these moves to strengthen your core and support your back.
Can you build muscle tone while pregnant?
For some women, I would say, yes, it is possible to gain muscle mass during pregnancy if you START a resistance training regimen (with sufficient load) during that time.
Can you tone and lose fat while pregnant?
In the past, doctors didn’t want to promote weight loss during pregnancy for women with obesity because they were afraid it would hurt the baby. But new research shows that women with obesity can safely exercise and diet to lose weight without any negative impact on their baby’s well-being.
Can you tone your legs while pregnant?
Clasp your hands together in front of you or hold a dumbbell. Engage your core and using your glutes, begin lifting your body off your legs until your body is straight. Focus on keeping your glutes and core engaged. On an inhale, slowly lower your glutes back toward your heels.
Can I get in better shape while pregnant?
For most women, yes, you can get in better shape while pregnant. How fit you can get will depend on several factors. The most important one is your pre-pregnancy exercise activity. If you didn’t exercise much before pregnancy, then you should definitely consider improving your fitness now.
Can you change your body composition while pregnant?
Even if you were in good shape before pregnancy, physical changes to your body like additional weight gain and the appearance of a postpartum belly (diastasis recti) are inevitable following childbirth. There is good news for those who do become pregnant: you can regain your body composition.
Can you lose 30 pounds while pregnant?
After all, women are generally told to put on a total of 25 to 35 pounds during pregnancy, depending on their BMI. But what if you’re losing weight while pregnant? It can happen. Depending on when it occurs, pregnancy weight loss could be perfectly normal or possibly concerning.
How can I stay slim during pregnancy?
How to avoid gaining too much weight during pregnancy
1. Start pregnancy at a healthy weight if possible.
2. Eat balanced meals and refuel often.
3. Drink up (water, that is)
4. Make your cravings constructive.
5. Choose complex carbs.
6. Start a simple walking routine.
7. If you’re already moving, don’t stop.
8. Make weight a regular discussion.
How can I tone my thighs while pregnant?
Keeping your body weight toward your heels, bend both knees, lowering hips to the floor as if sitting in a chair; don’t let your knees extend over your toes. Straighten legs to starting position, squeezing buttocks at the top of the lift to bring your hips back under your shoulders. Do 2 sets of 15 reps.
Can you lose leg fat while pregnant?
While pregnancy is not an appropriate time to embark on a weight loss program, it is possible to improve muscular fitness and even slim down a few trouble spots such as your hips and butt. A few simple exercises are safe to perform during pregnancy and can help you achieve your goals.
Can I do the plank while pregnant?
Can you do planks while pregnant? Yes, planks are safe for most women throughout pregnancy. Static, endurance-based exercises like planks are actually ideal for expecting women because they strengthen both your abs and your back. They also put less pressure on the spine than dynamic exercises, like crunches.
Do your thighs get bigger during pregnancy?
Pregnancy hormones drive this unique pattern of fat accrual. Even worse news? For the average pregnant woman, a fifth or more of the fat she gains goes to her upper thighs.
Does your body store fat differently when pregnant?
Conclusion: Subcutaneous body fat is stored and utilized at different sites at specific times during and after pregnancy. The pattern and amount of change varies depending on characteristics of women and their pregnancies.
What trimester do you gain the most weight?
However, for many women, weight gain slows or stops in the last month. Because of this, most women gain the most weight during their second trimester of pregnancy.
Does your body burn more calories when pregnant?
Do you burn more calories when pregnant? Yes, you burn more calories when you are pregnant because of the increase in weight and body surface area. At baseline, your body has to burn calories just to keep your heart pumping, brain functioning, blood flowing, and muscles working.
What happens to belly fat during pregnancy?
If you have a prominent layer of fat blanketing your abdominal area, it may take longer for your baby bump to become obvious or you may experience a different kind of change in the appearance of your belly. Maybe it won’t become bigger, but the shape may shift a bit—you might look rounder, for example.
Can I get rid of love handles while pregnant?
The best way to get rid of love handles during pregnancy is to control weight gain and perform exercises that both burn calories and strengthen the core muscles. This workout will get your blood pumping to help burn extra calories while also targeting your love handles during pregnancy.
Can you lose 50 pounds while pregnant?
The authors of a 2015 meta-analysis reviewed six studies and concluded that, in general, doctors should not recommend weight loss for women with obesity during pregnancy. They suggest that losing weight at this time can increase the risk of complications to the baby.
Why is my belly so big at 6 weeks pregnant?
Maybe you’re putting on weight around 6 to 8 weeks — which in your mind is quite early. One plausible explanation for an early bump, though, could be abdominal bloating. An increase in hormones can cause your body to retain fluid. So what you believe to be all baby bump may actually be a bloated stomach.
Will my hips stay wider after pregnancy?
Your ribs may have expanded, and your hips will often widen to make it easier for the baby to exit the birth canal. For some women wider ribs and hips will be permanent.
Can I do crunches while pregnant?
Is it safe to do situps or crunches while pregnant? Many moms-to-be worry that certain activities may hurt their baby. However, when it comes to situps, Dr. Vonne Jones, MD, FACOG, says this exercise won’t harm the baby.
Can I do lunges and squats while pregnant?
Squats help to maintain balance and coordination as your center of gravity shifts with your growing belly. Squats and lunges during pregnancy are a low-impact exercises that will elevate your heart rate and keep your cardiovascular system strong.
Can I do burpees while pregnant?
Burpees are a fundamental CrossFit move, but the traditional form isn’t safe during the second or third trimester. This modified version will still get your heart rate pumping, but with less jarring and jumping. Stand in front of the elevated surface with your toes pointed slightly out.
Will pregnancy cellulite go away?
All women will experience some kind of weight gain during their pregnancy, and it’s not always easy to get rid of afterward. Many women will also develop cellulite, which can be even more difficult to get rid of than the extra belly fat. Unfortunately, cellulite won’t just fade away after your pregnancy.
How much weight do you lose after giving birth?
How much weight do you lose after giving birth? Once baby has been delivered (along with their accompanying placenta and amniotic fluid), most women lose an average of 10 to 13 pounds.
What’s the average weight for a pregnant woman?
A woman who was average weight before getting pregnant should gain 25 to 35 pounds after becoming pregnant. Underweight women should gain 28 to 40 pounds. And overweight women may need to gain only 15 to 25 pounds during pregnancy.
How can I speed up my metabolism while pregnant?
Eating During Pregnancy
This takes extra energy, and extra energy means extra calories. The American Pregnancy Association recommends increasing food consumption by 300 calories per day. Getting enough of the energy, vitamins and minerals you need will keep you and your baby healthy during gestation.
What is an apron belly pregnancy?
Also known as a pannus stomach or mother’s apron, apron belly occurs when the belly and fat surrounding the internal organs expands due to weight gain or pregnancy, resulting in additional fat deposits in the omentum (an apron-like flap under your abdominal muscles and in front of your intestines.)
Why do I feel so fat while pregnant?
The pregnant woman’s main weight gain comes from getting her body to work efficiently, to ensure this happens. For that extra weight to develop – in the form of a growing baby, placenta, amniotic fluid, umbilical cord, breast tissue, and fat stores – your body needs to do a lot of extra work.
How do I lose my muffin top after pregnancy?
After you have had your baby start walking regularly to help with a post pregnancy muffin top look. Especially to do this while pushing your baby in a pram with brisk walking. While you are pushing your pram with brisk walking you are tightening up the abdominal wall muscles.
What week does belly get hard?
Hardening is mostly due to excessive stretching of abdominal muscles. This generally happens around weeks 7 and 8. It is normal for the lower abdomen to appear more swollen and harder than when you were not pregnant. What to do: Because this is a normal finding, no specific treatment is required.
What week is the most common week to miscarry?
Most miscarriages happen in the first trimester before the 12th week of pregnancy. Miscarriage in the second trimester (between 13 and 19 weeks) happens in 1 to 5 in 100 (1 to 5 percent) pregnancies. As many as half of all pregnancies may end in miscarriage.
Can I lay on my stomach at 6 weeks pregnant?
Sleeping on your stomach is fine in early pregnancy — but sooner or later you’ll have to turn over. Generally, sleeping on your stomach is OK until the belly is growing, which is between 16 and 18 weeks. Once your bump starts to show, stomach sleeping gets pretty uncomfortable for most women. | ESSENTIALAI-STEM |
Definition: Duck typing in computer programming is an application of the duck test—“If it walks like a duck and it quacks like a duck, then it must be a duck”—to determine if an object can be used for a particular purpose.
- Dr. WikiPedia
Seems simple, can be complicated. Why all of a sudden, I am writing about this? As most of you would know, I mostly write and rant about C++, C++11 introduced a magic keyword called auto for automatically inferring data types. And was having a discussion whether it should be used or not. While the other person was aggressively promoting the usage of auto, I was more into using it only when I absolutely required. The sole reason I hate most scripting languages is their dynamic typing.
Coming back to auto, I recalled one situation which made me regret for using it.
auto size_qvector = qvector_object.size(); // returns an int
auto size_vector = std_vector_object.size(); // returns an unsigned long
qvector_object is an object of QVector class, which Qt provides, std_vector_object is an object of std::vector available in the standard library. Both of them function almost in the same way and both of them have a size method to get the current size of the vector. But the QVector one returns an int while the std::vector one returns an unsigned long. To be honest it doesn't look that harmful in the first sight. But the moment you start decrementing both, the story changes. Well, I was kind of responsible for the situation too, cause I used -1 to show the object hasn't been used at all and when you give a negative value to an unsigned variable, we all know what kind of ugly stuff can happen. On top that, this thing can go entirely unnoticed while writing the code, if not properly tested can also land into production some day.
Okay now, more about duck typing and obviously everything is going to be in C++. Lets try a traditional example,
#include <iostream>
#include <memory>
struct duck {
virtual void quack() = 0 ;
};
struct random_animal : public duck {
void quack() {
std::cout << "animal quack" << std::endl;
}
};
struct random_bird : public duck {
void quack() {
std::cout << "bird quack" << std::endl;
}
};
void make_quack(std::shared_ptr<duck> d){
d->quack();
}
int main(){
// one of the cases where it is safe to use auto
auto animal = std::make_shared<random_animal>();
auto bird = std::make_shared<random_bird>();
make_quack(animal);
make_quack(bird);
}
Output:
animal quack
bird quack
If that was a traditional example what would a non traditional example look like? lets see that too,
#include <iostream>
#include <iomanip>
template<typename Shape>
struct base_shape {
typedef int perimeter_type;
};
struct triangle{
int _a, _b, _c;
triangle(int a, int b, int c):
_a(a), _b(b), _c(c)
{ }
int perimeter(){
return _a + _b + _c;
}
};
template<>
struct base_shape<triangle>{
typedef int perimeter_type;
};
struct rect{
int _a, _b;
rect(int a, int b):
_a(a), _b(b)
{ }
double perimeter(){
return 2*(_a + _b);
}
};
template<>
struct base_shape<rect>{
typedef double perimeter_type;
};
template<class Shape>
typename base_shape<Shape>::perimeter_type get_perimeter(Shape s){
return s.perimeter();
}
int main(){
std::cout << std::fixed << std::setprecision(5);
triangle t(4,5,6);
std::cout << get_perimeter(t) << std::endl;
rect r(5,4);
std::cout << get_perimeter(r) << std::endl;
return 0;
}
Output:
15
20.00000
In the above case it was more if it has a perimeter, it is a shape instead of if it quacks like a duck it is a duck.
But the most important part is, both of them show the same thing, that is Interface Based Programming, with one showing runtime polymorphism and another compile time polymorphism. The first example is pretty easy to understand and also can be seen in “Introductory C++” courses, the second one is kind of hard to get at the first sight, but it is far more efficient than the first one. The types are decided while the program is compiling in the second example, instead of the runtime which makes compiling take a little bit more time but that is more reliable and faster during runtime.
I am darn sure most of the folks reading this post would be like, but hey, have you ever seen the how the compiler behaves on finding a template error? Yes, a definitely yes, I have wasted not a day but a whole week debugging one of such errors. The errors are pretty disheartening and depressing, it is hard to make sense out of them, even though we can't fully take care of that, we can tackle the situation up to a state where it can be tolerated by using concepts. And thankfully I won't go blabbering anymore, cause there are some wonderful blogs for understanding concepts, you can find them here and here. | ESSENTIALAI-STEM |
Collar number
A collar number, also known as a shoulder number, force identification number (FIN) or occasionally as force number (although this can also refer to the ID number of a force itself), identifies police officers, police community support officers (PCSO), special constables (SC or SPC) and some police staff in UK police forces – other law enforcement agencies, such as HM Prison Service, have also adopted identification numbers. Although now displayed on epaulettes (i.e. on the shoulder), it is still commonly referred to as a collar number. Although most forces issue a collar number to all warranted officers regardless of role, only uniformed officers of the ranks constable and sergeant actually display the numbers.
In most forces it is simply a one- to five-digit number, but in larger forces a letter code (also known as a division call sign) may be added to indicate the officer's base area or unit. In some forces different types of staff (paid ('regular') police officers, special constables, PCSOs and other police staff) are assigned different ranges of numbers, so a person's role can be deduced from the number, but these systems are force specific and there is no national standard.
France
In France, the wearing of the collar number is compulsory, save a few exceptions, from 1 January 2014.
Ireland
Uniformed members of the Garda Síochána wear an epaulette, bearing their unique "shoulder number". In the Dublin Metropolitan Region the shoulder number starts with the letter of the district, while in the rest of the country, shoulder numbers begin with the letters of the division.
New Zealand
Uniformed constables and sergeants of the New Zealand Police wear an epaulette, bearing their unique "registered number".
City of London
Until recently, collar numbers consisted of a number followed by a single letter to indicate the division (e.g. "PC 123A").
In 1914, the force was reorganised into four divisions, each named after its police station:
* {| class="wikitable"
! Divisional letter !! Division
* A || Moor Lane
* B || Snow Hill
* C || Bishopsgate
* D || Cloak Lane
* }
* C || Bishopsgate
* D || Cloak Lane
* }
* }
Moor Lane Police Station was destroyed in the Blitz in 1940, and A Division was abolished and distributed amongst the three remaining divisions. Cloak Lane Police Station was closed down in 1946, and D Division was transferred to the new Wood Street Police Station. The divisions after 1946 therefore stood at:
* {| class="wikitable"
! Divisional letter !! Division
* B || Snow Hill
* C || Bishopsgate
* D || Wood Street
* }
* D || Wood Street
* }
* }
In 1984, the force was reduced to two territorial divisions, based at Snow Hill Police Station and Bishopsgate Police Station (still B and C Divisions), together with support divisions, and the divisions subsequently stood at:
* {| class="wikitable"
! Divisional letter !! Division
* A || Anti-Terrorism & Public Order
* B || Snow Hill
* C || Bishopsgate
* D || Specialist Crime Operations
* E || Professional Development Unit
* F || Economic Crime Department
* }
* D || Specialist Crime Operations
* E || Professional Development Unit
* F || Economic Crime Department
* }
* F || Economic Crime Department
* }
In February 2009, all the divisions were abolished and the force was divided into directorates (with all patrol officers falling within the new Territorial Policing Directorate, subsequently incorporating certain specialist units and becoming the Uniformed Policing Directorate). All officers' collar numbers were then suffixed by the letters "CP" rather than a divisional letter. In a fashion similar to the Metropolitan police,some units such as Traffic and the Support Group, have their collar number supplemented by either the T or U respectively in order to differentiate their additional training and skill set.
Collar numbers are allocated as follows:
* {| class="wikitable"
! Range !! Officers
* 1–149 || Sergeants
* 150–999 || Constables
* 1000–1099 || Special Sergeants
* 1100–1299 || Special Constables
* 2000–2099 || PCSOs
* }
* 1100–1299 || Special Constables
* 2000–2099 || PCSOs
* }
* 2000–2099 || PCSOs
* }
Metropolitan Police
A number, followed by one or two letters indicating the station/sector, borough, or unit. Current practice favours use of borough codes rather than station codes (with the borough code generally taken from one of the borough's stations—see below—which can cause confusion).
Divisional area codes are still used to identify the areas themselves, together with the police station and vehicles (if any) nominally covering them, but not officers.
A one, two or three digit number denotes a Sergeant, a three or four digit number denotes a Constable, a four digit number beginning with 5 denotes an officer of the Metropolitan Special Constabulary, unless they're attached to a 'Roads & Transport Policing Command' (RTPC) team, in which case the number will begin with an 8 and a four digit number beginning with 7 denotes a PCSO again unless they are attached to RTPC and they will start with a 6. Confusingly, MPS epaulettes display the letters over the digits, i.e. 81FH (a Sergeant based at Hammersmith) would show FH over 81 on their shoulder, which reads more like FH81 (the call sign of a panda car based there). Ranks above Sergeant do not have collar numbers – officers are identified by name (e.g. Inspector Smith, who may once have been PC 123 kg Smith), or warrant number.
An exception to the above was the City of Westminster borough. Westminster had over 1,500 officers therefore a three digit number system was too small. Until late 2009 constables and sergeants had four digit shoulder numbers beginning 1, 2, 3 or 4 (with the leading number signifying which part of the borough you were attached to – 1 Westminster North, 2 Westminster Central, 3 Westminster South or 4 Westminster HQ). With the amalgamation of Westminster Central and South in late 2009 the decision was taken to amalgamate all the shoulder numbers into one numbering system. All new officers joining the borough were given the first available number and cross division moves no longer resulted in the need for a new shoulder number.
Central and Specialist Units
* {| class="wikitable"
!Code !! Specialist unit
* CC || Central Communications Command (MO12)
* CJ || Met Detention (Custody)
* CO || Specialist Crime & Operations (includes Specialist Firearms Command, Mounted Branch, Marine Policing Unit Interceptor Teams etc.)
* FRT || Forensic Retrieval Team
* R || Royalty Protection Group (SO14)
* RO || Royal Parks Operational Command Unit
* MxC || Specialist Crime Directorate
* SO || Specialist Operations & Aviation Security SO18 (Heathrow Airport & London City Airport)
* V|| Vehicle Recovery Examination Services (VRES)
* VF|| Violent Crime Task Force (VCTF)
* VE|| Operation Venice
* P || Units based at Parliament (Parliamentary and Diplomatic Protection)
* L || Learning Directorate (Training)
* TP|| Frontline Policing Headquarters
* T|| Roads and Transport Policing Command – Merger of ST (Safer Transport) and TD (Traffic)
* U || Territorial Support Group (MO7)
* }
* V|| Vehicle Recovery Examination Services (VRES)
* VF|| Violent Crime Task Force (VCTF)
* VE|| Operation Venice
* P || Units based at Parliament (Parliamentary and Diplomatic Protection)
* L || Learning Directorate (Training)
* TP|| Frontline Policing Headquarters
* T|| Roads and Transport Policing Command – Merger of ST (Safer Transport) and TD (Traffic)
* U || Territorial Support Group (MO7)
* }
* L || Learning Directorate (Training)
* TP|| Frontline Policing Headquarters
* T|| Roads and Transport Policing Command – Merger of ST (Safer Transport) and TD (Traffic)
* U || Territorial Support Group (MO7)
* }
* T|| Roads and Transport Policing Command – Merger of ST (Safer Transport) and TD (Traffic)
* U || Territorial Support Group (MO7)
* }
* }
Frontline Policing
From 2017 to 2019 the Metropolitan Police Service reformed the organisational structure of Frontline Policing from the existing 32 Borough Operational Command Units (BOCUs) into 12 new Basic Command Units.
* {| class="wikitable"
! Basic Command Unit || Sectors (Former BOCUs) || Station Codes ! rowspan="2" | CN Central North EO Holborn EK Kentish Town EW West Hampstead
* EK Camden
NV Highbury Vale (closed), NH Holloway, NI Islington ! rowspan="2" | CE Central East GH Hackney (closed), GD Shoreditch, GN Stoke Newington ! rowspan="2" | AS Central South ! rowspan="3" | AW Central West ! rowspan="2" | NA North Area ! rowspan="2" | NE North East ! rowspan="3" | EA East Area ! rowspan="3" | SE South East ! rowspan="3" | SN South Area ! rowspan="4" | SW South West ! rowspan="3" | WA West Area ! rowspan="3" | NW North West
* NI Islington
* NI Islington
* GD Hackney
* HT Tower Hamlets
* HW Bow, HT Bethnal Green / Whitechapel, HR Brick Lane, HI Isle of Dogs (closed), HH Limehouse, HP Poplar
* HW Bow, HT Bethnal Green / Whitechapel, HR Brick Lane, HI Isle of Dogs (closed), HH Limehouse, HP Poplar
* LX Lambeth
* LD Brixton, LC Cavendish (closed), LN/LM† Clapham (closed), LG Gipsy Hill, LK Kennington, LS Streatham (closed)
* MD Southwark
* MC Camberwell (closed), MM Peckham, MR Rotherhithe (closed), MD Southwark, MS Walworth
* MC Camberwell (closed), MM Peckham, MR Rotherhithe (closed), MD Southwark, MS Walworth
* BS Kensington & Chelsea
* BC Chelsea (closed), BD Kensington, BH Notting Hill (closed), BN Notting Dale (closed)
* CW Westminster
* AD Belgravia (closed), CX Charing Cross, DP Paddington (closed), CD West End Central (closed), DM Marylebone (closed), DR Harrow Road (closed), DS St John's Wood (closed)
* FH Hammersmith & Fulham
* FF Fulham (closed), FH Hammersmith, FS Shepherds Bush (closed)
* FH Hammersmith & Fulham
* FF Fulham (closed), FH Hammersmith, FS Shepherds Bush (closed)
* YE Enfield
* YE Edmonton, YF Enfield North Cluster (closed), YB Enfield Patrol Base, YS Southgate West Cluster (closed), YP Edmonton South Cluster (Formerly Ponders end Cluster)
* YR Haringey
* YR Hornsey (closed), YM Muswell Hill (closed), YDQ Quicksilver Patrol Base, YA St Ann's (closed), YT Tottenham, YD Wood Green
* YR Hornsey (closed), YM Muswell Hill (closed), YDQ Quicksilver Patrol Base, YA St Ann's (closed), YT Tottenham, YD Wood Green
* JC Waltham Forest
* JC Chingford, JL Leyton (closed), JS Leytonstone (closed), JW Walthamstow (closed), JK Walthamstow Market, JP Leyton Custody Centre, JA Waltham Abbey (closed, now in Essex)
* KF Newham
* KE East Ham (closed), KF Forest Gate, KW Fresh Wharf, KN North Woolwich, KO Plaistow (closed), KS Stratford
* KE East Ham (closed), KF Forest Gate, KW Fresh Wharf, KN North Woolwich, KO Plaistow (closed), KS Stratford
* JI Redbridge
* JB Barkingside, JI Ilford, JN Wanstead, JF Woodford
* KD Havering
* KL Collier Row, KA Harold Hill, KC Hornchurch, KM Rainham, KD Romford, KU Upminster, KH Harold Hill Patrol Base
* KG Barking & Dagenham
* KB Barking, KG Dagenham, KK Marks Gate, KW Freshwharf,
* KG Barking & Dagenham
* KB Barking, KG Dagenham, KK Marks Gate, KW Freshwharf,
* PL Lewisham
* PK Brockley (closed), PD Catford, PP Deptford, PL Lewisham, PS Sydenham (closed)
* RG Greenwich
* RM Eltham (closed), RG Greenwich (closed), RA Plumstead, RT Thamesmead (closed), RK Westcombe Park (closed), RW Woolwich (closed), RH Shooters Hill (closed)
* RY Bexley
* RB Belvedere (closed), RY Bexleyheath, RS Sidcup (closed)
* RY Bexley
* RB Belvedere (closed), RY Bexleyheath, RS Sidcup (closed)
* PY Bromley
* PB Beckenham (closed), PH Biggin Hill (closed), PC Chislehurst (closed), PY Bromley, PN Orpington (closed), PG Penge, PW West Wickham
* ZD Croydon
* ZD Croydon, ZN South Norwood (closed), ZY Norbury (closed), ZK Kenley (closed), ZA Addington, ZC Windmill Road Custody
* ZT Sutton
* ZT Sutton, ZW Wallington (closed), ZR Worcester Park
* ZT Sutton
* ZT Sutton, ZW Wallington (closed), ZR Worcester Park
* TW Richmond Upon Thames
* TR Richmond, TT Teddington, TW Twickenham
* VK Kingston upon Thames
* VK Kingston, VN New Malden, VS Surbiton, VE Esher (Obsolete, previously Metropolitan Police now within Surrey Police Jurisdiction)
* VW Merton
* VM Mitcham, VR Morden (closed), VW Wimbledon
* WW Wandsworth
* WA Battersea (closed), WL Lavender Hill, WD Tooting, WF Earlsfield (closed), WH Wandsworth (also includes the Putney Sector Office which replaced the previous Putney station which had the code WP †)
* WW Wandsworth
* WA Battersea (closed), WL Lavender Hill, WD Tooting, WF Earlsfield (closed), WH Wandsworth (also includes the Putney Sector Office which replaced the previous Putney station which had the code WP †)
* WA Battersea (closed), WL Lavender Hill, WD Tooting, WF Earlsfield (closed), WH Wandsworth (also includes the Putney Sector Office which replaced the previous Putney station which had the code WP †)
* TX Hounslow
* TB Brentford, TC Chiswick, TF Feltham, TD Hounslow
* XB Ealing
* XA Acton, XD Ealing, XS Southall, XG Greenford, XN Norwood Green, XI Hanwell
* XH Hillingdon
* XF Harefield, XY Hayes, XU Uxbridge, XN Northwood, XR Ruislip, XE West Drayton
* XH Hillingdon
* XF Harefield, XY Hayes, XU Uxbridge, XN Northwood, XR Ruislip, XE West Drayton
* SX Barnet
* SA Barnet, SC Colindale, SF Finchley (closed), SG Golders Green (closed), ST Whetstone (closed)
* QA Harrow
* QE Edgware (closed), QA Harrow, QP Pinner, QW Wealdstone (closed), QS West Street (closed)
* QK Brent
* QC Chalkhill (closed), QH Harlesden, QK Kilburn, QD Wembley, QL Willesden Green (closed), QY Kingsbury (closed)
* }
* QC Chalkhill (closed), QH Harlesden, QK Kilburn, QD Wembley, QL Willesden Green (closed), QY Kingsbury (closed)
* }
† Some authoritative sources (e.g. Police and Constabulary Almanac) are self-contradictory and incomplete.
Not all of these stations are currently operational.
Further to this; letters on shoulders will denote borough or newly formed basic command units and not the police station an officer is based from. An example of this would be a PC working from East Ham Police Station in the borough of Newham; the PC would have KF (Newham) on their shoulder and not KE (East Ham station). Similarly in newly merged boroughs a PC working from Holloway Police Station would have CN (Central North BCU) on their shoulder.
Sussex Police
All officers will be provided with a collar number which is also their warrant number. Prior to September 2018, this was deemed by gender for example CS123 would represent a male officer whose surname started with S, a female would being with a D, DS123 for example.
The second letter would be the first initial of the officer, followed by a three digit number. In September 2018, this changed and all new officers warrant numbers start EA followed by a three digit number. Following the full use of the EA numbers from 1–999, they now start EB.
PNC codes and collar numbers
When a police officer or a member of staff is in a collaborative (multi-constabulary) unit or department (such as the Bedfordshire, Cambridgeshire and Hertfordshire Road Policing Unit), the PNC code, which is a force identification number, is added to the collar number to prevent confusion between officers; e.g., 41-9999 would indicate a Hertfordshire officer. These numbers are only used in paperwork and are not seen on the officer's epaulettes.
HM Prison Service
Operational Support Staff and sworn Prison Officers in His Majesty's Prison Service bear collar numbers to aid in accountability in the service. Collar numbers bear two letters indicating which establishment the officer is based at and three random numerical digits.
In fiction
The collar number of George Dixon of Dixon of Dock Green was O 706. | WIKI |
Eagle Bulk Shipping Launches Defensive Play Against Danaos
In a turn of events straight from the Wall Street playbook, Eagle Bulk Shipping (US:EGLE) made a bold move this week to fend off a potential hostile takeover.
Responding to Danaos Corp's stealthy acquisition of a significant stake in the company, Eagle Bulk opted for a strategic "poison pill" approach, buying back Oaktree Capital's 28% share of the company for $219.3 million and instituting a shareholder rights plan to prevent a potential corporate raid.
Eagle Bulk purchased around 3.8 million shares of common stock at $58 per share, a move interpreted by industry insiders as a strong indicator of the company's financial health and commitment to shareholder value.
This significant transaction came in at a solid 20% premium to the $48.37 closing price on Friday, close to its 12-month high point reached earlier in the year. Existing shareholders may not have been happy with the price considering shares have traded in a range below this for the most part of the last few years. EGLE stock has outperformed the industry so far in 2023, with the shares adding less than 1% while the Breakwave Dry Bulk Shipping ETF (US:BDRY) fell more than 33%.
Waning institutional interest
It has not helped that interest from other institutions has continued to stagnate in recent quarters. Data compiled on the Fintel platform highlighted that the number of funds owning and backing the stock has declined by 5.5% during the most recent quarter, to 321 long-only positions of a total 326 on the register.
The average portfolio allocation has declined by 15.75%, fuelled by a weakening share price, down 4.5% in the last six months. EGLE stock’s Fintel Fund Sentiment Score of 23.86 ranks it in the bottom 20% out of 36,054 other globally screened securities for the highest levels of institutional interest.
The latest financial maneuver, while increasing Eagle Bulk's debt due to the funding mechanism through their revolver, is projected to nominally boost the company's net asset value (NAV) per share and its earnings per share. Prior to this move, the company's NAV was estimated at $64.33 per share. With the share buyback, this figure is expected to add 59 cents to $64.92 per share.
Disruption Cloud Dissipates
The strategic acquisition of Oaktree's shares not only boosts the financial metrics but also removes the overhang of a potential market-disrupting exit by Oaktree, thus potentially stabilizing the share price and reinforcing some investor confidence.
"Today’s transaction is in the best interest of our shareholders, both financially and strategically. It ensures that shareholders maintain the opportunity to realize the value of their investment in Eagle Bulk," said Paul Leand, Eagle’s Chairman.
Additionally, Eagle Bulk adopted a limited-duration shareholder rights plan to safeguard the interests of its shareholders against predatory tactics. The rights plan came into effect immediately and will run for a year through to June 22, 2024.
The rights plan should deter any potential suitor from acquiring beneficial ownership of 15% or more of the company's common stock without offering a fair premium.
This defensive strategy followed the discovery that Danaos, led by John Coustas, had quietly accumulated approximately 9.99% of the shipping company's common stock.
The bulk of these acquisitions occurred after Eagle Bulk shares took a 20% hit due to weaker first-quarter earnings and a sharp fall in charter rates.
Short Squeeze Potential
Eagle Bulk Shipping currently has around 1.32 million shares short on the stock, according to Nasdaq. This represents around 10% of the stock’s float with 2.62 days to cover.
While the availability of shares has grown in recent days, short borrow fees have also ticked up in the last few days. If the share price was to begin rallying, this could leave shorters in a sticky situation.
Fintel gives the stock a Short Squeeze Score of 83.65, ranking EGLE in the top 5% when screened against 3,737 other U.S. stocks with the potential for a short squeeze.
Despite the bold moves, Eagle Bulk’s management claims that its balance sheet remains sturdy with total liquidity of approximately $188 million. It has also pledged its commitment to continue executing its growth and renewal strategy, including building upon its 33 previous ship acquisitions.
Gary Vogel, Eagle’s CEO, underscored the company's focus on value creation, stating, "We remain committed to acting opportunistically to create value for all of our shareholders."
Analysts on Eagle
Following the most recent first quarter financial update in May, Jefferies analyst Omar Nokta reduced his ‘buy’ call 12-month target price from $68 down to $60.
Nokta said that while the Q1 results were weak, they were better than the firm's internal expectations. Jefferies thinks the financial performance of the shipping company will improve in the coming quarters.
Fintel’s consensus target price of $67.93 suggests that analysts are mostly bullish in the market, forecasting that shares could rise 40% over the next 12 months.
The chart below shows a visual indicator for the average dry bulk shipping price this year. While the recovery ran out of steam in early June, medium-term recovery trends are taking control again with the price back on the road to recovery.
The chess game in the maritime transportation market has just become more interesting with these recent moves. Whether Danaos or any other potential buyer will advance or retreat, remains to be seen.
Meanwhile, Eagle Bulk seems prepared to play the long game, adopting strategies that boost shareholder value and protect its independence.
This story originally appeared on Fintel.
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 |
File:Tenth Planet.jpg
Summary
The Cybermen take over the Snowcap space tracking base in Antarctica. Screen capture from the Doctor Who episode The Tenth Planet | WIKI |
While Calories should be on the mind of every weight-conscious consumer, choosing the lowest calorie choice isn’t always the best choice.
For the unacquainted, energy balance (the number of Calories you consume through food and beverage, relative to the number of Calories you expend through exercise and activities and daily living) serves as the primary determinant of weight outcome. Even if you eat a healthy, balanced diet, filled with whole foods and lean proteins, you’ll still gain weight if you consume too many Calories.
Weight loss and weight maintenance, is a game of numbers. Limiting Caloric intake becomes the utmost goal of any weight-maintainer. Today’s epidemic of obesity has arisen largely due to overinflated restaurant portions and the popularity of high calorie foods in the American diet. Once you have become familiar with the number of calories you need to maintain or lose weight, the Calorie content of even ubiquitous foods becomes shocking for many consumers.
But does that mean that the high Calorie choice is always the healthiest choice?
A post shared by EHPlabs (@ehplabs) onFeb 23, 2018 at 8:09pm PST
Not by a long shot. While choosing the lowest calorie choice is often the best choice in promoting a healthy body weight, the nutritional content of many low-Calorie foods is sparse, and not just because of the low number of Calories overall.
Many low calorie foods are also very high in nutrient density: foods like whole fruits and vegetables, for example, contain a large amount of nutrients for very few Calories. Others, like processed snack foods, contain relatively few calories, but are comprised of refined starches and lacking in micronutrient density.
So how do I know when I should make the low-Calorie choice?
A post shared by EHPlabs (@ehplabs) onFeb 22, 2018 at 4:39am PST
In general, if you are a consumer who struggles to maintain or lose weight, you should make the choice that is most appropriate to your individual Caloric intake and individual needs and preferences.
75-90% of your total Caloric intake should be from healthy, whole foods such as vegetables, fruits, lean proteins, lean dairy, whole grains, and healthy fats. The remaining 10-25% can come from fun foods, regardless of nutrient density.
The goal of a diet is to provide a balanced -not perfect- nutritional intake. And to do so, many consumers must walk the fine line between deprivation and overindulgence. This means occasionally choosing higher calorie options to satiate a craving. If you’re consuming a diet that is primarily comprised of healthy, whole food ingredients, then the occasional high calorie indulgence is permissible. Just don’t consume the whole thing- eat a small portion, mindfully, and set boundaries before you begin to prevent a binge.
Cut down on calories by replacing a meal with a delicious OxyWhey shake! | ESSENTIALAI-STEM |
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SciTech ConnectSciTech Connect
Title: A measurement of the cosmic microwave background B-mode polarization power spectrum at sub-degree scales with POLARBEAR
We report a measurement of the B-mode polarization power spectrum in the cosmic microwave background (CMB) using the POLARBEAR experiment in Chile. The faint B-mode polarization signature carries information about the universe's entire history of gravitational structure formation, and the cosmic inflation that may have occurred in the very early universe. Our measurement covers the angular multipole range 500 < ℓ < 2100 and is based on observations of an effective sky area of 25 deg{sup 2} with 3.'5 resolution at 150 GHz. On these angular scales, gravitational lensing of the CMB by intervening structure in the universe is expected to be the dominant source of B-mode polarization. Including both systematic and statistical uncertainties, the hypothesis of no B-mode polarization power from gravitational lensing is rejected at 97.2% confidence. The band powers are consistent with the standard cosmological model. Fitting a single lensing amplitude parameter A{sub BB} to the measured band powers, A{sub BB}=1.12±0.61(stat){sub −0.12}{sup +0.04}(sys)±0.07(multi), where A{sub BB} = 1 is the fiducial WMAP-9 ΛCDM value. In this expression, 'stat' refers to the statistical uncertainty, 'sys' to the systematic uncertainty associated with possible biases from the instrument and astrophysical foregrounds, and 'multi' to the calibration uncertainties that have amore » multiplicative effect on the measured amplitude A{sub BB}.« less
Authors:
[1] ; ; [2] ; ; [3] ; ; ; ; ; ; [4] ; ; [5] ; [6] ; ; [7] ; ; [8] ; [9] ; [10] more »; ; « less
1. School of Physics and Astronomy, Cardiff University, Cardiff CF10 3XQ (United Kingdom)
2. The Graduate University for Advanced Studies, Hayama, Miura District, Kanagawa 240-0115 (Japan)
3. Center for Astrophysics and Space Astronomy, University of Colorado, Boulder, CO 80309 (United States)
4. Department of Physics, University of California, San Diego, CA 92093-0424 (United States)
5. Computational Cosmology Center, Lawrence Berkeley National Laboratory, Berkeley, CA 94720 (United States)
6. Department of Physics and Atmospheric Science, Dalhousie University, Halifax, NS, B3H 4R2 (Canada)
7. Department of Physics, University of California, Berkeley, CA 94720 (United States)
8. Physics Department, McGill University, Montreal, QC H3A 0G4 (Canada)
9. AstroParticule et Cosmologie, Univ Paris Diderot, CNRS/IN2P3, CEA/Irfu, Obs de Paris, Sorbonne Paris Cité (France)
10. Rutherford Appleton Laboratory, STFC, Swindon, SN2 1SZ (United Kingdom)
Publication Date:
OSTI Identifier:
22370373
Resource Type:
Journal Article
Resource Relation:
Journal Name: Astrophysical Journal; Journal Volume: 794; Journal Issue: 2; Other Information: Country of input: International Atomic Energy Agency (IAEA)
Country of Publication:
United States
Language:
English
Subject:
79 ASTROPHYSICS, COSMOLOGY AND ASTRONOMY; AMPLITUDES; ASTROPHYSICS; BACKGROUND RADIATION; CALIBRATION; COSMOLOGY; GRAVITATIONAL LENSES; HYPOTHESIS; INFLATIONARY UNIVERSE; POLARIZATION; RELICT RADIATION; RESOLUTION; SPECTRA; UNIVERSE | ESSENTIALAI-STEM |
Loading Excel
I created a C program MYPROGRAM on an ultrix machine that loads data
from a database query into an EXCEL spreadsheet.
The problem i'm having is the first time the program runs after
entering NETSCAPE it fails. It opens EXCEL, however EXCEL returns
a message that it could not open MYPROGRAM.XLS.. It should be trying
to load the data generated by MYPROGRAM not MYPROGRAM itself. All
subsequent program runs work fine. If I exit NETSCAPE and re-enter
the error repeats itself on the first run of the executable.
I'm guessing that the problem has somthing to do with my mime type, but
i'm not sure. I created my own mime application/excel that launches
excel.
Any help would be greatly appreciated.
I am using NETSCAPE GOLD 3.01
EXCEL 5.0
WINDOWs NT 3.51
Thanks,
Gary
knoppAsked:
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knoppAuthor Commented:
Adjusted points to 50
0
knoppAuthor Commented:
Adjusted points to 100
0
knoppAuthor Commented:
The first time the excel option is used, the program does create
a file in the C:\temp directory. The file gets the same name as
my executable MYPROGRAM. When EXCEL opens it tries to open
MYPROGRAM.XLS which doesn't exist and so it fails.
All subsequent tries while in the same NETSCAPE session work fine. However, the files that get created which EXCEL open get
some sort of random file name, such as VP0GMMK4.TMP
What piece of software creates the random file name, since the data is being generated by a server executable MYPROGRAM. Is it
the web server?
0
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knoppAuthor Commented:
Adjusted points to 150
0
knoppAuthor Commented:
If I access the program using...
WINDOWS NT 4.0 and MSOFFICE 97
the program loads EXCEL on the first try but uses the MYPROGRAM
as the filename. I'm guessing the version of EXCEL in MSOFFICE
97 doesn't care about requiring an .XLS extention before opening.
However, on all subsequent tries the file loaded has a random
filename....V09????.TMP
0
knoppAuthor Commented:
I found one way around the problem, although its not the final answer that I was looking for. If I add an extention to the executable MYPROGRAM on the server, I'm able to load EXCEL on the
first try after opening NETSCAPE. However, it works a little
strange. If I append extention .cgi to MYPROGRAM, when EXCEL
is called the first time it opens a workbook with the same name
as my executable MYPROGRAM.cgi. All subsequent calls will get
get the random filename with my extention, for ex: V09??????.cgi
Is this a bug with the server software or NETSCAPE????
0
pc012197Commented:
This has nothing to do with the server. Whenever you download a document with a MIME type that is handled by an application, Netscape creates a temporary file with the same name as the file on the server and calls the application with that temporary file as an argument. I don't know if you can force Netscape to use a different name or extension on the temp file.
0
firefox032697Commented:
I have recently had exactly the same requirement as you although my requirements are a little more general. My requirement was to be able to output the results of a CGI application to any spread sheet (as opposed to Excel) from any Browser (although I will only be testing with Internet Exploder and Netscape browsers) for any platform. For this reason I am outputing files in Symbolic Link (aka SYLK and .SLK) format, this is a format that most spreadsheet packages can read (I hope) but still allows column formating and inclusion of formulas. SYLK is also "fairly" easy to read because it only uses printable ASCII characters.
As you have noted, whenever you generate output from your app, a "random" file name is generated except for the very first time. This is because (as pc indicated) the Netscape browser uses the name of the cgi application (or ftp'd file) when saving the output of the application (or the ftp'd file). If the file name is already used, Netscape generates a "random" name something along the lines of a V followed by some letters and numbers, my experience is that Netscape will try to retain the extension of the file. I think Internet Exploder works a little differently in that it keeps the file name but if the name is already in use it appends a sequential number in brackets eg. fred.txt, fred (1).txt, fred (2).txt and so on. In both cases the extension of the file is retained to support recognition of the file type by the extension (eg. a .XLS file is associated with Excel, .BMP with paint and so on)
I too attempted to research the idea of specifying a file name in the mime type without success. I don't believe that this is actually possible - directly specifying the name of the file in the mime type that is. In certain circumstances, it is possible to specify a file name (eg. in uuencoded data), but not in the mime type itself.
**********
Well that was all very (un?)interesting, but what does it mean for you?
Firstly, if you must generate your spreadsheet from a cgi program don't make it a .EXE because Netscape will probably either save or try to run the output of your cgi program (i.e. a spreadsheet data file) as an application. This is analgous to creating a spreadsheet, saving it, renaming it to something.exe and running it from the start menu / program manager. Something that computer text books usually refer to as having "unpredictable results".
The solution I implemented was to have my cgi application output the results of the spreadsheet as an HTML document. Do I hear you say "Thanks very much I could have thought of that"? Well, wait there is more.
Whilst outputing the results of your application in HTML, simultaneously write the data away to a file somewhere in your HTML documents directory (eg. .../htdocs/tmp/ssfile0002.xls). This file is the Excel version of output with an appropriately GENERATED name and extension (eg. ssfilennnn.XLS), in my case (Unix), I used a combination of the description and the processID for the file name. Now the last step (and this is the neat part) is to include a link to the excel spreadsheet as part of the HTML output. This link offers the user the "opportunity to download the displayed information in Excel format for further analysis".
What the user sees is the results of the "query" together with a clickable offer to download the results in Excel format. Presumably the results displayed in the browser would be in the same format as you would provide them in Excel, or if the spreadsheet is wide, just the significant columns.
You will need to do a little housekeeping to clean up old spreadsheets, but that is fairly easy. On unix I just created a cron job that simply deleted files in the TEMP HTML documents directory that hadn't been accessed for more than a day. In Unix this is a one liner command.
**********
So why would you want to do this. I don't know your application so I will give you a list of the benefits that I identified for my application.
1. It gives the user the opportunity to peruse or print the results from the browser before loading Excel (i.e. relatively quickly and easily). On my laptop (16MB Pentium 120), it takes bloody ages to load Excel 7 under Windows 95. Or at least it seems to while I wait for it to come up.
2. In Netscape's case (2.02 Gold), Netscape launches a fresh copy of Excel for each new set of results rather than using an existing instance. This I personally find irritating due to the number of applications (windows) on the desktop.
3. If the user is clicking on the back and forward buttons, and accidentaly stop on your page they won't get another copy of Excel loaded.
4. The downloaded file's extension will be preserved/correct. This means that applications which judge the type of the file by the extension, eg. Internet Exploder, Windows File Manager, Windows Explorer and some older applications, will still work correctly i.e. less user confusion.
As mentioned, the above reasons suit my circumstance, you will have to judge the suitability to your own circumstance. My application is "research oriented" a typical session would be to run the cgi Excel generator a number of times with different parameters and download only a few sets of results for subsequent analysis. If your requirement is to allow users to graph results, then there are freely available graph producing packages available (eg. GNUPLOT).
If you want me to send you one of the scripts that I am, email me. My script is written in PERL on a Unix system, but it should work on an NT system with little or no modification.
I hope this is of help
firefox
P.S. Now a question for you. What format are you using for your generated Excel Spreadsheets and how do you produce it (eg. is your data file in native Excel format, or something simpler like Comma seperated variables - do you use Excel itself to write the data file via OLE or the like)?
0
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subbaiahCommented:
Dear Friends,
I am doing Server Side Programming using JSP. I want to give "download in Excel Format" option in my website to download some statistical data. Can u please tell me how to create a Excel file(what control characters i should use to create excel headers & formatting, etc) in JSP? or please give me URL which explains the control characters used for creating Excel file?
Regards
A. Subbaiah
0
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Question: What version of Ubuntu is Linux Mint?
Linux Mint” 2.0 was based on Ubuntu 6.10, using Ubuntu’s package repositories and using it as a codebase. It then followed its own codebase, building each release from the previous one, but continuing to use the package repositories of the latest Ubuntu release.
What version of Ubuntu is Linux Mint 19.3 based on?
Linux Mint 19.3 is based on Ubuntu 18.04.
What version of Ubuntu is Linux Mint
What version of Ubuntu is Linux Mint 20?
Linux Mint 20 is based on Ubuntu 20.04 LTS, the latest long-term support releases of Ubuntu. And, as you’d expect, three different desktop editions based on Cinnamon, MATE and Xfce respectively, and uses the Linux 5.4 kernel.
Linux Mint recently released its latest long-term support (LTS) version of its popular desktop Linux desktop, Linux Mint 20, “Ulyana.” This edition, based on Canonical’s Ubuntu 20.04, is, once more, an outstanding Linux desktop distribution.
What is Linux Mint 20 based on?
Linux Mint 20 is based on Ubuntu 20.04. Make sure to read the Ubuntu release notes.
Which version of Linux Mint is best?
The most popular version of Linux Mint is the Cinnamon edition. Cinnamon is primarily developed for and by Linux Mint. It is slick, beautiful, and full of new features.
Which is faster Ubuntu or Mint?
Mint may seem a little quicker in use day to day, but on older hardware, it will definitely feel faster, whereas Ubuntu appears to run slower the older the machine gets. Linux Mint gets faster still when running MATE, as does Ubuntu.
Is Ubuntu better than Linux?
Ubuntu and Linux Mint are unarguably the most popular desktop Linux distributions. While Ubuntu is based on Debian, Linux Mint is based on Ubuntu. … Hardcore Debian users would disagree but Ubuntu makes Debian better (or should I say easier?). Similarly, Linux Mint makes Ubuntu better.
Linux Mint has been hailed by many as the better operating system to use when compared to its parent distro and has also managed to maintain its position on distrowatch as the OS with the 3rd most popular hits in the past 1 year.
Does Linux Mint need antivirus?
+1 for there is no need to install an antivirus or anti-malware software in your Linux Mint system.
How much RAM does Linux Mint need?
512MB of RAM are enough to run any Linux Mint / Ubuntu / LMDE casual desktop. However 1GB of RAM is a comfortable minimum.
Which Linux is best for old laptop?
Best Lightweight Linux distros for old laptops and desktops
• Lubuntu.
• Peppermint. …
• Linux Mint Xfce. …
• Xubuntu. Support for 32-bit systems: Yes. …
• Zorin OS Lite. Support for 32-bit systems: Yes. …
• Ubuntu MATE. Support for 32-bit systems: Yes. …
• Slax. Support for 32-bit systems: Yes. …
• Q4OS. Support for 32-bit systems: Yes. …
How long will Linux Mint 18.3 be supported?
Linux Mint 18.3 is a long term support release which will be supported until 2021. It comes with updated software and brings refinements and many new features to make your desktop experience more comfortable to use.
How does Linux Mint make money?
Linux Mint is the 4th most popular desktop OS in the World, with millions of users, and possibly outgrowing Ubuntu this year. The revenue Mint users generate when they see and click on ads within search engines is quite significant. So far this revenue’s entirely gone towards search engines and browsers.
Which is better Linux Mint or Zorin OS?
Desktop environment
Linux Mint features Cinnamon, XFCE and MATE desktop. … As of Zorin OS, it’s another famous desktop environment: GNOME. However, it’s a highly tweaked version of GNOME to match the style of Windows/macOS. Not only that; Zorin OS is one of the most polished Linux distros out there.
How long is Linux Mint supported?
Linux Mint Releases
Long term support release (LTS), supported until April 2025. Long term support release (LTS), supported until April 2025. Long term support release (LTS), supported until April 2023.
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LED modern technology has actually likewise transformed road illumination. LEDs are recognized for their power performance, long life, and remarkable light top quality contrasted to conventional incandescent or fluorescent light bulbs. The mix of LEDs with solar energy takes full advantage of the advantages of both innovations.
The ecological advantages of solar road lights are solar powered Lamp significant. The shift to solar road lights is an action onward in minimizing the city carbon impact, a vital objective in the face of intensifying environment obstacles.
Expense effectiveness is an additional engaging element driving the fostering of solar road lights. Solar road lights call for very little upkeep and have reduced functional expenses given that they do not count on electrical energy from the grid.
Solar road lights run by catching sunshine via solar panels throughout the day and saving this power in batteries. This saved power is after that utilized to power LED lights in the evening, supplying a green and reputable illumination remedy. The principle, while easy in its significance, includes an advanced interaction of innovation and style to guarantee effectiveness, cost-effectiveness, and resilience.
Among the main benefits of solar road lights is their self-reliance from the typical power grid. This freedom implies that also throughout power blackouts, city locations can continue to be illuminated, boosting security and safety for locals. The installment of solar road lights is much less invasive contrasted to standard road lights, as it gets rid of the requirement for substantial electrical wiring and lowers the disturbance created by excavating trenches for wires.
Improvements in solar panel performance, battery storage space ability, and LED illumination modern technology have actually made solar road lights a lot more efficient and trusted. Modern solar panels can transform a greater portion of sunshine right into functional power, making sure that also on gloomy days, enough power is saved to light up the roads at evening.
Over the last few years, the expanding focus on sustainability and power performance has actually led the way for ingenious remedies in city facilities. Amongst these improvements, solar road lights have actually become a critical innovation, reinventing the method cities are brightened. This change is not just a reaction to the immediate requirement to lower carbon impacts yet likewise a testimony to the power of utilizing renewable resource to boost metropolitan living problems.
Solar road lights run by catching sunshine via photovoltaic or pv panels throughout the day and saving this power in batteries. The installment of solar road lights is much less invasive contrasted to traditional road lights, as it removes the demand for substantial electrical wiring and lowers the interruption triggered by excavating trenches for cable televisions.
Improvements in solar panel effectiveness, battery storage space ability, and LED lights modern technology have actually made solar road lights much more efficient and dependable. Modern solar panels can transform a greater percent of sunshine right into functional power, guaranteeing that also on over cast days, adequate power is saved to light up the roads at evening.
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Research Article: QSAR analysis of immune recognition for triazine herbicides based on immunoassay data for polyclonal and monoclonal antibodies
Date Published: April 3, 2019
Publisher: Public Library of Science
Author(s): Andrey A. Buglak, Anatoly V. Zherdev, Hong-Tao Lei, Boris B. Dzantiev, Yoshihiro Uesawa.
http://doi.org/10.1371/journal.pone.0214879
Abstract
A common task in the immunodetection of structurally close compounds is to analyze the selectivity of immune recognition; it is required to understand the regularities of immune recognition and to elucidate the basic structural elements which provide it. Triazines are compounds of particular interest for such research due to their high variability and the necessity of their monitoring to provide safety for agricultural products and foodstuffs. We evaluated the binding of 20 triazines with polyclonal (pAb) and monoclonal (mAb) antibodies obtained using atrazine as the immunogenic hapten. A total of over 3000 descriptors were used in the quantitative structure-activity relationship (QSAR) analysis of binding activities (pIC50). A comparison of the two enzyme immunoassay systems showed that the system with pAb is much easier to describe using 2D QSAR methodology, while the system with mAb can be described using the 3D QSAR CoMFA. Thus, for the 3D QSAR model of the polyclonal antibodies, the main statistical parameter q2 (‘leave-many-out’) is equal to 0.498, and for monoclonal antibodies, q2 is equal to 0.566. Obviously, in the case of pAb, we deal with several targets, while in the case of mAb the target is one, and therefore it is easier to describe it using specific fields of molecular interactions distributed in space.
Partial Text
Triazines are herbicides which are widely used in agriculture and may accumulate in soil, as well as in food products [1]. Triazines are bound in soil to solids as well as to dissolved fractions of humic and fulvic acids, which leads not only to the accumulation of triazines in soil but also to the contamination of surface and ground waters [2] since triazines are water soluble.
It seems reasonable to compare the most similar compounds with each other and find out which descriptors play a key role in their recognition.
In this study, we evaluated the efficiency of the interaction of 20 triazines with polyclonal and monoclonal antibodies grown using atrazine as the immunizing hapten.
Source:
http://doi.org/10.1371/journal.pone.0214879
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Is Clover Health a Buy?
Shares of Medicare Advantage insurer Clover Health (NASDAQ: CLOV) have seen wild performance for much of the year. In June, a short squeeze prompted by Reddit's WallStreetBets forum pumped the stock to a record $28.85 a share from about $7. But the rally quickly lost its momentum, and the stock fell back near pre-squeeze levels.
The speculative saga has brought a seldom-discussed problem into the spotlight -- Clover Health's lack of a clear path to profitability. With nearly 20% of its shares outstanding still sold short, can the company prove its skeptics wrong?
Image source: Getty Images.
The impossible seesaw
It's pretty clear why it's difficult, if not outright impossible, for Clover Health to turn a profit. It's a Medicare Advantage company, meaning statutes mandate that it must spend 85% of federal reimbursements on patients' healthcare needs. But since the company is in its infancy, it must spend far more than the minimum requirement to solicit customers. This is different from competitors such as Humana and Cigna, both of which dish out about 85% of premiums to generate positive cash flow.
On the one hand, patients are flocking to Clover Health thanks to its better coverage, leading to spectacular revenue growth. But all that excellent coverage costs more money, causing losses to accelerate as well. Clover Health could do what its peers do and lower its spending, but that would surely derail its momentum. It's basically stuck in a catch-22.
Outlook is not good
This is clearly evident in its financials. During the second quarter of 2021, Clover Health grew its sales by 140% year over year to $412.5 million. Lives covered under Clover Management close to doubled from the second quarter of 2020 to 129,000. However, its medical loss (or care) ratio (MCR) widened from 70.1% to 111% -- meaning that it is paying out more than it gets in federal reimbursements. During Q2 2020, the company saw utilization rates decrease as patients delayed elective medical treatments in fear of catching the coronavirus, though it did manage to turn a profit. But year over year, Clover Health's net income swung from positive $5.4 million to a loss of $317.6 million. That's a pretty significant change, even accounting for a $134.5 million noncash expense related to fair value warrant adjustments.
In addition, I'm not a fan of the company's attempts to "normalize" (in this case, lower) its MCR using non-GAAP (adjusted) measures. It does this mainly by excluding coronavirus-related costs and risk adjustments. But even as we speak, the delta variant is ravaging across the country, so it's almost certain that these items will continue affecting the company's bottom line in the near future.
So is there no hope?
That's not to say Clover Health doesn't have a chance of turning around. In the most recent quarter, the company launched its new Medicare Direct Contracting program, allowing physicians to use its Clover Assistant health analytics software for their patients directly. The model could be less costly than running an insurance program.
Unfortunately, the company anticipates new member enrollment for the program to remain flat for the rest of the year. And if we were to subtract Direct Contracting sales from its total revenue and compare only its Medicare Advantage revenue, then sales only grew by 13.5% over last year's quarter.
Overall, I'm not convinced that Clover Health has its profitability situation figured out. Until it does, it's not looking like a good healthcare stock to pay 4.3 times revenue for -- especially when its competitors like Cigna and Humana are trading at 0.4 and 0.6 times revenue, respectively.
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The views and opinions expressed herein are the views and opinions of the author and do not necessarily reflect those of Nasdaq, Inc. | NEWS-MULTISOURCE |
-- Vintage $350 Madeira Beats Pricey Burgundy, Champagne
It isn’t every day that wine writers
get to taste Madeiras from 1910 and 1912 over lunch, but I had a
chance to taste those two old-timers in an array that also
included examples ranging from a 1920 to a pubescent 1996. Even more surprising was my finding that the 1910 Barbeita
Sercial ($350) was the best of a dozen Madeiras sampled at a
Wine Media Guild in a New York tasting earlier this month. For a wine more than a century old, it was voluptuous but
not fatty, fully balanced between fruit and acid, with a deep
richness that gave way to a light finish. It is the acids in Madeira, which increase with age, that
keep centenarians like this tasting so fresh, while the added
fortifying alcohol allows for such longevity like Port. Aside from its formidable aging potential and its variety,
the truly remarkable thing about Madeira is how relatively
inexpensive it is. When you think you can easily spend $300 to
$1,000 on a bottle of Champagne or Burgundy for a single night’s
pleasure, Madeiras were meant to be sipped in small doses over
many evenings. Once opened, they don’t keep forever, but can be rewarding
for weeks, long after the Champagne and Burgundy bottles have
been consigned to recycling bins. Madeira is made on the volcanic Portuguese island of the
same name, where it began in the 16th century as an unfortified
white wine. It became fortified when shippers found that the
addition of alcohol helped stabilize the wine on long trade
voyages. Thirsty Colonists This was particularly important for shipments to America
where it was the most popular wine of the 18th century and the
colonies consumed a quarter of all the Madeira produced. Over the next two centuries Madeira had its ups and downs,
from crises caused by powdery mildew and phylloxera infestation
to supply problems. At its height, the island boasted about 200 producers,
though today only about seven remain. France, Germany and the
Benelux countries consume the most cooking Madeiras and lesser
varieties, while the U.S., Japan and the U.K. import the most
superior quality Madeiras. Madeira can be made from a variety of grapes, including
Tinta Negra Mole, Sercial, Verdelho, Bual, and Malvasia,
information usually provided on the labels of better bottlings. Supermarket Madeiras Three-year and five-year Madeiras are blends mostly found
in supermarkets. But 10-year and 15-year Madeiras offer
considerably more quality at very decent prices. A vintage Madeira, called a frasqueria, is basically drawn
from a cask from a single year and must age a minimum of 20
years in oak barrels. The Madeiras at the tasting, most imported by The Rare Wine
Co. showed a remarkable range. One very light, pretty example
was the 1988 Barbeito Sercial ($47), while the 1978 vintage of
the same wine was pale in color yet spicy, with a perfect
balance of acid to make it delicious before or after dinner. The 1985 D’Oliveira Verdelho ($95) was slightly vegetal,
somewhat grassy, while a younger vintage, 1994 ($80), had a
tremendous bouquet, bright acids, and levels of flowery, spicy
flavors that finished long on the palate. The older 1973 was magnificent, with a burnt sugar nose
that changed to a restrained elegance and mild sweetness that
would make it a fine wine with a creamy Portuguese blue cheese
like Serpa or Serra da Estrella. Coppery Centenarian The 1912, still sound as a bell, was bracing, coppery, as
if it were just minted yesterday. Turning to a series of Bual-based Madeiras, produced in
warmer terroirs on the island, I found all of them showing some
oxidation, tasting not unlike Spanish sherries, which was
pleasant enough in the 1966 Blandy. The 1977 ($135-$170) was one dimensional, and not
particularly sweet (though Boals generally achieve higher sugar
levels than Sercials and Verdelhos). Two other examples, 1968 ($150-$200) and 1920 ($700-$800),
were distastefully oxidized, musky tasting, and murky. Indeed,
the 1920 was brown and smelled so badly I couldn’t bring myself
to taste it. ( John Mariani writes on wine for Bloomberg News. The
opinions expressed are his own.) Muse highlights include an interview by Manuela Hoelterhoff
and theater reviews. To contact the writer of this column:
John Mariani at john@johnmariani.com . To contact the editor responsible for this column:
Manuela Hoelterhoff in New York at
mhoelterhoff@bloomberg.net . | NEWS-MULTISOURCE |
Chip designer Dialog de-risks with $500 mln Adesto deal
BERLIN, Feb 20 (Reuters) - Anglo-German chip designer Dialog Semiconductor is buying California-based Adesto Technologies for $500 million to diversify further away from its reliance Apple, it said on Thursday. Dialog, which specialises in power-management chips and low-energy Bluetooth products used in fitness trackers and cordless earphones, will pay $12.55 per share in a cash deal representing a 57% premium to Adesto’s closing price on Wednesday. For Chief Executive Jalal Bagherli, the deal marks another step towards de-risking Dialog after it struck a $600 million deal with Apple in 2018 to hand over people and patents behind the main integrated power-management circuits in the iPhone. “The strategic value (of the Adesto deal) is more in the industrial internet of things - smart buildings, smart cities,” Bagherli told Reuters on Thursday. Reporting by Douglas Busvine
Editing by David Goodman | NEWS-MULTISOURCE |
Lynanne M. SPAGNOLETTI v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant.
Commonwealth Court of Pennsylvania.
Submitted Oct. 4, 2013.
Decided Oct. 31, 2013.
Publication Ordered March 21, 2014.
Philip M. Bricknell, Assistant Counsel, Harrisburg, for appellant.
BEFORE: COHN JUBELIRER, Judge, and SIMPSON, Judge, and McCullough, judge.
OPINION BY
Judge SIMPSON.
In this appeal, the Department of Transportation, Bureau of Driver Licensing (PennDOT) asks whether the Court of Common Pleas of Cumberland County (trial court) erred in sustaining the appeal of Lynanne M. Spagnoletti (Licensee) from the five-year revocation of her operating privilege under Section 1542 of the Vehicle Code, 75 Pa.C.S. § 1542 (relating to revocation of habitual offender’s license). PennDOT contends the trial court abused its discretion in sustaining Licensee’s appeal where Licensee had three convictions for driving under the influence (DUI) in less than five years rendering her a “habitual offender” as defined in Section 1542 of the Vehicle Code. Upon review, we are constrained to reverse.
In May 2012, PennDOT notified Licensee of the revocation of her operating privilege for a period of five years based on her designation as a habitual offender as a result of her third DUI conviction. Licensee filed an appeal with the trial court. Hearings ensued.
At hearing, PennDOT produced a packet of certified documents, which included the reports of Licensee’s three DUI convictions, Licensee’s certified driving history, and PennDOT’s notice of revocation upon Licensee’s third conviction. PennDOT then rested. Licensee, representing herself, testified on her own behalf. After Licensee’s testimony, the trial court continued the hearing so that it could receive testimony from counsel in the underlying criminal DUI cases, “to determine the specific agreement, if any, that gave rise to [PennDOT’s] designating [Licensee] a habitual offender....” Reproduced Record (R.R.) at 38a.
At a second hearing, the attorney whose office represented Licensee in connection with two of her three DUIs testified. At the conclusion of the hearing, the trial entered an order from the bench, which stated: “the Court finds that the District Attorney’s office plea offers did not address the habitual offender[] designation and are not binding on [PennDOT]. Following a review of all of the testimony, the appeal is sustained, and the suspension that is the subject of this appeal shall be rescinded.” R.R. at 60a. PennDOT appealed, and the trial court ordered it to file a concise statement of the errors complained of on appeal pursuant to Pa.R.A.P. 1925(b), which it did. The trial court then issued an opinion in support of its decision pursuant to Pa.R.A.P. 1925(a).
In its Pa.R.A.P. 1925(a) opinion, the trial court made the following findings. Licensee’s certified driving record “shows that on 30 September 2011, the first DUI General Impairment conviction was entered in Cumberland County, arising out of a 3 July 2011 violation[.]” Tr. Ct., Slip Op., 4/8/13, Finding of Fact (F.F.) No. 12. “This was followed by a second DUI Controlled Substances conviction in York County, with a one-year suspension effective 14 February 2012, for a violation on 8 May 2011[.]” F.F. No. 13. Finally, the record “shows a third DUI General Impairment conviction on 10 April 2012 in Cumberland County, arising out of a violation on 28 June 2011[.]” F.F. No. 14.
Licensee acknowledged that she did in fact receive three DUIs in six weeks. “These arrests occurred following Licensee being ‘held hostage and raped in York County,’ wherein after she was ‘put on seven different medications as a coping mechanism.’ ” F.F. No. 5 (citing Tr. Ct. Hearing, Notes of Testimony (N.T.), 12/12/12, at 7).
Jason Eric Zacek pled guilty to terroristic threats with the intent to terrorize another, simple assault, providing false identification to law enforcement officers and two counts of unlawful restraint — serious bodily injury, in connection with an April 2011 assault on Licensee.
Licensee’s defense counsel in the two DUI matters that occurred in Cumberland County “appeared and described the medical situation as it was presented to the District Attorney’s Office.” N.T., 1/10/13, at 9-11. “The Public Defender’s Office represented Licensee in both cases, which resulted in two (2) Section 3802(a) (1) General Impairment pleas[.]” F.F. No. 3. In light of the mitigating circumstances, Licensee was allowed to plead to “General Impairment,” offenses that would allow her to avoid a license suspension. F.F. No. 8. “Defense counsel acknowledged the focus of her representation was on mitigating any jail time and license suspension that would arise out of these eonvictions[.]” F.F. No. 10. “Defense counsel candidly admits that the discussion of the collateral consequences of the criminal conviction, specifically the habitual offender designation, was not discussed with her client nor the District Attorney.” F.F. No. 11.
At the outset of its discussion, the trial court stated that under Section 1542 of the Vehicle Code, the Commonwealth is required to revoke the operating privilege of any person whose driving record meets the criteria defining a habitual offender. Revocation is mandatory, not discretionary. Johnson v. Commonwealth, 68 Pa.Cmwlth. 384, 449 A.2d 121 (1982). Further, our Supreme Court unequivocally holds that based on the language of Section 1542, PennDOT lacks discretion over whether to revoke an individual’s operating license. Given three convictions in the prescribed time period, revocation is required. Commonwealth v. Bursick, 526 Pa. 6, 584 A.2d 291 (1990).
Nevertheless, the trial court observed that citations for underage drinking contain a specific warning regarding the consequence of a license suspension based on our Supreme Court’s decision in Commonwealth v. Duffey, 536 Pa. 436, 639 A.2d 1174 (1994). Similarly, in the context of a refusal to submit to chemical testing, specific warnings are required. See Section 1547(b)(2) of the Vehicle Code, 75 Pa.C.S. § 1547(b)(2). The trial court then explained:
In the wake of certain United States Supreme Court rulings, our Supreme Court has recently readdressed the distinction between punitive and collateral consequences of a criminal conviction, and determined that the trial court must ascertain whether the consequence is ‘so punitive either in purpose of effect as to negate the intention to deem it civil.’ [Commonwealth v. Abraham, 619 Pa. 293, 62 A.3d 343, 350 (2012) ]. The Supreme Court went on to outline this distinction and specifically cited [Duffey ], which dealt with a ninety (90) day license suspension arising out of an offense under the Crimes Code.
The applicable case law that addresses license suspension consequences as civil in nature has been with us since the 1990’s, but is still relied upon in meting out suspensions....
Being decades old, the well settled case law needs to be revisited in light of changes in the law in those intervening years_[T]here is a dearth of statutory or case law for any equitable notice prior to the imposition of the habitual offender designation and its corresponding, significantly longer suspension.
The legislative intent in a license suspension has been both a criminal punishment and a civil consequence. When Section 1542 [of the Vehicle Code] was originally enacted, it was designed to be a civil consequence. However, since license suspensions have a punitive aspect within the sentencing matrix, any imposition includes components of restraint, retribution, and deterrence for this already criminal act. What had been the distinguishing [Abraham] factor, scienter, has now taken this suspension from civil to criminal. Prior to [Duffey ], awareness of the statutory civil suspension was not at issue; however, the last twenty years of legislative and court actions now mandates cognizance prior to the imposition of a civil license sanction.
The notice procedures now involved with other license suspensions since [.Duffey ] combined with the lack of any notice requirement in a habitual offender situation, leads to the logical conclusion that the disparate treatment makes the mandatory notice suspensions clearly civil, while suspensions without warning are punitive and thus criminal. Through lack of pace with other civil license suspensions, Section 1542 has moved under the rubric of Padilla v. Kentucky, 559 U.S. 356 [130 S.Ct. 1473, 176 L.Ed.2d 284] (2010). As such, before such punitive consequences can be enforced, as they are a direct consequence of a plea where the suspension is mandatory, it must be explained to a pleading defendant in order to constitute a knowing and informed decision. Under this analysis, the rescission of the five year license suspension is proper.
In the alternative, our Supreme Court’s direction in [Duffey ] that prior notice be provided in summary license suspensions, together with the legislatively mandated notice prior to civil license suspension in situations such as chemical test refusal, indicates that notice of a suspension is now a predicate to any civil license suspension. There being no prior notice in this case compels that the designation of habitual offender be prohibited from enforcement....
Tr. Ct., Slip Op. at 7-8. Thus, the trial court determined the habitual offender designation requires an informed decision following full and adequate legal representation prior to a third offense DUI plea within five years. Alternatively, prior to the imposition of a habitual offender designation, the Commonwealth must show pri- or notice of the civil consequences. As such, the trial court opined, it properly sustained Licensee’s appeal, and this Court should affirm rescission of the suspension. This matter is now before us for disposition.
On appeal, PennDOT argues it correctly revoked Licensee’s operating privilege. Specifically, PennDOT asserts Licensee was convicted of three DUIs within five years making her a “habitual offender” as defined in the Vehicle Code. While Penn-DOT is sympathetic toward Licensee as a victim of crime, the Vehicle Code nonetheless requires it to revoke her license for five years because she fits the definition of a habitual offender. PennDOT maintains the trial court agreed, stating: “Technically speaking, the Commonwealth’s habitual offender designation is accurate and the [revocation] should have been upheld.” R.R. at 98a. Regardless of circumstance, PennDOT contends, neither it nor the trial court has discretion to determine if a habitual offender’s license should be revoked. PennDOT argues the trial court abused its discretion when it overrode the law and sustained Licensee’s appeal.
PennDOT asserts the trial court’s reasoning for sustaining Licensee’s appeal is inconsistent with the Vehicle Code and relevant, precedential case law. The habitual offender revocation is a collateral civil consequence of criminal convictions because it is a civil requirement over which a sentencing judge has no control. Thus, there is no requirement for a warning of the consequence of pleading guilty to a third DUI violation within five years. See Duffey; Abraham.
PennDOT also maintains the trial court’s examples of situations where warnings of possible license suspensions are given do not support the trial court’s position that warnings are required for all license suspensions, including the five-year revocation based on a habitual offender designation. To that end, this Court directly holds that a failure to warn a licensee that pleading guilty or entering a pre-adjudication program will result in a habitual offender designation does not allow for rescission of the five-year license revocation. See Brewster v. Dep’t of Transp., 94 Pa.Cmwlth. 277, 503 A.2d 497 (1986) (en banc); see also Brophy v. Dep’t of Transp., 94 Pa.Cmwlth. 310, 503 A.2d 1010 (1986). PennDOT further contends the details of what occurred in the litigation of Licensee’s DUI convictions is simply not relevant to her designation as a habitual offender because the facts establish she had three DUI convictions in less than five years.
Further, PennDOT argues, contrary to the trial court’s reasoning, neither Duffey nor the refusal warnings required by Section 1547 of the Vehicle Code support the trial court’s conclusion that Licensee must have been warned of the collateral consequences of her guilty plea. PennDOT asserts that, short of the legislative remedy of inserting a warning requirement into Section 1542 of the Vehicle Code, Licensee’s only potential remedy was to seek relief from one of her DUI convictions in criminal court. See Duffey.
Section 1542 of the Vehicle Code states, in relevant part (with emphasis added):
(a) General rule. — The department shall revoke the operating privilege of any person found to be a habitual offender pursuant to the provisions of this section. A “habitual offender” shall be any person whose driving record, as maintained in the department, shows that such person has accumulated the requisite number of convictions for the separate and distinct offenses described and enumerated in subsection (b) committed after the effective date of this title and within any period of five years thereafter.
(b) Offenses enumerated. — Three convictions arising from separate acts of any one or more of the following offenses committed by any person shall result in such person being designated as a habitual offender:
* * *
(1.1) Any violation of Chapter 38 (relating to driving after imbibing alcohol or utilizing drugs) except for sections 3801(a)(1) and (b) (relating to illegally operating a motor vehicle not equipped with ignition interlock) and 3809 (relating to restriction on alcoholic beverages).
(d) Period of revocation. — The operating privilege of any person found to be a habitual offender under the provisions of this section shall be revoked by the department for a period of five years....
75 Pa.C.S. § 1542(a), (b)(l.l), (d).
“In a license suspension case, the only issues are whether the licensee was in fact convicted, and whether [Penn]DOT has acted in accordance with applicable law.” Dep’t of Transp., Bureau of Driver Licensing v. Tamopolski, 533 Pa. 549, 552, 626 A.2d 138, 140 (1993). PennDOT bears the initial burden to establish a prima facie case that a record of conviction supports a suspension. Taddei v. Dep’t of Transp., Bureau of Driver Licensing, 982 A.2d 1249 (Pa.Cmwlth.2009). An essential part of satisfying this burden is the production of an official record of the conviction supporting the suspension. Glidden v. Dep’t of , Transp., Bureau of Driver Licensing, 962 A.2d 9 (Pa.Cmwlth.2008). PennDOT must also establish it acted in accordance with applicable law. Id.
Here, PennDOT entered a certified packet of eight documents into the record without objection. R.R. at 30a. These documents constitute official records of Licensee’s convictions. Relevant here, PennDOT’s certified packet of documents includes Licensee’s driving history documenting her three convictions for DUI, as well as the reports of each conviction, within a period of less than one year, justifying her designation as a habitual offender. See R.R. at 67a, 74a, 76a, 78a-80a. These certified documents satisfied PennDOT’s initial burden to establish the convictions underlying Licensee’s designation as a habitual offender. Fetty v. Dep’t of Transp., Bureau of Driver Licensing, 784 A.2d 236 (Pa.Cmwlth.2001); Martino v. Commonwealth, 116 Pa.Cmwlth. 200, 541 A.2d 425 (1988).
To overcome the rebuttable presumption that she was convicted of these offenses, Licensee bore the burden of proving by clear and convincing evidence that the record was erroneous. Mateskovich v. Dep’t of Transp., Bureau of Driver Licensing, 755 A.2d 100 (Pa.Cmwlth.2000). Clear and convincing evidence is “evidence that is so clear and direct as to permit the trier of fact to reach a clear conviction, without hesitancy, as to the truth of the facts at issue.” Id. at 102 n. 6 (citation omitted).
Here, Licensee did not present any rebuttal evidence regarding her DUI convictions. Rather, Licensee admitted she received three DUIs in the six-week period after she was the victim of a violent crime. R.R. at 31a. Licensee explained that she was prescribed medication and underwent trauma therapy as a result of her victimization. Id. Licensee asserted she was “just asking that ... the five year [revocation] be lifted because of extreme extenuating circumstances.” Id.
The trial court also heard testimony from Licensee’s former criminal defense counsel, whose office represented Licensee in two of her three underlying criminal DUI cases. Licensee’s former counsel testified that, with regard to the DUI case in which she personally represented Licensee, based on mitigating circumstances, the district attorney allowed Licensee to plead guilty to a first offense, general impairment DUI. See Section 3802 of the Vehicle Code, 75 Pa.C.S. § 3802. However, Licensee’s former counsel agreed she did not consider or discuss the potential for the habitual offender designation with Licensee based on Licensee’s three DUI convictions. R.R. at 53a-54a.
Ultimately, the trial court sustained Licensee’s appeal, and rescinded the five-year license revocation. R.R. at 60a. For the reasons set forth below, the trial court erred in sustaining Licensee’s appeal.
It is well-settled that, “[t] he mandatory suspension of a driver’s license upon conviction for DUI is a collateral civil penalty administratively imposed by [PennDOT] pursuant to the mandates of the Motor Vehicle Code not the Crimes Code. Thus, the mandatory suspension is not a direct criminal penalty, but rather, is a civil sanction.... ” Commonwealth v. Wolf, 5B4 Pa. 283, 290, 632 A.2d 864, 867 (1993) (emphasis in original); see also Duffey. More particularly, in the context of a license revocation under Section 1542 of the Vehicle Code, an en banc panel of this Court previously stated:
[A] license revocation is a civil proceeding. The suspension of operating privileges is, therefore, a collateral consequence of any criminal proceedings. It is a consequence, civil in nature, whose imposition has been vested in an administrative agency over which the criminal judge had no control and for which he had no responsibility. Courts have thus consistently held that a trial court’s failure to inform a defendant of this potential collateral consequence does not invalidate his guilty plea.
Brewster v. Dep’t of Transp., 503 A.2d at 498 (citation and quotation omitted); accord Brophy.
Further, contrary to the trial court’s statements at the hearings here, the details of Licensee’s plea agreement in the underlying criminal proceedings are not relevant. To that end, as we explained in Stair v. Department of Transportation, Bureau of Driver Licensing, 911 A.2d 1014 (Pa.Cmwlth.2006):
[R]egardless of whether a plea agreement existed in the underlying criminal proceedings, it has no effect on [Penn-DOT’s] duty under the relevant provisions of the Vehicle Code to impose the instant license suspension and ignition interlock requirement.
In other words ... neither the district attorney in plea bargaining, nor the court of common pleas when deciding a criminal matter, has jurisdiction to bind [PennDOT] to withdraw a civil license suspension. The statutory suspensions following ... a conviction for [DUI] are not bargaining chips to be traded in exchange for criminal convictions; rather, they are mandatory civil penalties, imposed not for penal purposes, but to protect the public by providing an effective means of denying an intoxicated motorist the privilege of using our roads.
Id. at 1018 (citations and quotations omitted). Similarly, “[a] licensee may not collaterally attack an underlying criminal conviction in a civil license suspension proceeding.” Piasecki v. Dep’t of Transp., Bureau of Driver Licensing, 6 A.3d 1067, 1071 (Pa.Cmwlth.2010) (quoting Duffey, 536 Pa. at 443, 639 A.2d at 1177).
Here, it is undisputed that Licensee pled guilty to three DUI violations in less than a year. These convictions triggered Penn-DOT’s duty to revoke Licensee’s operating privileges for five years under 75 Pa.C.S. § 1542. PennDOT’s designation of Licensee as a habitual offender was proper, and the five-year revocation of her operating privileges is mandatory. Id. The trial court conceded as much in its opinion, stating: “Technically speaking, the Commonwealth’s habitual offender designation is accurate and the suspension should have been upheld.” Tr. Ct., Slip Op. at 7. Indeed, once PennDOT submitted an unre-butted certified record of Licensee’s three DUI convictions in less than a year, the trial court lacked discretion to modify the mandatory five-year revocation of Licensee’s operating privileges. See 75 Pa.C.S. § 1542(a), (b)(1.1), (d); Bursick, 526 Pa. at 11, 584 A.2d at 298 (“[PennDOT] is required to revoke the operating privilege of any person whose driving record meets criteria defining a habitual offender. Revocation is mandatory, not discretionary.”) (emphasis in original); Dep’t of Transp., Bureau of Traffic Safety v. Hill, 117 Pa. Cmwlth. 160, 543 A.2d 211, 212 (1988) (“When the common pleas court finds that the licensee has committed the violation for which the penalty was imposed, it is a manifest abuse of discretion to modify the penalty because the court disagrees with the penalty.”) (Citation omitted).
Moreover, our Supreme Court’s recent decision in Abraham does not alter this result. There, the Court considered whether a public school teacher’s criminal defense counsel was ineffective for failing to inform the teacher that he would forfeit his pension upon pleading guilty to specified offenses. The Court framed the issues before it as: (1) whether, in light of Padilla, the distinction in Pennsylvania between direct and collateral consequences to define scope of constitutionally “reasonable and professional assistance” required under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), is appropriate; and, (2) if so, whether the forfeiture of a pension that stems from a public school teacher’s negotiated plea to crimes committed in the scope of his employment is a collateral civil consequence of a criminal conviction that relieves counsel from any affirmative duty to investigate and advise. In resolving the first issue, the Court held:
Padilla did not abrogate the application of [a direct versus collateral consequences] analysis in cases that do not involve deportation. Frometa’s [] general holding remains: a defendant’s lack of knowledge of collateral consequences of the entry of a guilty plea does not undermine the validity of the plea, and counsel is therefore not constitutionally ineffective for failure to advise a defendant of the collateral consequences of a guilty plea.
Abraham, 619 Pa. at 304-05, 62 A.3d at 350 (emphasis added).
After determining the direct versus collateral consequences analysis remained viable in cases other than those involving deportation, the Court then explained that it previously defined the distinction between a direct and collateral consequence of a guilty plea as the distinction between a criminal penalty and a civil requirement over which a sentencing judge has no control. In determining whether a statutory provision constitutes a criminal penalty or a civil requirement, the Court observed it previously adopted the U.S. Supreme
Court’s analysis in Smith v. Doe, 538 U.S. 84, 123 S.Ct. 1140, 155 L.Ed.2d 164 (2003). After a comprehensive analysis of the factors set forth in Smith, the Court ultimately held the pension forfeiture statute was not so punitive in force or effect as to negate the legislative intent that it be a civil, remedial provision. Because the statute was not punitive in nature, the Court held forfeiture of the pension was a collateral consequence of the teacher’s guilty plea. Further, because counsel could not be deemed ineffective for failing to advise the teacher regarding the collateral consequences of his plea, the Court rejected the ineffective assistance of counsel claim.
Of further note, in Abraham, the Supreme Court cited its 1994 decision in Duffey, observing that “Duffey held the loss of driving privileges is a collateral consequence of a conviction for underage drinking....” Abraham, 619 Pa. at 305, 62 A.3d at 350, n. 8. The issue in Duffey was whether the license suspension triggered by an underage drinking conviction was a criminal penalty requiring a licensee to knowingly and intelligently consent to such a suspension when he made his plea bargain. In resolving this issue, the Court stated:
Today, we hold that loss of driving privileges is a civil collateral consequence of a conviction for underage drinking_ Courts of this Commonwealth have consistently recognized that a license suspension is a collateral civil consequence of a criminal conviction. See Commonwealth v. Englert [311 Pa.Super. 78],. 457 A.2d 121 (Pa.Super.1983) (suspension imposed following a conviction for failing to stop at the scene of an accident constituted a civil collateral consequence); [Brophy ] (operating privilege suspension as a habitual offender constitutes a collateral civil consequence of acceptance of ARD on the underlying offense). See also [Bur-sick]; [Brewster]; Zanotto v. Department of Transportation, Bureau of Driver Licensing [83 Pa.Cmwlth. 69], 475 A.2d 1375 (Pa.Cmwlth.1984). We recognize that these cases involved offenses other than underage drinking. However, we find that these cases establish that license suspension is properly considered a collateral consequence rather than a criminal penalty.
As we hold that [the licensee’s] suspension is a collateral civil consequence of his conviction, there is no requirement that he know of this consequence at the time of his guilty plea. [The licensee’s] loss of driving privileges is irrelevant to the determination of whether a guilty plea was entered voluntarily and knowingly_
As we hold that the suspension of operating privileges pursuant to 18 Pa. C.S.A. [sic] § 6310.4 is a collateral civil consequence of a criminal conviction and is not part of the criminal sentence, we must also hold that it is not proper for the [licensee] to attack the validity of the criminal conviction upon which [Penn-]DOT based the suspension in this civil proceeding. We have established that a licensee may not collaterally attack an underlying criminal conviction in a civil license suspension proceeding. In [Bursick ], this court held that the scope of review of an operating privilege suspension which resulted from a criminal conviction does not include the authority to attack the validity of the underlying criminal conviction. See also [Wolf]. Numerous Commonwealth Court decisions have adhered to this principle. See, E.g., Commonwealth, Dep’t of Transp., Bureau of Driver Licensing v. Heeter [128 Pa.Cmwlth. 480], 563 A.2d 993 (Pa.Cmwlth.1989); Radice v. Commonwealth, Dep’t of Transp., Bureau of Traffic Safety [118 Pa.Cmwlth. 627], 545 A.2d 1005 (Pa.Cmwlth.1988). Under these principles of law, [the licensee] cannot attempt to withdraw his guilty plea in this civil proceeding. When a licensee becomes aware that he is going to lose his driving privilege as a consequence of paying a fine on a summary offense, his only remedy is to seek allowance of appeal nunc pro tunc from the summary conviction. Heeter, 563 A.2d at 994.
We would suggest to our legislature that it should be clearly stated on the citation, if it is not already, that a guilty plea to the offense of underage drinking will result in a license suspension. While we hold today that a licensee does not have to be warned of the collateral consequences of license suspension, we believe it would be more equitable and no great burden on the Commonwealth to provide such a warning.
Duffey, 536 Pa. at 440-41, 442-43, 639 A.2d at 1176,1177 (emphasis added).
In addition, in Zanotto, we specifically rejected a licensee’s argument that he was denied due process because he was not informed of the habitual offender designation at the time of his convictions, explaining:
[The licensee] contends that a de novo hearing in common pleas court does not satisfy due process, because at the time of his convictions, he was not informed of the ultimate consequences of multiple convictions, i.e., the triggering of the habitual offender provision. We have recently held, however, that a de novo hearing adequately safeguards the notice and hearing requirements of due process. Yeckley v. Commonwealth of Pennsylvania [81 Pa.Cmwlth. 576], 474 A.2d 71 (Pa.Cmwlth.1984). Cf. [Englert] (the suspension of operating privileges is a collateral consequence, civil in nature, of a conviction; a trial court’s failure to inform a defendant of a potential collateral consequence does not invalidate a guilty plea).
Zanotto, 475 A.2d at 1375-76 (emphasis added).
In short, based on our review of Section 1542 of the Vehicle Code and applicable case law, there is simply no support for the trial court’s determination that Licensee’s five-year operating privilege revocation is invalid based on Licensee’s failure to receive notice of the habitual offender designation prior to her decision to plead guilty to her third DUI offense.
Further, while the trial court found support for its decision in the implied consent warnings in Section 1547(b)(2) of the Vehicle Code, 75 Pa.C.S. § 1547(b)(2), we disagree that this provision supports the result reached by the trial court. To that end, unlike Section 1547, which specifically requires recitation of the consequences of a refusal to submit to chemical testing by a police officer, Section 1542 contains no counterpart.
In addition, while the trial court pointed to the Supreme Court’s “suggestion” to the legislature in Duffey regarding the inclusion of a license suspension warning on a citation for underage drinking, Duffey, 536 Pa. at 443, 639 A.2d at 1177, that statement, made in dicta, did not alter the Court’s essential holding that “a licensee does not have to be warned of the collateral consequences of license suspension.... ” Id. Perhaps more importantly, the propriety of the inclusion of any such warning is a question for the General Assembly, and that body included no warning requirement in Section 1542 of the Vehicle Code.
Despite our respect for the compassionate trial court, we remain mindful of the proper roles of a trial court and an intermediate appellate court. Our roles are to apply existing law, reserving for our Supreme Court the sensitive policy judgments attendant to major changes in the law. Policy judgments must consider not only Licensee here, but also other licensees who clearly come within the habitual offender statutory sanctions, and the risk such offenders pose to citizens lawfully using our roadways. While we are sympathetic to Licensee’s situation, based upon the application of well-settled law to undisputed facts, we must reverse the trial court.
ORDER
AND NOW, this 31st day of October, 2013, the order of the Court of Common Pleas of Cumberland County is REVERSED.
. The sworn facts from the affidavit of probable cause regarding that matter are as follows:
On 04/6/2011 at 1607 hrs. I was dispatched to the Motel 6 room # 320 in reference to a welfare check on [Licensee]; York City Police (OFF. Knarr) wanted our department to check her status because she gave a PNC bank teller a note in York City stating she needed help and wanted the police to report a domestic disturbance with a gentleman she met on line. I responded on scene and knocked loudly at room # 320 numerous times. I announced myself as OFF. Greco NYCRPD. The room/ door was locked and no one answered. I had the management staff obtain a key and entry was made. No one was inside and I found no problems. While closing the door I was approached by a white female, a young white female child, and a white male., The male saw police and suspiciously walked away and tried to flee the scene. The male was detained and brought back to room # 320. The female was identified as the woman that gave the note to the bank teller. The woman [Licensee] stated she was assaulted and threatened by the male we had detained. I observed the female had visible black and blue marks/abrasions to both her upper arm areas. The female gave a positive identification on scene of the accused. I [M]irandized the accused and double locked the handcuffs. While in custody the male had no form of identification. The male gave the name of Jason Eric Za[c]ek D.O.B 05-05-1975. No record was found in Pa or any other surrounding states. In speaking with the victim she advised a physical altercation occurred at the Super 8/Arsenal Rd., on 04-03-2011 at approx., 2300 hrs. While the physical domestic occurred the accused stated he would kill her and cut off her head somewhere in the mountains. The accused also stated he would bury her in the mountains so that no one could find the body. The victim stated the accused pushed, hit, and shoved her which caused the black and blue marks/abrasions to her both upper arm areas. I ran a Criminal Histoiy check on the accused with the name and D.O.B. he provided but no record was found in Pa or surrounding states. I believe the accused is giving false information to the police during an investigation of Terroristic Threats, Simple Assault, and Harassment. The accused was booked as John Doe due to the situation at hand. The accused also took the victims cell phone battery out of her phone so that she could not make any calls to 911 for police assistance. Based on the visible injuries on scene and her statements I charged the accused with the appropriate crimes. The victim was photographed by Cpl. Migitulski on scene. I supplied information to the victim on how to obtain a P.F.A.
Tr. Ct., Slip Op., 4/8/13, Finding of Fact No. 2 (quoting Docket CP-67-CR-05413-2011, Affidavit of Probable Cause (York Cnty.)).
. This Court previously precluded Licensee from filing a brief based on her failure to do so in accordance with the briefing schedule issued by this Court.
. Our review is limited to determining whether the trial court’s findings were supported by competent evidence, whether errors of law were committed, or whether the trial court’s determinations demonstrated a manifest abuse of discretion. Dep’t of Transp., Bureau of Traffic Safety v. O’Connell, 521 Pa. 242, 555 A.2d 873 (1989).
. We note that in Sondergaard v. Department of Transportation, Bureau of Driver Licensing, 65 A.3d 994 (Pa.Cmwlth.2013), this Court held that a lifetime disqualification of an individual’s commercial driver’s license (CDL) under the Uniform Commercial Driver’s License Act, 75 Pa.C.S. §§ 1601-1620, is penal in nature because, unlike the “privilege” of operating a motor vehicle, the lifetime disqualification on a CDL results in an individual’s loss of the right to practice his chosen profession. Id. at 997. "The severity of this sanction transforms what is a remedial law in the context of a one-year disqualification, into a penal one.” Id. Here, unlike in Sonder-gaard, we are not confronted with a lifetime ban on an individual's chosen profession, but rather the temporary loss of the privilege of operating a motor vehicle.
. See Commonwealth v. Frometa, 520 Pa. 552, 555 A.2d 92 (1989), abrogated in part by Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010) (deportation was a collateral consequence of a guilty plea and therefore did not need to be explained to the defendant).
. The Court also cited Duffey when it reiterated that the distinction between a direct and collateral consequence of a guilty plea was effectively defined as the distinction between a criminal penalty and a civil requirement over which a sentencing judge has no control. Commonwealth v. Abraham, 619 Pa. 293, 62 A.3d 343 (2012).
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User:Jdbarnett123
Lord Joseph Barnett was born in the early 90’s & is now a leader in the business world | WIKI |
Pine-Sol
Pine-Sol is a registered trade name of the Clorox Company for a line of household cleaning products, used to clean grease and heavy soil stains. Pine-Sol was based on pine oil when it was created in 1929 and during its rise to national popularity in the 1950s. By 2016, Pine-Sol products sold in stores no longer contained pine oil, which was done to reduce costs. The old Pine-oil containing formula is sometimes available online only.
History
Pine-Sol detergent was invented by Harry A. Cole of Jackson, Mississippi, in 1929.
In 1948, entrepreneur Robert Earnest "Dumas" Milner acquired Magnolia Chemical, the Jackson, Mississippi supplier of Pine-Sol. Milner put Howard S. Cohoon in charge of the firm which had six employees: three salesmen and three who produced the product. In the following five years Cohoon turned the company into a multi-million dollar operation selling 20 million bottles throughout the United States and 11 other nations. Cohoon modernized the operation from manual bottling and labeling to full automation.
According to Cohoon, at that time pine oil was produced from old yellow pine tree stumps which were previously regarded as worthless. After Pine-Sol went national, Milner Company began a national radio advertising campaign starting with the Robert Q. Lewis show in 1952. By 1955 the Milner company had purchased Perma-Starch, of Illiopolis, Illinois, and by 1959 Milner had grown to a $1.5 million daytime TV advertising package and a $100,000 radio buy shared between Pine-Sol and Perma-Starch.
In January 1956, the Federal Trade Commission ordered Milner Company to cease and desist an advertising campaign that related to the false claims regarding the effectiveness of Pine-Sol compared to other pine oil containing products. Milner Company had previously agreed to cease and desist several other false claims about germicidal and bactericidal properties of Pine-Sol in March 1951. In February 1963, the Dumas Milner Company, including Pine-Sol facilities in Jackson, Miss., and Perma-Starch plant in Illiopolis, Ill., was taken over by Wayne, N.J. based American Cyanamid for stock valued at $17 million. Howard S. Cohoon was to remain in charge of the division.
The Pine-Sol brand was acquired by Clorox from American Cyanamid's Shulton Group in 1990. The 2005 version of the original 8% to 10% pine oil based cleaner was acidic (pH 3–4) and could be used to remove bacteria from household surfaces. However, some of the products now contain bases (pH 10–11).
There was also a dispute between Clorox and Reckitt Benckiser over potential consumer confusion regarding the fact that both Lysol and Pine-Sol end in "sol" and are used for cleaning. The issues spawned negotiations, agreements and lawsuits among several involved companies over the years from the 1960s to late 1990s.
Formulation
According to 1950s Milner executive Howard S. Cohoon, producer of Pine-Sol, pine oil is formed only in large stumps from cut-over timber that has remained in the ground for "at least 20 years." It is not found in live pine trees. When asked about the risk of running out, Cohoon estimated in 1954 that there was "enough to last for another 35 years." He was not worried about a shortage as he claimed pine oil could be produced synthetically.
Although the original Pine-Sol formulation was pine oil-based, today the cleaners sold under the Pine-Sol brand contain no pine oil.
In 2006, The Clorox Company's product line included "Clorox Commercial Pine-Sol Brand Cleaner", with the same ingredients and concentrations as "Original Pine-Sol Brand Cleaner 1."
In 2008, the material safety data sheet for the "Original Pine-Sol Brand Cleaner 1" formulation listed 8–12% pine oil, 3–7% alkyl alcohol ethoxylates, 1–5% sodium petroleum sulfonate and 1–5% isopropyl alcohol.
In January 2013, Clorox began making a product called Original Pine-Sol Multi-Surface Cleaner which included glycolic acid while lacking any pine oil.
In January 2014, Clorox announced that Pine-Sol products would no longer contain pine oil, due to pine oil's limited supply and increased cost. In response to consumer requests for the original formula, Clorox made available a product containing 8.75% pine oil to online purchasers, but said it would not be sold in stores. | WIKI |
How to process a large batch of images in Siril for a timelapse video?
I’m starting to experiment with making widefield timelapse videos, and I’m trying to find a way to harness the power of Siril for automating final processing steps of the individual frames. So far I’ve used Sequator to do pre-processing and stacking steps, then GIMP/BIMP to run a basic curves adjustment to all of the images. But Siril offers much better options which cater to astrophotography than GIMP. I want to make a .bat file that includes few basic Siril-cli commands (rmgreen, denoise, and asinh specifically), that I can drag and drop a large group of images on and let it go to work. But I keep getting the error “GLib-GIO-CRITICAL : This application can not open files”. I’ve tried the approaches as described in the tutorial “Apply a single-image command to a sequence” on the Siril documentation site, but I keep running into the same errors with that code as well. I’m on Windows 11.
Any ideas? I’m certainly open to other avenues if there’s a better way to process a large batch of images.
That sounds like an error in your bat file. Make sure you invoke directly siril-cli in your commands, not smthg like start siril-cli.exe.
If that’s not the case, pls share a bat file, I’ll have a look
C.
To help with isolating the issue, here’s a simple batch file that gives the same error:
@echo off
“C:\Program Files\SiriL\bin\siril-cli.exe” -s OSC_StDgDn.ssf test_image.tif
echo Done!
pause
Also, I installed Siril using the windows installer, didn’t build it from source code. Maybe I need to install the dependencies for siril-cli to function?
Hi,
not sure what you intend to do. But calling siril-cli with option -s and an image as argument is not a valid call. -s expects you will pass a script file, not an image. There are a few examples in our tutorial on scripting: Siril - Advanced Siril scripting with bash or DOS
No need to build from sources to use siril-cli, the installer installs it with all the necessary dependancies.
C.
Thanks for setting me straight there, I was using the Siril Man Page synopsis to come up with that, a batch file is not the right place for that syntax I guess. ChatGPT led me astray as well.
This works, though I’d like to be able to loop it through multiple files - this seems to only process one file when I drop multiple on it.
echo OFF
FOR /F "tokens=2 " %%g IN (‘siril --version’) do (SET version=%%g)
set ext=fits
(
echo requires version
echo setext ext
echo load %1
echo rmgreen 0 1
echo asinh -human 6 0.044
echo denoise
echo save %1
echo close
) | siril-cli -s - >nul 2>&1
pause
Sidenote for any other amateurs like me: I added the siril-cli.exe directory to the Windows environment variables to avoid having to put the full path to it.
I’ve got a decent working solution below, but it’s limited on how many files can be drag and dropped on it, due to the character limits for command arguments. Depending on the length of the file path, the limit is usually around 100 files. I tried a nested FOR loop to cycle through all files in a directory, but the only way I could get siril-cli to work was by using the SHIFT and GOTO way of looping. Any ideas for how to change this to run on all files in the current folder?
::This is a batch file that will loop through multiple images and apply the same processing steps to each individual file
::the number of files that can be dropped is limited to between 100 and 200 files due to command argument character limits
::try placing the photos to be processed in a temp directory with a short path to maximize the characters available
@echo OFF
:loop
if "%1"=="" goto end
echo Processing...%1
FOR /F "tokens=2 " %%g IN ('siril --version') do (SET version=%%g)
set ext=fits
set newfile_dir=%~dp1
set newfile_name=%~n1
set newfile=%newfile_dir%processed_%newfile_name%
(
echo requires %version%
echo setext %ext%
echo load %1
echo rmgreen
echo mtf 0.10 0.35 0.79
echo clahe 8 2.00
echo subsky -rbf -samples=20 -tolerance=1.0 -smooth=0.5
echo satu 1.00 0 6
echo denoise -mod=0.65 -vst
echo savetif %newfile% & ::save as a tif
echo close
) | siril-cli -s - >nul 2>&1
shift
goto loop
:end
echo All files done!
pause
I solved the issue I had with FOR loops. It had to do with delayed variable expansion and an inability to use variables set inside the FOR loop for echo commands inside the same loop. I rearranged the code to get around the issue. Working solution here:
::This is a batch file that will loop through all images in current folder
::apply the same processing steps to each individual file
::and save tif file renamed as processed_xxxx
@echo OFF
set ext=fits
FOR /F "tokens=2 " %%g IN ('siril --version') do (SET version=%%g)
::change desired file extension to process here if tif not desired
FOR %%f in (*.tif) do (
echo Processing...%%~dpfxf
(
call echo requires %version%
echo setext %ext%
echo load %%~dpfxf & ::adjust desired processing commands and parameters below here
echo rmgreen
echo mtf 0.10 0.35 0.79
echo clahe 8 2.00
echo subsky -rbf -samples=20 -tolerance=1.0 -smooth=0.5
echo satu 1.00 0 6
echo denoise -mod=0.65 -vst
echo savetif %%~dpfprocessed_%%~nf & ::save as a tif renamed as processed_xxxx
echo close
) | siril-cli -s - >nul 2>&1
)
echo All files done!
timeout /t 3
exit
There are many ways you can script siril. We’ve given examples in the bash tutorial, with cmd and powershell. If you use python, there’s another tutorial:Siril - Automating with pySiril
I prefer python for doing this kind of things but that’s just my personal preferences. There are other examples at the end of the comet tutorial as well.
1 Like | ESSENTIALAI-STEM |
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xdmp.requestTimestamp
xdmp.requestTimestamp() as String?
Summary
Returns the system timestamp for this request if the request is a query statement. Returns the empty sequence if the current request is an update statement.
Usage Notes
The xdmp:request-timestamp function returns the system timestamp that is in effect for current query. This timestamp will remain unchanged for the duration of the query. If you want to get the most recent system timestamp external to the current running context during an update statement (for example, if your query takes a long time to run, and there are other updates occurring in your database while your update statement is running), you can use xdmp:eval to evaluate a separate query statement that returns the system timestamp at the time the xdmp:eval query is evaluated.
Example
xdmp.requestTimestamp();
=> 1234567
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GANGRENE
Case Study
Episode of Care:
Diagnoses: Arterial insufficiency; Gangrene right foot; Dementia
Medical History: Left below the knee amputation
PT Start Date: 8/31/2016
PT End Date: 10/28/2016
Number of PT Visits: 24
Initial Evaluation:
Status:
1. family had opted not to follow the advice of his vascular surgeon for a below knee amputation of his right leg to stop the progression of gangrene.
2. the patient previously had a below the knee amputation of his left leg due to circulatory insufficiency
Prognosis:
1. extremely poor based upon his history and present status
2. best practices wound care would not stop the gangrenous progression
3. septicemia and death
Treatment Plan:
1. his primary care nurse practitioner opted to try a physical therapy intervention which incorporated the Treadwell System
Result(s):
1. signs of progress within the second week
1. edema reduction
2. discoloration improved
3. Induration lessened
4. improved range of motion of right ankle and toes
5. observable healing at the gangrenous site
2. healing was continuous and progressive
3. odor from the patient’s distal 3rd toe (gangrenous segment) prompted another referral to the vascular surgeon, who no longer recommended surgery
4. spontaneous amputation of the distal two phalanges of the right 3rd toe occurred
5. circulation in his right lower leg and foot had returned to normal including healing of his right 3rd toe
Addendum: I have seen this patient in the facility recently, which is 9 months after this episode of care, and his right lower leg and foot still appear normal with respect to swelling, coloration and induration.
Conclusion(s): In my professional opinion, had the episode of care utilizing the Treadwell System not been engaged, progression of the gangrenous infection would likely have led to sepsis and death.
Estimates of the cost of a below the knee amputation surgery and subsequent medical interventions begin at $100,000. Had this occurred and the patient survived, he would have had to go to a (more expensive) skilled facility to receive the level of care required for a bilateral amputee.
The total cost of the episode of care delivered utilizing Treadwell technology, which was delivered at the facility (no transportation required for the patient to go to an outside facility for treatments) was approximately $3,000, 3% or less of what the surgical alternative would have cost the healthcare system.
Richard Hand, PT
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What to Watch Friday
Another Marvel character, Punisher, is added to the mix in the new season of “Daredevil” on Netflix. And on “20/20,” Diane Sawyer interviews the actress linked to the capture of the drug lord known as El Chapo. DAREDEVIL on Netflix. The Marvel Comics universe’s ever-expanding presence on the small screen gets a little bigger with the second season of this series, whose 13 episodes are available online. Charlie Cox is back as Matt Murdock, better known as Daredevil, a blind lawyer who moonlights as a crime-fighter in Hell’s Kitchen. But Marvel fans may recognize new additions to the mayhem: Punisher (Jon Bernthal) and Daredevil’s ex-girlfriend, Elektra (Élodie Yung). (Image: Mr. Cox) PEE-WEE’S BIG HOLIDAY (2016) on Netflix. Thirty years have passed since Paul Reubens’s beloved character, Pee-wee Herman, set out on a journey across the country to find his lost bicycle with help from the fugitive Mickey, the ghostly truck driver Large Marge and other memorable characters. Now, after meeting a mysterious stranger, Pee-wee is inspired to take a first vacation in what turns out to be an adventure-filled story of friendship and destiny. In this film, Neil Genzlinger wrote in The New York Times, Pee-wee is “less frenetic and more reactive” than in the past. “Perhaps he knows that a lot of people watching this sweet, silly film will be in a mellower place than they were when ‘Pee-wee’s Playhouse’ was on television more than a quarter-century ago.” (Image: Mr. Reubens) THE PROGRAM (2016) on various streaming platforms. Ben Foster stars as Lance Armstrong in this biopic based on the book “Seven Deadly Sins,” by the journalist David Walsh, who is played by Chris O’Dowd. The movie tells the story of Armstrong’s rise as a Tour de France champion and stunning fall brought on by his doping and lies. SLEEPY HOLLOW 8 p.m. on Fox. In the latest episode of this mythological mash-up, Ichabod Crane and Abbie Mills find themselves forced by circumstance to fight alongside their foes. Abbie’s sister, Jenny, tries to salvage her relationship with Joe Corbin as they take a break from fighting real demons to battle their own internal ones. 20/20 10 p.m. on ABC. Diane Sawyer interviews Kate del Castillo, the actress at the center of the controversy surrounding the arrest of Joaquín Guzmán Loera, the Mexican drug lord known as El Chapo. In her first television appearance since his arrest Ms. del Castillo, a Mexican-born actress living in Los Angeles, discusses her role in arranging Mr. Guzmán’s interview with Sean Penn, and the circumstances that led to his capture. THE TONIGHT SHOW STARRING JIMMY FALLON 11:30 p.m. on NBC. Scheduled guests include the “Supergirl” actress Melissa Benoist and John Krasinski, who is making his stage debut this month in the play “Dry Powder” at the Public Theater in New York. Mike Posner is the musical guest. (Image: Mr. Fallon) | NEWS-MULTISOURCE |
Islamic State waterboarded captive Westerners, sources say – The Denver Post
Trending: WASHINGTON At least four hostages held in Syria by the Islamic State, including an American journalist who was recently executed by the group, were waterboarded in the early part of their captivity, according to people familiar with the treatment of the kidnapped Westerners. James Foley was among the four who were waterboarded several times by Islamic State militants, who appeared to model the technique on the CIA's use of waterboarding to interrogate terrorism suspects after the Sept. 11, 2001, attacks. The victims of waterboarding are often strapped down on gurneys or benches while cold water is poured over a cloth covering their faces. They suffer the sensation of feeling they are drowning. President Barack Obama has condemned waterboarding as torture. They knew exactly how it was done, said a person with direct knowledge of what happened to the hostages. The person, who would only discuss the hostages' experience on condition of anonymity, said the captives, including Foley, were held in Raqqah, a city in the north-central region of Syria. A second person familiar with Foley's time in captivity confirmed Foley was tortured, including by waterboarding. Foley's mother, Diane, said in a brief phone interview Thursday that she didn't know her son had been waterboarded. The FBI, which is investigating Foley's death and the abduction of Americans in Syria, declined to comment. The CIA had no official comment. The Washington Post | NEWS-MULTISOURCE |
Venezuelan troops fire on protesters at airbase
Venezuelan troops on Thursday fired what appeared to be rubber bullets at protesters attacking the perimeter of an airbase and a demonstrator was killed, bringing renewed scrutiny of the force used to control riots that have killed at least 76 people. At least two soldiers shot long firearms through the fence at protesters from a distance of just a few feet. One man collapsed to the ground and was carried off by other protesters, television footage showed. Paramedics took at least two other injured people to a hospital, a Reuters witness said. The protesters who attacked the fence outside La Carlota airbase in the wealthy east of Caracas, earlier burned a truck and a motorbike when security forces firing rubber bullets broke up a march destined for the attorney general's office. David Jose Vallenilla, 22, died after arriving at a hospital in the Chacao municipality where the protest happened, the mayor said. "He died at a private clinic where he arrived in very bad condition," said Mayor Ramon Muchacho. Hundreds of thousands of Venezuelans have taken to the streets over the past months to protest a clampdown on the opposition, shortages of food and medicine and President Nicolas Maduro's plan to overhaul the constitution. The reaction of the security forces to provocation from protesters has been in the spotlight since images showed a national guard pointing a pistol at protesters on Monday. Opposition lawmaker Jose Manuel Olivares said Vallenilla had been killed by the national guard firing rubber bullets at point blank range. Olivares, whose arm was wounded in the protest, called for sit-ins on highways on Friday and protests at military bases on Saturday. Vallenilla suffered wounds to the lungs and heart, a doctor who attended him told Reuters. Reuters could not independently confirm that Vallenilla was the shooting victim shown in television footage. The attorney general's office said he was shot three times. "The troops found responsible for crimes will be presented before the law," said Interior Minister Nestor Reverol, calling on the opposition to stop violent protests. Maduro says the violence is part of a foreign-led plot to overthrow his government and criticizes the opposition for fanning it, however authorities have taken action against three national guard sergeants accused of killing a boy on Monday. A small group of protesters throwing petrol bombs and powerful fireworks from behind flimsy homemade shields was able to rip down a section of the fence surrounding the airbase, despite volleys of tear gas and rubber bullets. At least one soldier aimed a shotgun through the fence, Reuters pictures showed. The national guard uses shotgun cartridges filled with small rubber balls in protests. Venezuela's national guard is a wing of the military charged with internal public order. It mainly uses tear gas, water cannons and rubber bullets to control protests that frequently escalate into riots. On Monday, a teenager died during another protest in the same area after footage showed a national guard soldier pointing a pistol at protesters. After that incident, Maduro moved the head of the national guard to a new position looking after security in the capital, part of a reshuffle that brought several more military figures into his cabinet. "I have ordered an investigation to see if there was a conspiracy behind this," Maduro said earlier on Thursday, saying the men involved in Monday's shooting had been detained. The office of the attorney general, a former Maduro loyalist who has turned against him over his push to rewrite the constitution, named three national guard sergeants on Thursday, saying they were charged with homicide for that shooting and that a court had put them in custody. | NEWS-MULTISOURCE |
What is Distributed Apps (DApps) ?
We will discuss about DApps/ Distributed Apps. When we talk about an application, it is very easy to imagine the applications that exist on the gadgets that we have.
Application or some of us know it as software. More specifically, the application is software with a specific purpose.
Today there are tons of apps available, from mobile apps as well as on PCs or other devices. Almost all of them are centralized applications, or use a centralized server model.
Then, during the current development of blockchain, crypto currency users began to talk about Decentralization Apps.
Difference Between Distributed, Decentralized and Centralized Applications
Centralized Decentralized Distributed
Before knowing what DApps / Distributed Applications are, it’s good to know the differences between the three basic application architectures.
As we have seen, the majority of applications that exist today are centralized applications.
• Centralized Application System
This centralized system uses a central server to provide services to every user in their network. Like Facebook, Google, and some E-Commerce. As users, we will depend on the strength of their servers and networks to send and receive data.
Multiple Applications can use a centralized system and a distributed system at the same time. Like Google, which is developing a combination of the two systems for low-latency, to increase network speed.
• Distributed Application System
Then the distributed application system burdens computing (sending/receiving, processing) data on other nodes . Node can mean another server, or a computer that performs computing in a different place.
Or we can compare the central warehouse and branch warehouses in several cities, but to issue / enter goods with instructions from the central warehouse. Although it does not rule out the branch warehouse / branch nodes make their own decisions.
• Decentralized Application System
While the decentralized application system frees each node in the network to have its own decisions. It does not have centralized instructions and the data on each node does not have the overall data, because the data is partially spread over each network node .
If it still describes the warehouse, then it is more in line with the store warehouse. In contrast to enterprise warehouses such as distributed Apps systems.
In this store warehouse, each store can exchange goods or retrieve and send data according to their needs and desires.
Blockchain and DApps Relationship
To increase efficiency, most of the cryptocurrency blockchains use DApps. Because Blockchain works peer-to-peer to distribute each block in the network.
Block / Block contains hash records , timestamps, and transaction data. Then the blockchain is a ledger that contains various records of these blocks. The records of these transactions, are distributed partially (not entirely) to all computers in the blockchain network.
Each new block will record the previous transaction and the current transaction, this new record will continue recording on another computer again. And each block, has been verified also by several other computers. So it is very difficult to modify the recorded data.
At the same time, if one of the computers is down or a problem occurs, it will not affect the running of the system. It will also protect against cyber attacks.
Because of this, Blockchain is also known as a Distributed Ledger. At the same time we know it as a Decentralized system at once.
Merging these two systems can occur because of the need for a secure and efficient network. Distributed Apps systems and decentralized applications without authority from a central server.
The use of this application provides various advantages such as storage, distribution of data, safe, all at once. | ESSENTIALAI-STEM |
Home > How To > Calculate Systematic Error
Calculate Systematic Error
Contents
Mean Value Suppose an experiment were repeated many, say N, times to get, , N measurements of the same quantity, x. The goal of a good experiment is to reduce the systematic errors to a value smaller than the random errors. Small variations in launch conditions or air motion cause the trajectory to vary and the ball misses the hoop. Classification of Error Generally, errors can be divided into two broad and rough but useful classes: systematic and random.
if the two variables were not really independent). For example a meter stick should have been manufactured such that the millimeter markings are positioned much more accurately than one millimeter. Multiplier or scale factor error in which the instrument consistently reads changes in the quantity to be measured greater or less than the actual changes. The accepted convention is that only one uncertain digit is to be reported for a measurement.
Calculate Systematic Error
More importantly, if we were to repeat the measurement more times, there would be little change to the standard deviation. Page last updated August 15 2012 14:45:22. Propagation of Errors Frequently, the result of an experiment will not be measured directly. i ------------------------------------------ 1 80 400 2 95 25 3 100 0 4 110 100 5 90 100 6 115 225 7 85 225 8 120 400 9 105 25 S 900
Rather, it will be calculated from several measured physical quantities (each of which has a mean value and an error). If the errors were random then the errors in these results would differ in sign and magnitude. In such situations, you often can estimate the error by taking account of the least count or smallest division of the measuring device. How To Calculate Random Numbers They are just measurements made by other people which have errors associated with them as well.
The rule is: If the zero has a non-zero digit anywhere to its left, then the zero is significant, otherwise it is not. The random error is the facts that the lights appears as spots rather than dots due to the atmospheric diffraction, which may look rather thick if there is dust or fog.The has three significant figures, and has one significant figure. http://www.physics.umd.edu/courses/Phys276/Hill/Information/Notes/ErrorAnalysis.html So how do we take this into account?
The mean m of a number of measurements of the same quantity is the best estimate of that quantity, and the standard deviation s of the measurements shows the accuracy of How To Calculate Standard Deviation See section 2.7.1 of Hughes and Hase for more detail. The mean value of the time is, , (9) and the standard error of the mean is, , (10) where n = 5. You would find different lengths if you measured at different points on the table.
Calculate Sampling Error
The Gaussian normal distribution. Even if you could precisely specify the "circumstances," your result would still have an error associated with it. Calculate Systematic Error The essential idea is this: Is the measurement good to about 10% or to about 5% or 1%, or even 0.1%? Calculate Measurement Error Since you would not get the same value of the period each time that you try to measure it, your result is obviously uncertain.
These inaccuracies could all be called errors of definition. Yes No Sorry, something has gone wrong. These changes may occur in the measuring instruments or in the environmental conditions. The art of estimating these deviations should probably be called uncertainty analysis, but for historical reasons is referred to as error analysis. How To Measure Random Error
Thus 549 has three significant figures and 1.892 has four significant figures. You can only upload a photo (png, jpg, jpeg) or a video (3gp, 3gpp, mp4, mov, avi, mpg, mpeg, rm). In such cases statistical methods may be used to analyze the data. One must simply sit down and think about all of the possible sources of error in a given measurement, and then do small experiments to see if these sources are active.
As we take more data measurements (shown by the histogram) the uncertainty on the mean reduces. How To Calculate Random Error In Excel In terms of the mean, the standard deviation of any distribution is, . (6) The quantity , the square of the standard deviation, is called the variance. Limitations imposed by the precision of your measuring apparatus, and the uncertainty in interpolating between the smallest divisions.
This idea can be used to derive a general rule.
University Science Books, 1982. 2. Random errors often have a Gaussian normal distribution (see Fig. 2). Compute the sum of the squares of the deviations: S = d1^2 + d2^2 + d3^2 + ... + dn ^ 2 4. How To Calculate Random Error In Physics Systematic errors are often due to a problem which persists throughout the entire experiment.
A. Clearly, if the errors in the inputs are random, they will cancel each other at least some of the time. A measurement may be made of a quantity which has an accepted value which can be looked up in a handbook (e.g.. http://techtagg.com/how-to/how-to-calculate-least-squares-regression.html If a sample has, on average, 1000 radioactive decays per second then the expected number of decays in 5 seconds would be 5000.
Standard Deviation For the data to have a Gaussian distribution means that the probability of obtaining the result x is, , (5) where is most probable value and , which is Nevertheless, repeating the experiment is the only way to gain confidence in and knowledge of its accuracy. The number to report for this series of N measurements of x is where . Zeros between non zero digits are significant.
Notice that the measurement precision increases in proportion to as we increase the number of measurements. The value to be reported for this series of measurements is 100+/-(14/3) or 100 +/- 5.
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Wikipedia:Featured article candidates/Robert F. Kennedy assassination
* The following is an archived discussion of a featured article nomination. Please do not modify it. Subsequent comments should be made on the article's talk page or in Wikipedia talk:Featured article candidates. No further edits should be made to this page.
The article was promoted by User:SandyGeorgia 19:31, 12 August 2008.
Robert F. Kennedy assassination
* Nominator(s): Fritzpoll (talk)
I'm nominating this article for featured article because it has been extensively rewritten since it was listed as being in urgent need of cleanup. Since then, I've taken it through to GA, and the article has been peer-reviewed and copyedited by several other editors. I believe that this article represents the fullest possible account of the topic without going into irrelevant information, and that it is well-written, per the copyediting performed by independent editors. I look forward to any constructive feedback that arises out of this process. Fritzpoll (talk) 23:26, 25 July 2008 (UTC)
Comments
* "The assassination of Robert F. Kennedy," – remove the link or the bold; linked text can't also be bold, per WP:BOLDTITLE
* Some of the web references are missing access dates, such as ""Sirhan Sirhan Kept Behind Bars". CBS (March 6, 2003)." and "Warren Kozak (March 17, 2006). "One Common Link". NY Sun."
Gary King ( talk ) 00:26, 26 July 2008 (UTC)
* Thanks for pointing it out - corrected these and one or two other citation formatting errors Fritzpoll (talk) 00:37, 26 July 2008 (UTC)
Comments
Comment: Very good work here. I would take out both the conspiracy theory para in the lead, and the "see also" section (you already have categories). I've only read about half yet, so a more substantial review to follow... ( Ceoil sláinte 00:48, 27 July 2008 (UTC)
* Going off what Ceoil said, I think you should mention Bobby (2006 film) somewhere in the article (there's a legacy section...). I think you could remove the see also section after that. I also think some stuff from the legacy/aftermath section should be mentioned in the last paragraph of the lead, as opposed to removing it. —Giggy 00:59, 27 July 2008 (UTC)
* I'll look into it in the morning (later today, actually) - would a one-liner acknowledging the existence and content of the film be sufficient? I'm wary about removing the last paragraph of the lead because I believed the lead was to summarise each major section of the article. Some of the legacy/aftermath section is already covered by the penultimate paragraph of the lead. Fritzpoll (talk) 01:10, 27 July 2008 (UTC)
* As I said on my talk page, a mention of the film in the lead would probably be OK. —Giggy 23:28, 28 July 2008 (UTC)
* Support very nice work. However (this might be just me) the lead looks a bit short. --I'm an Editorofthewiki[citation needed] 17:38, 28 July 2008 (UTC)
* Comment. The lead says that "the shooting was recorded on audio", however this is not confirmed in the article body which says only that the immediate aftermath of the shooting was recorded. Which is correct? Kaldari (talk) 19:15, 28 July 2008 (UTC)
* It is mentioned in the "Second gunman section" that there was a recording of the shootings. Is this not enough? (genuine question that I can't word any other way to sound less snarky - just assume it's not! :) )Fritzpoll (talk) 19:18, 28 July 2008 (UTC)
* Ah, sorry. I actually skipped the Alternative theories section (being a wikipedia editor tends to make one weary of conspiracy theories). I expected the information on the recordings would have been in the Media coverage section, but I see I was wrong. Sorry about that. Carry on :) Kaldari (talk) 20:38, 28 July 2008 (UTC)
* That's alright. The conspiracy theory section used to be about 20K, so you're lucky it's this small! Fritzpoll (talk) 20:40, 28 July 2008 (UTC)
* Weak Support as per all of my comments have been discussed and answered, and I can say that, before a thorough reread, I am most likely to support. Ottava Rima (talk) 16:35, 8 August 2008 (UTC)
* Comment Alternate images per MoS. When alternating, try not to have any images on the left situated right below a heading, which would violate MoS. Ottava Rima (talk) 21:19, 28 July 2008 (UTC)
* Hey - we've had a go at that, and it didn't look right. MOS allows it, but doesn't require it, if I've read WP:MOSIMAGES correctly... Fritzpoll (talk) 21:23, 28 July 2008 (UTC)
* I see that they added "can" in there. Thats odd. I was wondering - why have media coverage after the shooting. It just seems like it would be part of the "assassination". I also think that the assassin could have more info on him drawn from the other page. Also, the aftermath section could have a little more. It is a draw of interest for me and it seemed to end to quickly. Over all, it seems fine. I will wait to see what others say. Ottava Rima (talk) 21:29, 28 July 2008 (UTC)
* Good questions: the media coverage section follows the assassination itself, because it is not solely descriptive of the event. It actually covers events after Kennedy's assassination as well, so it was generally felt to warrant a separate section. The info on Sirhan is, I believe, an acceptable summary of the main article for the purposes of this article, and the section here is adequately sourced, unlike the main article (which will be one of my next projects). I'm not sure what else could be added to the aftermath section, but I am open to suggestions. Fritzpoll (talk) 21:36, 28 July 2008 (UTC)
* Hmm, tough tough tough. I almost think that the whole information from the Sirhan Sirhan page on the assassination should be moved to RFK and the summary moved there. Why? Because of the flow - assassination and trial should be linked, unless the trial is placed on its own page. If that is possible? And I don't know what can be added to the aftermath section either, it just feels like there might be something more (as this was a big assassination). :) Ottava Rima (talk) 22:09, 28 July 2008 (UTC)
* What material from the main article is missing from the summary? I see some material from his parole hearing is gone, but I'm not sure this particular article should duplicate the contents of another one. Unless you're suggesting that Sirhan shouldn't have his own article? :) I'll let other editors weigh i on this one. Fritzpoll (talk) 22:23, 28 July 2008 (UTC)
* Sorry, I meant to swap them - put the "person" article trial information in the "assassination" page, and the trial summary in the "person" page. Why? Because the individual is notable as an assassin, but the assassination is notable for who was killed. To put it quickly - When I look for info on RFK's assassination and the trial afterwards, I'd look on RFK's page, and then the assassination page. Going to a third page on a guy that didn't have any other notable information seems to be three steps removed. I think Sirhan should have his own article, but the assassination/trial section should be only a summary. Its just a priority thing. Either way. Ottava Rima (talk) 22:33, 28 July 2008 (UTC)
* Support, all my comments after a complte review of the article were addressed, and I have no concerns with any changes made since then. —Giggy 23:31, 28 July 2008 (UTC)
* Object The references need to be formatted properly with ndashes, and the periods (or lack thereof) need to be consistent. Repeated refs need to be merged. Blnguyen ( bananabucket ) 06:44, 30 July 2008 (UTC)
* Hi - I'll look at the dashes and the periods. What references are repeated? Fritzpoll (talk) 08:40, 30 July 2008 (UTC)
* I looked through and as well as fixing some minor formatting stuff, found one duplicated ref, which I fixed: . —Giggy 08:55, 30 July 2008 (UTC)
* I've fixed it myself. Blnguyen ( bananabucket ) 08:59, 31 July 2008 (UTC)
* This is a nice little article. One thing I'd like to see though is a closer examination of the background. I believe a lot more could be written in that section. ♦Blofeld of SPECTRE♦ $1,000,000? 21:39, 30 July 2008 (UTC)
* Any thoughts as to what's missing? I wanted to keep it relevant to the assassination, and everything else I could come up with wasn't relevant to the assassination, but more to Kennedy himself. Open to suggestions though :) Fritzpoll (talk) 21:49, 30 July 2008 (UTC)
* When I meant background I meant the Alternative theories section. I'm sure I've have seen numerous reports on the web and journals discussing possible motives and theories for the assassination, probably enough for an article of its own. I just wondered if there was anything missing that might add to the evaluation of his death. As it stands the paragraph and article is very concise which is a good thing but just thinking about the possibility that something has been left out. I'll check it out later and give the article a reread and then make my decision. OK? ♦Blofeld of SPECTRE♦ $1,000,000? 10:52, 1 August 2008 (UTC)
* Ah, I see what you mean. Actually, I got started on this article because its conspiracy section was about 30K long and it was posted at the Fringe theories noticeboard. What's in the article is thus delibrately small per WP:FRINGE and WP:WEIGHT and also because this is as sourced as this section could be from reliable sources! Anyway, I'll let you do your thing, because I may well have missed something. Cheers Fritzpoll (talk) 11:14, 1 August 2008 (UTC)
* Support, as the comments and suggestions above have been seen to. A small one from me: The caption of the image of the page from Sirhan's notebook might be better if it provided some context for the picture. Beyond that, nice work. Cliff smith (talk) 03:58, 1 August 2008 (UTC)
* Thanks, Cliff - I'll ponder the caption over lunch. Presumably you mean to contextualise it with the text...hmmm Fritzpoll (talk) 11:19, 1 August 2008 (UTC)
* Yeah. Nothin' major. Cliff smith (talk) 16:30, 1 August 2008 (UTC)
Commments by Blofeld
* You need to mention place of death in the intro. ♦Blofeld of SPECTRE♦ $1,000,000? 19:19, 1 August 2008 (UTC)
* Fixed. Keeper 76 21:55, 1 August 2008 (UTC)
* Hubert Humphrey is overlinked
* Fixed. Keeper 76 21:53, 1 August 2008 (UTC)
* "Sirhan was convicted on April 17, 1969 and six days later was sentenced to death.[37] The sentence was commuted to life in prison in 1972 after the California Supreme Court". What happened in those three years?? He was sentenced to death in 1969. What happened in those three years? Could you explain briefly?
* I can perhaps take a stab (no pun intended) on the third question. Probably nothing happened. When someone is "sentenced" to death in the US it generally takes several years (I think I read that the average duration is 7 or 8 years, I'll be damned if I could find a source for that though, please don't ask for one:). He likely was sitting in prison, waiting for doomsday, probably riding out the appeals process (that's a question perhaps that needs clarifying. Did SS ever attempt to appeal his conviction?) Keeper 76 21:07, 1 August 2008 (UTC)
* I see an appeal to commute the sentence in '72, rendered moot by the supreme court decision mentioned in the article, but nothing worth mentioning, really... Fritzpoll (talk) 21:18, 1 August 2008 (UTC)
* 7-8 years is ridiculous. During that time the offendant costs how much to feed and house from tax money??. Want happneed to the good old days when crminals were hung in the public the following day after conviction? ♦Blofeld of SPECTRE♦ $1,000,000? 11:16, 2 August 2008 (UTC)
* Not that this is anywhere near relevant to the discussion about a FAC, but I'd much rather have due process and a jury if someone decides "I've committed a crime" than the "good old days" of a lynch mob with a rope. Reminds me of this, which was unfortunately, not that long ago. 7 or 8 years isn't that long to "wait" before killin' someone off for a crime. It has been proven to be too hard to unkill them in light of new evidence Keeper 76 15:40, 4 August 2008 (UTC)
* Comment. It would be helpful if the fair use image, Image:Rfk assasination.jpg, had a more informative description. In particular, it should credit the photographer, whoever that is, and link to a more relevant source than rrstar.com, which appears to be rather sloppy with image credits and is undoubtedly not original source (and the image is not CC-nc licensed, as the fair use rational previously stated). The other images are all fine copyright-wise.--ragesoss (talk) 00:51, 2 August 2008 (UTC)
Support Now those small issues have been cleared up. A prime example of how to write a concise article that is to the point and highlights all the main points in a good summary. ♦Blofeld of SPECTRE♦ $1,000,000? 11:12, 2 August 2008 (UTC)
* Comments regaridng images:
* Image:Robert F. Kennedy.jpg is using a bogus copyright tag (see Templates for deletion/Log/2008 June 30) whose deletion is imminent pending re-tagging of so licensed images. Please re-license as appropriate.
* Image:Sirhan3.jpg has a misleading copyright tag (being released to and being the authorship of are entirely different notions). The federal government can hold copyrights if they are transfered. Does the source confirm the image is PD, or just that it was "transfered" (if the latter, it needs to be established that IP rights were indeed forfeited). Please re-license as appropriate.
* Image:RFK Cross.jpg does not have a verifiable source or summary, as required per WP:IUP
* Image:Rfk assasination.jpg: concerns above are valid. WP:NFCC#10A requires attribution of the copyright holder if different from the source (which certainly appears to be the case here). ЭLСОВВОLД talk 12:46, 5 August 2008 (UTC)
* Progress on the images ?? Sandy Georgia (Talk) 01:49, 8 August 2008 (UTC)
* I'll be checking on those at lunchtime today (UK time) - sorry for the delay, I've been dragged around other parts of the wiki these past few days and missed elcobbola's comments. I'll seek to resolve them shortly Fritzpoll (talk) 08:57, 8 August 2008 (UTC)
* Right, I'm not good on these image problems (will probably go ask someone for help). My solutions will probably be a) switch to a fair use rationale since I can't establish a PD release b) I'm not sure on this one - will seek clarification about what this means c) I can't find the part of WP:IUP that you mean - the image was released by the person taking the photograph. I don't doubt that there needs to be an additional tag, but I don't know which one d) I'll track down the copyright holder. Fritzpoll (talk) 16:53, 8 August 2008 (UTC)
* 1) The first image, Robert F Kennedy, is from Wikicommons, so falls under fair use per them. If this image is to be challenged, it must be taken up there, and the pages here are not affected unless that challenge results in the deletion of the picture. 2) The Sirhan3.jpg falls under this same regard. 3) The RFK Cross.jpg image is now on Wikicommons and cannot be challenged here. These three images should not be used as a justification against promotion unless Wikicommons moves to delete the images. Ottava Rima (talk) 17:56, 8 August 2008 (UTC)
* "WP:NFCC#10A requires attribution of the copyright holder if different from the source (which certainly appears to be the case here)" On looking at the photo, you see the link to this, which is the source for the image, plus marks the copy right at the bottom: "Copyright © 2008 GateHouse Media, Inc. Some Rights Reserved." Thus, copyright holder and source are the same. There is no image concern here. Ottava Rima (talk) 18:00, 8 August 2008 (UTC)
* The Commons is an archival site. Usage of images hosted therein subjects them to the aforementioned Wikipedia policies. The Commons does not allow or host fair use (i.e. nothing can "[fall] under fair use per them". This image was not taken in 2008; "Copyright © 2008 GateHouse Media, Inc. Some Rights Reserved." is not germane and/or correct. ЭLСОВВОLД talk 18:02, 8 August 2008 (UTC)
* 3lcobbola, as I stated before, if you have a complaint with the rationale tags, you have to take them up to commons. This is not the appropriate place (i.e. Wikipedia). As long as commons hosts it, it falls under GFDL and cannot be argued here. Please go there and report back with the progress. Secondly, the copyright of the final image (2008) shows the most current copyright, as many books are copyrighted in the original publication and later publications, so too can images hosted on websites. Ottava Rima (talk) 18:49, 8 August 2008 (UTC) Struck because its now being reviewed at Commons. :) Ottava Rima (talk) 19:12, 8 August 2008 (UTC)
* I was the one who wrote the initial fair use rationale for Image:Rfk assasination.jpg, and my apologies mis-sourcing it to Gatehouse Media. My initial reading of the Gathouse site was that they owned the photo, but further examination seems to show that I was incorrect. I did a bit of sleuthing, and according to a profile of Boris Yaro in the University of Southern California's alumni magazine, he's the photographer of that image and it was taken for the LA Times. I've updated the image page accordingly. I think this should now meet the sourcing requirements of WP:NFCC. Does it look good to others? Vickser (talk) 19:37, 8 August 2008 (UTC)
* Perfect! ЭLСОВВОLД talk 19:43, 8 August 2008 (UTC)
* Excellent. Ottava Rima (talk) 20:34, 8 August 2008 (UTC)
* The image issues have now been resolved with my final edit removing the page of Sirhan's diary and replacing it with a link to Wikisource. Fritzpoll (talk) 21:27, 11 August 2008 (UTC)
* Yes indeed, no remaining image issues. ЭLСОВВОLД talk 21:29, 11 August 2008 (UTC)
| WIKI |
@article {BoodmanE476, author = {Boodman, Carl and Wuerz, Terence and Lagac{\'e}-Wiens, Philippe and Lindsay, Robbin and Dibernardo, Antonia and Bullard, Jared and Stein, Derek R. and Keynan, Yoav}, title = {Serologic testing for Bartonella in Manitoba, Canada, 2010{\textendash}2020: a retrospective case series}, volume = {10}, number = {2}, pages = {E476--E482}, year = {2022}, doi = {10.9778/cmajo.20210180}, publisher = {Canadian Medical Association Open Access Journal}, abstract = {Background: Bartonella are gram-negative bacilli not identified by routine bacterial culture. The objectives of this study were to review the results of all serologic testing for Bartonella ordered in Manitoba, Canada, and to review cases with positive test results among adults to assess species identification, risk factors, clinical manifestations and outcomes.Methods: This retrospective study included all Bartonella serologic tests ordered in Manitoba and performed at the National Microbiology Laboratory, Winnipeg, from Jan. 1, 2010, until Dec. 31, 2020. We analyzed the aggregate data for all serologic tests for Bartonella for patients of all ages. We reviewed the charts of adult (age >= 18 yr) patients with serologic positivity for Bartonella who had a medical chart at 1 of Winnipeg{\textquoteright}s 2 largest hospitals (Health Sciences Centre and St. Boniface Hospital) to extract clinical and demographic data and create a case series. Descriptive statistics were performed.Results: During the study period, 1014 Bartonella serologic tests were ordered in adult and pediatric patients, of which 24 (2.4\%) gave a positive result. Sixteen adults (12 men and 4 women; mean age 48 yr) seen at a participating hospital had a positive result. Molecular species-level identification occurred on explanted cardiac valves in 5 (31\%) of the 16 cases; B. quintana was identified in all 5. Six patients (38\%) were diagnosed with probable B. quintana infection, for a total of 11 B. quintana cases (69\%); 8 (73\%) of the 11 had endocarditis. Four cases of B. quintana infection (36\%) were associated with rural residence. Four cases (25\%) of probable B. henselae were identified; 2 patients had fever and lymphadenopathy, and 2 had endocarditis. The remaining patient was deemed to have a false-positive result as his B. henselae titre was at the threshold for positivity, his B. quintana serologic test gave a negative result, and his clinical syndrome was not suggestive of Bartonella infection. Two patients died; both had multivalvular B. quintana endocarditis with ruptured intracranial mycotic aneurysms.Interpretation: Bartonella quintana was a common cause of Bartonella serologic positivity among adults in Manitoba in 2010{\textendash}2020 and was associated with endocarditis and systemic embolization. As B. quintana is transmitted by body lice, active case finding for people who lack suitable housing, both in urban and rural settings, should prioritize those with elevated Bartonella titres to receive echocardiography and detect endocarditis before systemic embolization occurs.}, URL = {https://www.cmajopen.ca/content/10/2/E476}, eprint = {https://www.cmajopen.ca/content/10/2/E476.full.pdf}, journal = {Canadian Medical Association Open Access Journal} } | ESSENTIALAI-STEM |
Page:Great Men and Famous Women Volume 6.djvu/148
312 WORKMEN AND HEROES if the remains of Captain John Ericsson should be conveyed to his native coun- try upon a United States man-of-war ; and arrangements having been completed, the Baltimore was assigned to the service. In committing the illustrious dead to the care of the commander of the Baltimore, Mr. George H. Robinson said : "We send him back crowned with honor, proud of the life of fifty years he de- voted to this nation, and with gratitude for his gifts to us." John Ericsson's birthplace in Sweden is marked by a large granite monument erected in 1867. His father was a mining proprietor, and his mother an ener- getic, intellectual, and high-spirited woman. His brother, Nils, one year older than himself, was trained as an engineer, became chief of the construction of the system of government railways in Sweden, was created a baron, and retired in 1862 with a pension larger than any before bestowed upon a Swedish subject. His sister Caroline, born in 1800, was a girl of unusual beauty. As a boy John was the wonder of the neighborhood. The machinery at the mines was to him an endless source of curiosity and delight. He was constantly trying to make models, even before he had learned to read. He had from his own plans con- structed a miniature saw-mill prior to his tenth birthday, and made numerous drawings of a complicated character. The graphic account of his youth and early manhood which his biographer presents is full of suggestion and instruction. The boy was too much occupied with his contrivances to join in the pastimes of other children. His opportunities were unusually stimulating. The project of the Gota Canal Company, one of the most formidable undertakings of its kind, was revived when he was about ten years old, his father being appointed one of its engineers, holding place next to that of the chief of the work. This opened a new world of ideas, and the little fellow undertook all manner of schemes. He was independent of outside assistance. Steel tweezers, borrowed from his moth- er's dressing-case and ground to a point, furnished him with a drawing pen, and his compasses were made of birch-wood with needles inserted at the end of the legs. Later on, he robbed his mother's sable cloak of the hairs required for two small brushes, in order to complete his drawings in appropriate colors. The clever lad attracted the notice of some of the greatest mechanical draughtsmen in Sweden, who made him drawings to serve as models, and taught him many of the principles of the art. Finally the celebrated engineer, Count Platen, becom- ing interested, appointed him a cadet in the corps of mechanical engineers ; and such was his progress in sketching profiles, maps, and drawings for the archives of the canal company, that in 18 16, at the age of thirteen, he was made assistant leveller at the station of Riddarhagen. The next year he was employed to set out the work for six hundred operatives, though he was yet too small to reach the eye-piece of his levelling instrument without the aid of a stool carried by an attendant. Thus it will be seen that he was identified almost from his cra- dle with great engineering works. His father died in 1818, and in 1820, when seventeen, he entered the Swedish army as an ensign and was rapidly promoted to a lieutenancy. The skill of young Ericsson in topographical drawing was so marked that he | WIKI |
Communism was originally the political thought that concentrated on the working class. The idea for Communism officially started with Karl Marx and Friedrich Engels in The Communist Manifesto, where they outlined their idea of what equality between the people should really be seen as. Those two men modified multiple different ideas from the writings of several authors and philosophers including Plato’s The Republic (4th century B.C.), and Sir Thomas More’s Utopia (16th century A.D.). Prior to writing the Communist Manifesto, the men were also involved in different working parties in Germany. The men combined their ideas with the ideals of other different parties to unify the workers of Germany and called the collective thought Communism. Communism as a form of government was first implemented by Vladimir Lenin in Russia 1917 after the Russian Revolution against their leader Czar Nicholas II. Lenin took inspiration from the ideas of the two German authors and then added his own philosophy, called now Marxism-Leninism, soon after that Communism became more recognized throughout the world.
From each according to his ability, to each according to his needs. Communism is known as a form of government branching off from the larger Socialism. The main idea in Communism is equality for all in status, for all people to work to the best of their ability, and for all people to receive enough for their personal needs. In order to achieve this goal, states ruled by the communist party contain no social classes and no ownership of private property, all the property belongs to the community as a whole. During the late 1940s and early 1950s, the prospect of communist activity at home and away seemed very real to many people in the United States.
These fears came to define the time’s political culture. A republic senator by the name of Joseph P. McCarthy spent almost five years trying to expose communists and other loyalty risks in the U.S. government, only to fail. In the tense atmosphere of the Cold War, acts of disloyalty were enough to convince many Americans that their government was filled with traitors trying to terrorize the country. McCarthy’s accusations were so intimidating that only a select few people ever tried to speak out against him. It was not until he attacked the Army in 1954 that his actions earned him the censure of the U.S. Senate.
Communism, a political, and economic doctrine that aims to replace private property and a profit-based economy with public ownership and community control of the natural resources for the community. This means that, while being more advanced than other forms of it, Communism is a form of socialism. There has been much controversy over exactly how communism is different from socialism but the distinction rests largely on the communists’ personal definition socialism. Two phases of communism that would predict the overthrow of capitalism are a transitional system in which the working class would control the government and economy but still find it necessary to pay people according to how long, hard, and well they worked. Then the second would be fully realized communism”a community without class divisions or government, in which the production and distribution of goods would be solely based upon the principle From each according to his ability, to each according to his needs.
Marx’s followers, especially Vladimir Ilich Lenin, took this up. Even the party leaders established a command economy in which the state-controlled property and determined wages, prices, as well as production goals. Communism is generally making fewer concessions to market capitalism and electoral democracy than most other forms of society. As a system of government, communism usually centers on a one-party state that bans most forms of political dissent. Socialisms history is more varied than communism: the Communist Manifesto devotes a chapter to criticizing the forms of socialism that already exist.
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-- Richmont Said Still Interested in All or Part of Avon
Richmont Holdings, a closely held
investor in consumer brands, is exploring an offer for all or
part of Avon Products Inc. (AVP) and has approached Avon to express
its interest, according to people familiar with the matter. Richmont, which approached Avon before Coty Inc. withdrew a
sweetened $10.7 billion bid May 14, is betting Avon would
consider its proposal a friendlier alternative, said the people,
who declined to be identified because the matter is private. As
one option, Richmont may consider offering to buy a minority
stake of 25 percent or more, the people said. Having fended off the Coty offer, Avon is focused on a
standalone plan and doesn’t take Richmont’s interest seriously,
said another person familiar with the matter. Whether Avon engineers a turnaround or sells itself, the
company “offers terrific value,” said Josh Strauss, a co-
portfolio manager of Appleseed Fund at Pekin Singer Strauss
Asset Management in Chicago , which oversees about 1 million
shares of Avon. “This is a business that is inherently fixable.
It may take a couple years, but it’s fixable.” Richmont has spoken with several private-equity funds and
sovereign wealth funds about collaborating on a bid for the
world’s largest direct seller of cosmetics, said the people.
Richmont contacted Avon before Coty withdrew to say it would be
interested in a bid if the company were running a sales process,
said one of the people. Victor Beaudet, a spokesman for New York-based Avon,
declined to comment. A phone message left at Richmont
headquarters yesterday seeking comment wasn’t returned. Avon rose 0.6 percent to $18.82 at 9:39 a.m. in New York .
The shares gained 7.1 percent this year before today. Secure Financing Richmont founder and Chairman John Rochon has lined up what
he considers is sufficiently secure financing with outside funds
to approach Avon, said one of the people. Rochon has been
speaking to a number of Avon shareholders to get their views on
his plans, said one of the people. Rochon, who founded Dallas-based Richmont 25 years ago,
served as chief executive officer of Mary Kay Inc., a door-to-
door cosmetics seller that awarded its signature pink Cadillacs
to top representatives. Richmont attempted to take over Avon in the late 1980s and
early 1990s, during Rochon’s tenure at Mary Kay, acquiring 22
percent of its stock at the time. Coty cited Avon’s “continued delay and unwillingness to
engage in discussions” in withdrawing its bid. Coty said
attempts to speak to Avon board members, including Chairman
Andrea Jung and Chief Executive Officer Sheri McCoy, failed
after it received a two-sentence e-mail requesting a deadline
extension. Avon has posted three straight years of falling earnings
and last month hired McCoy as CEO from Johnson & Johnson (JNJ) to
replace Jung and pursue a turnaround. The company is also in the
midst of internal and federal investigations into possible
bribery in its overseas operations. To contact the reporters on this story:
Jeffrey McCracken in New York at
jmccracken3@bloomberg.net ;
Lauren Coleman-Lochner in New York at
llochner@bloomberg.net To contact the editor responsible for this story:
Robin Ajello at
rajello@bloomberg.net | NEWS-MULTISOURCE |
User:Enthusiasm girl/Stuff You Missed In History Class
Stuff You Missed In History Class is a podcast created and released by the website HowStuffWorks. It is currently hosted by Sarah Dowdey and Deblina Chakraborty, both writers at HowStuffWorks. The podcast is released every Monday and Wednesday and episodes are usually between 15 and 30 minutes in length. The purpose of the podcast is to educate listeners on a variety of important or notable historical people or events which they would not have necessarily learned about over the course of their education. Generally, each episode will also relate to a corresponding article written by a HowStuffWorks staff writer.
Podcast Origin and Evolution
The podcast released its first episode on June 9, 2008. Originally, it was hosted by HowStuffWorks history editor at the time Candace Keener (then Candace Gibson) and current Stuff You Should Know host Josh Clark, and was titled ''Fact or Fiction? History Stuff For The History Buff'' and episodes were only a few minutes in length. They focused largely on brief answers to historical questions, with episode titles such as "Did Genghis Khan Really Kill 1,748,000 in one hour?" and "What Was In Peter The Great's Cabinet Of Curiosities?". The episodes at this point in time were conversational in nature, featuring banter between Keener and Clark. Usually, Clark would present a historical myth or assumption to Candace and ask her to answer whether it could be considered fact or fiction. Due to the brevity with which topics were covered during this period as well as the difference in tone and style with which the information was delivered, many of the topics covered during this era of the show would later be repeated, such as the episodes discussing D.B. Cooper and Elizabeth Bathory.
Over time, the podcast evolved to become longer in length and to deal more in depth with its subjects. Following the departure of Josh Clark in November, 2008 and the name change, the show became less conversational and more about constructing a narrative surrounding each topic and presenting the topic in a more complete way. Josh Clark was replaced by HowStuffWorks staff writer Jane McGrath.
McGrath then left in June, 2009 and was replaced by editor Katie Lambert. Shortly after, in August 2009, Keener left to be replaced by editor Sarah Dowdey. Finally, in November, 2010, Lambert left and Dowdey was joined by current co-host, staff writer Deblina Chakraborty.
Common Themes and Topics
Over the years, a wide variety of people and events from around the world have been covered by the podcast. Often the hosts will solicit listener suggestions as to which topics to cover, particularly when they recognize a particular world region or period of time that is outside of their own particular knowledge.
Often, the hosts will focus the episodes over a particular period of time on a certain subject or even do serialized episodes that follow a particular theme. For example, there have been entire series of episodes focusing on the French Bourbons and the Medici family, as well as individual episodes focusing on different American Civil War spies. There are also usually episodes that are meant to coincide with particular holidays or anniversaries. A good example of this is the string of episodes about strong women in history meant to commemorate Women's History Month in 2011.
The hosts have also drawn attention to common threads throughout particular stories that have been unintended. For example, Arthur Conan Doyle and Queen Victoria both made appearances in various podcasts throughout 2011 that were unrelated to them specifically. Other common threads such as the exhumation of remains, decapitation of heads, or sad royal childhoods have also been pointed out.
Some of the most popular or requested topics the podcast has covered throughout its run include European royalty, military history, the lives of great artists and musicians, infamous murders and criminal cases and disastrous early expeditions to unexplored lands.
Interviews With Authors and Public Figures
Occasionally, episodes will break from the usual format and consist of interviews with authors or other public figures.
Throughout September 2009, a five-part series aired in which Candace Keener interviewed former president of the United States Jimmy Carter. In the interview, Carter discussed his work forging the Camp David Accords, the Carter Center's work towards the eradication of Guinea Worm Disease, and the human rights and foreign policy goals of the United States.
In May 2011, the current co-hosts interviewed author David McCullough and discussed his novel The Greater Journey: Americans In Paris. A second podcast with McCullough was released in August 2011.
Most recently, October 2011 saw the release of a two-part interview with Dr. Holly Tucker about her novel Bloodwork.
Notable Episodes
Fore a complete list of episodes, See User:Enthusiasm girl/List Of Stuff You Missed In History Class Episodes | WIKI |
Page:Weird Tales Volume 24 Number 06 (1934-12).djvu/124
the Northwest stories. If you get enough protests against the discard of Northwest Smith, C. L. Moore may give him back to us; let's hope so. Robert E. Howard still pleases with Conan, and Seabury Quinn entertains us as he always has. is the only magazine in the field of weird fiction that is worth reading; the imitators of quickly pall and do not give the splendid variety of stories that your magazine does."
J. J. O'Donnell, of New York City, writes: "When I was beginning to read, several years ago, you published what is perhaps the best weird story that I have ever read: The Supreme Witch, I think it was called, by an English author. I was drawn to that issue by the cover design, which was based on that story. The tale has haunted me since then, and I would like to read it again. Won't you publish it in your Weird Story Reprint section?" [You are not alone in your liking for The Supreme Witch, as a number of our readers have requested us to reprint this story. E. Hoffmann Price, himself an author of distinction, was loud in his praises of the story when it was printed, back in 1926. It appeared simultaneously in and the English magazine, Pan. The author, G. Appleby Terrill, has since died. We will publish the story in our reprint section for January.—The Editor.]
Vennette Herron, of Darien, Connecticut, writes: "The Black God's Kiss is one of the most fascinating stories that I have ever read."
Bert Felsburg, of Frackville, Pennsylvania, writes: "After reading C. L. Moore's The Black God's Kiss, I certainly hope Moore can arrange it so that Northwest Smith kills off Jirel of Joiry, and quickly at that. I fail to see where there is any action in Jirel, and I wonder if there is anyone that desires a better story than Shambleau or Black Thirst Of all the different characters I have read in numerous magazines, there are none that appeal to me as do Northwest Smith and Conan."
Jack Darrow, of Chicago, writes: "The Black God's Kiss is the best piece of work yet turned out by C. L. Moore, even surpassing Shambleau—and that's saying something I would very much like to read a book-length novel by C. L. Moore."
Fred Anger, of Berkeley, California, writes: "The Black God's Kiss was by far the poorest C. L. Moore story yet. The first three of C. L. Moore's tales were excellent, but the last two were rather pediculous."
Manley Wade Wellman, of Wichita, Kansas, writes: "Permit me to congratulate you on the current issue of WT, an outstanding item in the history of an outstanding publication. Particularly good was your lead yarn, The Black God's Kiss."
Alvin Earl Perry, of Rockdale, Texas, writes: "I disagree with you concerning The Black God's Kiss. It is not the weirdest story ever told. All of Moore's previous tales surpass it in that particular, especially Black Thirst. But, even so, this Jirel of Joiry is good, very good. I'll certainly be satisfied if all of Moore's works in the future feature her."
Edwin F. Caswell, of Dayton, Ohio, writes: "The best story in the October number is The Seven Geases, by Clark Ashton Smith. Next is The Black God's Kiss; but Clark Ashton Smith's is so good I have cut it out and saved it."
Lucy Leonard Kessler, of San Francisco, writes: "I want to tell you how much I and some of my friends enjoy . Francis Flagg is our favorite writer of scientific and unusual fiction. We also like very much Clark Ashton Smith Some of us have especially enjoyed The Three Marked Pennies, by Mary Elizabeth Counselman, The Parasitic Hand by R. Anthony, and—oh, beautiful and haunting—the poem, A Ship Is Sailing, by Katherine van der Veer."
Stuart Ayers, of Lewiston, Idaho, writes to the Eyrie: "Why so few scientific stories? The horror stories are generally excellent, but they don't compare with a well written science-fiction tale. And you seem to be able to get some very excellent ones at times. Gray World by Paul Ernst was fine. It had the ring of truth, and an appropriate strange atmosphere. The old idea was handled mar- | WIKI |
Jose A. ORTIZ, Plaintiff, v. GEORGIA PACIFIC, Defendant.
Case No. 1:12-CV-01033-LJO-GSA.
United States District Court, E.D. California.
Sept. 23, 2013.
Jessica Juarez, Albert G. Stoll, Jr., A. Law Corporation, San Francisco, CA, for Plaintiff.
Keith I. Chrestionson, Fox Rothschild LLP, San Francisco, CA, for Defendant.
MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (DOC. 41)
LAWRENCE J. O’NEILL, District Judge.
I. INTRODUCTION
Plaintiff Jose A. Ortiz brings this employment discrimination case against Defendant Georgia Pacific (“GP”), alleging, among other things, that he was subjected to sexual harassment at the hands of a female co-worker, that GP failed to take action to address the co-worker’s behavior, and that GP retaliated against him after he complained of the harassment.
The First Amended Complaint (“FAC”) asserts ten causes of action. The first through sixth allege unlawful gender based discrimination, hostile work environment, and retaliation, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2 (“Title VII”), and California’s Fair Employment and Housing Act (“FEHA”), Cal. Gov.Code § 12940. Doc. 26 at ¶¶ 21-82. The FAC also alleges GP aided and abetted the co-worker’s sexual harassment in violation of Cal. Gov.Code. § 12940(i), id. at ¶¶ 83-88; and failed to prevent the unlawful discrimination and harassment in violation of Cal. Gov.Code § 12940(k), id. at ¶¶ 89-98. Finally, Plaintiff asserts claims for intentional and negligent infliction of emotional distress. Id. at ¶¶ 99-111.
Before the Court for decision is GP’s motion for summary judgment or in the alternative summary adjudication as to all of the claims in the case as well as to Plaintiff’s prayer for punitive damages. Doc. 41. Defendant filed a statement of undisputed fact (“DSUF”), Doc. 41-2, along with supporting documents. Plaintiff filed an opposition, Doc. 43, and a response to Defendant’s statement of fact, as well as a separate statement of disputed fact, Doc. 44. Defendant replied, Doc. 47, and filed responses to Plaintiffs statements of fact, Doc. 48, as well as evidentiary objections, Doc. 50. This motion was originally set for hearing on September 16, 2013, but the hearing was vacated and the matter submitted for decision on the papers pursuant to Local Rule 230(g). Doc. 52.
II. FACTUAL BACKGROUND
Plaintiff was hired by GP on October 3, 2002 to serve as a general laborer in GP’s Modesto corrugated packaging manufacturing facility. Cormier Deck, Doc. 41-3, at ¶¶ 5,16; DSUF # 2. Plaintiff holds the position “Flexo Assistant Machine Operator.” DSUF # 2. He has been on medical leave since December 2011. Id. GP’s written employment policies prohibit discrimination, unlawful harassment, and/or retaliation. DSUF # 8.
Plaintiff claims that, beginning in June 2010, Maria Salamanca, a female employee in Plaintiffs department, began sexually harassing Plaintiff. Both employees worked together on some occasions in 2010 and 2011. Ortiz. Depo. at 46:9-19.
On or about November 29, 2010, Plaintiff reported Ms. Salamanca’s conduct for the first time to GP’s harassment hotline. According to notes of that conversation maintained by GP, Plaintiff reported that since June 2010, Ms. Salamanca had been “brushing up against [Plaintiff] when she was working near his machine [station]” and “had also been staring at him when [Plaintiff] was leaving at the end of the day.” Cormier Deck ¶ 24; Plaintiffs Exhibit (“PX”) 6 (GP 498). Later that same day, Plaintiff called the hotline again to report that Ms. Salamanca “shows her breasts at the picnic table,” “says a lot of sexually explicit things at the picnic table,” and “hugs her co-workers all the time and gives them shoulder massages.” Id. Plaintiff also reported that when he leaves work, Ms. Salamanca “watches by the window so she can intercept him and try to touch him.” Id.
Plaintiff called the company hotline another eleven times from November 29, 2010 through March 14, 2011 in order to complain about Ms. Salamanca’s conduct or to check in on the status of his prior complaints. PX 6, Doc. 46 (GP 498-99).
On or about December 7, 2010, Patrick Macias, Plaintiffs son-in-law, also reported to GP’s hotline that Ms. Salamanca was engaging in inappropriate behavior of a sexual nature. Cormier Deck ¶25. In his declaration, Mr. Macias indicates: he “heard [his] co-workers speak about Maria Salamanca in an explicit, sexual manner;” he “observed Tim Juarez and Maria Salamanca touch each other in a sexual manner;” and he “observed that Maria Salamanca and other co-workers [] would engage in highly sexualized conversations during business hours.” PX 3.
GP opened an investigation into the allegations. Among other things, GP managers interviewed Ms. Salamanca and Plaintiff on February 14, 2011. HR Manager Marites (“Tess”) Cormier interviewed Plaintiff. Cormier Decl. ¶26. According to Ms. Cormier’s interview notes, with respect to Plaintiffs allegation that Ms. Salamanca was “brushing up against him,” Plaintiff denied that Ms. Salamanca actually made physical contact with him. Id. at ¶ 26a. He also denied that Ms. Salamanca actually “showed her breasts” in the workplace; rather, Plaintiff explained that she wore low cut tops to work. Id. at ¶ 26b. Regarding sexually explicit language, Plaintiff asserted that Ms. Salamanca used the “F” word, and explained his belief that, while it is acceptable for men to use such language, women should not. Id. at ¶ 26bc. Finally, regarding the incidents in which Plaintiff complained that Ms. Salamanca tried to intercept him to touch him, Plaintiff explained that on a few occasions, Ms. Salamanca would come to the door where the time clock was located and stand close to him while he was trying to punch out for the day. Id. at ¶ 26d.
At his January 23, 2013 deposition, Plaintiff testified that, among other things, Ms. Salamanca would rub her chest against his chest and bend over in front of him, placing her buttocks on Plaintiffs pelvic area. Id. at 51:4-7. According to Plaintiff, this would occur every time Ms. Salamanca was near Plaintiff. Id. 45:20-21. However, it is undisputed that Plaintiff did not explain the extent of these purported physical contacts to GP, at least not during GP’s initial investigation. Plaintiff testified at his deposition that he communicated to Ms. Cormier at the February 14, 2011 interview that he was “physically touched” by Ms. Salamanca, but admits that he refused to describe or show anyone how the touching occurred, apparently because Mr. Ortiz did not want to touch Ms. Cormier in demonstration. Ortiz Depo. 116-117. Plaintiff also denies ever expressing a belief that women should not use “inappropriate” language. Ortiz Depo. 159-60.
Based on GP’s investigation, GP concluded that Plaintiffs November 29, 2010 sexual harassment allegations were unsubstantiated, and the matter was closed on March 16, 2011. Cormier Deck ¶28 & Defendant’s Exhibit (“DX”) I.
On or about May 11, 2011, Plaintiff again reported his ongoing problem with Ms. Salamanca to Robert Einhell, his shift supervisor. Cormier Deck ¶ 30; DX J. Plaintiff reported that while he was trying to enter the facility to punch in, Ms. Salamanca was inside the facility looking out the door window at him. Id. Ms. Salamanca allegedly opened the door and looked at him while he entered the facility, and then proceeded to laugh at him. Id. According to GP’s records, Plaintiff denied that any physical contact was made. Id. Plaintiffs deposition testimony does not contradict GP’s records. Although he testified that Ms. Salamanca did touch him, he could not recall whether he told Mr. Einhell as much. Ortiz Depo. at 168-64.
GP again investigated the complaint. Ms. Cormier and Todd Wells interviewed Ms. Salamanca approximately thirty (30) minutes after the alleged incident took place. Cormier Decl. ¶32 & DX K. Ms. Salamanca admitted to opening the door but denied laughing at Plaintiff. Id. Ms. Salamanca further explained that if she had known Plaintiff would be coming in early, she would have avoided being near the badge reader. Id.
On May 12, 2011, Ms. Cormier and Mr. Wells interviewed Plaintiff about the incident. Cormier Decl. ¶ 33; DX K. Plaintiff explained that he did not need Ms. Salamanca to open the door for him and that he believed Ms. Salamanca was trying to indicate that he was a “dumb ass” by laughing at him. Id.
GP scheduled a meeting on May 12, 2011 to counsel both parties. Plaintiff, Ms. Salamanca, and a union representative attended. Cormier Decl. ¶¶ 34-35; DX K. At this meeting, both parties were instructed to respect each other and ignore each other whenever they were in close proximity. Id. According to Ms. Cormier’s notes, both parties consented to abide by these instructions. Id.
On June 14, 2011, Plaintiff filed a charge of sex discrimination and retaliation with the U.S. Equal Employment Opportunity Commission (“EEOC”), alleging, in pertinent part:
In June 2010, Maria Salamanca, coworker, began sexually harassing me. For example, she would purposefully rub her body against mine and would engage in inappropriate conduct with other coworkers. I reported the harassment to Tess Cormier, HR assistant, in November 2010, after which an investigation was launched. In February 2011, I was informed by Bill Yeager, HR Director, that the investigation failed to disclose any evidence of harassment and merely gave Ms. Salamanca a verbal warning; however, despite a second complaint, Ms. Salamanca continues to engage in harassing behavior such as obstructing my way. Moreover, after reporting the harassment, I was subjected to discipline by receiving negative points for failing to work overtime while others, with less seniority, refuse overtime and do not receive points against them.
PX 7, Doc. 46 at p. 97 of 150.
On August 25, 2011, Plaintiff was cited for a safety violation involving the company’s Logout/Tagout (“LOTO”) rule. Cormier Decl. ¶ 11, 21, 53; DX F at p. 27. The LOTO rule requires that machines be locked out before employees enter restricted areas, or when employees are setting up or cleaning the machines. GP investigated the violation, including interviewing witnesses, and concluded the violation warranted a three day unpaid suspension (the least onerous of the mandatory disciplinary actions required under GP policy). Id. On September 6, 2011, Plaintiff was issued a written performance review for a three day unpaid suspension. Cormier Decl. ¶ 21; DX H.
On November 22, 2011, Plaintiff filed a second charge with the EEOC, alleging he was subjected to unfair discipline and harassment after filing his previous EEOC complaint. PX 7, Doc. 46 at 98 of 150. This complaint alleged, in pertinent part:
Subsequent to having filed [my previous] charge, I was subjected to unfair discipline and harassment. For example, on or about 8/25/2011, Dan Brasher, Safety Manager, suspended me for violating a safety rule; however, I am aware of other employees who have committed similar violations and were not disciplined.
Id.
GP investigated the retaliation allegations in both of Plaintiffs EEOC charges and found them to be without merit. Cormier Decl. ¶ 43. Regarding Plaintiffs allegation that he was disciplined for the LOTO violation while another employee was not, Ms. Cormier’s investigation revealed that negative points were issued to employees thirteen times and suspensions were issued five times for LOTO violations in the Modesto facility. Id. ¶ 48. Ms. Cormier also concluded that the examples Plaintiff provided of others who were not disciplined were factually distinguishable from Plaintiffs LOTO violation. Id. ¶ 50.
On June 26, 2012, Plaintiff filed the instant lawsuit. His initial complaint reiterated the allegations contained in his EEOC claims. Doc. 1. His first amended complaint, filed December 14, 2012, further detailed that Ms. Salamanca’s sexually harassing behavior consisted of, among other things, “unwelcome sexual touching, stalking at work, and explicit sexual commentary.” Doc. 26 at ¶ 14.
III. STANDARD OF DECISION
Summary judgment is proper if the movant shows “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56. The moving party bears the initial burden of “informing the district court of the basis for its motion, and identifying those portions of the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, which it believes demonstrate the absence of a genuine issue of material fact.” Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (internal citation and quotation omitted). A fact is material if it could affect the outcome of the suit under the governing substantive law; “irrelevant” or “unnecessary” factual disputes will not be counted. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).
If the moving party would bear the burden of proof on an issue at trial, that party must “affirmatively demonstrate that no reasonable trier of fact could find other than for the moving party.” Soremekun v. Thrifty Payless, Inc., 509 F.3d 978, 984 (9th Cir.2007). In contrast, if the non-moving party bears the burden of proof on an issue, the moving party can prevail by “merely pointing out that there is an absence of evidence to support the non-moving party’s case.” Id. When the moving party meets its burden, the non-moving party must demonstrate that there are genuine disputes as to material facts by either:
(A) citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials; or
(B) showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.
Fed.R.Civ.P. 56(c).
In ruling on a motion for summary judgment, a court does not make credibility determinations or weigh evidence. See Anderson, 477 U.S. at 255, 106 S.Ct. 2505. Rather, “[t]he evidence of the non-movant is to be believed, and all justifiable inferences are to be drawn in his favor.” Id. Only admissible evidence may be considered in deciding a motion for summary judgment. Fed.R.Civ.P. 56(c)(2). “Conclusory, speculative testimony in affidavits and moving papers is insufficient to raise genuine issues of fact and defeat summary judgment.” Soremekun, 509 F.3d at 984.
IV. DISCUSSION
A. The “OmittedEvidence.”
Defendant argues that Plaintiff made admissions against his self-interest by denying during GP’s initial investigation into his complaints that Ms. Salamanca touched him or engaged in any overtly sexual acts. Doc. 47 at 2. Defendant argues that Plaintiffs subsequent attempts to use contradictory evidence to prevent summary judgment should be disregarded as sham evidence under the doctrine of “pre-trial estoppel.” Id.
In support of the application of this legal doctrine, Defendant cites a California ease, D'Amico v. Board of Medical Examiners, 11 Cal.3d 1, 21-22, 112 Cal.Rptr. 786, 520 P.2d 10 (1974), and a district court case from the Southern District of Ohio, Nilavar v. Mercy Health System-Western Ohio, 254 F.Supp.2d 897, 901-902 (S.D.Ohio 2003), Doc. 47 at 2, totally ignoring the body of caselaw on this subject from within this Circuit, including a recent ruling from this Court, Oyarzo v. Tuolumne Fire Dist., 2013 WL 3327882, 955 F.Supp.2d 1038 (E.D.Cal. July 1, 2013). The relevant rules are described in Oyarzo:
A party cannot “create a triable issue of fact, and thus survive summary judgment, merely by contradicting his or her own sworn deposition testimony with a later declaration.” Disc Golf Ass’n, Inc. v. Champion Discs, Inc., 158 F.3d 1002, 1008 (9th Cir.1998). This is because “if a party who has been examined at length on deposition could raise an issue of fact simply by submitting an affidavit contradicting his own prior testimony, this would greatly diminish the utility of summary judgment as a procedure for screening out sham issues of fact.” Kennedy v. Allied Mut. Ins. Co., 952 F.2d 262, 266 (9th Cir.1991). The sham affidavit rule may be invoked only if a district court makes “a factual determination that the contradiction was actually a sham” and “the inconsistency between a party’s deposition testimony and subsequent affidavit ... [is] clear and unambiguous.” Van Asdale v. Int’l Game Tech., 577 F.3d 989, 998-99 (9th Cir.2009).
Id. at *12, at 1064.
These cases stand for the proposition that a party cannot directly contradict a statement made in a sworn deposition by a later declaration. None of these cases stand for the proposition that a party cannot contradict an unsworn statement to a human resources manager during an internal investigation by subsequent deposition testimony. Defendant’s request that the Court disregard Plaintiffs “sham issues of fact” is DENIED.
B. Employment Discrimination Claims.
1. Sex Discrimination Claims.
Both Title VII and FEHA prohibit employment discrimination based upon sex. Title VII makes it unlawful for employers:
(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or
(2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national origin.
42 U.S.C. § 2000e-2(a)(1), (2). Because the purposes of Title VII and FEHA are similar, the standard for proving intentional discrimination under Title VII applies to FEHA discrimination claims. Los Angeles Cnty. Dep’t of Parks & Recreation v. Civil Serv. Com., 8 Cal.App.4th 273, 280, 10 Cal.Rptr.2d 150 (1992).
The three-stage burden shifting test established in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), applies to both Title VII and FEHA discrimination claims. Fonseca v. Sysco Food Services of Arizona, Inc., 374 F.3d 840, 847-50 (9th Cir.2004), Guz v. Bechtel Nat. Inc., 24 Cal.4th 317, 354, 100 Cal.Rptr.2d 352, 8 P.3d 1089 (2000). Pursuant to this framework, Plaintiff must first establish a prima facie case. See Fonseca, 374 F.3d at 847-49. If Plaintiff succeeds, the burden shifts to Defendant to establish a legitimate reason for the adverse employment action. Id. at 849-50. If Defendant carries its burden, Plaintiff must demonstrate that the stated reasons are merely pretext for discrimination. Id.
a. Prima Facie Case of Discrimination.
Plaintiff may establish a prima facie case by showing that: “(1) he is a member of a protected class; (2) he was qualified for his position; (3) he experienced an adverse employment action; and (4) similarly situated individuals outside his protected class were treated more favorably, or other circumstances surrounding the adverse employment action give rise to an inference of discrimination.” Fonseca, 374 F.3d at 847.
For purposes of this motion, the first two elements are undisputed. First, Plaintiff is a member of a protected class. It is well established that both sexes are protected from discrimination under Title VII. Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75, 78, 118 S.Ct. 998, 140 L.Ed.2d 201 (1998) (“Title VII’s prohibition of discrimination ‘because of ... sex’ protects men as well as women.”). Second, nothing in the record suggests Plaintiff was unqualified for the position he held.
(1) Adverse Action.
Plaintiff was suspended for three days without pay on or about September 6, 2011, purportedly for a LOTO safety violation that occurred on or about August 25, 2011. DSUF #24. Defendant’s contention that the suspension does not qualify as an adverse action, Doc. 47 at 4, is without merit. The Ninth Circuit has recognized that “an adverse employment action exists where an employer’s action negatively affects its employee’s compensation.” Fonseca, 374 F.3d at 847. A suspension without pay constitutes an adverse employment action. Id. at 848 (suspension later reduced to a warning letter was nevertheless adverse action for purposes of Title VII); see also Kelley v. Cnty. of Ventura Pers. Dep’t, 28 F.3d 106, *1 (9th Cir.1994) (table) (noting that defendant did not dispute that three day suspension constituted adverse employment action).
(2) Similarly Situated.
Plaintiff argues that he has presented evidence that could permit a reasonable finder of fact to conclude that similarly situated individuals outside his protected class were treated more favorably than he was treated. First Plaintiff points out that it is undisputed that Ms. Salamanca made her own report of sexual harassment against a male co-worker. In response, GP gave that male co-worker a verbal warning, while Ms. Salamanca received no discipline as a result of Mr. Ortiz’s complaints. This example entirely misses the point of similarly situated employee evidence. Such evidence is a means of demonstrating a causal connection between the adverse action and Plaintiffs protected status. The comparator individual must be similarly situated to the individual seeking relief “in all material respects.” Moran v. Selig, 447 F.3d 748, 755 (9th Cir.2006); Vasquez v. Cnty. of Los Angeles, 349 F.3d 634, 641 (9th Cir.2003) (“[I]ndividuals are similarly situated when they have similar jobs and display similar conduct.”).
Here, the adverse action complained of is discipline in connection with a safety violation. Plaintiff must demonstrate that in being disciplined he was treated differently from other employees outside his protected class. See Gay v. Waiters’ & Dairy Lunchmen’s Union, Local No. 30, 694 F.2d 531, 537 (9th Cir.1982) (explaining that a disparate treatment case requires proof that plaintiff was “singled out and treated less favorably than others similarly situated”). To connect this adverse action to Plaintiffs protected status as a male, he must present an example of a similarly situated female who was treated differently in connection with discipline for a safety violation. See Garcia v. Salt River Project Agr. Imp. & Power Dist., 618 F.Supp.2d 1092, 1098 (D.Ariz.2007) (refusing to find plaintiff similarly situated to coworker who did not have a similar history of preventable accidents). Because there is no evidence that Ms. Salamanca engaged in conduct that could even arguably have led to discipline for safety violations, her situation is not analogous for purposes of supporting a Title VII discrimination claim where the asserted adverse action is discipline for a safety violation.
b. Other Circumstancesllnference of Discrimination.
In the absence of evidence that a similarly situated individual was treated differently, Plaintiff may point to evidence of other circumstances surrounding the adverse employment action that give rise to an inference of discrimination. Plaintiff attempts to satisfy this alternative standard in two ways. First, Plaintiff maintains that other individuals did not suffer any discipline after committing the same LOTO safety violation for which he received discipline. Plaintiff claims to have observed at least one other person commit a LOTO violation. Ortiz Depo. 136:9-19; 138:3-7 (observing the conduct). Plaintiff complained to management about his belief that this individual was not disciplined. PX 6, Doc. 46 at GP 489, 490, 493 (documentation re: Ortiz’s complaint that others were not disciplined). It appears to be undisputed that this other individual was not disciplined. Id. at GP 493. Even assuming that Plaintiff’s disciplinary violation was similar to the other individual’s violation, there is no evidence to support an inference that GP drew any distinction between these two violations because of Plaintiffs sex. There is no evidence, for example, that the other violator was a woman. Whether this evidence supports Plaintiffs claim for retaliation is addressed separately below.
Plaintiff next points to a series of comments made by his superiors about his sexual harassment complaints. According to Plaintiffs version of events, upon hearing of Plaintiffs complaint of sexual harassment, GP Plant Manager “Troy,” allegedly told Plaintiff that if Plaintiff continued to “feel[ ] like that,” Plaintiff “would never get to where he [Troy] was at....” Ortiz Depo. 42:1-3. Troy then asked Plaintiff to “throw [his complaint] in the trash.” Id. at 42:3-4. Plaintiff also maintains that Todd Wells joked that the conduct Plaintiff complained of “couldn’t be sexual harassment.” Id. at 88:3-4.
Viewing this evidence in a light most favorable to Plaintiff, a finder of fact could conclude that GP managers discriminated against Plaintiff because he was a male making a complaint of sexual harassment against a female co-worker. Plaintiff has established a prima facie case of sex discrimination.
c. Legitimate Non-Discriminatory Reason/Pretext.
“If the plaintiff establishes a prima facie case, the burden of production — but not persuasion — then shifts to the employer to articulate some legitimate, nondiscriminatory reason for the challenged action.” Villiarimo, 281 F.3d at 1062 (citing McDonnell Douglas, 411 U.S. at 802, 93 S.Ct. 1817). If the employer does so, the plaintiff must show that the articulated reason is pretextual, either directly by persuading the court that a discriminatory reason more likely motivated the employer or indirectly by showing that the employer’s proffered explanation is unworthy of credence. Id. (internal citations and quotations omitted). To show pretext, a plaintiff can produce “either direct evidence, such as clearly sexist, racist, or similarly discriminatory statements or actions by the employer, or circumstantial evidence supporting an inference of retaliatory or discriminatory motive, so long as such evidence is specific and substantial.” Munoz v. Mabus, 630 F.3d 856, 865 (9th Cir.2010);
Here, GP does articulate a legitimate, nondiscriminatory reason for suspending Plaintiff, namely that he committed a LOTO safety violation. DSUF # 24. Plaintiff does not dispute that the violation occurred.
Plaintiff argues GP’s articulated reason for the suspension is unworthy of credence because at least one other employee committed a similar safety violation but was not disciplined. As explained above, Plaintiff claims to have observed at least one other person commit a LOTO without suffering discipline. Ortiz Depo. 136:9-19; 138:3-7 (observing the conduct); PX 6, Doc. 46 (GP 489, 490, 493) (documentation re: Ortiz’s complaint that others were not disciplined). But, Defendant has presented evidence that this other individual was not properly trained and therefore that it would not have been proper to issue a LOTO violation to that individual. Cormier Decl. Ex. L (GP 493). Plaintiff fails to present any evidence to the contrary; his only evidence is that he observed this individual commit the LOTO violation. As a result, he has failed to raise a dispute as to whether his suspension is unworthy of credence.
Plaintiff also testified at his deposition that GP managers made various statements indicating discriminatory intent. As described above, according to Plaintiff, upon hearing of Plaintiffs complaint of sexual harassment, GP Plant Manager Troy, told Plaintiff that if Plaintiff continued to “feel[ ] like that,” Plaintiff “would never get to where he [Troy] was at____” Ortiz Depo. 42:1-3. Troy then asked Plaintiff to “throw [his complaint] in the trash.” Id. at 42:3-4. Plaintiff also maintains 'that Todd Wells joked that the conduct Plaintiff complained of “couldn’t be sexual harassment.” Id. at 88:3-4.
The next step in the analysis requires the Court to determine whether these comments constitute “direct evidence” of discriminatory animus. “Direct evidence is evidence which, if believed, proves the fact [of discriminatory animus] without inference or presumption.” Godwin v. Hunt Wesson, Inc., 150 F.3d 1217, 1221 (9th Cir.1998); see also Berg v. California Horse Racing Bd., 419 F.Supp.2d 1219, 1229 (E.D.Cal.2006) (“[A] statement constitutes circumstantial evidence [if] it requires an additional inferential step to demonstrate that the [employer acted] because of [p]laintiff s gender.”). On the one hand statements containing sexist slurs would clearly constitute direct evidence. See Chuang v. Univ. of Cal. Davis, 225 F.3d 1115, 1128 (9th Cir.2000) (holding that the statement “two chinks ... were more than enough” is direct evidence of discrimination); Cordova v. State Farm Ins. Cos., 124 F.3d 1145, 1148 (9th Cir.1997) (holding that the statement “dumb Mexican” is direct evidence of discrimination); Coghlan v. American Seafoods Co. LLC., 413 F.3d 1090, 1095 (9th Cir.2005) (“Direct evidence typically consists of clearly sexist, racist, or similarly discriminatory statements or actions by the employer.”); Godwin, 150 F.3d at 1221 (plaintiff presented direct evidence of discriminatory intent because her supervisor said he “did not want to deal with [a] female”). On the other hand, purely generic statement unrelated to protected status must be judged under the “specific and substantial” circumstantial evidence test. See Aguilera v. Golden Eagle Distributors, Inc., 2007 WL 2904167, *2 (D.Ariz. Oct. 4, 2007) (decisionmaker’s statement to plaintiff that “I. think it’s time for you to start looking for another job” was “not the kind of remark that qualifies as direct evidence of discrimination”); Berg, 419 F.Supp.2d at 1229 (rejecting plaintiffs argument that a statement was direct evidence of discrimination and treating that statement as circumstantial evidence subject to the “specific and substantial” requirement).
Here, the offered statements make no mention of Plaintiffs protected status as a male, nor do they contain any sexist comments, or otherwise connect GP’s conduct to Plaintiffs protected status. Therefore, the statements must be “specific and substantial” to warrant a finding of pretext. In other words, the statements must “specifically or substantially demonstrate that Defendants’ proffered reason for the alleged adverse employment action is a pretext for gender discrimination.” Berg, 419 F.Supp.2d at 1230. Even viewing these statements in a light most favorable to Plaintiff, they do not satisfy this standard. Even assuming Troy criticized Plaintiff for making an allegation of sexual harassment and suggested such allegations would hinder Plaintiffs career advancement, there is no indication in these statements or otherwise that Troy offered such commentary because Plaintiff was a male making a complaint of sexual harassment. The same logic applies to Todd Well’s comment. Wells’ comments do not suggest Wells discounted Plaintiffs sexual harassment allegations because Plaintiff was male. Rather, the undisputed evidence demonstrates that Plaintiff in fact declined to describe Ms. Salamanca’s allegedly sexual conduct in any detail in the meeting attended by Wells in February 2011 that led to Wells’ alleged comment that the conduct “could not possibly be sexual harassment.” Whether either or both of these comments supports a finding of pretext in the context of Plaintiff’s retaliation claim is an entirely separate question.
Plaintiff has not presented specific and substantial circumstantial evidence of discriminatory animus toward Plaintiff sufficient to establish pretext for purposes of the McDonnell Douglas burden shifting analysis. Defendant’s motion for summary judgment as to Plaintiffs sex discrimination claims is GRANTED.
2. Section 1981.
Both parties’ briefs suggest Plaintiff relies upon 42 U.S.C. § 1981 as an alternative basis for his civil rights claim. See Doc. 41-1 at 1; Doc. 43 at 7. However, the Court has been unable to locate any reference to Section 1981 in the FAC. Even if the FAC had relied upon Section 1981, it is inapplicable in this case. Section 1981 provides:
All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and no other.
42 U.S.C. § 1981. Despite its seemingly race-neutral language, it is well-accepted that section 1981 “creates a cause of action only for those discriminated against on account of their race or ethnicity....” Johnson v. Riverside Healthcare Sys., LP, 534 F.3d 1116, 1123 (9th Cir.2008); Dickerson v. The FAC does not allege and the record does not that Plaintiff was discriminated against on account of his racial or ethnic background.
C. Retaliation Claims.
Analysis of a claim for retaliatory termination under either Title VII or California law also follows the McDonnell Douglas approach. Villiarimo v. Aloha Island Air, Inc., 281 F.3d 1054, 1064 (9th Cir.2002); Yanowitz v. L’Oreal USA, Inc., 36 Cal.4th 1028, 1042, 32 Cal.Rptr.3d 436, 116 P.3d 1123 (2005)
a. Prima Facie Case.
To establish a prima facie case of retaliation, Plaintiff must show: (1) he engaged in á protected activity; (2) he suffered an adverse employment decision; and (3) there was a causal link between the protected activity and the adverse employment decision. Villiarimo, 281 F.3d at 1064.
There is no dispute here that Plaintiff engaged in a protected activity by complaining about sexual harassment. He made twelve calls to the GP employment complaint line between November 29, 2010 and March 14, 2011. PX 6. He also complained to Robert Einhell, one of his managers, on May 11, 2011, DX J, and to the EEOC on June 14, 2011 and November 22, 2011, PX 7.
As discussed above, Plaintiffs three-day suspension without pay constituted an adverse employment action.
To establish the final primá facie element, causation, “the plaintiff must show by a preponderance of the evidence that engaging- in the protected activity was one of the reasons for the adverse employment decision and that but for such activity the decision would not have been made.” Kraus v. Presidio Trust Facilities Division/Residential Mgmt. Branch, 704 F.Supp.2d 859, 863 (N.D.Cal.2010) (citing Villiarimo, 281 F.3d at 1064). “The causal link may be established by an inference derived from circumstantial evidence, such as the employer’s knowledge that the plaintiff engaged in protected activities and the proximity in time between the protected action and allegedly retaliatory employment decision.” Jordan v. Clark, 847 F.2d 1368, 1376 (9th Cir.1988) (internal citations and quotations omitted). The timing of adverse employment action can provide strong evidence of retaliation. Stegall v. Citadel Broadcasting Co., 350 F.3d 1061, 1069 (9th Cir.2003); Yartzoff v. Thomas, 809 F.2d 1371, 1376 (9th Cir.1987) (causation was found from proximity alone where the adverse actions occurred within three months after protected activity, two weeks after charge investigated, and less than two months after investigation ended). Here, Plaintiffs suspension occurred on August 25, 2011, less than three months after his June 14, 2011 complaint to the EEOC. Plaintiff has made out a prima facie case of retaliation.
b. Legitimate Non-Discriminatory Reason for Discipline/Pretext.
Once Plaintiff makes out a prima facie case of retaliation the burden shifts back to Defendant to articulate a legitimate, non-discriminatory reason for the adverse employment action. Stegall v. Citadel Broad. Co., 350 F.3d 1061, 1066 (9th Cir.2003). As was the case in the discrimination claim, Defendant satisfies this burden because Plaintiff committed a LOTO violation.
Plaintiff then has “two avenues available for showing that [Defendant’s] legitimate explanation for [the adverse action] is actually a pretext for retaliation. The first is by directly persuading the court that a discriminatory reason more likely motivated the employer, or indirectly by showing that the employer’s proffered explanation is unworthy of credence.” Id. In contrast to the discrimination claim, where GP Plant Manager Troy’s statements were not directly connected to Plaintiffs protected status, Troy’s statements are directly connected to Plaintiffs protected conduct. According to Plaintiff, in reference to Plaintiffs sexual harassment complaints, Troy told Plaintiff that if Plaintiff continued to ,“feel[] like that,” Plaintiff “would never get to where he [Troy] was at....” Ortiz Depo. 42:1-3. Troy then asked Plaintiff to “throw [his complaint] in the trash.” Id at 42:3-4. This is quintessential direct evidence of retaliatory animus. Plaintiff has demonstrated pretext in the context of his retaliation claims for purposes of summary judgment.
Defendant’s motion for summary judgment as to Plaintiffs retaliation claims is DENIED.
D. Hostile Work Environment Claims.
Plaintiff also advances hostile work environment claims under Title VII and FEHA. “The elements of a hostile work environment claim under the FEHA track the elements of such a claim under Title VII.” Reitter v. City of Sacramento, 87 F.Supp.2d 1040, 1041 n. 1 (E.D.Cal. 2000); see also Lyle v. Warner Bros. Television Prods., 38 Cal.4th 264, 279, 42 Cal.Rptr.3d 2, 132 P.3d 211 (2006) (“California courts have adopted the [Title VII] standard for hostile work environment sexual harassment claims under FEHA.”).
In general, Title VII’s anti-discrimination provision is violated “when sexual harassment is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment.” Hardage v. CBS Broad, Inc., 427 F.3d 1177, 1183 (9th Cir.2005). To demonstrate a prima facie case of a hostile work environment under Title VII, “a person must show that: (1) she was subjected to verbal or physical conduct of a sexual nature, (2) this conduct was unwelcome, and (3) the conduct was sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment.” Craig v. M & O Agencies, Inc., 496 F.8d 1047, 1055 (9th Cir.2007). “Additionally, the working environment must both subjectively and objectively be perceived as abusive.” Id. “Objective hostility is determined by examining the totality of the circumstances and whether a reasonable person with the same characteristics as the victim would perceive the workplace as hostile.” Id.
Here, viewing the evidence in a light most favorable to Plaintiff, these threshold standards have been satisfied for purposes of summary judgment, at least as to Plaintiffs allegations of physical touching. Among other things, Plaintiff testified that Ms. Salamanca subjected him to ongoing, frequent physical contact of a highly sexualized nature. He states that Ms. Salamanca rubbed her breasts against him “constantly” and pressed her buttocks to his pelvic area. Ortiz Depo. at 44-45, 47, 54. He also presents evidence that these contacts were unwanted. He told her as much, id. at 53:4-7, and complained (or at least attempted to complain) about Ms. Salamanca’s conduct, see Burns v. Mayer, 175 F.Supp.2d 1259, 1265 (D.Nev.2001) (employee’s complaints about coworker’s conduct constituted evidence that the conduct was unwanted). Finally, Plaintiff testified that he was intimidated and humiliated, by the conduct. Ortiz Depo. at 92:16-21. Plaintiff has raised triable issues of fact as to whether he subjectively believed his work environment was intolerable. Moreover, a reasonable man faced with such a situation might find his work environment to be hostile. Clark Cnty. Sanitation Dist., 975 F.2d 588, 590 (9th Cir.1992), frequent touching of a sexual nature can be, Rene v. In an unpublished case involving remarkably similar allegations of harassment, Miscimarra v. Home Depot U.S.A., Inc., 2004 WL 5564907 (D.Nev. Aug. 26, 2004), a male plaintiff alleged his female supervisor “rub[ed] her rear end against Plaintiffs crotch while leaning over to demonstrate proper procedure for stocking shelves.... ” The district court held this conduct “pale[d] in comparison to other conduct found not to be severe enough to create a hostile work environment,” id. at *5, but the Ninth Circuit reversed, finding that the plaintiff presented sufficient evidence to establish a genuine issue of material fact whether the supervisor’s conduct was sufficiently severe or pervasive to alter the conditions of his employment and create an abusive work environment. Miscimarra v. Home Depot U.S.A., Inc., 211 Fed.Appx. 582, 583 (9th Cir.2006). Likewise, Plaintiff has presented sufficient evidence to establish that Ms. Salamanca’s “rubbing” conduct was sufficiently severe and/or pervasive to alter the conditions of his employment and create an abusive work environment.
Notwithstanding this conclusion, “where harassment by a co-worker [as opposed to a supervisor or manager] is alleged, the employer can be held liable only where ‘its own negligence is a cause of the harassment.’ ” Swenson v. Potter, 271 F.3d 1184, 1191 (9th Cir.2001) (citing Burlington Indus., Inc. v. Ellerth, 524 U.S. 742, 759, 118 S.Ct. 2257, 141 L.Ed.2d 633 (1998)). “Title VII liability is direct, not derivative: An employer is responsible for its own actions or omissions, not for the co-worker’s harassing conduct.” Swenson, 271 F.3d at 1191-92. Where, as is the case here, an employee is allegedly harassed by co-workers, the employer may be liable if it knows or should know of the harassment but fails to take steps “reasonably calculated to end the harassment.” Dawson v. Entek Int’l, 630 F.3d 928, 938 (9th Cir.2011); see also 29 C.F.R. § 1604.11(d) (“With respect to conduct between fellow employees, an employer is responsible for acts of sexual harassment in the workplace where the employer (or its agents or supervisory employees) knows or should have known of the conduct, unless it can show that it took immediate and appropriate corrective action.”).
The record indicates that Plaintiffs made three complaints of sexual harassment to GP: (1) his November 29, 2010 calls to the employee hotline; (2) his May 11, 2011 complaint to Robert Einhall; and (3) his June 14, 2011 EEOC complaint.
1. November 29,2010 Complaint.
Plaintiffs initial complaint on November 29, 2010 consisted of allegations that Ms. Salamanca “brushed up” against Plaintiff when the two were working near one another. Cormier Decl. ¶24; PX 6 (GP 498). Later that same day, Plaintiff called the hotline again to further report that Ms. Salamanca “shows her breasts at the picnic table,” “says a lot of sexually explicit things at the picnic table,” and “hugs her co-workers all the time and gives them shoulder massages.” Id. He also reported that when he leaves work, Ms. Salamanca “watches by the window so she can intercept him and try to touch him.” Id.
Viewing the evidence in a light most favorable to Plaintiff, the Court will assume that this complaint put GP on notice that Ms. Salamanca might be sexually harassing Plaintiff. “Notice of the sexually harassing conduct triggers an employer’s duty to take prompt corrective action that is reasonably calculated to end the harassment.” Swenson, 271 F.3d at 1192 (internal citation and quotation omitted). “This obligation actually has two parts. The first consists of the temporary steps the employer takes to deal with the situation while it determines whether the complaint is justified. The second consists of the permanent remedial steps the employer takes once it has completed its investigation.” Id. “The reasonableness of the remedy depends on its ability to: (1) stop harassment by the person who engaged in harassment; and (2) persuade potential harassers to refrain from unlawful conduct.” Hardage, 427 F.3d at 1186 (internal citation and quotation omitted). “Although an investigation is a key step,” a court should “consider the overall picture to determine whether the employer’s response was appropriate.” Id. In the context of a claim about coworker sexual harassment, the plaintiff has the burden of proving that management knew or should have known of the harassment and failed to take reasonably prompt corrective action designed to end the harassment. Swinton v. Potomac Corp., 270 F.3d 794, 803-804, 820 (9th Cir.2001).
After receipt of Plaintiffs initial complaints on November 29, 2010, the company opened an investigation into the allegations. GP’s incident report indicates the investigation “began” on December 7, 2010, although it is unclear whether any work was done on the matter before February 14, 2011. DX I (GP 504). At some point (the date is illegible in the records provided to the Court), a note was entered into the investigation file indicating that Ms. Salamanca was on a leave of absence, so GP decided to “continue the investigation when [the] accused returnfs] from [her leave of absence].” Id. (GP 505). Ms. Salamanca was apparently on disability leave from November 24, 2010 (several days before Plaintiff initially called the hotline) through February 7, 2011. Suppl. Cormier Decl., Doc. 49, ¶ 7. Ms. Cormier, GP’s Human Resources Manager, scheduled interviews with the parties on February 14, 2011, which was the soonest they could be arranged. Id.; PX 6 (GP 501-506).
There is no evidence to suggest that GP took any remedial measures “to deal with the situation” prior to February 14, 2011, but, given Ms. Salamanca’s absence until February 7, 2011, there was no chance that Plaintiff and Ms. Salamanca would interact, at least not until February 7. Moreover, there is no evidence that the parties interacted at all, let alone that any harassment took place, in the week between Ms. Salamanca’s return on February 7 and the interviews on February 14, 2011. One week of inaction of this type, absent evidence of further harassment, does not demonstrate a failure to complete a prompt and effective investigation. See Tatum v. Arkansas Dep’t of Health, 411 F.3d 955, 959-60 (8th Cir.2005) (where investigation not begun until two weeks after complaint and took eight weeks to complete, but no harassment took place in the interim, no failure to complete a prompt and effective investigation).
The employer also has an obligation to take permanent remedial steps once it has completed its investigation, but only if the claims of harassment are substantiated. “When an employee accuses a fellow employee of sexual harassment, the employer must reconcile competing rights: the accuser’s right to a harassment-free workplace and the accused’s right not to be disciplined without fair procedures and sufficient proof of wrongdoing.” Swenson, 271 F.3d at 1188-89. “As a matter of policy, it makes no sense to tell employers that they act at their legal peril if they fail to impose discipline even if they do not find what they consider to be sufficient evidence of harassment.” Id. at 1196. An “employer can act reasonably, yet reach a mistaken conclusion as to whether the accused employee actually committed harassment.” Id.
In his initial interview with Ms. Cormier, Plaintiff declined to depict any sexual touching; denied that Ms. Salamanca actually “showed her breasts;” and, at the very most, asserted Ms. Salamanca used the “F word” in the workplace. Regarding Plaintiffs related complaint that Ms. Salamanca tried to intercept him to touch him, Plaintiff explained that on a few occasions, Ms. Salamanca would come to the door where the time clock was located and stand close to him while he was trying to punch out for the day. Cormier Deck ¶ 26. According to GP’s records, Plaintiff denied any physical contact. Id. at ¶ 27. At his deposition, Plaintiff did not contradict Ms. Cormier’s description of this interview, except to indicate that he did recall telling managers that Ms. Salamanca “physically touched” him; however, Plaintiff admits that he refused to describe or show anyone how the touching occurred, apparently because Mr. Ortiz did not want to touch Ms. Cormier in demonstration. Ortiz Depo. 116-117. GP concluded that Plaintiffs sexual harassment allegations were unsubstantiated, and the matter was closed. Id. ¶ 28 & DX I. Plaintiffs refusal to describe the alleged harassment in any detail is relevant to the reasonableness analysis. See Hardage, 427 F.3d at 1186 (employee’s refusal to tell the “gory details” of the alleged harassment or apprise the employer of the “specifics about sexual contact” weighed in favor of finding of reasonableness). Plaintiff has submitted no evidence that even arguably suggests that GP was at the time of its decision in possession of information that would render unreasonable its conclusion that his allegations were unsubstantiated.
2. May 11, 2011 Complaint
Plaintiffs May 11, 2011 complaint to Robert Einhell was no more explicit. Plaintiff reported that while he was trying to enter the facility to punch in, Ms. Salamanca was inside the facility looking out the door window at him. Ms. Salamanca allegedly opened the door and looked at him while he entered the facility, and then proceeded to laugh at him. Id. According to GP’s records, Plaintiff denied that any physical contact was made. Id. Plaintiffs deposition testimony does not contradict GP’s records. Although he testified that Ms. Salamanca did touch him, he could not recall whether he told Mr. Einhell as much. Ortiz Depo. at 163-64. Nevertheless, GP investigated the complaint, interviewed the parties, and counseled both to respect one another. Cormier Decl. at ¶¶ 31-34.
The conduct as described by Plaintiff to GP at the time in this second complaint does not amount to sexual harassment because it is not extreme or severe. See Walpole v. City of Mesa, 162 Fed.Appx. 715, 716-17 (9th Cir.2006) (co-worker occasionally staring at plaintiff was not pervasive enough to constitute sexual harassment for purposes of Title VII); Lappin v. Laidlaw Transit Inc., 179 F.Supp.2d 1111, 1120-21 (N.D.Cal.2001) (co-worker sticking out his tongue and wiggling it at plaintiff, even when combined with derogatory name-calling, cannot sustain a hostile work environment claim); Marceau v. Idaho, 2011 WL 3439178, *18 (D.Idaho, Aug. 5, 2011) (co-worker staring at plaintiff after making romantic advances toward her by leaving chocolates in her office does not support existence of hostile work environment claim). Nor did Plaintiff describe to GP any conduct that was sexual in nature.
Even if, arguendo, one could conclude that the conduct reported to Mr. Einhell in May 2011 constituted sexual harassment, Plaintiff has presented no evidence to support a finding that based upon GP’s knowledge at the time, GP failed to take reasonable steps to end any harassment of which it had knowledge. “Counseling or admonishing the offender can constitute an adequate disciplinary response.” Star v. West, 237 F.3d 1036, 1039 (9th Cir.2001) (internal citation and quotation omitted); Swenson, 271 F.3d at 1197 & n. 16. (“[W]here the proof of harassment is weak and disputed ... the employer need not take formal disciplinary action simply to prove that it is serious about stopping sexual harassment in the workplace.”).
3. June 14,2011 EEOC Complaint.
On June 14, 2011, Plaintiff filed a complaint with the EEOC, alleging, in pertinent part:
In June 2010, Maria Salamanca, coworker, began sexually harassing me. For example, she would purposefully rub her body against mine and would engage in inappropriate conduct with other coworkers. I reported the harassment to Tess Cormier, HR assistant, in November 2010, after which an investigation was launched. In February 2011, I was informed by Bill Yeager, HR Director, that the investigation failed to disclose any evidence of harassment and merely gave Ms. Salamanca a verbal warning; however, despite a second complaint, Ms. Salamanca continues to engage in harassing behavior such as obstructing my way. Moreover, after reporting the harassment, I was subjected to discipline by receiving negative points for failing to work overtime while others, with less seniority, refuse overtime and do not receive points against them.
PX 7, at p. 97 of 150.
Plaintiff maintains that this complaint triggered a renewed duty to investigate his complaints and points out that no such investigation took place. Doc. 43 at 20. The only investigation that followed this EEOC complaint focused on the retaliation aspects of the complaint. Cormier Decl. at ¶¶ 43-56. However, the plain language of his EEOC complaint indicates that any rubbing or touching occurred in the past. GP previously conducted its own investigation into Plaintiffs “rubbing” allegations and concluded that no sexual harassment took place. Plaintiff has not presented nor can the Court identify any authority supporting the assertion that the repetition of an allegation in a subsequent complaint to an external agency imposes upon an employer a renewed duty to investigate conduct that an employer has already investigated.
The only allegation of ongoing conduct in his EEOC complaint was the assertion that Ms. Salamanca continues to “obstruct [Plaintiffs] way.” GP had previously investigated a similarly complaint, namely, Plaintiffs May 11, 2011 complaint to Robert Einhall. During that investigation, Plaintiff denied any physical contact was made. Even if this allegation represented a complaint about entirely new conduct, Plaintiff has not presented evidence establishing that any such obstruction was sexual in nature, let alone that it was severe or pervasive. There is some authority suggesting that impeding or blocking movement may constitute physical harassment, but only when “directed on the basis of sex.” 2 Cal.Code. Regs. § 7287.6(b)(1)(B) (defining physical harassment to include “impeding or blocking movement, or any physical interference with normal work or movement, when directed at an individual on a basis enumerated in FEHA”); Lyle v. Warner Bros. Television Prods., 38 Cal.4th 264, 280, 42 Cal.Rptr.3d 2, 132 P.3d 211 (2006) (citing § 7282.6); Lytel v. Simpson, 2006 WL 1233094, *3 (N.D.Cal. May 8, 2006) (same, specifically discussing whether various acts were directed at the plaintiff because of her sex or whether the acts were severe or pervasive). Here, even assuming Ms. Salamanca was obstructing Plaintiffs movement in the workplace, there is absolutely no evidence that Plaintiff told his employer she was doing so because of Plaintiff’s sex or in a sexualized manner. Moreover, unlike Plaintiffs testimony regarding Ms. Salamanca’s alleged rubbing behavior, there is no evidence that Ms. Salamanca obstructed his movement in a severe or pervasive manner.
In summary, GP did not have a duty to re-investigate past conduct it had already investigated. To the extent that Plaintiffs June 2011 EEOC complaint alleged any continuing conduct, that allegation was limited to Ms. Salamanca allegedly obstructing his movement in the workplace. Plaintiff has failed to present evidence that this conduct rose to a level of severity/pervasiveness that could support a sexual harassment claim. Therefore, GP’s failure to separately investigate it (keeping in mind that GP investigated a similar allegation one month earlier) cannot give rise to liability under Title VII.
Defendant’s motion for summary judgment as to Plaintiffs hostile work environment claim is GRANTED.
E. FEHA Aiding and Abetting.
Under FEHA, it is an unlawful employment practice “[f]or any person to aid, abet, incite, compel, or coerce the doing of any acts forbidden [under the Code section], or to attempt to do so.” Cal. Gov. Code § 12940(i). FEHA itself does not define “aiding and abetting,” but California courts have adopted the common law definition whereby a person “aids and abets the commission of an intentional tort if the person [] knows the other’s conduct constitutes a breach of duty and gives substantial assistance or encouragement to the other to so act.” Fiol v. Doellstedt, 50 Cal.App.4th 1318, 1325, 58 Cal.Rptr.2d 308 (1996) (applying this definition to FEHA aiding and abetting claim).
In Alch v. Superior Court, 122 Cal.App.4th 339, 389-90, 19 Cal.Rptr.3d 29 (2004), for example, a talent agency was found to have given substantial assistance or encouragement to defendant employers in an age discrimination case where the talent agency, among other things, provided a financial incentive to discriminate, itself discriminated against older writers with respect to referral and representation, and refused to submit older writers for television writing opportunities with networks and studios. Here, in support of a finding that GP aided and abetted Ms. Salamanca, Plaintiff argues that GP failed to discipline Ms. Salamanca and/or failed to ensure that both parties were not working on the same shift or overlapping shifts on the same or different machines. A failure to act is a far cry from providing substantial assistance and conflates an “aiding and abetting” claim with a claim brought under Cal. Gov.Code § 12940(k), which makes it unlawful for an employer to fail to take all reasonable steps necessary to prevent discrimination and harassment from occurring. Defendant’s motion for summary judgment on Plaintiffs adding and abetting claim is GRANTED.
F. FEHA Failure to Prevent Unlawful Discrimination and Harassment.
Plaintiff also alleges a claim under Cal. Gov.Code § 12940(k), which makes it unlawful for an employer “to fail to take all reasonable steps necessary to prevent discrimination and harassment from occurring.” This provision also makes it unlawful for an employer to fail to prevent retaliation. Taylor v. City of Los Angeles Dep’t of Water & Power, 144 Cal.App.4th 1216, 1240, 51 Cal.Rptr.3d 206 (2006) disapproved of on other grounds by Jones v. Lodge at Torrey Pines P’ship, 42 Cal.4th 1158, 72 Cal.Rptr.3d 624, 177 P.3d 232 (2008).
To maintain a cause of action under this provision, Plaintiff must establish “(1) [he] was subjected to discrimination, harassment or retaliation; (2) defendant failed to take all reasonable steps to prevent discrimination, harassment or retaliation; and (3) this failure caused plaintiff to suffer injury, damage, loss or harm.” Lelaind v. City & Cnty. of San Francisco, 576 F.Supp.2d 1079, 1103 (N.D.Cal.2008).
Because Defendant is entitled to summary judgment on Plaintiffs sex discrimination claim, he cannot maintain FEHA failure to prevent claim based upon that allegation. See Trujillo v. N. Cnty. Transit Dist., 63 Cal.App.4th 280, 285-89, 73 Cal.Rptr.2d 596 (1998) (no failure to prevent claim in the absence of underlying discrimination).
Likewise, even though Plaintiff presented evidence that could permit a finder of fact to conclude that Ms. Salamanca sexually harassed him for purposes of Title VII and FEHA, the Court has already concluded that GP took all reasonable steps to prevent that harassment given what it knew at the time of Plaintiffs complaints. Therefore, Plaintiff cannot maintain a failure to prevent claim based upon his hostile work environment allegations.
Plaintiffs retaliation claim has survived summary judgment, thereby satisfying the first element of a failure to prevent claim as to that allegation. The difficulty is that Plaintiff has failed entirely to present evidence (or even argue) that GP failed to take reasonable steps to prevent retaliation. See Doc. 43 at 17-20. “Prompt investigation of a discrimination claim is a necessary step by which an employer meets its obligation to ensure a discrimination-free work environment.” Northrop Grumman Corp. v. Workers’ Comp. Appeals Bd., 103 Cal.App.4th 1021, 1035, 127 Cal.Rptr.2d 285 (2002). Plaintiff in fact admits that GP investigated the retaliation allegation in his June 2011 EEOC complaint and takes no issue with the reasonableness of that investigation. Id. at 20. It is not the Court’s role to make arguments for any party. Plaintiffs failure to prevent retaliation claim therefore fails.
Defendant’s motion for summary judgment as to Plaintiffs FEHA failure to prevent claim is GRANTED.
G. Intentional and Negligent Inñiction of Emotional Distress.
Finally, Defendant moves for summary judgment on Plaintiffs claims for intentional and negligent infliction of emotional distress (“IIED” and “NIED”). It is plain from the FAC and Plaintiffs opposition that Plaintiff bases' his IIED and NIED claims' on Ms. Salamanca’s alleged harassing behavior, not on his allegations of sex discrimination or retaliation by GP. FAC ¶¶ 99-111; Doc. 43 at 20-23.
Under California law, “[a] cause of action for intentional infliction of emotional distress exists when there is (1) extreme and -outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiffs suffering severe or extreme emotional distress; and (3) actual and proximate causation of the emotional distress by the defendant’s outrageous conduct.” Hughes v. Pair, 46 Cal.4th 1035, 1050, 95 Cal.Rptr.3d 636, 209 P.3d 963 (2009) (internal citation and quotation omitted).
Defendant’s motion focuses on the factual record and argues that Plaintiff cannot establish any of these elements, totally ignoring several important issues. As a general rule, California’s Worker’s Compensation Act bars civil actions against an employer for the intentional torts of a co-worker. Fretland v. County of Humboldt, 69 Cal.App.4th 1478, 1484-85, 82 Cal.Rptr.2d 359 (1999). However, when an IIED claim is based upon sexual harassment, this exclusivity rule does not apply, because such conduct is outside the scope of the employment relationship. See Murray v. Oceanside Unified School Dist., 79 Cal.App.4th 1338, 1362-63, 95 Cal.Rptr.2d 28 (2000). For the same reason, an employer may not be held liable for discrimination or sexual harassment under the doctrine of respondeat superior. Murillo v. Rite Stuff Foods, Inc., 65 Cal.App.4th 833, 852, 77 Cal.Rptr.2d 12 (1998).
Despite this, an employer may be liable in tort based on a theory of ratification. Id. (“A principal is liable when it ratifies an originally unauthorized tort.”). “[Ratification generally occurs where, under the particular circumstances, the employer demonstrates an intent to adopt or approve oppressive, fraudulent, or malicious behavior by an employee in the performance of his job duties.” Coll. Hosp. Inc. v. Superior Court, 8 Cal.4th 704, 726, 34 Cal.Rptr.2d 898, 882 P.2d 894 (1994). “Corporate ratification ... requires actual knowledge of the conduct and its outrageous nature.” Id. “The failure to discharge an employee after knowledge of his or her wrongful acts may be evidence supporting ratification.” Delfino v. Agilent Technologies, Inc., 145 Cal.App.4th 790, 810, 52 Cal.Rptr.3d 376 (2006) (internal citation and quotation omitted).
Here, as discussed in detail in the analysis of Plaintiffs hostile work environment claim, although Plaintiffs later deposition testimony could support a finding that Ms. Salamanca engaged in outrageous conduct, GP did not have knowledge of the details of Ms. Salamanca’s conduct and therefore could not possibly ratify any outrageous conduct in which she may have engaged. To the extent the doctrine of ratification requires reasonable investigation into an allegation of wrongdoing, see Reusche v. California Pac. Title Ins. Co., 231 Cal.App.2d 731, 737, 42 Cal.Rptr. 262 (1965), GP satisfied that requirement as well, as discussed previously. There is therefore no possible basis upon which GP could be held liable for the intentional tort of IIED. The same logic applies to NIED, which is a form of the tort of negligence. See Huggins v. Longs Drug Stores California, Inc., 6 Cal.4th 124, 129, 24 Cal.Rptr.2d 587, 862 P.2d 148 (1993).
Defendant’s motion for summary judgment as to the IIED and NIED claims is GRANTED.
H. Punitive Damages.
Defendant moves for summary judgment that Plaintiff cannot sustain his prayer for punitive damages as to any remaining claims. The availability of punitive damages in a Title VII case is governed by statute. 42 U.S.C. § 1981a(b)(l) provides:
A complaining party may recover punitive damages under [Title VII] against a respondent (other than a government, government agency or political subdivision) if the complaining party demonstrates that the respondent engaged in a discriminatory practice or discriminatory practices with malice or with reckless indifference to the federally protected rights of an aggrieved individual.
In Kolstad v. American Dental Association, 527 U.S. 526, 536, 119 S.Ct. 2118, 144 L.Ed.2d 494 (1999), the Supreme Court concluded a defendant is appropriately subject to punitive damages if it acts “in the face of a perceived risk that its actions will violate federal law.” Punitive damages “apply in intentional discrimination cases where the plaintiff can show that the employer knowingly or recklessly acted in violation of federal law.” Hemmings v. Tidyman’s Inc., 285 F.3d 1174, 1197 (9th Cir.2002) (citing Kolstad, 527 U.S. at 535, 119 S.Ct. 2118).
The standard for awarding punitive damages under California law is similar, where punitive damages may be appropriate if “it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice.” Cal. Civ.Code § 3294. Malice may be shown where the defendant exhibits “the motive and willingness to vex, harass, annoy, or injure,” Nolin v. Nat’l Convenience Stores, Inc., 95 Cal.App.3d 279, 285, 157 Cal.Rptr. 32 (1979) (internal citation and quotation omitted), or a “conscious disregard of the rights and safety of others,” Potter v. Firestone Tire & Rubber Co., 6 Cal.4th 965, 1000, 25 Cal.Rptr.2d 550, 863 P.2d 795 (1993). A plaintiff may establish malice “by indirect evidence from which the jury may draw inferences.” Taylor v. Superior Court, 24 Cal.3d 890, 894, 157 Cal.Rptr. 693, 598 P.2d 854 (1979).
If a plaintiff is able to establish intentional discriminatory conduct, that plaintiff “would by definition have satisfied the requirement for showing the ‘reckless indifference’ required for an award of punitive damages.” Stender v. Lucky Stores, Inc., 803 F.Supp. 259, 324 (N.D.Cal.1992); see also Lucid v. City & Cnty. of San Francisco, 774 F.Supp. 1234, 1240 (N.D.Cal.1991) (refusing to grant defense motion regarding punitive damages in First Amendment case where plaintiffs contended defendants harassed plaintiffs and threatened plaintiffs with termination). Evidence of retaliation can satisfy the standard. Hemmings, 285 F.3d at 1199 (punitive damages award withstood challenge where defendants excluded plaintiffs from decision making process and harassed plaintiffs after they filed a discrimination complaint); Passantino v. Johnson & Johnson Consumer Prods., Inc., 212 F.3d 493, 514-16 (9th Cir.2000) (evidence of retaliation was “unquestionably sufficient” to satisfy the “malice or reckless indifference” standard for punitive damages under Title VII).
Because Plaintiffs retaliation claim survives and evidence of retaliation is sufficient to satisfy the malice or reckless indifference standard for punitive damages, Plaintiffs prayer for punitive damages presents a question of fact for the jury.
Defendant’s request for judgment as to Plaintiffs prayer for punitive damages is DENIED as to the retaliation claim. Given that Defendant is entitled to judgment as to all other claims in the case, its motion with respect to punitive damages as to these claims is DENIED as moot.
V. CONCLUSION AND ORDER.
Defendant’s motion for summary judgment is GRANTED IN PART AND DENIED IN PART. Defendant’s motion is DENIED as to Plaintiffs retaliation claims under Title VII and FEHA and as to Plaintiffs prayer for punitive damages as to that claim only. Defendant’s motion is GRANTED in all other respects.
SO ORDERED
. It is not this Court's practice to rule on evidentiary matters individually in the context of summary judgment, unless otherwise noted. Objections that are material and meritorious have been sustained. See Capitol Records, LLC v. BlueBeat, Inc., 765 F.Supp.2d 1198, 1200 n. 1 (C.D.Cal.2010) (noting that it is often unnecessary and impractical for a court to methodically scrutinize and give a full analysis of each evidentiary objection on a motion for summary judgment); Burch v. Re
gents of the Univ. of Cal., 433 F.Supp.2d 1110, 1118-22 (E.D.Cal.2006) (same).
. The Court admonishes the parties for their sloppy and often entirely inadequate citation to record evidence in the pleadings. Both parties’ memoranda frequently cite directly to exhibits and depositions only, without making reference to their statements of fact. This makes it exceedingly difficult for the Court to cross-reference factual material against the statements of fact and responses in order to determine whether disputes exist. In many instances, Defendant’s citations to their own statement of fact are inaccurate, and Defendant’s reply is almost entirely lacking in citations to the record. This shows direct disrespect for the Court’s time constraints and will not again be tolerated in subsequent dealings in this Court.
. Plaintiff also presents the declaration of Mark Craytor, who states that Plaintiff and Ms. Salamanca worked together “at times” during 2010 and 2011. Defendant objects to this evidence on the ground that Craytor lacks personal knowledge of these facts. The Court declines to rule on this objection. Craytor’s evidence is totally superfluous for purposes of summary judgment, as Plaintiff himself has testified that he worked with Ms. Salamanca on the same machine for an entire shift "many times.” Ortiz Depo. at 46:21-24.
. Although Plaintiff initially complained of this harassment on November 29, 2011, Plaintiff and Ms. Salamanca were not interviewed about the matter until February 14, 2011. PX 6 (GP 501-506). GP points out that Ms. Salamanca was on leave from the time of Plaintiff’s complaint until shortly before her interview in February. Suppl. Cormier Decl., Doc. 49, ¶ 7. GP delayed completion of their investigation until her return. PX 6 (GP 501-506).
. Plaintiff testified at his deposition that he did tell Ms. Cormier and Todd Wells, Plaintiff’s direct supervisor, that Ms. Salamanca would “bend[] over in front of [Plaintiff] and rub[] her buttocks against [his] genitals,” but he could not recall when he relayed this accusation to them. See Ortiz Depo. at 54: 6-16.
. Plaintiff made other complaints of retaliatory conduct in his second EEOC complaint, but these have not been raised on summary judgment.
. Any holding from this state law case concerning procedures to be applied to the summary judgment process is inapplicable here. Under the Erie doctrine, federal law governs the procedural aspects of summary judgment in a diversity case, Caesar Electronics Inc. v. Andrews, 905 F.2d 287, 289 n. 3 (9th Cir.1990), a doctrine that has been extended to cases in which a federal court exercises supplemental jurisdiction over a state law claims, see In re Exxon Valdez, 484 F.3d 1098, 1100 (9th Cir.2007).
. Defendant maintains that while Plaintiff had more than ten years of experience at the time of his LOTO violation, this other individual was not properly trained at the time the other violation occurred, making discipline inappropriate. See Doc 47 at 3; PX 6 at GP 493.
. The Court has been unable to identify Troy’s full name from the present record. Accordingly, he will be referenced simply as "Troy” herein.
. Defendant objects to the portions of Plaintiff’s deposition in which Plaintiff describes these and other statements GP managers made to Plaintiff. Defendant objects that Plaintiff's testimony about these statements is inadmissible hearsay because "Plaintiff’s testimony about what he said to GP managers, and the managers’ statement[s] in response, are out of court statements offered to prove the truth of the matter[s] asserted.” Doc. 48 at 8. This is incorrect. Plaintiff offers these statements not to prove their truth (e.g., that what Plaintiff alleged actually could not be sexual harassment). Rather, he offers these statements to prove that these statements were made and to demonstrate that GP’s claimed rationale for disciplining him was a pretext for discrimination. This testimony is not barred by the hearsay rule. Bergene v. Salt River Project Agr. Imp. & Power Dist., 272 F.3d 1136, 1142 (9th Cir.2001) (reversing as abuse of discretion district court’s exclusion as hearsay of manager's threat to plaintiff that plaintiff would not get promotion if she held out for too much money in negotiations because statement was not offered to prove discriminatory intent, not to prove that plaintiff actually would not get the promotion); Calmat Co. v. United States Dept. of Labor, 364 F.3d 1117, 1124 (9th Cir.2004) (testimony about racial slurs said to the witness is not hearsay because it is offered as evidence that racially-offensive speech occurred at the workplace). Moreover, even if these statements were hearsay, they would nevertheless be admissible under Federal Rule of Evidence 801(d)(2)(D), because they are offered against a party, GP, and were made by GP's employee within the scope of the employee-employer relationship.
. Plaintiff does argue that Todd Wells instructed him to commit the LOTO violation. See Pltf's Response to DSUF # 24. While this assertion may be relevant to the pretext analysis, GP has articulated a legitimate, non-discriminatory reason for the suspension.
. This evidence comes in the form of Ms. Cormier’s notes reflecting information provided to her by others. Even if, arguendo, this evidence is hearsay, Plaintiff failed to raise any such objection. For purposes of summary judgment, a court must consider evidence, even if it is hearsay, where the opposing party failed to object. Skillsky v. Lucky Stores, Inc., 893 F.2d 1088, 1094 (9th Cir.1990); see also Orlando v. Hotel Employees & Rest. Employees Int’l Union Welfare Fund, 46 F.3d 1143 (9th Cir.1995) (hearsay objection may be waived).
. Plaintiff also presents some evidence that various individuals, possibly including managers, laughed at him on various occasions, but Plaintiff fails to demonstrate how any of these instances of laughter indicate intent to discriminate against him because he is a male.
. It is possible that these are mistaken references to 42 U.S.C. § 1981a, which is relevant in this case.
. Plaintiff suggests GP should have known of Ms. Salamanca’s harassing conduct because “cameras at GP exist-to confirm these incidents.” Doc. 43 at 17. But, Plaintiff has presented no evidence that any such incidents were ever observed on GP cameras. Likewise, asserts that GP should have known about Ms. Salamanca’s conduct because Mr. Brasher, Safety Manager, walks around the plant regularly as part of his duties. Id. at 2. Yet Plaintiff, who could have deposed Mr. Brasher, presents no evidence that he actually did observe such conduct. See Burrell v. Star Nursery, Inc., 170 F.3d 951, 954 (9th Cir.1999) (plaintiff raised no dispute as to whether management knew or should have known of alleged sexual harassment where there was no evidence anyone witnessed the incidents and the conduct was not reported).
. This burden is reversed when the harassment is perpetrated by a supervisor. Swinton, 270 F.3d at 803-804, 820 (9th Cir.2001).
. Cormier Decl. ¶ 25; PX 3. As described above, Mr. Macias states: he “heard [his] co-workers speak about Maria Salamanca in an explicit, sexual manner;” he “observed Tim Juarez and Maria Salamanca touch each other in a sexual manner;” and he "observed that Maria Salamanca and other co-workers [] would engage in highly sexualized conversations during business hours.” PX 3. These statements did not put GP on no'tice that Ms. Salamanca might be engaging in inappropriate conduct directed at Plaintiff, nor that she might be sexually harassing any other employee.
| CASELAW |
Wikipedia:Articles for deletion/Impulse Jee
The result was delete. Tone 19:51, 18 April 2020 (UTC)
Impulse Jee
* – ( View AfD View log Stats )
Non-notable cram school. Sources are all primary or directory listings; no substantial, independent coverage. Promotional as written, and references do not exist that could allow a non-promotional article to be built. (PROD declined without explanation.) XOR'easter (talk) 19:32, 11 April 2020 (UTC)
* Note: This discussion has been included in the list of Schools-related deletion discussions. XOR'easter (talk) 19:32, 11 April 2020 (UTC)
* Note: This discussion has been included in the list of India-related deletion discussions. Shellwood (talk) 19:35, 11 April 2020 (UTC)
* Note: This discussion has been included in the list of Science-related deletion discussions. XOR'easter (talk) 19:37, 11 April 2020 (UTC)
* Note: This discussion has been included in the list of Education-related deletion discussions. Shellwood (talk) 19:37, 11 April 2020 (UTC)
* I agree with the nominator that this article should be deleted. Sources in article are poor, and searching I can't find better ones.--Hippeus (talk) 10:22, 12 April 2020 (UTC)
* Delete per nom. I could not also find other news articles about the school. LSGH (talk) (contributions) 15:28, 12 April 2020 (UTC)
* Delete per WP:MILL and WP:GNG. This is a cram school with three branches. Bearian (talk) 17:51, 16 April 2020 (UTC)
| WIKI |
Health Benefits of Spending Time in Nature During Recovery
The natural world is pure and healing. A crisp autumn morning, a hike through the mountains, watching the waves crash against the sand, and starry skies are just some of the natural scenes that evoke powerful emotions within us and will always leave you wanting more.
Nature therapy greatly benefits the recovery process, helping patients recover from addiction. Spending time in nature can also help you stay sober and healthy.
The Benefits of Spending Time in Nature for Addiction Recovery
According to Haven House Recovery, a center for addiction recovery in Clarksville, spending time outdoors while recovering from an addiction benefits you in many ways, such as:
1. It increases vitamin D productio
Spending time outdoors, especially during the early morning, is one of the best ways to get vitamin D into your body. The sun’s ultraviolet light reacts with the cholesterol in skin cells, providing the energy your body needs to produce vitamin D.
Long-term substance abuse can have devastating effects on your physical health. Vitamin D helps you maintain a strong immune system and prevent diseases like diabetes and heart disease.
Some people experience seasonal affective disorder (SAD) during addiction recovery, mostly during winter, due to the lack of sunlight exposure. Spending time outdoors helps reduce your chances of experiencing it.
2. It helps you manage stress, anxiety, and depression
Outdoor activities in nature are one of the best ways to escape the stresses of daily life. Relaxing views and the soothing sounds of nature are proven to be beneficial in managing anxiety, stress, and depression.
The body responds to stress differently in nature than it does when it is indoors. It experiences a decrease in the stress hormone cortisol and an increase in endorphins, hormones that promote happiness.
Recovering from an addiction is difficult, and feeling stressed or depressed increases your chances of relapsing. Spend time in nature to maintain good mental health and long-term sobriety
3. It encourages you to move and exercise
Addiction recovery can lead to a more sedentary lifestyle, increasing your risk of developing serious health conditions such as osteoporosis and high blood pressure.
Look for treatment centers that incorporate outdoor activities connected to nature into their programs, like hiking, camping, and more. These activities encourage exercise and movement, helping you feel accomplished and healthy.
These are excellent ways to achieve long-term sobriety.
4. It helps you sleep better
Spending time indoors exposes you to more blue light from televisions, computers, or cellphones. These artificial light sources can affect your sleep quality and harm your health.
Spending time in nature reduces blue light exposure, helping you maintain your sleep cycles. This will help you recover from addiction and improve your sleeping patterns.
5. It increases energy
You’ll feel more energetic when you choose to receive treatment at addiction centers that include outdoor activities in their programs. Sunlight not only promotes Vitamin D production but also helps maintain serotonin levels.
You feel more energetic when you have higher serotonin levels after overcoming addiction. This helps you feel more excited about participating in other addiction recovery activities, reducing the risk of depression, anxiety, and relapse.
6. It enhances cognitive function
Research has shown that nature positively affects cognitive function. It improves problem-solving skills and the ability to concentrate, two of the most important aspects of addiction recovery.
You’ll have better problem-solving skills, focus, and more strength to resist temptations and stop relapses. You’re better at seeing the important things and thinking through obstacles.
7. It combats boredom
Experts believe boredom is one of the greatest threats to recovery from addiction. Boredom doesn’t just lead to relapses but also causes a ton of problems, such as anger issues, eating disorders, and mental illness.
Overcoming addiction is difficult enough; you don’t need more problems caused by boredom. Spending time in nature is a great way to avoid them.
Outdoor activities open new avenues to discover hobbies; you never know what you might discover. You might have a passion for wildlife photography, geocaching, gardening, or fishing.
8. It allows you to reflect
The best thing about spending time outdoors while recovering from addiction is that it helps you to think about your life, where it went off-track, and realize how important it is to be sober.
Introspection helps you become more self-aware and gives you self-knowledge and self-reflection. These are essential for a successful recovery and integral to ongoing personal and spiritual growth.
Key Takeaway
Spending time in nature is one of the best ways to keep recovering addicts healthy. It helps improve health by boosting vitamin D production, encouraging exercise, and promoting better sleep. It also helps improve cognitive abilities and increases energy, which helps keep recovering addicts focused on their recovery. Lastly, it helps recovering addicts achieve better mental health by preventing boredom from setting in and helping them manage depression, anxiety, and stress.
| ESSENTIALAI-STEM |
Advice 1: How to run the game on a second monitor
Many of the users who use multiple monitors for your computer at the same time, prefer a function to "Expand". Because it allows you to run the computer more operations, for example, simultaneously watch a video and work for PC. But not everyone knows how to redistribute the functions of the monitors.
How to run the game on a second monitor
Instruction
1
Before you run the game on the second monitor, make sure it is connected to the digital link, if available. This will allow us to achieve higher image quality.
2
The only possible solution to run the game on the second monitor – to make it basic. For this there are two methods: manual and software. If you chose the first option, turn off the computer. Disable the first monitor, and run the operating system. The OS will automatically assign the only connected monitor (in this case, the second display priority, core. Now plug in the second monitor, open display properties and select "extend". When you start the game it will automatically be displayed on the second monitor.
How to start <strong>game</strong> <b>second</b> <em>monitor</em>
3
If you like the software method, then immediately after turning on the PC, open the settings screen. Select the second monitor on which you want to start the gameand enable the "make this main display". Now, when you enable "expand", a second screen will, by default, be a major that will allow you to run it.
How to start <strong>game</strong> <b>second</b> <em>monitor</em>
Advice 2: How to run a second OS
If you install multiple operating systems, it is important to configure the startup options. Usually you want to display all available systems in a separate menu after turning on the computer.
How to run a second OS
Instruction
1
One of the most popular problems is the inability to run Windows Seven after you install Windows XP. It is because the boot sector of the "Sevens" located on a separate local disk. Use the command line to rectify this fault.
2
Download Windows XP operating system. Insert the drive disk with the files "Seven". Click on "My computer" and see which letter was assigned to the DVD drive with the right disk.
3
Now press Win and R. Wait for the start menu "Run". Type cmd and press Enter. Wait until the console opens Windows.
4
Enter the command F: and press Enter. In this case, F is the drive letter of the DVD drive. Type boot cd to navigate to the specified folder. Now run the program fixes the boot sector. To do this, enter the command bootsect.exe /nt60 all and press Enter.
5
If you restart the computer will automatically log on to Windows Seven. To create a OS selection menu, go to the command prompt D drive on which you installed "Seven".
6
Type cd windows\system32 to navigate to the content desired directory. Now alternately enter the desired commands, separating them by pressing the Enter key:
bсdedit /create {ntldr} /d "Win XP"
bсdedit /set {ntldr} description "Win XP"
bсdedit /set {ntldr} device pаrtition=:
bcdedit /set {ntldr} path \ntldr
bcdеdit /displayоrder {ntldr} /addlast.
7
After executing the algorithm, restart the computer. After some time, open the selection menu of the operating system. Highlight the desired OS and press Enter.
8
If you rebooted the computer after restoring the Windows boot loader Seven, when working with the console enter the command bcdеdit /set {ntldr} devicе partitiоn=\Device\HarddiskVolume1 instead of a string bcdtdit /set {ntldr} device pаrtition=C:.
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User:Rebeccakelechi/sandbox
Chinonye is a Nigerian British Singer-songwriter Actress and a show Host.
Full Name Chinonye Tehila
Born on October 20th | WIKI |
Page:Notes and Queries - Series 11 - Volume 10.djvu/509
11 S. X. DEC. -26, 1914.1
NOTES AND QUERIES.
503
p -icrvac'ons as herew"' Wee send you: Wherein Wee are mor p'ticuler both in the afirmatiue and (! Xegatiue, To the End, yt as, on the one Side, \\V<> would haue nothing passe vs to remain vpon Record, (w ch either for the Forme might not become vs, or for the Substance might Crosse our many Proclamations pursued w th so good success) for buyldings on the other Side might giue them cause to ymportune vs after they had ben at Charges, To which End, Wee wish that you call them before you, and let them knowe our Pleasure and Resoluc'on therein, Giuen vnder our Signett at our Honour of Hampton Court the 29 th of September in the 18 th yeare of our Raigne of Great Britaine FFrance <fc Ireland.
G. E. P. A.
THE LITERARY FRAUDS OF HENRY WALKER THE IRONMONGER.
(See ante, pp. 441, 462, 483.)
8. " A MOTION PROPOUNDED .... FOR RE- DRESSE OF THE PUBLIQTJE GRIEVANCES. BY NEH LAWKERRY."
" LAWKERRY, NEHEMIAH," has attained the dignity of a separate entry in the British Museum and Thomason Catalogues, and this tract is entered to him. Neh (not Xehemiah) Lawkerry is simply an anagram of Henry Walker, and this conclusion is rendered certain by the fact that Ibbit- son, a printer, was the publisher of. this tract. Everything published (i.e., sold) by Ibbitson from 1648 to the Restoration, except in the rare case of an express state- ment to the contrary, was written or edited by Henry Walker. This fact affects many hundreds of tracts, for Ibbitson was the publisher of Walker's news-books (Perfect Occurrences and Several or Perfect Pro- ceedings), as well as of the numerous " relations " issued in connexion with them. The full title runs :
15 Jan., 1648. " A Motion propounded to the Committee of Parliament, for redresse of the publique grievances of the Kingdome. Desired to be taken into consideration before they present their reports to the House of Commons. For satisfaction of the Kingdome and setting the people in their just rights by a flrme and lasting peace. By Xeh Lawkerry. Janua. 15, 1647 [i.e., 1648]. Imprimatur Gilbert Mabbott. Printed nt London by Robert Ibbitson, neere the Queens Head Tavern. 1648."
9. THE ARMY'S 'Booic OF DECLARATIONS,'
1647.
This book is continually cited by Lilburne and other controversialists of the times, none of whom was aware (for reasons which will appear later on) who was its editor. The book contains 164 pages, with numerous
historical documents of very great import- ance, and, since it is handy for reference, it is highly important to point out that its authority is questionable, having regard to its editor's character and career.
The Historical Manuscripts Commission's Sixth Report, Appendix, p. 197 (' Calendar of the MSS. of the House of Lords '), con- tains the following summary :
"Sept. 27 (16 17). Petition of Henry Walker and Matthew Simmons. They have been at great charges in printing the papers from the Army of their declarations and desires, in one volume- They pray for an order for the publication thereof and that no one else shall reprint it. L. J. ix. 450."
In the ' Journals ' of the House of Lords (vol. ix. p. 450) there is the following order under the date of 27 Sept., 1647 :
" Ordered that Henry Walker and Mathew [Simmons omitted], having been at great charges in printing all the papers of the Army, in one volume, shall have the sole printing of them for one whole year from the date hereof, and none shall reprint the same during that time."
Simmons, of course, was the printer only. He is well known, and later on printed for Milton.
According to Thomason's note on his- copy, the ' Book of Declarations ' itself appeared on 2 Oct.. 1647. The British Museum press-mark for it is E. 409. (25.). An illustration of Fairfax and his officers sitting in council is prefixed, and the title- page runs as follows :
" A Declaration of the Engagements, Remon- strances, Representations, Proposals, Desires and Resolutions from his Excellency Sir Thomas Fairfax and the generall cpuncell of the Army. For setting of his Majesty in his just rights, the Parliament in their just privileges and the subjects in their liberties and freedomes. With papers of Overtures of the Army with the King's Majesty, the Parliament, the Citie and with the souldiery among themselves. Also Representations of the grievances of the kingdome and remedies pro- pounded for the removing the present pressures whereby the subjects are burthened. And the Resolutions of the Army for the establishment of a firme and lasting peace in Church and King- dome.
" Die Lunae 27 Septembris, 1647. Whereas Math. Simmons hath beene at great charges in printing the Declarations and Papers from the Army, in one Volume. It is ordered by the Lords in Parliament assembled that the said Math. Simmons shall have the printing and pub- lishing thereof for the space of one whole yeare from (lie date hereof. And that none other shall reprint the same during that time. John Brown, Cler. Parliamentorum. London. Printed by Matthew Simmons in Aldersgate Street. 1647."
It will be noticed that in this printed copy of the order Henry Walker's name is omitted, though it appears both in the petition and | WIKI |
Congress appears to give up on ending shutdown
The 115th Congress essentially gave up on trying to reopen the government on Thursday, with both the Senate and House closing out the session just minutes after opening it, and leaving the political crisis for the next Congress to solve. The House session ended in a bout of shouting as Democrats tried to get the chamber to pass a bill funding the government — but not President Donald Trump's border wall. The Senate session consisted of Sen. Pat Roberts (R-Kan.) setting up next week's schedule and asking an empty room whether anyone objected. And the White House, for its part, blasted out a new statement attacking Democrats over their opposition to the border wall. The effort seemed to reflect a lack of enthusiasm among members to end an almost week-long shutdown affecting a quarter of the government, with not even congressional leaders nor the party faithful trying to pin the blame on the other side. The impasse seems almost certain to continue until Jan. 3, when House Minority Leader Nancy Pelosi (D-Calif.) ascends to the role of speaker under a new Democratic majority. Until then, Republicans have only a slim hope that Senate Minority Leader Chuck Schumer (D-N.Y.) can consummate a deal with Trump or Vice President Mike Pence, with negotiations going almost totally silent. "We have not been able to reach agreement," said Roberts, the only senator in town on Thursday as well as on Christmas Eve. "I hope that we can come up with something that can get this solved. That resides squarely with my good friend Chuck Schumer and the leadership here to present the president with a number he can agree with." Party leaders are now gaming out how the new Democratic House will react to the shutdown and there are increasing worries that the funding lapse will persist for weeks, potentially deep into January. On MSNBC, outgoing Rep. Ryan Costello (R-Pa.) said plainly: “I don't see a scenario where the government opens back up until a new Congress is sworn in." In theory, Senate Majority Leader Mitch McConnell (R-Ky.) and House Speaker Paul Ryan (R-Wis.) could call Congress into session before Pelosi takes over. But those hopes have just about run out, so some lawmakers are taking things into their own hands. Rep. Jim McGovern (D-Mass.), the incoming House Rules Committee Chairman, tried to bring up a bill reopening the government on the House floor Thursday afternoon. But Republicans gaveled the Massachusetts Democrat down as he yelled to an empty gallery, “Mr. speaker 800,000 federal employees don’t know whether they will get paid! Mr. Speaker!” “Vital departments of our government are in limbo because of this manufactured government, and I couldn’t even get recognized!” McGovern said afterwards. He later added: “The American people understand that this is an urgent matter, the only people who don’t seem to be in any hurry are the Republican leadership and the president. It’s just ridiculous.” Drew Hammill, a spokesman for Pelosi, said: "Democrats will act swiftly to end the Trump Shutdown" after taking over the House. He added that they will not support Trump's "immoral, ineffective and expensive wall." Hammill's statement followed a stern statement from White House press secretary Sarah Sanders, who dinged Democrats for not returning Pence's offers that would have included roughly more money for fencing than the Democrats' $1.3 billion stance. "The only rational conclusion is that the Democrat party is openly choosing to keep our government closed to protect illegal immigrants rather than the American people. The president does not want the government to remain shut down, but he will not sign a proposal that does not first prioritize our county’s safety and security," Sanders said. There's been little discussion between the White House and Democrats in recent days, according to people in both parties, and the two sides appear more entrenched than they were a week ago. “The president continues to push proposals to fund the ineffective and expensive wall, which he knows can’t pass the Senate,” said Justin Goodman, a spokesman for Schumer. “For the White House to try and blame anyone but the president for this shutdown doesn’t pass the laugh test.” He added that the two sides are still “very far” away from a compromise. Trump arrived back in the United States on Thursday after a surprise post-Christmas visit to American troops in Iraq and Germany and was pleased by the news coverage of his trip, which temporarily displaced shutdown headlines, according to a White House official. After a Twitter respite during his 36 hours abroad, he was back at it Thursday, accusing the Democrats of abandoning their base and asserting in tweet that most of the federal workers affected during the shutdown are Democrats. "Democrat’s say they don’t want the Wall (even though they know it is really needed), and they don’t want ICE. They don’t have much to campaign on, do they? An Open Southern Border and the large scale crime that comes with such stupidity!" Trump added on Thursday afternoon. Republicans said they've heard nothing new about a potential resolution from Schumer, whose Democratic minority can block any funding bill with a filibuster. Schumer had been negotiating with Vice President Mike Pence last weekend, to no avail. The Senate will only vote on a funding bill once there is agreement with the House to pass a bill and a commitment from the president to sign it. "Not much is happening in Washington," conceded Sen. Bill Cassidy (R-La.) on Fox News. Compared with the last extended shutdown in 2013, this episode is remarkably low-key. The closure covers only a quarter of the government, and it's hitting during the holidays, when many federal workers and lawmakers are off of work. What's more, members of Congress are doing comparatively little messaging compared to the impasse of five years ago, when conservatives tried to defund Obamacare and eventually GOP leaders blinked. There have been almost no press conferences in recent days aimed at pinning the blame on the opposition, which could be in vain anyway since Trump said he'd be "proud" to own the shutdown (before subsequently trying to pin it on Democrats). In the void of traditional congressional partisan messaging, including Republican leaders who might moderate the president's tone, Trump has continued his offensive — and he has been egged on by supporters who encouraged him to shut down the government in the first place. On his radio show on Monday, Rush Limbaugh urged the president hold his ground until Democrats take control of the House in early January: "I want the president to hold firm on this, this shutdown is one that the Democrats own." Limbaugh played a key role in convincing Trump to shut down the government over the border wall, expressing disappointment that the president was at one point prepared to sign a continuing resolution to fund the government through early February. Trump eventually sent him a personal assurance that he would not yield in his demands and was willing to shut down the government over them. Now there is almost no incentive for Democrats to compromise right now in the final days of unified GOP rule. Their hand will strengthen considerably when Pelosi becomes speaker, and she can send over funding bills shorting the border wall and see how McConnell deals with it. Rebecca Morin and Eli Okun contributed to this report. | NEWS-MULTISOURCE |
Wesley College (Manitoba)
Wesley College was a college that existed in Winnipeg, Manitoba, Canada, from 1888 to 1938. In 1924, Wesley College became part of the United Church of Canada. It was one of the University of Winnipeg's founding colleges.
History
Wesley College was established in Winnipeg, Manitoba, in 1888 by George Young, a Methodist minister. The college was named for John Wesley, one of the founders of Methodism. Wesley College was originally affiliated with the University of Manitoba.
The first year of its program was taught to seven students in the premises of Grace Church. The first instructor and principal was J. W. Sparling. In 1895, construction of Wesley Hall, designed by George Brown and S. Frank Peters and located on Portage Avenue in Winnipeg, was completed. The building was officially opened on June 3, 1896. In 1912, an annex containing classrooms and a dormitory, designed by architect John Hamilton Gordon Russell, was built. This was later named Sparling Hall in honour of J. W. Sparling. Until the 1960s, this annex served as a women's residence.
By the first decade of the 20th century, Wesley College became an important source of social gospel in Canada.
In 1913, Wesley College entered into an experimental partnership with Manitoba College called the United Colleges. After the colleges returned to being independent in 1914, Wesley College continued to teach both arts and theology independently of the University of Manitoba. In 1917, J. H. Riddell became president of Wesley College.
In 1931, Manitoba College sold its building to the Roman Catholic Church and the building became St. Paul's College. At this time, Manitoba College joined with Wesley College in the teaching of Theology. In 1938, Manitoba College formally joined with Wesley College, both part of the United Church of Canada since 1924, to form United College, which eventually received its own independent charter in 1967 as the University of Winnipeg.
In 2001, Wesley Hall was formally recognized as a historic place by the Canadian Registry of Historic Places. The archival records of Wesley College are housed in the University of Winnipeg Archives.
Notable alumni
* James O. Argue
* James Endicott
* Salome Halldorson
* Robert Hoey
* William Ivens
* Walter McDonald
* Claude C. Robinson, Canadian ice hockey and sports executive
* Ivan Schultz
* Cornelius Wiebe
* Herbert Wright
* J.S. Woodsworth
Histories
* Friesen, Gerald. "Principal J. H. Riddell: The Sane and Safe Leader of Wesley College." In Prairie Spirit: Perspectives on the Heritage of the United Church of Canada in the West, edited by Dennis L. Butcher, et al. Winnipeg: University of Manitoba Press, 1985. | WIKI |
Phred
Phred may refer to:
* Phred (software), a computer program used in molecular biology
* Phred quality score, a term used in molecular biology
* Phred (Doonesbury), a character from the comic strip Doonesbury
* Phred on Your Head Show, a children's television show
* The URL with Phred Show, a spin-off of the above | WIKI |
Irish lawmakers pass bill allowing abortion following landmark voter repeal | TheHill
Lawmakers in Ireland late Wednesday overwhelmingly voted to pass a bill introducing free and legal abortion in the Catholic nation, a move that comes months after citizens voted to repeal a constitutional ban. Politicians in Ireland’s lower house of Parliament debated for hours before approving the measure just before midnight on Wednesday by a vote of 90-15 with 12 abstentions, The New York Times reported. The bill moved to the upper house on Thursday and Ivana Bacik, a Labour Party lawmaker, told the newspaper that she expects it to pass. The measure would allow a woman to seek an abortion for any reason until the 12th week of her pregnancy. The procedure can be performed later in the pregnancy if there is a case of fatal fetal abnormality or a health risk to the mother’s life. The bill requires a pregnant woman to consult with a doctor first and wait a mandatory three days before having an abortion after 12 weeks. Irish Health Minister Simon Harris praised the passage of the bill in the lower house on Twitter, saying women will no longer have to travel out of the country to terminate a pregnancy. “The people have spoken. Care and compassion in our own country,” Harris wrote. Tonight Dáil Éireann has passed legislation to legalise abortion in Ireland. On to the Seanad now. I think of all the women who have had to travel to receive care - we say, no more. The people have spoken. Care and compassion in our own country The bill comes roughly seven months after Irish voters overwhelming voted to repeal the eighth amendment of the Irish constitution — considered to be one of the world’s most restrictive bans on abortion. The amendment was originally approved by 67 percent of voters in 1983 when the Roman Catholic Church was a social and political powerhouse in the country. Sixty-seven percent of the nation voted to reject the amendment in 2018, while just 33 percent voted to preserve it. Irish President Michael Higgins signed the referendum into law in September, officially reversing the constitutional ban. The move from the Irish government comes just three years after the nation voted to legalize same-sex marriage. View the discussion thread. The Hill 1625 K Street, NW Suite 900 Washington DC 20006 | 202-628-8500 tel | 202-628-8503 fax The contents of this site are ©2019 Capitol Hill Publishing Corp., a subsidiary of News Communications, Inc. | NEWS-MULTISOURCE |
Feels Like We Only Go Backwards
"Feels Like We Only Go Backwards" is a song by Australian psychedelic rock band Tame Impala. It is the seventh track on their 2012 album Lonerism, and was released as its second single on 1 October 2012. The single features artwork from Australian artist Leif Podhajsky, who also created the artwork for their first album, Innerspeaker. In an interview with Rick Rubin on the podcast Broken Record, Kevin Parker said he wrote "Feels Like We Only Go Backwards" after being inspired by "Walk in the Park" by Beach House.
At the 2013 West Australian Music Industry Awards, the song won Single of the Year.
Music video
The music video was directed by Joseph Pelling and Becky Sloan, best known as creators of Don't Hug Me I'm Scared web series. The music video consists of psychedelic clay animation.
Critical reception
The song was voted on many year end best of lists in 2012. Pitchfork named it the 7th best song of 2012, and said of the track; "it will blow your brain back to its most purely joyous and least cynical recesses." The same website also ranked it #192 on their list of the 200 best songs of the 2010s. It placed ninth on the Triple J Hottest 100 of 2012.
Usage in media
"Feels Like We Only Go Backwards" was used in the promotion of Via X's Chilean TV program Moov.
The Irish sports podcast Second Captains used the song as the theme music for its 2014 FIFA World Cup coverage.
The collaboration version of the song (with Kendrick Lamar) was featured in the movie Divergent.
The song was used in the Netflix show The Imperfects.
The song plays over the credits of the film Shimmer_Lake, which features a narrative told in reverse. | WIKI |
Talk:Metaphysical necessity
May 2011: I clarified the "necessary simpliciter" passage. A reader could easily get the impression that metaphysically necessary statements are necessary in all other senses as well--but this is false. I clarified this by briefly discussing the statement "God exists," which is often taken to be an example of something that's supposed to be logically contingent but metaphysically necessary.
Also removed the passage about modal logic, since it implies that the metaphysically necessary is just what's true at all possible worlds. That's incorrect--statements can be metaphysically necessary while being false at some possible worlds. "True at all possible worlds" is more like logical necessity, not metaphysical necessity.
I supplied a linke to a Philosophy Now page on metaphysical necessity, though I'd prefer to have found a better cite. The linked page is not well written and doesn't explain fully enough. —Preceding unsigned comment added by <IP_ADDRESS> (talk) 19:49, 2 May 2011 (UTC)
In my opinion, the definition given was completely opaque and inaccurate.Stud.schmidt (talk) 13:01, 7 May 2008 (UTC)
This article was absolutely terrible, and gave completely wrong definitions. I've tidied it up a bit, although there's still loads that needs to be done. —Preceding unsigned comment added by <IP_ADDRESS> (talk) 17:58, 31 August 2008 (UTC)
This article needs a proper intro. It needs to start by saying "Metaphysical necessity is ...". I'm not familiar with the subject so I will leave that to others. (I came here by hitting the Random Article button).Scwlong (talk) 21:15, 19 September 2008 (UTC)
Simpliciter not common word
I recommend replacing simpliciter with simply, at every occurrence in document to promote readability. This may distort the meaning slightly, so I leave this as a recommendation. <IP_ADDRESS> (talk) 18:40, 4 June 2010 (UTC)
Deletion
"Essay" is certainly a reason for an article to be restructured, but definitely not to be deleted. Found it for me (as a non-philosopher) very helpful. --Sterling (talk) 05:09, 6 October 2011 (UTC) | WIKI |
Market will go 'screaming higher,' rallying for a year: Tom McClellan
The market correction that technical analyst Tom McClellan has been calling for has happened — and now stocks are set to roar higher, he told CNBC on Monday. "We got the bottom in June that I had been expecting but it really only showed up in the tech stocks," the editor of the McClellan Market Report said in an interview with "Closing Bell. " He thinks the rally is going to last until sometime next year. "We're still in an uptrend. We're still seeing positive breadth numbers that are really strong, which is a sign that liquidity is strong. The market might have lots of other problems but if liquidity is strong the market can get through the other problems really well," McClelllan noted. U.S. stocks ended higher Monday, with the Dow Jones industrial average hitting an intraday record before giving back some of those gains and closing up 130 points. McClellan believes the market sent a big signal on Thursday when the CBOE Volatility Index (VIX), considered the best gauge of fear in the market, spiked from the 10s all the way up to 15. "When you have a big range day like that for the VIX it's a huge tell that there's just this emotional washout," he explained. In fact, the average daily range was 47 percent, he said. That's the highest since the day after the election, and stocks went "screaming higher" after that, McClellan said. "I'm expecting the same thing this time and I'm thinking the positive seasonality of July is going to be a big factor in that also." He predicts the top will come in mid-2018. "Late 2018 is going to start some ugliness that's going to last into 2019 and it's going to remind everybody of 2008," he said. "Don't worry about that yet. We've got a year to go. But we are starting to see the signs that the market is going to crack." One big warning sign is the fact that the record-high spread between the 10-year Treasury and the is starting to narrow, he said. The peak in that spread usually occurs about a year ahead of a stock market peak, McClellan explained. — CNBC's Fred Imbert contributed to this report. Disclaimer | NEWS-MULTISOURCE |
Template:Cc-by-nc-sa-2.5
Cc-by-nc-sa-2.5 Creative Commons Attribution NonCommercial ShareAlike 2.5 Generic http:// creativecommons.org/licenses/by-nc-sa/2.5/ true true
* This tag is informational only
* Fair use as-assumed by this template does not permit use of media from competing news agencies. | WIKI |
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had broken off the battle of Przemysl and the San in the night. Once more Kusmanek was confronted with the same tasks as in September. Shortly before the retreat of the field armies the fortress had been reinforced by the 8sth Landwehr Bde. and a company of airmen. The strength of the garrison was approxi- mately the same as at the beginning of the first investment. In order to extend the fortress's sphere of action, and to force the Russians to keep their line of investment at a greater distance from the actual ring of forts, at the same time obliging them to use more forces for the occupation of the longer line, Kusmanek had new foreground positions laid out. These formed a curve beginning at the Na Gorach height, and, passing 2-3 km. in front of the western ring of forts, came out S.E. of Krasiczyn at the old foreground position. From Helicha this position was extended to the S. of the fortress through Zlota Gora up to the Siedliska group. This measure secured a double advantage: it placed another obstacle in the way of the attacker, who would have to surmount it before he could assault the ring of forts; and the works would suffer far less from the bombardment, as the siege artillery would be forced to remain farther away from the for- tress. On the pth the investment of the fortress was completed for the second time. The Grand Duke Nicholas had selected the Russian XI. Army under Gen. Selivanov for the siege. This army, consisting of about four infantry and one to two cavalry divisions, had barely half the forces used in the first siege under Radko Dimitriev. This circumstance, and the comparatively small activity shown by the Russians at the beginning of the second siege, pointed to the conclusion that Selivanov was less concerned with a rapid seizure of Przemysl than with the idea of a regular siege, in which he would effect a saving of men on his own side while exploiting the scarcity of food supplies in the fortress, leaving the garrison to grow weak from starvation be- fore he advanced to a serious attack.' Kusmanek, on the othvr hand, displayed all the more activity. The months of Nov. and Dec. he employed in aggressive defence, and only desisted when the decimation of his forces by disease forced him to do so. In nine sorties he seized every possible opportunity of damaging the enemy, of preventing any withdrawals from his forces to the field armies; of destroying his supply trains and lines of communi- cation, and finally of bringing into the fortress any food-stuffs such as fruit and vegetables which could be collected. In Dec., when the Austro-Hungarian armies took the offensive again, these sorties gained in importance, for each important action under- taken by the fortress with the object of containing Russian forces was necessarily a great disadvantage to the Russians defeated in the battle of Limanowa-Lapanow. Above all, in the case of a successful advance by the right wing of the III. Army, the possibility of cooperation between that wing and the sortie troops was not excluded.
On Nov. 7 and 1 2 further sorties were undertaken in the di- rection of Nizankowice and Kormanice. On the I4th, following on a report by ths airmen of movements of Russian forces through Pruchnik to the W. and S.W., an assault was delivered on Rokietnica by 17 battalions and 10 batteries. For the same reason an equally powerful sortie was made from the S.W. front on the 2oth, the main force moving on Cisowa, and the side columns towards Krzywcza and the Szybenica h light.
In Dec. the Russians also became more active. Having let Nov. go by without doing more than prepare a more or less sys- tematic siege, they now began their attacks and turned Dec. into a month of many battles. Quite at the beginning the 82nd Inf. Div. advanced against the N. front. Kusmanek delivered a vigorous counter-blow from the area of Mackowice against the enemy's right flank and repulsed the attack. On Dec. 9 this action was followed by yet another -sortie by 19 battalions and 10 batteries from the S.W. front, with the object of preventing the departure of the Russian 8ist Inf. Div.
In the middle of Dec., when the battle of Limanowa-Lapanow had reached its height, Kusmanek received an order from the Army Higher Command to deliver a fresh assault. In the hope of being able to join hands with Krautwald's group, advancing on the right wing of Boroevic's army, Kusmanek prepared for a
great undertaking. With 23 battalions and 15 batteries, com- manded by Field-Marshal-Lt. von Tamassy, he pushed forward on the 1 5th in the direction of Bircza and Krzywcza. After four days of victorious fighting, the heights halfway between Cisowa and Bircza were captured, the enemy driven back along the whole of the S.W. front, and the road to Bircza laid open. But as Krautwald meanwhile had been forced back by the Russians, and as the hope of effecting a junction with him had become a forlorn hope on account of the great distance intervening, and as, further, a fresh violent attack had been launched against the northern foreground position, Na Gorach, Kusmanek found himself obliged to turn his attention to this latter, and to recall Tamassy on the igth to the fortress.
Once more it was the Russian 82nd Inf. Div. which advanced on Na Gorach. Portions had already penetrated the advanced positions when Kusmanck's counter-attack set in on the 2oth, and on the 2ist threw them back to the line of investment.
At the end of Dec. yet another order from the Army Higher Command led to a fresh sortie. After the battle of Limanowa- Lapanow the Russians, taking advantage of their interior lines, had opened a counter-offensive against the troops of the III. and IV. Armies which had pushed forward into West Galicia. The proposal was for a sortie to be made in a south-westerly direction, falling in with the left flank of the Russian attack on the one hand, and on the other making a second attempt to effect a junction with the III. Army's right wing, which was pushing forward towards Lisko, Sanok and Rymanow. But with the suspension of the offensive on the 28th the sortie troops were brought back.
This sortie brought the offensive activity of the garrison to a close for the time being, in consideration of their ever-increasing losses through fighting and sickness. All forces were now to be reserved for the effort on a large scale to relieve the fortress, which was planned for the middle of February.
The month of Jan. saw the beginning of a period of great self- denial and sacrifice for the garrison, in consequence .of the in- creasing scarcity of food. The commandant and his staff had in addition the difficult task of maintaining the striking power of the garrison with insufficient means, which involved exacting the maximum of service from each individual soldier in spite of his lack of nourishment. On Dec. i 1914 Kusmanek, counting upon a delay in the relief operations, had ordered the first general reduc- tion of rations for men and horses. At the end of the month the first horses were killed for the purpose of providing meat and saving fodder. Had the fortress been consuming its full rations it could not have held out beyond the end of Jan., but by the reduction of the ration and further slaughter of horses (up to 7,450), supplies were eked out until the end of March. The extension of the life of the fortress was in proportion to the estab- lishment of horses it was necessary to keep up. For the projected break-through sortie and for the absolutely essential fortress duties a minimum establishment of 4,500 had to be allowed for. By means of further reducing the ration, resorting to incredi- ble makeshifts, and sacrificing 3,500 more horses, the provis- ioning was made to last until March 24, but there was a rapid mounting-up of the sick list. By the beginning of March one-fifth of the fortress establishment had fallen. To the scarcity of food was added in the winter months that of clothing, footwear and all the other necessaries of life. The garrison had been equipped, for the most part, with summer clothing, and even this had been badly damaged in the fighting. In respect of technical and artillery supplies also, the fortress gradually lost its power of resistance. The barrels of the guns had been gradually burnt out by the excessive demands made on them, and the range of the guns declined accordingly. The stores of ammunition were also rapidly coming to an end, despite the utmost economy.
While the striking power of the fortress was suffering sensibly from all the unspeakable privations imposed by hunger, cold and want, the besiegers were gradually becoming more active. At first the Russians confined themselves to increasing the air- men's activity. Almost every day their airmen circled round the fortress, with very little hindrance' from its quite inadequate means of defence, dropping bombs on the forts and the town. In | WIKI |
Wikipedia:Articles for deletion/Boxing Bear Brewing Company
The result was delete. Jo-Jo Eumerus (talk, contributions) 07:23, 31 August 2016 (UTC)
Boxing Bear Brewing Company
* – ( View AfD View log Stats )
Trivial awards. No first place national award. The references are local papers, and therefore not sufficiently discriminating to be reliable for notability. DGG ( talk ) 23:03, 9 August 2016 (UTC)
* Note: This debate has been included in the list of Companies-related deletion discussions. Coolabahapple (talk) 10:42, 12 August 2016 (UTC)
* Note: This debate has been included in the list of New Mexico-related deletion discussions. Coolabahapple (talk) 10:42, 12 August 2016 (UTC)
* Note: This debate has been included in the list of Food and drink-related deletion discussions. North America1000 13:00, 13 August 2016 (UTC)
Relisted to generate a more thorough discussion and clearer consensus.
* Delete Local business with expected local coverage in home city. Not notable. Article created by SPA, clearly promotional. MB 21:59, 13 August 2016 (UTC)
Please add new comments below this notice. Thanks, North America1000 09:05, 16 August 2016 (UTC) Relisted to generate a more thorough discussion and clearer consensus.
Please add new comments below this notice. Thanks, — UY Scuti Talk 19:30, 23 August 2016 (UTC)
* Delete -- the awards are non-notable; the coverage is strictly local. K.e.coffman (talk) 01:38, 26 August 2016 (UTC)
* Note: This debate has been included in the list of Business-related deletion discussions. K.e.coffman (talk) 22:23, 28 August 2016 (UTC)
* Delete and the nomination is exact with shoeing these concerns, none of it escapes the areas of PR and unconvincing information and sources, there's nothing to suggest even at least convincing substance. SwisterTwister talk 23:25, 29 August 2016 (UTC)
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Bot vs human User Agent strings
by Bod (Parson)
on Feb 09, 2024 at 18:42 UTC ( [id://11157625]=perlquestion: print w/replies, xml ) Need Help??
Bod has asked for the wisdom of the Perl Monks concerning the following question:
We are wanting to supplement Google Analytics or a few reasons. Not least because we want to have site traffic information held in our own database so we can interrogate it automagically. We've created a database table to hold this data.
Within the common header method, we've added some code that sets a cookie with a max age of 2 hours or refreshes the cookie if it is already set. If the cookie isn't already there, we write a row to the database table with the entry time, entry page, etc. If the cookie exists we update the row with exit page, exit time and bump the page count.
This approach is working and it's been running for a week.
But, it is reading about 11 times higher for site traffic than Google Analytics. I'd expect some discrepancy but not that much. Looking at the visits, we are getting a quite a few with the same or very close timestamp so my best guess is that it's a client that isn't accepting the cookie - perhaps a web crawler. To check this out, I've added IP and User Agent to the database table and sure enough these have a user agent of a crawler/bot.
To solve this, I've added a condition to the line that writes the new line to the database:
$dbh->do("INSERT INTO Site_Visit SET firstVisit = NOW(), lastPage = ?, + firstPage = ?, IP = ?, userAgent = ?, orsa = ?, orta = ?, Person_idP +erson = ?", undef, $ENV{'REQUEST_URI'}, $ENV{'REQUEST_URI'}, $ENV{'REMOTE_ADDR' +}, $ENV{'HTTP_USER_AGENT'}, $cookie{'orsa'}, $data{'orta'}, $user) unless $ENV{'HTTP_USER_AGENT'} =~ /bot/i or $ENV{'HTTP_USER_AGEN +T'} =~ /facebook/i or $ENV{'HTTP_USER_AGENT'} =~ /dataprovider/i;
This seems to be working...but...the list of 'blocked' user agent strings could get quite large.
Is there a more Perlish way to write this condition?
I did think of putting them all in a database table for querying the user string against this table:
SELECT ? IN ( SELECT userAgent FROM Blocked_Users )
untested
But, that would mean having the full and exact user agent strings instead of using a regexp.
Note that I don't want to block crawlers, I just don't want them written to the site visit logs. This makes it quite difficult to Google because most articles are about blocking crawlers and bots from a website.
Replies are listed 'Best First'.
Re: Bot vs human User Agent strings
by hippo (Archbishop) on Feb 09, 2024 at 20:14 UTC
It's pretty easy if you don't use GA but instead use your own logging. You can configure the webserver only to log requests from user agents you are interested in (or conversely omit those you are not). You can do this based on a regexp, see eg. BrowserMatch for Apache.
You can use any number of these to mark the user agents as you so wish and then log only the unmarked ones. This also has the bonus effect that you will still see requests even from users (such as I) who block GA.
🦛
You can configure the webserver only to log requests from user agents you are interested in
Oh yes - I'd overlooked doing this in Apache. Thanks for the suggestion.
My first thought is that I'd still rather record the information in a DB table, as we want to be able to query it. A DB query will be much easier than parsing the Apache logs.
Sure, but once you have the data in whatever form it shouldn't be too hard to import it into the DB of your choice. Remember that you can also set Apache to log to a pipe so you could load it into a DB without going to the local filesystem in the first place. Lots of options. :-)
🦛
Re: Bot vs human User Agent strings
by InfiniteSilence (Curate) on Feb 10, 2024 at 02:17 UTC
Alternation?
#!/usr/bin/perl -w use strict; my @bad = (); my ($f, $fh, $baddies, $sql, $badregex) = ('./badactors.txt',undef, un +def, '', undef); open($fh, '<', $f) or die $!; while(<$fh>){ chomp; next if m/^$/; push @bad, $_; } close($f); $baddies = join qq{\|},@bad; $badregex = qr~$baddies~; # easy test my $junk = 'doodle bot'; if ($junk=~m/$badregex/) { print qq~\nSee....?\n~; } 1; __DATA__ $dbh->do("INSERT INTO Site_Visit SET firstVisit = NOW(), lastPage = ?, + firstPage = ?, IP = ?, userAgent = ?, orsa = ?, orta = ?, Person_idP +erson = ?", undef, $ENV{'REQUEST_URI'}, $ENV{'REQUEST_URI'}, $ENV{'REMOTE_ADDR'}, $E +NV{'HTTP_USER_AGENT'}, $cookie{'orsa'}, $data{'orta'}, $user) unless $ENV{'HTTP_USER_AGENT'} =~ /bot/i or $ENV{'HTTP_USER_AGENT' +} =~ /facebook/i or $ENV{'HTTP_USER_AGENT'} =~ /dataprovider/i; <code>
Celebrate Intellectual Diversity
Thanks...based on this solution and sleeping on it, I've implemented this solution:
open my $fh, '<', "....data/UserAgents/block.dat"; my @agent = <$fh>; close $fh; chomp @agent; my $invalid = grep { $ENV{'HTTP_USER_AGENT'} =~ /$_/i } @agent;
The solution from hippo has made me think, recall and investigate what Apache can do in this situation. However, I decided to do it this way instead of using Apache because it keeps all the logic in the method that processes the page headers. This is where the session cookie is set, so it makes sense (to me) to keep the code there as well. I feel this should be easy to maintain and easy to find.
I am a bit confused by a line in the above code:
if ($junk=~m/$badregex/) { print qq~\nSee....?\n~; }
Isn't the m operator redundant here or is it doing something subtle that I have overlooked?
Isn't the m operator redundant here
Yes, you are correct. However, it does no harm. It's not really an operator - rather it can serve to disambiguate the regex (for the compiler) in circumstances where it might not be clear. This is not one of those circumstances AFAICT.
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Receiving a diagnosis of diabetes can trigger a torrent of emotions - from nearly-numb denial to frustration, anger, and resentment, from fear and confusion to depression and feelings akin to grief. As with any medical diagnosis, it's totally natural to experience a range of feelings.
Diabetes requires a great deal of day-to-day commitment. Diabetes demands lifestyle modifications and steady, consistent discipline. And for people with the condition, so much of the required care and treatment falls into their own hands. Honestly, diabetes can be hard work. Stress, depression, and anxiety are common emotions, which can in turn make diabetes even more difficult to manage.
Managing diabetes takes up time in your day, but it shouldn't take up that much space in your mind. So, how does one stay positive in the face of such an ongoing challenge to one's physical and mental well-being?
Accept diabetes as a part of your life. Denial is common. It's normal - at first. But ignoring diabetes will only make it worse. While it may sound impossible, welcome diabetes into your life, make it a member of your family, a part of your life that you have to accept unconditionally - no matter how much you dislike it or resent it! Give your diabetes a name and get to know it and its needs and unique qualities. When you accept that you have to live with diabetes, you can get on with the business of living well with it.
Know diabetes well. Part of learning to accept your diagnosis is learning about the disease itself. Ask your physician or primary health care provider why you developed diabetes so you can understand the factors that brought it on. Get to know the potential complications and the actual risks of developing them. Sign yourself up for a diabetes education class or join a support group. Stay up-to-date on the latest research and innovations into the condition. By arming yourself with knowledge, you can disarm the feelings of panic and confusion you might feel.
Make a realistic plan. You set yourself up for disappointment if you strive for perfection. This is true in anything, but it's especially true in diabetes. You will need to have a solid plan for managing your condition - but you will also have to be flexible enough to know when some part of the plan is not working well. Work with a diabetes educator to create a realistic plan that matches your lifestyle, your personality, and your body's specific needs.
Create a contingency plan. Just like you need an everyday plan for managing diabetes, you need a plan in place in case something goes awry. Do you know what to do if your blood sugar dips too low or soars too high? What will you do if a medication causes unpleasant side effects? Where will you turn if you feel overwhelmed by the responsibility of it all? What are your options if you lose your job or need to relocate? How do you prepare for a vacation? Think ahead to anticipate potential situations that might compromise your ability to manage your diabetes, and set up a backup plan.
Have a support network in place. Even with great organization and the best backup plan, everyone needs someone to talk to now and then. Remember that you are not alone. Reach out to friends and family when you need support. Forge friendships with other people living with diabetes. Clue in your boss and co-workers on your condition so they can lend a hand or simply understand when you need a moment or a day off.
Master the numbers game. The lives of some people with diabetes can become a numbers game: blood glucose readings, A1C, carb counting, weigh-ins, blood pressure and cholesterol checks. Keep in mind that the numbers will shift and change over time, and you will have good and bad days (or weeks, or months!). Look at the numbers as measures of health factors - not as measures of your self-esteem.
Know the signs of depression. About 10% of people with diabetes experience major depression. Anxiety disorders are also more common in people with diabetes compared to people without diabetes. Teenaged and young women with type 1 diabetes are at higher risk of developing eating disorders than their peers without diabetes. Studies show that depression can lead to poor self-management habits and ultimately a higher risk of complications. Treatment of depression with psychotherapy or medications (or both) can work for people with diabetes. You may even be able to find a mental health professional who specializes in helping people living with both depression and a chronic disease. Watch for signs, including sadness, changes in appetite and sleep patterns, nervousness, and loss of energy and concentration.
Catch yourself being good. With a disease as day-to-day daunting as diabetes, it's easy to get into a negative spiral and to only notice the mistakes you make. Guilt over a skipped workout, remorse for an overindulgence, letting your numbers slip into the danger zone - seeing only the negatives can sabotage your better efforts. Turn guilt on its head and catch yourself being good! Reward yourself for small victories.
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Page:The Folk-Lore Journal Volume 4 1886.djvu/335
Rh powers; but in the Portuguese tale he is the bridegroom also, though for this purpose we are told he was disenchanted. This allusion to enchantment is a solitary one; and no explanation is offered, nor any account of how he became bewitched. May we not suppose that the enchantment is a late gloss upon the bolder animism that even yet shines through this story? The supposition would be quite reconcileable with a theory, were it broached, that the simplicity of the episode is due to the trituration of ages, and that much, or at least something, has been forgotten. Without pronouncing a definite opinion, I may observe that some colour is lent to such a suggestion by the fact that the parrot-man of The King Andrade is in The Savage King split up into four persons, namely, the Savage King himself, his son, the dove, and her master. In other stories the maiden's protector and his son are identified; and thus three persons take the place of the one in the Brazilian-Portuguese version. None of these persons are really necessary, save the bird and the bridegroom; but they have not been introduced by the peasant story-teller at random. Had that been the case they would scarcely have been found in more than a single variant. Whence, then, have they been derived? In the first place they may constitute the genuine form assumed by the various turns of the plot after having been handed down by tradition during a long period. It would appear, if this be so, that not only, as in The King Andrade, has the original thought been obscured in the course of time: the original cast of the subordinate parts of the story has also gradually been forgotten; and some of the more incredible incidents have been replaced by others making a smaller draft upon the rustic imagination.
Yet it is evident that some reservation must be made as regards the slaughter of the Savage Man in the Sicilian tale of Water and Salt, and its consequence—truly not a small draft on the imagination. But the Savage Man is clearly regarded from the first as a being of a different order; and it may be that the incident is a relic of something completely dropped out of The King Andrade. The history of Sicily and Southern Italy, the home of The Savage King, may suggest another theory. Nothing would seem more likely than the direct importation of Eastern tales into this neighbourhood; and the episode in question | WIKI |
Trending
How do I fix NPM err maximum call stack size exceeded?
How do I fix NPM err maximum call stack size exceeded?
rarkins commented on Jul 15, 2019
1. change to master branch.
2. remove node_modules.
3. remove package-lock.json.
4. run npm install.
5. commit the updated package-lock.json to master and push.
6. rebase one of the Renovate PRs afterwards.
How do you prevent Rangeerror maximum call stack size exceeded?
You must have a recursive function in your code whose base case is not being met and is, therefore, calling the function again and again until you hit the call stack limit.
What does maximum call stack size exceeded mean?
The JavaScript exception “too much recursion” or “Maximum call stack size exceeded” occurs when there are too many function calls, or a function is missing a base case.
What is the call stack limit JavaScript?
Without any local variables, each function call takes up 48 bytes during the execution, and you are limited to less than 1MB for all local function frames. Each boolean and number variable takes 8 bytes of memory.
How does npm CI work?
npm ci
1. It installs a package and all its dependencies.
2. It may write to package.
3. Individual dependencies can be added with this command.
4. It is slower in execution.
5. If any dependency is not in package-lock.
6. If a node_modules is already present, This Command doesn’t change anything to it.
7. It can install global packages.
How do I force npm to clear cache?
To clear a cache in npm, we need to run the npm cache clean –force command in our terminal. To clear the cache present in npm, you need to run the command. If it doesn’t work, run the force clean method since the cache is not cleared simply.
How do I find my call stack in Chrome?
3359.139 ]Go to Developer Tools -> Sources -> look on the right side(Call Stack). console. trace() // To print the call stack.
How does JavaScript call stack work?
The call stack works based on the LIFO principle i.e., last-in-first-out. When the current function completes, the JavaScript engine pops it off the call stack and resumes the execution where it left off in the last code listing. The script will stop when the call stack is empty.
How big can the call stack get?
The stack size can be set with the -Xss command line switch but as a rule of thumb, it is deep enough, hundreds if not thousands of calls deep. (The default is platform dependent, but at least 256k in most platforms.) If you get a stack overflow, 99% of the time it’s caused by an error in the code.
Does JavaScript use the stack?
In case of the JavaScript engine, the stack is used to remember the location of last executed command in a function. The engine gets to know that we have two functions in our program.
How do I speed up npm CI?
If you are in a hurry, what you have to do are:
1. Disable stdout output.
2. Use cached node_modules.
3. Use –prefer-offline.
4. Use global cache ( yarn only)
Should I use npm CI or npm install?
In short, the main differences between using npm install and npm ci are:
• The project must have an existing package-lock.
• If dependencies in the package lock do not match those in package.
• npm ci can only install entire projects at a time: individual dependencies cannot be added with this command.
What’s the difference between JSHint and ESLint errors?
By contrast, JSHint’s error messages aren’t nearly so versatile. JSHint will display errors, with a file name, line number and column number, as well as a short explanation of what’s wrong with the code. While this is useful, it doesn’t compare to the clarity provided by ESLint.
Is there maximum call stack size exceeded in Node.js?
function to give node.js the chance to clear the stack. If you don’t do that and there are many loops without any real async function call or if you do not wait for the callback, your RangeError: Maximum call stack size exceeded will be inevitable. There are many articles concerning “Potential Async Loop”. Here is one.
What causes rangeerror for maximum call stack size exceeded?
The above scenario will cause infamous RangeError: Maximum call stack size exceeded error because the function keeps calling itself so many times that it runs out of maximum call stack. Most of the times the error is in code (like the one above). Other way of resolving is manually increasing the call stack.
What’s the best way to set rules in ESLint?
There’s even an option to have ESLint examine your existing code base, then set rules based off the patterns it sees in your code. This avoids the frustration you see in the initial setup process. Code never goes from valid to invalid. | ESSENTIALAI-STEM |
Tesla Is Exploring Building a Lithium Refining Plant in Texas
Electric-vehicle (EV) pioneer Tesla (NASDAQ: TSLA) is exploring the feasibility of developing a battery-grade lithium hydroxide refinery on the Gulf Coast of Texas or Louisiana, according to its late-August filing of an application seeking a property tax break in Texas.
Like other EV makers, Tesla's supply chain is dependent on lithium -- which has soared in price due to tight supply -- because it's used to produce the lithium-ion batteries that power EVs. Tesla also uses these batteries in its energy-storage products.
Here's what investors should know.
Image source: Tesla.
Tesla's proposed Texas lithium refining plant and timeline
In its application for a property tax break in Texas, here's how Tesla described its proposed operation in Robstown, Nueces County, which is about 16 miles west of Corpus Christi (see map below):
Tesla, Inc. is evaluating the possible development of a battery-grade lithium hydroxide refining facility, the first of its kind in North America, as well as facilities to support other types of battery materials processing, refining, and manufacturing and ancillary manufacturing operations in support of Tesla's sustainable product line.
Tesla will process raw ore material into a usable state for battery production. The process Tesla will use is innovative and designed to consume less hazardous reagents and create usable byproducts compared to the conventional process.
The final product, battery-grade lithium hydroxide, will be packaged and shipped by truck and rail to various Tesla battery manufacturing sites supporting the necessary supply chain for large-scale and electric vehicle batteries.
Image source: Getty Images. Red markings by author.
Tesla estimates the project will create 162 jobs. If it chooses the Robstown site, the company said construction could begin as early as the fourth quarter of 2022, and that it expects commercial operations would start by the fourth quarter of 2024.
A Louisiana site is in the running, too
As is typical for large companies that are considering building a significant new facility, Tesla is shopping around for tax-break deals from U.S. states.
In its Texas filing, it said the lithium "project could be located anywhere with access to the Gulf Coast shipping channel" and that it's also evaluating a site in Louisiana.
The company specified that the final product -- battery-grade lithium hydroxide -- will be "shipped by truck and rail to various Tesla battery manufacturing sites," so we can deduce that the Gulf shipping channel is likely needed for incoming raw materials.
Currently, in the United States, Tesla manufactures its batteries for its EVs and energy-storage products at its Gigafactory Nevada, which it operates with partner Panasonic. The company also has plans to produce batteries at its new Gigafactory Texas, which is located just outside the Austin city limits.
We can't know which state will provide Tesla with the most attractive tax breaks. But all other things being roughly equal, Texas would seem the frontrunner since the company already has operations in the Lone Star State. Last year, Tesla relocated its global headquarters from California to the Austin area, and it's currently ramping up EV production at Gigafactory Texas.
Tesla's possible lithium refinery site in Robstown is less than 20 miles from the Port of Corpus Christi and less than 200 miles by vehicle from its existing Austin area factory. Any site in Louisiana that's in close proximity to one of its seaports would be notably further away from Tesla's current Texas operations, per my review using worldportsource.com. So unless the Pelican State's economic package majorly dwarfs whatever Texas offers, it seems highly unlikely it will be home to a Tesla lithium refinery.
Tesla will also surely be evaluating weather factors, as hurricanes are not infrequent along the U.S. Gulf Coast.
Tesla's potential lithium production plans aren't a surprise
In the fall of 2020 at Tesla's "Battery Day," CEO Elon Musk announced the company had obtained the rights to 10,000 acres in Nevada where it planned to extract lithium from clay deposits using a proprietary process it had developed.
Tesla hasn't disclosed what lithium feedstock it aims to use in the battery-grade lithium hydroxide refinery that it's considering constructing. It's possible the company has developed a clay extraction technique, though it doesn't seem likely. No company is producing lithium from clay at commercial scale. (Lithium Americas is close to the commercialization stage at its lithium clay project in Nevada, but that project keeps being delayed by lawsuits from environmentalists and Native Americans.)
A more robust supply chain
Tesla having its own source of battery-grade lithium would be a positive for it and its investors. This would give it better control over its supply chain and lessen the probability that its business would be hurt by a global shortage of this critical battery material. Along with the availability benefit, it's also possible that Tesla could reap a cost benefit, at least eventually.
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Page:The New International Encyclopædia 1st ed. v. 10.djvu/307
HOUSSAYE. HOUSSAYE,, (1815-96). A French author, born at Bruyères. He went to Paris at an early age, and at twenty-one became widely known as the author of two romances, La couronne de bluets and La pécheresse. He attracted attention particularly as an art critic, publishing his Histoire de la peinture flamande et hollandaise in 1846. In 1849 Houssaye was appointed director of the Comédie Française at the suggestion of Rachel, and held the place until 1856. He was a prolific writer in many departments of literature, producing poetry, dramas, romances, philosophical, historical, and critical works—the last being of especial merit. He was long editor of L'Artiste, and for some years was editor and proprietor of La Presse. Among his works are: Histoire du quarante et unième fauteuil (1845), dealing with the great men who failed of election to the French Academy; La poesie dans les bois (1845); Le voyage à ma fenêtre (1851); Le roi Voltaire (1858); Rousseau et Mme. de Warens (1864); and Les confessions (1885-91). HOUSSAYE, (1848—). A French historian and critic, born in Paris. He distinguished himself in the Franco-Prussian War, and was subsequently an editor of the Journal des Débats and the Revue des Deux Mondes. His Histoire d'Alcibiade et de la république athénienne depuis la mort de Pericles jusqu'à l'avenement des trente tyrans (1873) received from the French Academy the prize established by Thiers. In 1894 he was elected to the Academy. His further works include: Athénes, Rome, Paris (1878); L'art français depuis dix ans (1882). He made a careful study from the original documents of the fall of Napoleon and of the first French Empire. The work is in three parts, the first entitled 1814; the second, entitled 1815, includes the first Restoration, the return from Elba, and the Hundred Days. The third volume, also entitled 1815, is devoted to Waterloo. Those books are among the most readable that have ever been published upon the latter part of Napoleon's career. HOUSTON,. A city and the county-seat of Harris County, Tex., 50 miles northwest of Galveston; on Buffalo Bayou, an arm of Galveston Bay, at the head of navigation, and on the International and Great Northern, the Southern Pacific, the Missouri, Kansas and Texas, the Houston and Texas Central, and several other railroads (Map:, G 5). It is a railroad centre of great importance, and improvements by the Federal Government have added to its transportation facilities by giving direct water communication with the Gulf of Mexico and the Atlantic Ocean; while local transit is facilitated by several bridges across the bayou. Houston occupies an area of nine square miles. It has the Houston Lyceum and Carnegie libraries, the building of the latter costing $50,000. Other prominent structures include the high school ($155,000), the United States Government building, the city hall, the court-house, the cotton exchange and market, and the Masonic Temple. The William M. Rice Polytechnical Institute, endowed with the estate of the founder, amounting to about $20,000,000, will be located in Houston. The city controls extensive commercial interests; it is one of the most important cotton markets in the United States, and in its lumber trade ranks with the leading cities of the Southwest. Cottonseed oil and sugar are also exported, and a large general trade contributes to the city's prosperity. There are extensive railroad car and machine shops, cotton-compresses and oil-mills, planing-mills, foundries and machine-shops, rolling-mills, potteries, brick and tile works, flour-mills, carriage and wagon shops, etc. The government, under a charter of 1897, is vested in a mayor, elected every two years, a municipal council, and administrative officials, who are chosen by popular vote. Houston spends annually in maintenance and operation about $565,000, the principal items of expenditure being $145,000 for interest on debt, $100,000 for schools, $70,000 for street expenditures, $55,000 for the fire department, $50,000 for the police department (including amounts for courts, jails, reformatories, etc.), and $20,000 for the health department (including amounts for charitable institutions). Houston was laid out and settled in 1836, was named in honor of General Sam Houston, and temporarily (in 1837) was capital of the Republic of Texas. Population, in 1890, 27,557; in 1900, 44,633. HOUSTON, (1793-1863). An American soldier and political leader, who was instrumental in securing the independence of Texas. He was born near Lexington, in Rockbridge County, Va., March 2, 1793, of Scotch-Irish parentage. After his father's death in 1806, the family emigrated to Tennessee, where he entered an academy, but left to try a clerkship in a store, and wearying of this, went to live among the Cherokees. He remained with them three years, when he returned to civilization and taught school. In 1813 he enlisted as a private in the United States Army; served bravely in General Jackson's campaign against the Creeks, being wounded at Tohopeka, and soon rose to be lieutenant. In 1817 he was appointed agent to aid in negotiations with the Cherokees; incurred hostility for attempting to prevent the smuggling of negroes from Florida into the United States, and resigned his commission, 1818, and began the study of law at Nashville. He soon opened an office at Lebanon, was made Adjutant-General of the State in 1819, and major of the State Militia. He was elected to Congress in 1822, was reëlected in 1824, and in 1827 was elected Governor. In January, 1829, he married Miss Allen, a Tennessee lady, but three months afterwards left her, and, resigning his office without giving either public or private reasons for his course, went to live among his old friends the Cherokees, who had emigrated to Arkansas. He championed their cause before Congress, incurring by this much enmity, especially from the ‘Indian ring,’ and becoming involved in an encounter with William R. Stanbury, Representative from Ohio, who had accused him of fraudulent attempts to obtain a contract for Indian rations. For beating Stanbury he was reprimanded in the House of Representatives, and was tried and fined, but President Jackson remitted the fine. The incident served to give Houston once more a national notoriety.
Visiting Texas in December, 1832, he was invited to settle there and become the leader of the American colonists in their struggle for their rights. He complied, and was elected a delegate to the convention held April 1, 1833, to form a State Constitution and seek membership in the | WIKI |
Koishiwara ware
Koishiwara ware (小石原焼), formerly known as Nakano ware, is a type of Japanese pottery traditionally from Koishiwara, Fukuoka Prefecture in western Japan. Koishiwara ware consists of utility vessels such as bowls, plates, and tea cups. The style is often slipware.
History
Pottery was first made in Koishiwara in 1682 as a result of the relocation of the Korean-founded Takatori workshop to nearby Tsuzumi. A kiln for firing porcelain was built in Koishiwara, and porcelain wares were made for export there with local materials until the eighteenth century. The Koishiwara style as it is known today had developed by the mid-eighteenth century. Abandoning porcelain production, potters began to use dark-firing stoneware for their pottery.
20th Century Developments
Beginning in the mid-twentieth century, technological advancements such as clay crushers, kiln shelves, and electric kilns allowed Koishiwara potters to work more efficiently and profitably than other potters in the surrounding area. As a result, Koishiwara potters were able to purchase land near their ceramic sites and develop it as tourist resorts and retail centers. Modern Koishiwara ware pottery represents the success of the mingei or folk craft movement in Japan.
Contemporary Koishiwara Style
Stylistic trademarks of Koishiwara ware include different types of slip decoration in which light-colored slip is applied to a leather-hard pot before a tool is used to create a pattern which reveals the dark clay underneath. The characteristic double glazing style of Koishiwara ware uses an overall clear glaze and trailing or pouring copper green and iron glazes in spots over the clear base glaze. The area still serves as a large ceramic production site for everyday wares, attracting tourists and selling large amounts of pottery every year. | WIKI |
Abraham’s wife, Sarah, felt that at her advanced age, she could have no children so as was tradition for the time, she gave her handmaid, Hagar, to Abraham to conceive a son. Ultimately, Abraham and Hagar had a son that they named Ishmael. Unexpectedly, but as promised, God gave Abraham, who was 100 years old at the time, and Sarah a child. An elated Sarah said,
“God has brought me laughter and everyone who hears about this will laugh with me.”
Abraham and Sarah named their child Isaac, which means “to laugh”.
On the day that Isaac was to be weaned, they held a great party to celebrate the event. During the party, Sarah saw Ishmael, who was about 16 years old, mocking Isaac. This concerned Sarah so she told Abraham that they must send Ishmael and his mother, Hagar, away.
Abraham was of course, saddened by this. After all, Ishmael was his son too. God intervened and told Abraham to do as Sarah had suggested. He explained to Abraham that through Isaac, his promise would be fulfilled, and to not despair, he would make Ishmael a great nation too. As commanded, Abraham placed food and water on Hagar’s shoulders and told her to leave.
Hagar and Ishmael wandered through the desert of Beersheba (bee-ehr_SHEE-buh) until they eventually ran out of water and feared they would die. After Ishmael cried for help, an angel appeared and told Hagar that her situation would end well and showed her where a well was located. Hagar retrieved water from the newfound well and they survived their fearful circumstance.
Ishmael matured and became an archer and lived with Hagar in the Desert of Paran, a region lying between Canaan and the mountains of Sinai. Ishmael married a woman from Egypt and fathered 12 sons who became founders and leaders of many Arab tribes or colonies (the Ishmaelites). Later, Ishmael would join Isaac to bury their father.
What the story means to us today
Ancient law and inheritance
The story of Hagar and Ishmael is indeed sad and required a tough decision in order to ensure God’s promise through Isaac could be fulfilled. Ancient law codes pass inheritance rights to the son that is “accepted” by the father and thus, Ishmael had to be sent away in order to pass the inheritance rights to Isaac. Still, God’s promise to take care of Ishmael brings the story to a happy end.
Finding the solution that lies right before your eyes
It is telling that God (through an angel) showed Hagar where the water well was located. The verse does not tell us that God “created” a well for Hagar but rather that he “opened her eyes” to its location. Often we need to simply ask God to show us the solution to a troubling problem, even if that solution is right before our eyes.
Deeper thoughts and additional considerations
The desert of Beersheba
The desert of Beersheba that Hagar and Ishmael wandered through, plays an significant part in the next chapter as the location where Abraham and Abimelech sign an important treaty.
Ishmael’s cry for help and God’s response
Ishmael’s cry for help and God’s response are inherent in Ishmael’s name. The name Ishmael means “God hears”.
The Science behind the story
Estimating the ages of the participants
The ages of the participants in this story are fairly easy to estimate. Isaac would have been 2- or 3-years-old when he was weaned (boys suckled longer in the East than in other parts of the world). We know that Abraham was 86-years-old when Ishmael was born and 100-years-old when Isaac was born. This would mean Ishmael was around 16 or 17 years old when he was sent away
100 (Abraham’s age when Isaac born) – 86 (Abraham’s age when Ishmael born) + 2 (years before Isaac was weaned)
Weaning of children in the east at 2-3 years of age
During the time of this story, child mortality rates were quite high. If a child lived to be 2 or 3 years of age then it was a good bet that they were stout and healthy and would live throughout childhood. This was cause for celebration and indeed, a festival was held when a child in the East was weaned. During the festivities, the child was allowed to sample many different kinds of foods and drinks. The event was a formal affair, attended by families and relatives, and was considered a time when the badge of birthright was passed to the child.
It is also likely that by the time of Isaac’s weaning, Ishmael had already realized that his role as heir had passed and that although he would be taken care of by Abraham, he would no longer inherit Abraham’s fortune. It is possible that this prompted jealousy in Ishmael which preempted his mocking of Isaac.
Custom to send a “man” on his own
There was a custom in place during this time which dictated that a man of 16 years old be sent into the wild, carrying a few days’ provisions, as a show of manhood. The sending away of Ishmael may have been a part of this common practice.
The desert of Beersheba
The desert of Beersheba, where Hagar and Ishmael wandered, is located about 50 miles south of Jerusalem, about halfway between the borders of Jordan and Egypt.
Now the LORD was gracious to Sarah as he had said, and the LORD did for Sarah what he had promised. 2 Sarah became pregnant and bore a son to Abraham in his old age, at the very time God had promised him. 3 Abraham gave the name Isaaca to the son Sarah bore him. 4 When his son Isaac was eight days old, Abraham circumcised him, as God commanded him. 5 Abraham was a hundred years old when his son Isaac was born to him.
6 Sarah said, “God has brought me laughter, and everyone who hears about this will laugh with me.” 7 And she added, “Who would have said to Abraham that Sarah would nurse children? Yet I have borne him a son in his old age.”
8 The child grew and was weaned, and on the day Isaac was weaned Abraham held a great feast. 9 But Sarah saw that the son whom Hagar the Egyptian had borne to Abraham was mocking, 10 and she said to Abraham, “Get rid of that slave woman and her son, for that woman’s son will never share in the inheritance with my son Isaac.”
11 The matter distressed Abraham greatly because it concerned his son. 12 But God said to him, “Do not be so distressed about the boy and your slave woman. Listen to whatever Sarah tells you, because it is through Isaac that your offspring will be reckoned. 13 I will make the son of the slave into a nations also, because he is your offspring.”
14 Early the next morning Abraham took some food and a skin of water and gave them to Hagar. He set them on her shoulders and then sent her off with the boy. She went on her way and wandered in the Desert of Beersheba.
15 When the water in the skin was gone, she put the boy under one of the bushes. 16 Then she went off and sat down about a bowshot away, for she thought, “I cannot watch the boy die.” And as she sat there, she began to sob.
17 God heard the boy crying, and the angel of God called to Hagar from heaven and said to her, “What is the matter, Hagar? Do not be afraid; God has heard the boy crying as he lies there. 18 Lift the boy up and take him by the hand, for I will make him into a great nation.”
19 Then God opened her eyes and she saw a well of water. So she went and filled the skin with water and gave the boy a drink.
20 God was with the boy as he grew up. He lived in the desert and became an archer. 21 While he was living in the Desert of Paran, his mother got a wife for him from Egypt.
The New International Version. Grand Rapids, MI: Zondervan, 2011. Print.
GOD visited Sarah exactly as he said he would; GOD did to Sarah what he promised: 2 Sarah became pregnant and gave Abraham a son in his old age, and at the very time God had set. 3 Abraham named him Isaac. 4 When his son was eight days old, Abraham circumcised him just as God had commanded.
5 Abraham was a hundred years old when his son Isaac was born.
6 Sarah said,
God has blessed me with laughter
and all who get the news will laugh with me!
7 She also said,
Whoever would have suggested to Abraham
that Sarah would one day nurse a baby!
Yet here I am! I’ve given the old man a son!
8 The baby grew and was weaned. Abraham threw a big party on the day Isaac was weaned.
9 One day Sarah saw the son that Hagar the Egyptian had borne to Abraham, poking fun at her son Isaac. 10 She told Abraham, “Get rid of this slave woman and her son. No child of this slave is going to share inheritance with my son Isaac!”
11 The matter gave great pain to Abraham—after all, Ishmael was his son. 12 But God spoke to Abraham, “Don’t feel badly about the boy and your maid. Do whatever Sarah tells you. Your descendants will come through Isaac. 13 Regarding your maid’s son, be assured that I’ll also develop a great nation from him—he’s your son, too.”
14 Abraham got up early the next morning, got some food together and a canteen of water for Hagar, put them on her back and sent her away with the child. She wandered off into the desert of Beer-sheba. 15 When the water was gone, she left the child under a shrub 16 and went off, fifty yards or so. She said, “I can’t watch my son die.” As she sat, she broke into sobs.
17 Meanwhile, God heard the boy crying. The angel of God called from Heaven to Hagar, “What’s wrong, Hagar? Don’t be afraid. God has heard the boy and knows the fix he’s in. 18 Up now; go get the boy. Hold him tight. I’m going to make of him a great nation.”
19 Just then God opened her eyes. She looked. She saw a well of water. She went to it and filled her canteen and gave the boy a long, cool drink.
20 God was on the boy’s side as he grew up. He lived out in the desert and became a skilled archer. 21 He lived in the Paran wilderness. And his mother got him a wife from Egypt.
Peterson, Eugene H. The Message: The Bible in Contemporary Language. Colorado Springs, CO: NavPress, 2005. Print.
The NET Bible
21:1 The LORD visited Sarah just as he had said he would and did for Sarah what he had promised. 21:2 So Sarah became pregnant and bore Abraham a son in his old age at the appointed time that God had told him. 21:3 Abraham named his son—whom Sarah bore to him—Isaac. 21:4 When his son Isaac was eight days old, Abraham circumcised him just as God had commanded him to do. 21:5 (Now Abraham was a hundred years old when his son Isaac was born to him.)
21:6 Sarah said, “God has made me laugh. Everyone who hears about this will laugh with me.” 21:7 She went on to say, “Who would have said to Abraham that Sarah would nurse children? Yet I have given birth to a son for him in his old age!”
21:8 The child grew and was weaned. Abraham prepared a great feast on the day that Isaac was weaned. 21:9 But Sarah noticed the son of Hagar the Egyptian—the son whom Hagar had borne to Abraham—mocking. 21:10 So she said to Abraham, “Banish that slave woman and her son, for the son of that slave woman will not be an heir along with my son Isaac!”
21:11 Sarah’s demand displeased Abraham greatly because Ishmael was his son. 21:12 But God said to Abraham, “Do not be upset about the boy or your slave wife. Do all that Sarah is telling you because through Isaac your descendants will be counted. 21:13 But I will also make the son of the slave wife into a great nation, for he is your descendant too.”
21:14 Early in the morning Abraham took some food and a skin of water and gave them to Hagar. He put them on her shoulders, gave her the child, and sent her away. So she went wandering aimlessly through the wilderness of Beer Sheba. 21:15 When the water in the skin was gone, she shoved the child under one of the shrubs. 21:16 Then she went and sat down by herself across from him at quite a distance, about a bowshot away; for she thought, “I refuse to watch the child die.” So she sat across from him and wept uncontrollably.
21:17 But God heard the boy’s voice. The angel of God called to Hagar from heaven and asked her, “What is the matter, Hagar? Don’t be afraid, for God has heard the boy’s voice right where he is crying. 21:18 Get up! Help the boy up and hold him by the hand, for I will make him into a great nation.” 21:19 Then God enabled Hagar to see a well of water. She went over and filled the skin with water, and then gave the boy a drink.
21:20 God was with the boy as he grew. He lived in the wilderness and became an archer. 21:21 He lived in the wilderness of Paran. His mother found a wife for him from the land of Egypt.
Biblical Studies Press. The NET Bible First Edition; Bible. English. NET Bible.; The NET Bible. Biblical Studies Press, 2006. Print. | FINEWEB-EDU |
Page:Dictionary of National Biography volume 63.djvu/272
the somewhat rapid collapse of the old stock company system, before the increasing demand in Edinburgh for the theatrical ‘stars’ of London, and the increased facilities afforded for touring companies by the railroads.
For the first ten years of Wyndham's management, however, the old system that had prevailed under Murray was but little impaired. On 6 Feb. 1852 Wyndham produced ‘Macbeth’ with scenery that was thought to surpass any yet seen upon the Edinburgh stage; on 31 May he was seen as Claude Melnotte for his wife's benefit; in June he was Robert in ‘Robert the Bruce;’ in August Rashleigh Osbaldistone; and in October, for his benefit, Henry, prince of Wales, in ‘Henry IV.’ The Adelphi was destroyed by fire on 24 May 1853. Fortunately for Wyndham, who was insured, but could not afford a holiday, the ‘Royal’ Theatre was lying vacant. He promptly leased it, and opened on 11 June, in the part of Charles Bromley in ‘Simpson & Co.,’ which he followed up by Captain Absolute in the ‘Rivals.’ The Adelphi, now renamed ‘The Queen's,’ was reconstructed during 1854–5, and Wyndham for a time managed both theatres concurrently, but the Royal remained his headquarters until it was taken down in 1859. Mr. Toole was one of Wyndham's first stars at his new house, appearing at the Royal on 9 July 1853 in ‘Dead Shot.’ (Sir) Henry Irving, fresh from his début at Sunderland, made his first appearance as a member of Wyndham's company on 9 Feb. 1857 as Gaston, duke of Orleans, in ‘Richelieu.’ He remained with the Wyndhams as ‘juvenile lead’ at 30s. a week down to September 1859, playing often in a pantomime and two dramas in the course of a single evening. In November 1856 Wyndham was Rolando in Tobin's ‘Honeymoon;’ in May 1857 he revived ‘Macbeth,’ with Mrs. Wyndham as Lady Macbeth and Irving as Banquo; in December of that year they were highly successful with the pantomime ‘Little Bo Peep,’ with Irving as ‘Scruncher, captain of the Wolves.’ A final performance at the Royal, doomed to destruction in order to make way for a post-office, took place on 25 May 1859, when Wyndham played Sir Charles Pomander in ‘Masks and Faces;’ Mrs. Wyndham played Peg, and Irving played Soaper. Wyndham, who had been paying 1,000l. a year rent for the Royal, now returned to the Queen's (the old Adelphi), some 30,000l. having been paid as indemnity by the government upon absorbing the site of the Royal. He opened his first season at the Queen's under royal letters patent on 25 June 1859, as Felix Featherley in ‘Everybody's Friend.’ This was followed in July by ‘Heart of Midlothian,’ in which Montagu Williams and Mr. F. C. Burnand appeared as ‘distinguished amateurs;’ and then ‘London Assurance,’ with Williams as Charles Courtly, Irving as Dazzle, and Mrs. Wyndham as Lady Gay Spanker. In June 1860 Wyndham was Rory in ‘Rory O'More,’ in June 1861 he played Myles in the ‘Colleen Bawn,’ and in February 1862 Salem Scudder in the ‘Octoroon.’ The Queen's was burnt down on 13 Jan. 1865 during the run of the Christmas pantomime, ‘Little Tom Tucker.’ It was rebuilt and reopened as ‘The Royal’ on 2 Dec. 1865, in time for the next yearly pantomime, ‘Robin Hood.’ A handsome presentation was made by the citizens of Edinburgh to Wyndham for his services to the drama in 1869. In 1871 he revived a number of ‘Waverley’ dramas upon the occasion of the Scott centenary; but the star system was already in the ascendant, and this form of entertainment showed a sadly diminished success. On 6 Feb. 1875, during a run of ‘Jack and the Beanstalk’ (in which Mr. A. W. Pinero was one of the performers), the ‘Royal’ shared the fate of its predecessors, the Queen's and the ‘Adelphi,’ the theatre upon this site being burned down for the third time under Wyndham's management.
Wyndham made his last appearance upon the Edinburgh stage on the opening night of the new Edinburgh Theatre, Castle Terrace, upon 20 Dec. 1875. As an actor he was versatile, but is said to have excelled in light comedy and in Irish gentlemen. A year later he retired from his long and, upon the whole, highly successful management. Upon his retirement he was, on 23 Feb. 1877, entertained at a banquet at the Balmoral Hotel, Edinburgh, under the presidency of Sir Alexander Grant, when the lord justice-general (John Inglis, lord Glencorse) proposed ‘Mrs. Wyndham,’ and Professor Blackie ‘The Drama.’ He now left his house in Forth Street, Edinburgh, and settled in Sloane Street, London, where he renewed relations, under altered circumstances, with (Sir) Henry Irving. He became a familiar figure at the Garrick Club, and is described as one of the youngest-looking men of his age. Wyndham died at his house in Sloane Street, aged 80, on 16 Dec. 1894, and was buried in Brompton cemetery on 20 Dec. By his wife—who played Peg Woffington, Mrs. Haller, Helen MacGregor, Lady Macbeth, Queen Katharine in ‘Henry VIII,’ Lady Teazle, and other leading parts under her husband's management—he had | WIKI |
Talk:West Nickel Mines School shooting/Archive 1
Number of children/suicide notes?
The article first lists the shooter as a father of three. Later, it says he left suicide notes to each of his children and numbers four notes. Is there any way to verify which number is correct? Was one of the notes directed toward his wife, perhaps? --BekiB 13:08, 3 October 2006 (UTC)
someone has just put up a porn link which i have deleted, maybe you should secure this page?
* Yeah I'll get an admin to secure this page.Cameron Nedland 13:19, 3 October 2006 (UTC)
A LOT of school shootings
Holy crap, there's been a LOT of school shootings lately. What's up with that? A Clown in the Dark 18:23, 2 October 2006 (UTC)
* This is not a discussion about shootings. This talk page is designated for discussing information regarding the article itself. -- Nish kid 64 19:10, 2 October 2006 (UTC)
* This is a clustering illusion. Just like 2006's hurricanes or 2001's shark attacks. --Dhartung | Talk 09:18, 3 October 2006 (UTC)
* Not necessarily, the commentator on Nightline last night considered this one a copycat attack. Rmhermen 13:31, 3 October 2006 (UTC)
* It's not a clustering illusion because no one sees a pattern, we just notice it's happening a lot recently. Inforazer 14:31, 3 October 2006 (UTC)
* If people are saying that these isolated incidents are occuring for a specific linking reason then it is. The perception that school shootings will be more common from now on because of these events is the result of the illusion. While you sir are perhaps not falling for the illusion, I have heard people say or claim that there is a specific reason for these occurences <IP_ADDRESS> 04:10, 15 January 2007 (UTC)
* What is going on? What is happening to our society?Cameron Nedland 13:19, 3 October 2006 (UTC)
* The label to this page has the word "Talk" and the link/click is discussion leading some of us to actually discuss not composition and editting the article but the underlying event. If we could place a link to an actual discussion page then they could go there ;) Chivista 13:31, 3 October 2006 (UTC)
* This is an encyclopedia, not a discussion forum. It says quite clearly at the top of this page what this page is for. If you want to share your grief or discuss the events or your reaction to them, you'll have to go elsewhere and start such a forum, or find one that already exists. It's not the purpose of Wikipedia to provide that service. Canonblack 11:27, 4 October 2006 (UTC)
Death Toll
I saw a report saying the death toll is up to 5 now, but have been unable to find details. Elijya 19:53, 2 October 2006 (UTC)
* reports four dead and six hospitalized.--Fyre2387 (talk • contribs) 02:48, 3 October 2006 (UTC)
* somme count include the shooter, some other don't. Anyway, it's now 5 girls + 1 shooter
* 5 girls dead so far. Inforazer 14:32, 3 October 2006 (UTC)
* I agree, as does this site: . Mathx314 16:55, 3 October 2006 (UTC)
* But that link says five girls including the teenage teaching aide, so the information on the page was incorrect, as it stated five students plus a teaching aide have been killed. I've edited to correct this.<IP_ADDRESS> 16:18, 3 October 2006 (UTC)
Adult death
Where is the claim coming from that a teacher's aid died? CNN is reporting the victims age as between 6 and 13 - although that may be just the ages of the hospitalized victims. Rmhermen 19:54, 2 October 2006 (UTC)
* This was specified during a live NBC news coverage, but I've yet to see it in print. I'm having trouble finding text sources that have been updated in the past hour. Elijya 19:59, 2 October 2006 (UTC)
* Here, it's specified as "The victims are apparently 2 students, a teacher's aide and the gunman." at this local newssite http://abclocal.go.com/wpvi/story?section=local&id=4620677 Elijya 20:00, 2 October 2006 (UTC)
The teacher's aide was actually a little older than 13 (probably younger than 20), like a babysitter. Pink moon 1287 22:17, 2 October 2006 (UTC)
* The latest stories deny a teacers aide was shot. see http://www.cnn.com/2006/US/10/03/amish.shooting/index.html Edison 21:59, 3 October 2006 (UTC)
CNN Press Briefing
CNN has been airing and re-airing the press conference from the police. The spokesman said that they have three confirmed dead, two students and they believe a teacher's aide which is just an older child then the 13 year old. They have said that the girls were bound and shot execution style in the back of the head. They are still waiting for an update on if any of the other girls have died. Nevan (utc)
Wolf Rock or Georgetown
It was not Wolf Rock School, but Georgetown Amish School where the incident occurred.
-<IP_ADDRESS> 21:06, 2 October 2006 (UTC)
* That's a San Diego News Source. Philadelphia local source CBS3 agrees that it's Georgetown, but NBC10 and 6ABC say Wolf Rock. Elijya 21:18, 2 October 2006 (UTC)
Is it a "public" school or run privately by the Amish themselves?
It might be useful to add a link to Wisconsin v. Yoder (http://en.wikipedia.org/wiki/Wisconsin_v._Yoder), since the Amish do not send their children to formal school after the eighth grade (approximately age 13), due the outcome of the court case based on their religious doctrine. Le 01:19, 5 October 2006 (UTC)
other recent shootings
What's the point of this section? seems like someone is just trying to take up space. --Zonerocks 03:54, 3 October 2006 (UTC)
This is the fourth or fifth school shooting in about a month. That's worth mentioning. Wikibout-Talk to me! 04:07, 3 October 2006 (UTC)
Copycats, perhaps. Edison 04:27, 3 October 2006 (UTC)
* The fact that this is the Xth school shooting in period Y is notable and easily verified. But theories of connections or similar motives would be original research (and, thus, not something we should be publishing on WP), so I've pared the details of those shootings down. There's no direct relevance of the other shooters names, etc. so readers interested in them can hit the links to those articles. --Ds13 04:40, 3 October 2006 (UTC)
* Actually we aren't the only ones to notice there has been a lot of school shootings lately, the government is holding a meeting of some sort to address the issue. http://www.cnn.com/2006/EDUCATION/10/02/bush.school.violence.ap/index.html Inforazer 17:16, 3 October 2006 (UTC)
School name
Does this school have a name?? --Anthony5429 18:44, 2 October 2006 (UTC)
* Yes, it is called the Wolf Rock School. If someone can change the name of this from "Amish School Shooting" to "2006 Wolf Rock School Shooting", that would be great. --Hossmann 18:51, 2 October 2006 (UTC)
* I recommend Wolf Rock School shooting, as there has been only one.
* I agree. Iceberg007 06:01, 3 October 2006 (UTC)
* If you look at the 2nd footnote, as well as an earlier discussion on this talk page, they'll tell you that "Various sources have reported the school's name as Wolf Rock, Nickel Mines Amish School, Georgetown Amish School or the West Nickel Mines Amish School". So no, changing the article to wolf Rock School shooting would be inappropriate until there is a more clear verifiable concensus as to the school's name. Elijya 13:28, 3 October 2006 (UTC)
* To add to the confusion, on the USGS map, the nearset school in Paradise Twn, near Wolf Rock Creek and the community of Nickel Mines is called Bellemont School. Rmhermen 13:41, 3 October 2006 (UTC)
* Wolf Rock School was about the most non-notable school before the shooting, and no one would look for info about this event under that name. If the school were famous in its own right, then that would be the logical name. It has hardly been used in the news stories, and would be an impediment to anyone finding the story in the future.Edison 15:15, 3 October 2006 (UTC)
The Pennsylvania German Wikipedia article on the incident is called West Nickel Mines Schuhlhaus Incident and the article on the school itself is called West Nickel Mines Schuhlhaus, but there are no sources cited to confirm it. Given that it's the only school in a small community, it may not even have an official name; locals probably just call it "the school". Given the nature of the Amish community, it's unlikely the school is officially recognized by any school district anyway. Angr 06:00, 4 October 2006 (UTC)
* Why would any Amish be looking at Wikipedia? Seems unlikely.Edison 06:10, 4 October 2006 (UTC)
* I never said they were. Angr 06:26, 4 October 2006 (UTC)
I see there is now a stub called Wolf Rock School. It disagrees with West Nickel Mines Schuhlhaus both on the name of the school and the name of the street the school is on. Unfortunately, neither article cites its sources. Angr 08:18, 4 October 2006 (UTC)
The website for the local Lancaster, PA newspapers identifies the school as "West Nickel Mines School" http://local.lancasteronline.com/4/26389 13:18, 4 October 2006 (EST)
* West Nickel Mines Schoolhouse; at times West Nickel Mines Parochial School:
* local newspaper map with name
* PA Dutch language Wikipedia article: West Nickel Mines Schuhlhaus Incident
* local newspaper article
The school building, which is much newer than the latest topographic maps, is soon to be torn down; permit to do so was issued already, with usual fees waived.
"See Also"
I fail to see how the École Polytechnique massacre has anything to do with this incident any more or less than any other school shooting; why should it be included in this article?
It is similar in that a gunman entered the building, and spared the male students, while targeting the females present. However, having allowed some adult women to leave the school, age seems to be a factor here, along with the victims' gender. --Alexis 06:59, 3 October 2006 (UTC)
* Yes, the article itself has already drawn similarity to the Platte Canyon High School shooting, why not to the École Polytechnique massacre? If anything, the Platte Canyon shooting seems to be sexual in nature, while the other 2 are more about killing, as it seems at this point. It was clear that the intend in Ecole polytechnique incident was targetting female STUDENTS. It is the most relevant and similar shooting incident to this shooting, imo. --Kvasir 07:57, 3 October 2006 (UTC)
* I concur, as these are the only two school shootings we know of motivated by gender resentment. (I'm not ruling out workplace shootings, but I don't know of any offhand.) --Dhartung | Talk 09:20, 3 October 2006 (UTC)
* Those are a lot of presumptions. I disagree with categorisation until further understanding of the events has come to light. Jachin 10:32, 3 October 2006 (UTC)
* Exactly. Wikipedia editors should most definitely not be linking any of these shootings without verifiable, cited evidence that such links exist. To do otherwise is a clear violation of the prohibition against original research. Adding these to a general "School shooting" category is okay. Implying there are deeper links between them without outside evidence is not. --ElKevbo 10:50, 3 October 2006 (UTC)
* How many more similarities does one need between the Polytechnique and Wolf Creek? We're not at all saying it was a copycat, we are saying they deserve mention for the similarities. Both happened in schools. Both told the men to leave to separate the women from the men to aim solely at the women, both involve revenge or redemption, and all this has been described by the police already in both incidents. Let the link stay. Just because it happened in Canada does not mean it does not deserve attention. Stettlerj 15:07, 3 October 2006 (UTC)
* We shouldn't be saying anything of the sort. That's original research. Find a verifiable source that supports your assertion and I'm happy to let it stand. --ElKevbo 15:15, 3 October 2006 (UTC)
* A link is not original research. Stettlerj 15:17, 3 October 2006 (UTC)
* Implying or outright stating there is a connection between two events without supporting evidence is original research. --ElKevbo 15:19, 3 October 2006 (UTC)
Inappropriate link
Apparently JonStamos2 is more interested in Amish porn than school shootings... Super Jedi Droid 09:05, 3 October 2006 (UTC)
* He's using multis as well. Currently using the name JonStamos4. CardinalFangZERO 09:18, 3 October 2006 (UTC)
* He just doesn't give up. I've reported him to Administrator_intervention_against_vandalism CardinalFangZERO 09:30, 3 October 2006 (UTC)
Further Developments
Anyone going to stick with this story and give us updates as they come forwards? It'd be interesting to know the reason this guy went postal. Poor bastards, of all the people in the world, these guys are the least offensive and most humble from what I've seen of them, they wouldn't hurt a fly, so to see that happen to a pacifistic society just sucks. Jachin 10:25, 3 October 2006 (UTC)
* Wikinews is the appropriate place to look for the most recent updates. --ElKevbo 10:51, 3 October 2006 (UTC)
Requested move
2006 Amish school shooting → Amish school shooting – Like with the Mark Foley scandal, which was moved from "2006 Mark Foley scandal", there is no need to disambiguate with 2006 here. There has been no other Amish school shooting, and thus 2006 in the title implies "the one" that happened in 2006. See Dawson College shooting, which also does not include 2006 Bssc81 13:14, 3 October 2006 (UTC)
Moved per consensus below. Angr 12:33, 4 October 2006 (UTC)
Survey
Add "* Support" or "* Oppose" followed by an optional one-sentence explanation, then sign your opinion with ~
* Support, as per above. Note this article doesn't even call it the "2006 Amish school shooting in the first sentence". Bssc81 13:16, 3 October 2006 (UTC)
* support. Rmhermen 13:33, 3 October 2006 (UTC)
* Support It seems like tempting fate to assume there will never be another shooting in an Amish school, and I've not seen any authoritative source state that there has never in all of history been a previous Amish school shooting, but if the need for disambiguation appears, I suppose we can rename this; makes it consistent with Columbine High School massacre and Heath High School shooting.
* If and when another one happens, then 2006 can be added. Kind of like if and when Zinedine Zidane headbutts someone else, we can rename the original to 2006 Zidane headbutt :) Bssc81 16:11, 3 October 2006 (UTC)
* Neutral, what about Paradise Township Amish school shooting? Or did this school have a name? -- Zanimum 15:26, 3 October 2006 (UTC)
* Support. Consistent with other very analogous articles (that were well-discussed on this front). --Ds13 15:30, 3 October 2006 (UTC)
* Support Until there's another Amish school shooting, there's no reason why the 2006 should remain in the headline. Inforazer 17:19, 3 October 2006 (UTC)
* Support, since my earlier move was purely a procedural move. --Core des at (talk) 18:46, 3 October 2006 (UTC)
* Support --Casper2k3 19:37, 3 October 2006 (UTC)
* Support יונה בן צוי 07:37, 4 October 2006 (UTC)
* Support Pongo489 11:40, 4 October 2006 (UTC)
Discussion
Add any additional comments
* I agree that the current title is imperfect, but I think that Wolf Rock School shooting (as suggested above) would be a better one. An opposing point raised above is that "various sources" are reporting the wrong school name, but I don't think that should matter. We should attempt to be accurate and descriptive in our title, and "Amish school" is pretty vague. -- Plutor talk contribs 15:02, 3 October 2006 (UTC)
* I completely agree with Plutor. In addition, moving the article to Wolf Rock School shooting would be consistent with other similar incidents. --ElKevbo 15:13, 3 October 2006 (UTC)
* But Plutor, as also as discussed above, it's not clear whether the school's name is in fact Wolf Rock School, as different sources are giving different names. Elijya 15:38, 3 October 2006 (UTC)
* Whatever the name of the school is what we should name the article ("X school Shooting"). I defer to others more knowledgable as to the determination of the school's "official" name. --ElKevbo 17:24, 3 October 2006 (UTC)
* It would be a mistake to move it to a title no one would search for. The media call it the Amish school shooting. No one seems to be sure what the name of the school is. The next time there is a school shooting somewhere, anyone wanting to refer back to this would likely look fot "Amish school shooting." Stick with the "Keep it simple" principle.Edison 17:27, 3 October 2006 (UTC)
* I think that's a poor excuse to misname the article. We should definitely set up a redirect at "Amish School Shooting" but we should stick with the precedent set by the other articles. I really don't think this is too big of a deal but I do think that consistency is a key principle to maintain as Wikipedia continues to grow. But I'm happy to go along with the consensus on this issue. --ElKevbo 17:37, 3 October 2006 (UTC)
* As soon as we have consensus on the school name, I agree the article should be named "X School shooting". Anything less will be inconsistent with the standard practice here, due to lazyness. Sensationally and emotionally, it's more memorable as "that Amish school incident", but we don't need to push the "Amish? oh my!" button like commercial media sellers -- we can introduce the appropriate amount of fact into the title and have a more professional/respectful/informed article. --Ds13 17:56, 3 October 2006 (UTC)
* I agree with this call for accuracy as it'll help avoid "sensational" language that doesn't belong in an encyclopedia. --יונה בן צוי 07:38, 4 October 2006 (UTC)
See my comments above under. Angr 06:06, 4 October 2006 (UTC)
In the usian media the incident is referred to as the amish school shooting. For matters of research in the future, etc, its best to stick with the name the media dons it. Perhaps for usians 'amish' is telling a lot (like that it happened in pennsylvania). The link with other school incidents is justified, in my opinion these people are fascinated with the kind of story. (i am rather fascinated, but i might be that, had it happened at another significant place), in that regard the link should be provided professionally. Instead of school-shootouts, perhaps, psychological resemblances between similar perpetuators, since i got really curious if it is the collection (hype) of school assault info, that gives these people the idea to go to school. Is there an autoption report of the guy? perhaps he had braintumor? He behaved like that (numerous notes and failure to distract himself from obsessing thoughts apparently not much influencing him before(<none yet described him as special, weird, setback or a bit strange eg..) <IP_ADDRESS> 11:11, 4 October 2006 (UTC)
I think we could rename it with the proper school name, but leave a redirect under "amish school shooting" as a compromise, to balance between accuracy and convenience. Super Jedi Droid 18:23, 4 October 2006 (UTC)
* What am I saying "we"? I'm not an admin... Super Jedi Droid 18:14, 6 October 2006 (UTC)
Contact police
I don't really know much about the Amish but don't they tend to avoid item which are considered too high tech/modern such as phones? Does anyone know how the police were contacted (I'm not saying they wouldn't have used a phone to contact the police just wondering where the phone was that they used to contact the police if they did use one)? Please don't take this the wrong way, I'm not trying to insult the Amish or make fun of their beliefs or whatever just wondering since it seems like something that could have been a problem (on the other hand, I believe they may tend to have one or two public phones available and it would make sense for one of these to be located in or near the school). Nil Einne 04:54, 4 October 2006 (UTC)
* I have heard that it is common practice in Amish communities to have someone run (or more likely, gallop on horseback) to the nearest non-Amish community and ask someone there to notify the police in case of an emergency they can't handle on their own. I think it's unlikely there would be any public phones available in the community itself. Angr 06:04, 4 October 2006 (UTC)
* On the other hand, read the last paragraph of Amish. Angr 06:35, 4 October 2006 (UTC)
* http://local.lancasteronline.com/4/26399 says: "When the older Zook [the schoolteacher's mother] saw the gun, she looked at her daughter [the schoolteacher], and they darted outside the school to a nearby farm, where they called the police." But it doesn't specify whether the nearby farm was Amish or non-Amish. Still, Amish says there are sometimes phone booths in a community for emergency use. Angr 10:08, 4 October 2006 (UTC)
* Many modern Amish have phones for emergency purposes. The phones are typically located in a barn so that they can't be used easily. Reidhoch 11:28, 4 October 2006 (UTC)
* As far as having phones: the Amish near my home are permitted one phone (can carry it around, between house and garage), but they're quite modern as far as Amish go. Also, near my grandparents' in Lawrence County, Pennsylvania, where the Amish are much more primitive than at my home, there are pay phones just sitting out along roads in the middle of nowhere :-) By the way, in my experience, Amish are usually uncomfortable with horseback riding: it's too military-like. Nyttend 21:55, 5 October 2006 (UTC)
* I have a copy of America 24/7 and it shows a picture of an Amish town with a small phone booth, like the one on this picture, and is only used for emergency situations. Iola k ana • T 21:17, 7 October 2006 (UTC)
Teacher
What about the teacher? Did she escape while being held hostage or was she released initially? If it's the former, it would be worth clarifying that the teacher was held hostage along with her female students. --Kvasir 18:23, 4 October 2006 (UTC)
* The Lancaster Online article linked above makes it sound like she and her mother ran out when they saw him approaching with the gun, so they were never actually held hostage in the first place. Angr 18:52, 4 October 2006 (UTC)
* The article here says she escaped over 40 mins after the gunman entered. Seems to me that she was one of the hostages. Clarification? --Kvasir 00:26, 10 October 2006 (UTC)
victim name
i've seen it spelled Lena and Lina, which is correct? --<IP_ADDRESS> 05:34, 4 October 2006 (UTC)
Her name is spelled Lena according to the Directory of the Lancaster County Amish, Pequea Publishers: Gordonville, PA, 2002. Her obituary also lists the spelling as Lena. Naomi Rose Ebersol's name was originally misspelled as well, with an e added to the end in error.
Shot in shoulder?
The article says one victim was shot in the back and shoulder, but that does not appear to be in the news cited. I placed a FACT tag. Edison 06:12, 4 October 2006 (UTC) Added a ref today indicating Barbie Fusher was wounded thus. Removed fact tag.Edison 22:49, 6 October 2006 (UTC)
Paradise
Yesterday, I reported the shooting took place in the village of Paradise near Nickel Mines based on the BBC reports I read. Today that information is gone. Can anyone figure out what happened to it? There's been a lot of edits in the mean time... - Mgm|(talk) 09:01, 4 October 2006 (UTC)
No, it was NEAR Paradise, which is a few miles away, along US 30. I guess let Lancastrians who KNOW the area do the editing, esp with a barrage of confusing media reports. The Amish certainly don't put their schools in villages. Hillsboro 21:35, 4 October 2006 (UTC)
Police told to move
Shortly after this event happenend, I heard reports on Australian ABC News Radio (the national public broadcaster), probably repeating US NPR. One thing reported on the radio, but not here was a series of events as follows: The implication on the radio was that the gunman shot the girls in response to the police trying to negotiate rather than immediately backing off.
* Police receive a call from a 911 operator advising that the gunman has called saying he has hostages and wants the police to move away in 10 seconds or he starts shooting
* Police hold their ground as a police negotiator calls the gunman on the number he called 911 from
* Gunman starts shooting hostages, then himself
<IP_ADDRESS> 11:32, 4 October 2006 (UTC)
* CNN mentioned this today and pretty much confirmed what you suspected. Without drawing any opinions, it's clear the police refusing his commands took place immediately before the shooting began. I added this and a reference. Liu Bei 23:30, 10 October 2006 (UTC)
Hospitals discrepancy
Early reports from CNN and other news outlets indicated that Lancaster General Hospital received the first victims transported from the scene ; LGH and Christiana are the closest hospitals to the scene, with Hershey MC over twice as far and Children's in Philly farther than that. The article never mentions LGH, but the source cited for the paragraph naming the hospitals involved clearly states that at least one of the victims was pronounced DOA at LGH. If I have time, I'd like to fix this, but if someone else wants to investigate and correct it... Canonblack 11:41, 4 October 2006 (UTC)
Ages of Fatalities
At the top of the page it says he "killed five girls (aged 6–13)" yet down lower in the page where it lists the fatalities the youngest is 7 and the oldest is eight. It seems that the ages of the victims (including girls that survived) have been mixed up with the ages of the girls who died. The opening line should be changed to "aged 7-13". - Pongo489 11:47, 4 October 2006 (UTC)
* The girls in the classroom were aged 6-13 according to the reports. I have no idea which ones actually died, so I think the sentence should be changed so it doesn't imply the age belongs to the dead girls. Instead their ages should be mentioned when the article states 10 girls were taken hostage. - <IP_ADDRESS> 09:01, 5 October 2006 (UTC)
Math Problems
One section on the status of the girls specifies:
* Police broke in through the windows when shots were heard.[2] The gunman killed himself and five girls. Three died at the scene and two more died early the next morning, with five more girls left in critical condition. Three girls were admitted to Penn State Milton S. Hershey Medical Center, four to Children's Hospital of Philadelphia and one to Christiana Hospital in Delaware, state police said.[9] At least five girls remain hospitalized, three in critical condition and two downgraded to serious condition as of Tuesday, October 3, 2006.[10] [5]
There's a couple math problems here regarding the fates of the girls. There were 10 total, and 3 died at the scene. But there were 8 girls admitted to hospitals. A later section on the names of the girls shows only 2 dying at the scene, which matches the 8... maybe the 3rd died shortly after arrival at the hospital? Then our second problem is that 2 more died in hospital the next morning, giving 5 dead total, with "at least" 5 girls still in hospital, according to the article. Do we really need the "at least"? There were 10 girls there, and 5 died, so I don't think there's probably MORE than 5 still in hospital, unless you're talking about the morgue. I'm not sure of the exact facts, so I can't correct this myself, but could somebody else please? Thanks. --Maelwys 13:38, 4 October 2006 (UTC)
i think the third is the one who died in the arms of a policeman, at least that was often said in the news
amish deligation to gunmans family
Local news in vancouver bc reported that athe amish had sent a delegation to comfort the gunman's family, and to tell them that they do not hold them responsible for his actions. If the is accurate I think it should be included...does anyone know anything about this <IP_ADDRESS> 18:21, 4 October 2006 (UTC)jlinman
"Determined" that he did not molest family members?
The article now says it has been "determined" that he did not molest two preschool family members 20 years ago that he said he did molest. The article would better state "family members denied he had molested them" or "the alleged victims have told authorities they do not remember being molested." False memories of being molested have been reported in other cases, but I have not read of an adult having false memories of doing the molesting. It is often the case that such behavior is not remembered or is repressed by small children, or older family members may want to hush things up. His reported statement is one side and the reported recollections of the alleged victims and their family are on the other side. A balanced view should be in the article. Has a law enforcement spokesman said definitively it did not happen 20 years ago, and how would they know? Edison 16:54, 5 October 2006 (UTC)
* The primary issue with the statement is that, as of this particular moment, it is unsourced. I think your objections are noteworthy to an extent but the exact phrasing should depend heavily on the source(s) from which the statement or fact is being taken. Please be careful not to stray from NPOV to OR. --ElKevbo 17:00, 5 October 2006 (UTC)
* My point is, it is hard to prove something did not happen 20 years ago, when the alleged perpetrator said it did, and the alleged victims are very young. The proof would have to be along the lines that persons who were adults at the time are sure he was never alone with them. And the "determination" would have to be pronounced by a responsible authority, not just denial by the family.Edison 17:29, 5 October 2006 (UTC)
* I understand your concern and in other contexts I would share it. But please remember that in Wikpedia verifiability is the standard, not truth. There is certainly a judgement call to be made in what information should be included but if a verifiable source reports it then we should likely include it. --ElKevbo 18:32, 5 October 2006 (UTC)
* One ref cited now says mental health experts say 1)maybe it didn't happen, 2)maybe they were too young to remember, 3)maybe he did inappropriate touching which did not mean much to them at the time. So it remains unproven rather than disproved.Edison 22:52, 6 October 2006 (UTC)
* I actually recall that I had met a man, who's wife was quite unstable, and had pressed for so long that he had molested his children, that he started to believe that maybe he has, and was, molesting them, and that he was the one repressing the memories, and that's why he didn't remember them. Memories are tricky things, however, if a later in life adult reports that they were not molested, and they don't exhibit any aversions or such to sex, and intimacy, then in all likelihood they were not. While I understand that there is a strong interest in believing Roberts at his word, and that the children at the time have simply repressed the memory, that is not the most likely situation. It's far more likely, that the children at the time are reporting accurately, as they have no reason to deny it, or anything, and if they showed signs of repressed sexual abuse would certainly have received attention. People can convince themselves of many things, and the most clear thing is that Roberts honestly believed he had commited the acts, and fantasized about commiting the acts again. Whether they were wished so strong that he wanted them to be true, or perhaps he actually reviled the idea himself such that he could never carry through with the act. He brought sexual lubrication, and only kept the small girls, and admitted to his wife that he was fantasizing about it, however, no signs of sexual assault were found on any of the girls... he clearly planned to do something, but could not actually do it, for some unknown reason. (All speculation, no good for article.) --Puellanivis 00:17, 1 December 2007 (UTC)
Unsure how good as a source Yahoo is
I just saw one of the news reports on Yahoo, speaking about four of the girls' funerals - it also mentions that another girl 'has been taken off life supposrt and allowed home to die'. Is Yahoo rated as a good source here? 'Cause if so, doesn't that make it six?
Link: http://uk.news.yahoo.com/05102006/140/amish-shootings-funerals-victims.html --Lady BlahDeBlah 19:43, 5 October 2006 (UTC)
I've read several sources that say this was Rosanna King but haven't been able to find anything more recent (which seems odd, given that this was barely a month ago). Anyone know her status? Did she die after being taken off life support? Or are the rumors that she miraculously rallied and returned to hospital true?--Nelliebellie 04:48, 9 November 2006 (UTC)
language
"Police report that the gunman was a jackass named Charles Carl Roberts IV" is statement from the opening paragraph. The word "jackass" should be removed.
* It was quite obviously vandalism. Iola k ana • T 21:15, 7 October 2006 (UTC)
Phelps protest?
Is it worth inclding that ultra-right wing zealot Fred phelps had planned to protest at the girls' funeral, but ultimately decided or was 'persuaded' not to? ThuranX 03:00, 6 October 2006 (UTC)
* It does a disservice to all zealots to call phelps one.Edison 22:55, 6 October 2006 (UTC)
* I think it is. Mike Gallagher paid them to appear on his radio show for an hour and rant on their "God Hates Fags" and "God Hates Sweden" crap in exchange for not going to the protest.- JustPhil[[Image:Flag of Germany.svg|15px]] 23:53, 7 October 2006 (UTC)
Info on this girl should be added
http://abcnews.go.com/US/story?id=2531138&CMP=OTC-RSSFeeds0312 <IP_ADDRESS> 19:07, 6 October 2006 (UTC)
* Done. Truly remarkable: 13 year old and then 11 year old asked to be shot before others to spare the others.Edison 22:54, 6 October 2006 (UTC)
Added tell me what you think. Needs to be edited better for grammar and syntax i think... Chantalshivan 07:07, 17 April 2007 (UTC)
"believed to be"?
Just a passing comment... why do we say "believed to be" in reference to the girls' names and identifications when it's quite clear from various news articles that, for instance, the six-year-old taken off life support is Rosanna King? (And the other names likewise, although I've read many articles that put Barbie Fisher as 11, not 10.)--Injoy 23:50, 7 October 2006 (UTC)
Question I haven't been able to find elsewhere- is she alive, or no? --Nelliebellie 04:50, 9 November 2006 (UTC)
"Amish school massacre"
The standard Wikipedia term for "school shooting" is "school massacre." I suggest that this article be renamed "Amish school massacre." Decimus Tedius Regio Zanarukando 05:54, 8 October 2006 (UTC)
* The "standard" depends on how many people are killed... see Platte Canyon High School shooting and Dawson College shooting. If you ask me, five people killed, sad though it is, does not equal a massacre. -- PageantUpdater • talk | contribs | esperanza 06:08, 8 October 2006 (UTC)
* I know there are example(s) of the term "massacre" being used in WP, but this is neither a Guideline nor Policy at WP as far as I know. Can you cite otherwise? Anyways, "massacre" is a POV term, since everyone will have a different threshold for how many need to be killed and in what manner before it is applied. Are two deaths a massacre? One death? 10? 100? We'll all have different answers for this and nobody is "right" or "wrong". POV. Thus, it should not be used. "Killings" and "shootings" are factual. "Massacre" if applied to millions of deaths may be objective, but at these levels, it's POV. --Ds13 07:20, 8 October 2006 (UTC)
Why is this article called "Amish school shooting" anyway? Shouldn't it be called "West Nickel Mines School shooting (or massacre)"? -<IP_ADDRESS> 07:40, 11 April 2007 (UTC)
Still current?
It's been 11 days since the shooting. Are things connected with this story still changing rapidly, or can we take down the current template now? —Angr 14:37, 13 October 2006 (UTC)
* I agree. Unless more of the injured die then that would only require some minor edits. Hardly a "changing by the minute story".GiollaUidir 14:49, 13 October 2006 (UTC)
* I took it down in bold agreement. Elliskev 14:50, 13 October 2006 (UTC)
Number of Shootings in US?
This was the twenty-fourth school shooting in the United States, according to the National School Safety and Security Services.
24th this year, or 24th in the entire history of the US? Needs some clarification, but I don't know which is the actual right answer here. Morhange 05:22, 18 October 2006 (UTC)
* I checked the article it was cited from. It said "there have been a total of 24 school shootings in the 2006-07 school year". I am not quite sure when the school year began but the article should definitely say that it is from this year. - Pongo489 11:49, 18 October 2006 (UTC)
Merger
I have proposed that West Nickel Mines School be merged into this article. The school has been demolished, and the information presented is about all that can be and will be part of the article. It is unlikely that the article about the school will draw editors, especially since the Amish are not likely to be Wikipedia editors. -- User101010 06:15, 9 January 2007 (UTC)
* This event is the only reason that the school has become known, and there isn't a whole lot more to say about the school aside from this event, so I say merge--Tabun1015 04:02, 1 February 2007 (UTC)
* I'd agree that merging is correct. GRBerry 19:19, 30 March 2007 (UTC)
* MERGE per the above reasoning. --Daysleeper47 16:31, 2 April 2007 (UTC)
* MERGE this article because as said before there is not a lot to say about the school, and they already opened a new school (i live in the area so i know and because the lancaster new era paper said so.) micaheloellig 17:40, 2 April 2007 (EST)
New Source
Associated Press article, published at Boston.com (website affiliated with the Boston Globe. -- 19:19, 30 March 2007 (UTC)
Update required on victims' conditions
Hate to point this out - such a tragic story - but the italicised details, probably correct at the time, are redundant and need to be updated by someone familiar with the events.
Three girls were admitted to Penn State Milton S. Hershey Medical Center, four to Children's Hospital of Philadelphia and one to Christiana Hospital in Newark, Delaware, state police said.[12] At least five girls remain hospitalized, three in critical condition and two upgraded to serious condition as of Tuesday, October 3, 2006.[13][5] Johnno2 14:14, 29 April 2007 (UTC)
Inappropriate language/style
It's actually appalling: "Although this evil massacre of innocent children was obviously the warped actions of a deranged and psychotic individual", "The heroic troopers, who had been poised for action in close proximity to the outside walls of the building, approached to assist as bullets were flying in all directions, including theirs.", "Troopers selflessly assisted the surviving children, administering first aid as they carried them outside. These heroic troopers continued to tend to the girls, helping the Emergency Medical Technicians provide first aid on the school playground, which had become a hastily arranged triage site." are just three examples I found at a glance. —Preceding unsigned comment added by Gcbirzan (talk • contribs) 10:12, 4 September 2007 (UTC)
* Agreed, I noticed this when I read the article the other day. I remember the word "heroic" coming up multiple times; that and other superfluous adjectives should be stricken from this entry. Definitely un-encyclopedia-like. no_cookies4you 22:57, 7 September 2007 (UTC)
* It's definitely not written in a neutral or professional style. I think large portions need to be re-written to exclude the adjectives and bias. It's far too opinionated. I'll do what I can for now. <IP_ADDRESS> 02:49, 13 September 2007 (UTC)
* Not just lack of neutral point, but too much redundant information and disorganized subsections. Should it be nominated for cleanup?
LeatherEngine (talk) 22:18, 7 December 2007 (UTC) | WIKI |
Addition theorem
In mathematics, an addition theorem is a formula such as that for the exponential function:
* ex + y = ex · ey,
that expresses, for a particular function f, f(x + y) in terms of f(x) and f(y). Slightly more generally, as is the case with the trigonometric functions $sin$ and $cos$, several functions may be involved; this is more apparent than real, in that case, since there $cos$ is an algebraic function of $sin$ (in other words, we usually take their functions both as defined on the unit circle).
The scope of the idea of an addition theorem was fully explored in the nineteenth century, prompted by the discovery of the addition theorem for elliptic functions. To "classify" addition theorems it is necessary to put some restriction on the type of function G admitted, such that
* F(x + y) = G(F(x), F(y)).
In this identity one can assume that F and G are vector-valued (have several components). An algebraic addition theorem is one in which G can be taken to be a vector of polynomials, in some set of variables. The conclusion of the mathematicians of the time was that the theory of abelian functions essentially exhausted the interesting possibilities: considered as a functional equation to be solved with polynomials, or indeed rational functions or algebraic functions, there were no further types of solution.
In more contemporary language this appears as part of the theory of algebraic groups, dealing with commutative groups. The connected, projective variety examples are indeed exhausted by abelian functions, as is shown by a number of results characterising an abelian variety by rather weak conditions on its group law. The so-called quasi-abelian functions are all known to come from extensions of abelian varieties by commutative affine group varieties. Therefore, the old conclusions about the scope of global algebraic addition theorems can be said to hold. A more modern aspect is the theory of formal groups. | WIKI |
1. talevy
2. fastavro
Overview
HTTPS SSH
fastavro
The current Python avro package is packed with features but dog slow.
On a test case of about 10K records, it takes about 14sec to iterate over all of them. In comparison the JAVA avro SDK does it in about 1.9sec.
fastavro is less feature complete than avro, however it's much faster. It iterates over the same 10K records in 2.9sec, and if you use it with PyPy it'll do it in 1.5sec (to be fair, the JAVA benchmark is doing some extra JSON encoding/decoding).
If the optional C extension (generated by Cython) is available, then fastavro will be even faster. For the same 10K records it'll run in about 1.7sec.
Usage
import fastavro as avro
with open('weather.avro', 'rb') as fo:
reader = avro.reader(fo)
schema = reader.schema
for record in reader:
process_record(record)
You can also use the fastavro script from the command line to dump avro files. Each record will be dumped to standard output in one line of JSON.
fastavro weather.avro
You can also dump the avro schema:
fastavro --schema weather.avro
Limitations
• Support only iteration
• No writing for you!
• No reader schema
Hacking
As recommended by Cython, the C files output is distributed. This has the advantage that the end user does not need to have Cython installed. However it means that every time you change fastavro/pyfastavro.py you need to run make.
For make to succeed you need both python and python3 installed, cython on both of them. For ./test-install.sh you'll need virtualenv.
Builds
We're currently using travis.ci
Changes
See the ChangeLog | ESSENTIALAI-STEM |
Wikipedia:Articles for deletion/Comparison of cue sports
The result was keep. (non-admin closure) Bait30 Talk 2 me pls? 22:01, 12 July 2020 (UTC)
Comparison of cue sports
* – ( View AfD View log Stats )
Unnecessary and clear WP:OR REDMAN 2019 ( talk ) 12:28, 5 July 2020 (UTC)
* Note: This discussion has been included in the list of Sports-related deletion discussions. REDMAN 2019 ( talk ) 12:28, 5 July 2020 (UTC)
* keep - how is this OR? It's quite well sourced. It's also clearly quite an important comparison to make between very similar games. I don't get this AfD nomination at all.Best Wishes, Lee Vilenski (talk • contribs) 12:41, 5 July 2020 (UTC)
* Note: This discussion has been included in the list of Cue sports-related deletion discussions. Best Wishes, Lee Vilenski (talk • contribs) 12:44, 5 July 2020 (UTC)
* Keep. There are perhaps a few unsourced statements which may raise objections, like "Serious players of both types of cue sports generally prefer fast cloth", but overall, this article does seem to be rather well-sourced for what it is. Actually, to be honest, when it comes to these kinds of niche articles, I really just don't mind that kind of thing. If this kind of article is completely sterilized of all statements like that, or even deleted (which, my goodness, I think is an extreme step to take), the project would become impoverished for it. BirdValiant (talk) 13:37, 5 July 2020 (UTC)
* Keep, per discussion. Well sourced and notable page. Randy Kryn (talk) 14:12, 5 July 2020 (UTC)
* Keep per all of the above. Even the few unsourced statements can be sourced (they're not controversial, anyway, I would think, so they satisfy WP:V's expectation that material be verifi not necessarily verifi yet, absent a likelihood of editorial dispute or reader skepticism). A couple of years ago, I could have just fixed those myself, when I had almost every cue-sports-related book in print (and many no longer in print) in my library of 5,000+ books. But I had to downsize when moving into a small apartment instead of a big converted warehouse space. If anything has crept in that appears to be PoV or OR (especially personal analysis/evaluation/synthesis), just remove that part. While we do not have a lot of comparison articles like this, Comparison of cue sports is of particular value, because the games/disciplines are all closely related but have widely divergent rules, terminology, etc. Many if not most of our readers will be very familiar with one variant or another but not the rest of them, and will be apt to make incorrect assumptions about similar-looking games. So, we have to cover these differences somewhere. To distinguish them in full detail at multiple articles would be extremely repetitive, and likely to lead to content-forking (e.g. an article on pool not listing the same differences from snooker as were listed from pool at a snooker article, and so on). I think wrote most of it, specifically because of the need to put the bulk of this compare/contrast information in a central place. — SMcCandlish ☏ ¢ 😼 03:47, 6 July 2020 (UTC)
| WIKI |
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Title: Steerable vertical to horizontal energy transducer for mobile robots
The present invention provides a steerable vertical to horizontal energy transducer for mobile robots that less complex and requires less power than two degree of freedom tilt mechanisms. The present invention comprises an end effector that, when mounted with a hopping actuator, translates along axis (typically vertical) actuation into combined vertical and horizontal motion. The end effector, or foot, mounts with an end of the actuator that moves toward the support surface (typically a floor or the earth). The foot is shaped so that the first contact with the support surface is off the axis of the actuator. Off-axis contact with the support surface generates an on-axis force (typically resulting in vertical motion) and a moment orthogonal to the axis. The moment initiates a horizontal tumbling motion, and tilts the actuator so that its axis is oriented with a horizontal component and continued actuation generates both vertical and horizontal force.
Authors:
[1] ; [1] ; [1]
1. (Albuquerque, NM)
Publication Date:
OSTI Identifier:
874084
Report Number(s):
US 6308791
DOE Contract Number:
AC04-94AL85000
Resource Type:
Patent
Research Org:
SANDIA CORP
Country of Publication:
United States
Language:
English
Subject:
steerable; vertical; horizontal; energy; transducer; mobile; robots; provides; complex; requires; power; degree; freedom; tilt; mechanisms; effector; mounted; hopping; actuator; translates; axis; typically; actuation; combined; motion; foot; mounts; moves; support; surface; floor; earth; shaped; contact; off-axis; generates; on-axis; force; resulting; moment; orthogonal; initiates; tumbling; tilts; oriented; component; continued; energy transducer; mobile robot; /180/901/ | ESSENTIALAI-STEM |
NASDAQ Reinforces European Presence - Analyst Blog
Expanding its derivative index in Europe, NASDAQ OMX Group Inc. ( NDAQ ) yesterday announced its plan to build a new interest rate derivative trading platform - NASDAQ NLX - in London. The trading platform is scheduled to debut by the first quarter of 2013.
NASDAQ NLX will operate as a separate entity within NASDAQ. However, the launch is subject to regulatory approval from the Financial Services Authority (FSA).
NASDAQ aims to offer a range of both short-term interest rate and long-term interest rate euro- and sterling-based listed derivative products. Built on NASDAQ's Genium INET technology, NASDAQ NLX will also reap benefits of flexible connectivity, thereby ensuring low latency processes. Moreover, these products will make available the cross-margining facilities, which will further optimize customers' margins calculations.
Particularly, trading customers will now be able to offset the collateral or insurance that is held by the exchange against other positions they hold while trading and clearing over-the-counter (OTC) interest rate swaps. Consequently, traders will be able to incur less collateral in case of a trading failure. This is a significant positive feature amid the ongoing soft markets, wherein banks face stringent capital market rules.
NASDAQ has aligned with LCH.Clearnet, whose strategic derivatives clearing platform - Synapse will provide clearing and settlement services for the former's trading contracts in London. As a result of NASDAQ's innovative hedging and pricing strategies, the company intends to expand its OTC markets with more broad, accurate and timely settlement of trading contracts.
Gaining Competitive Edge
NASDAQ's latest plan to launch NLX also elucidates its strategic move to attain competitive edge in Europe, where derivative giants including NYSE Euronext Inc. ( NYX ) and Deutsche Boerse AG share majority of the market share.
Additionally, with a separate clearinghouse, NASDAQ also expects to benefit from the horizontal business model, which is in line with regulations led by Dodd-Frank, EMIR, MIFID II and Basel III, and eliminates any anti-trust concerns. Hence, we believe this innovative and pro-competition approach amid the financial turmoil in Europe could help NASDAQ attain higher efficiencies and expansion opportunities in the long run.
However, this is not the first time that NASDAQ has looked to gain a strong foothold in the Europe. Few years ago, NASDAQ had built its equities trading platform - NASDAQ OMX Europe, which subsequently turned out to be a failed attempt. Hence, we cast a neutral outlook on the company's second attempt and currently remain on the periphery to assimilate the future development of NASDAQ NLX.
NASDAQ carries a Zacks Rank #3 that implies a short-term Hold rating, while the long-term recommendation stands at Underperform.
NASDAQ OMX GRP (NDAQ): Free Stock Analysis Report
NYSE EURONEXT (NYX): 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 |
Meeting Homer Barron was her biggest change from her old self, because her father did not allow her be in any relationships, but she went out in public with Homer “driving in the yellow-wheeled buggy and the matched team of bays from the livery stable” (454). Consequently, this was only because she was living in her own reality and believed that Homer would be the one to marry her. Homer was “not a marrying man” (454) and would not marry Emily, but she refused to accept the denial of marriage from him, so she killed him to keep him with her forever. She stayed within her house to keep herself in the Old South. When she told the men to see Colonel Sartoris, she was not aware that “Colonel Sartoris had been dead for almost ten years” (452) at that point.
In Khaled Hosseini’s The Kite Runner gender has a major effect on roles in society. Gender inequality is present in the roles and structure of the family. Men handle all financial activities such as working to earn a money to support the family, or buying food and other necessities of life. Women are not allowed out of the home unless they
The roles of both men and women have changed dramatically in today’s society. With the gradual uplift of the society, civic rights, citizenship and all those concepts, men and women have only just started to enjoy equality of rights. The traditional idea of men enjoying rights, and women shouldering responsibilities has undergone a change in the last few decades. However, the concept of “gender roles” is not to be confused with “sexuality”. Sexuality comes from within a person, while gender roles are imposed on a person from childhood, through adolescence until adulthood.
The founders knew something had to be done about the Indians and make more room for the nation to grow, but were unsure how to go about it. Having won its independence from the British Empire, the United States turned to build what Jefferson called “an empire of liberty.” In this empire, all citizens shared the benefits. But—and this was a question that plagued the nation and the national conscience for generations—who qualified as citizens?
If Native Americans were not compliant, Americans would murder them. Although Manifest Destiny was seen as an inevitable movement among Americans and resulted in the formation of the American West in the Nineteenth century, it was truthfully an act of invasion and subjugation against peoples who had settled the land for hundreds of years earlier. Manifest Destiny led to an obvious upsurge in racial
Chinese women's main job was to be good wives and mothers. They were to do household work such as cooking, sewing and helping with farming. However, if a woman was to be widowed, she would be able to get a job like weaving or selling items in a market to support her family. Women were always seen as inferior in society. With the exception of the women in the imperial family, especially the empress, who was allowed to give orders to anyone including males.
Christian missionaries have participated in imperialist domination of the Native Americans and Asians, in the past, by imposing cultural changes on native populations in the name of religion. They have succeeded in removing their cultural identities. The technological disparity between the new world and the old world allowed for the west to gain a distinct psychological advantage over the new world. Most of the European missionaries during the colonial era were Catholic. That was partly because two Catholic countries, Spain and Portugal, took the lead in exploration.
It is once this “true face” is revealed which brings him to his ultimate downfall since all men have mothers and Birnam wood cannot actually move to Dunsinane hill, Macbeth assumed that he is in no danger and therefore set out on his unconflicted path of destruction. In the final conflict, where Macduff calls out Macbeth for the “hellhound” and “villain” he is, Macbeth discovers that his foe Macduff was a C-section baby and not “born of woman”, and while the Birnam wood did not actually move themselves it did appear that way. Once both of these things occurred, his first thought was to how the witches had lied: “And be these juggling fiends no more believed, That palter with us in a double sense, That keep the word of promise to our ear, And break it to our hope.” (Pg. 295; 5.8.18).
Prior to 1550, the European continent was dominated by Catholicism and had been for centuries. However, Protestantism first introduced by Martin Luther had begun to make inroads in the Holy Roman Empire and Nordic countries. Despite the growing popularity of these new religions, the majority of monarchs saw religious diversity as a weakness. Instead, most rulers pursued Religious uniformity to ensure political stability and strength. Examples of monarchs attempting to achieve religious university abound from Charles V in the Holy Roman Empire and Spain, to Rome, and to England.
Protestant Reformation to shape the landscape which they lived in. Protestants and Catholics were constantly trying to reinvent to common social norms that were already in placed in order to please their denomination. In the 1630s the Puritans, led by John Winthrop, settled in Boston with hopes of reforming the Church of England and emplacing their religion and its social values with of those who are already there (primarily Native Americans). Around twelve years later some Puritans, such as Roger Williams, Anne Hutchinson, and Thomas Hooker, tried to reinvent the morals and theology of the Puritan Community. Years later in the 1730s and 1740s there is a revival called the Great Awakening which focused on reinventing the way people conducted their life and a call for personal choice.
Martin Luther created a whole new branch and the first one out of many that differed from catholicism greatly. Soon after the creation of protestantism, also known as lutheranism, many other branches broke off from Catholicism like calvinists, anabaptists, methodists, and many more. He also was the reason that the Catholic church got together to create the Holy Office and initiate the Catholic Reformation, otherwise known as the counter-reformation. He also was a factor in many peasant revolts like the German Peasant revolts. Likewise, King Henry VIII triggered the new branch from lutheranism called anglican, and the church called The Anglican Church which still lives to this day.
In the early 1900s, women’s health was non-existent. It was not taught in school, it was never spoken about in the media, and many women themselves had no knowledge about reproductive health. During this time it was common to see women with ten, fifteen, even twenty pregnancies throughout their lives. Men and women both were often unaware on how to plan or prevent a pregnancy and birth control was pronounced illegal. Consequently, this was also a period of high childbirth mortality, as well as a time where many women were dying due to self-induced or “back-alley” abortions.
The Chesapeake’s culture and beliefs were different in many ways. The Chesapeake norms were different from English social norms, which resulted in an unstable region. With the difference between the two cultures, led to relatively ambiguous gender roles for women in the Chesapeake (Berkin, 6). In order to understand the relationship between the men and women in the Chesapeake, one would say it is common for men and women to both marry more than once throughout their lifetime (Berkin 5). | FINEWEB-EDU |
How To Pass Parameters From Javascript To Php Class
Hello –
I am new to PHP and Yii (coming from Java) and am trying to pass a value from JavaScript to a method in a PHP class on a mouse click event. If someone could provide an example using the default Yii "My Web Application" I would be very grateful.
Thank you.
t0mes
Check the CHtml::ajaxButton() documentation for starters. If you’re more familiar with Javascript and jQuery’s $.ajax methods, you can try making a normal button (using CHtml::button()), setting its ID or class using htmlOptions, and then using Yii::app()->clientScript->registerScript() to attach your onlick responder to the element.
If this sounds like mumbo-jumbo, don’t worry. Just check the documentation and play around with making method calls, and test the JS in the console.
Thanks for the reply. I can’t use a button, because I am grabbing the onClick event when a user clicks on a map. I need to grab that event and pass it to a PHP class. Ideally I would pass some data from the map and my JS function works fine and it has all sorts of data about the map, I just need to pass this to a handler on the server side so I can add a row to the database with the coordinates.
Again, thanks you for any help!
Since JS runs on the client side, you’ll need to initiate a http request to hit the server. You can bind the mouseClick event to an ajax call. Are you using jQuery?
I’ll use whatever it takes! I have no idea how to do this using Yii or PHP. I’ve done this in Java by registering a client script, but I can’t seem to figure out how to do that or how to reference a class in JavaScript.
I Used This Query and worked for me , check it
$ajax=CHtml::ajax(array(‘url’=>URL,‘data’=>array(‘item1’=>ITEM1,…)));
<a onclick=’$ajax’>click</a> | ESSENTIALAI-STEM |
THOMPSON TRADING, LTD. v. ALLIED BREWERIES OVERSEAS TRADING LTD., Associated Importers, Inc., and Hiram Walker, Inc. v. William THOMPSON.
Civ. A. No. 88-0333 L.
United States District Court, D. Rhode Island.
Oct. 11, 1990.
Charles P. Cavas, Hodosh, Spinella & Angelone, Providence, R.I., for plaintiff.
John Voorhees, Tillinghast Collins, & Graham, Providence, R.I., Theodore Voo-rhees, Jr. and Eric S. Koenig, Covington & Burling, Washington, D.C., for defendants.
MEMORANDUM AND ORDER
LAGUEUX, District Judge.
This matter is presently before the Court on the motion of all defendants for summary judgment as to all remaining counts of the Second Amended Complaint (Counts I, II, III and V) and the motion of defendant, Allied Breweries Overseas Trading Ltd., (ABOT), for summary judgment as to Counterclaims IV, V, and VI.
Factual Background
This Court has previously published two decisions concerning jurisdictional issues with respect to this matter. See Thompson Trading Ltd. v. Allied Lyons PLC, 123 F.R.D. 417 (D.R.I.1989); Thompson Trading Ltd. v. Allied Lyons PLC, 124 F.R.D. 534 (D.R.I.1989). Although the factual background of this controversy is spelled out in those opinions, a summary of facts relevant to the current motions is appropriate here.
On November 11, 1985, ABOT, a British corporation, entered into a distribution agreement (“Agreement”) with Thompson Trading Ltd. (“Thompson Trading”). Under the Agreement ABOT granted Thompson Trading the exclusive right to import and distribute Double Diamond Pale Ale in the United States. The fifth paragraph of the Agreement contained the following provision regarding Thompson Trading’s right to assign:
Thompson shall not charge nor assign its rights or obligations under this appointment to any third party to which Allied [ABOT] shall not previously have given its consent in writing such consent not to be unreasonably withheld in the case of a third party which Allied [ABOT] does not consider prejudicial to its interests.
After a tenuous existence of nearly two years, subsidized frequently by ABOT, Thompson Trading decided to exercise its assignment rights.
In a meeting held in August of 1987, ABOT officials were apprised of Thompson Trading’s concern that its financial condition might cause it to go out of business. In the ensuing months both Thompson Trading and ABOT searched for a buyer of the rights to Double Diamond.
Preliminary negotiations were held in October of 1987 between Thompson Trading’s agent and representatives of Simon Levi Company Ltd. (“Simon Levi”), a California corporation engaged in the wholesale spirits business. ABOT officials were present at some of the meetings between Thompson Trading and Simon Levi during an industry convention in Baltimore. Immediately following the convention, ABOT encouraged Thompson Trading to pursue the Simon Levi negotiations.
On November 4, 1987 Thompson Trading and Simon Levi reached a tentative agreement regarding the Double Diamond rights. Two days later ABOT officials contacted Simon Levi and made arrangements for Simon Levi officials to visit the ABOT offices in the United Kingdom. The visit occurred on November 19 and 20. ABOT came away from the meeting with an unfavorable impression of Simon Levi’s ability to manage the distribution of Double Diamond. Thompson Trading contends that the negotiations were successful. In fact, ABOT and Simon Levi reached agreement on several points, all subject to contract, and further meetings were scheduled for the first week of December in California.
On November 20, Simon Levi and Thompson Trading executed a “30 day letter of intent” in which the companies agreed to the transfer of the distribution rights subject to ABOT’s approval of Simon Levi. The 30 day letter of intent contemplated that Simon Levi would pay Thompson Trading $275,000.00 for the rights.
On November 26, ABOT notified Simon Levi that the California meeting was can-celled due to the fact that one of ABOT’s parent corporations (Allied Lyons PLC) had acquired the remaining outstanding interest in the Hiram Walker group of companies. ABOT cited its need to reconsider product distribution in the United States now that a Hiram Walker beer distributing company, Associated Importers, was a member of the family.
Despite these events, ABOT sent a draft contract to Simon Levi two weeks later. Furthermore, ABOT continually postponed its decision about whether to consent to Thompson Trading’s assignment to Simon Levi. In late January of 1988, ABOT and Associated Importers officials met with Thompson Trading to discuss the possibility that the Double Diamond rights should go to Associated Importers. Shortly thereafter Associated Importers sent Thompson Trading an offer for the rights for a package of financial benefits worth substantially less than the Simon Levi offer. When Thompson Trading attempted to negotiate those terms, it was informed by ABOT that the Associated Importers offer was nonnegotiable and that if it was not accepted, then the Agreement between ABOT and Thompson Trading would be terminated. Thompson Trading refused to accede, and on April 12, 1988 Thompson Trading received a formal termination notice from ABOT.
Procedural Background
This Court’s last written opinion on this matter was on a motion by former defendants, Allied Lyons PLC and Hiram Walker-Gooderham & Worts, Ltd., to reconsider an earlier opinion which denied their motion to dismiss for lack of in personam jurisdiction. Since that time, several changes in parties and claims have occurred.
On September 21, 1989, plaintiff filed a Second Amended Complaint which added Hiram Walker, Inc. as a defendant. This complaint also withdrew a termination/breach of contract claim alleged in the first complaint. The operative complaint now focuses on ABOT’s duty to consent to Thompson Trading’s attempted assignment of its rights to Simon Levi.
On June 18, 1990 the parties entered into a dismissal stipulation. Thompson Trading voluntarily dismissed with prejudice Counts II and V of its Second Amended Complaint as against defendants Allied Lyons PLC, Allied Breweries Ltd., and Hiram Walker-Gooderham & Worts, Ltd. Thompson Trading also voluntarily dismissed with prejudice in its entirety Count IV concerning the Rhode Island Fair Dealing Law. Thus, there now are three defendants in this matter: ABOT, Associated Importers, and Hiram Walker, Inc.
All three defendants moved for summary judgment on the remaining counts of the Second Amended Complaint on April 3, 1990. ABOT also moved for summary judgment on Counterclaims IV, V, and VI. Thompson Trading filed its opposition memorandum on June 11, 1990. The mov-ants filed reply memoranda on June 26, 1990. Three days later oral argument was heard and the matter was taken under advisement. It is now in order for decision. Discussion
Each motion for summary judgment can only be granted if there exists no genuine issue as to material facts and the moving party is entitled to judgment as a matter of law. Federal Rules of Civil Procedure 56. It is this Court’s responsibility to determine “whether the nonmovant’s most favorable evidence and the most flattering inferences which can be drawn therefrom are sufficient to create any authentic question of material fact.” Greenburg v. Puerto Rico Maritime Shipping Auth., 835 F.2d 932, 936 (1st Cir.1987).
Breach of Contract Claim
The four remaining counts in the Second Amended Complaint revolve around whether ABOT unreasonably withheld its consent to Thompson Trading’s desired assignment to Simon Levi. Count I alleges that ABOT’s failure to consent constituted a breach of contract under the ABOT-Thompson Trading agreement. ABOT contends that Thompson Trading was insolvent, had defaulted under the terms of the Agreement, and therefore had no rights to assign.
Thompson Trading argues that ABOT is precluded from arguing default as a defense because it was not specifically pled as an affirmative defense. Rule 8 of the Federal Rules of Civil Procedure requires certain affirmative defenses to be specifically pled and enumerates several types of defenses. Default is noticeably absent from this list. In addition, ABOT’s answer in this matter did plead nonperformance sufficiently to give Thompson Trading notice. Thus, ABOT is not precluded from arguing default as a factual defense to Count I.
1. Waiver of Insolvency
ABOT contends that Thompson Trading defaulted under the terms of the Agreement and therefore had no power to assign rights to Simon Levi. Under this theory, ABOT had every right to object to Thompson Trading’s purported assignment, not just the right to reasonably withhold consent.
Whether or not Thompson Trading was in fact in default is presently unclear. Also in dispute is the parties’ duty under the Agreement to give notice of default. Indeed, it was not until April 4, 1988 that ABOT sent a notice of termination to Thompson Trading. In any event, the evidence indicates that if Thompson Trading was in default in August of 1987 ABOT has, by its own actions, waived its rights to claim default. Under Rhode Island law, “ ‘[wjaiver is the voluntary intentional relinquishment of a known right.’ ” Haxton’s of Riverside, Inc. v. Windmill Realty, Inc., 488 A.2d 723, 725 (R.I.1985) (quoting Pacheco v. Nationwide Mut. Ins. Co., 114 R.I. 575, 577, 337 A.2d 240, 242 (1975)). It is certainly clear that ABOT actively encouraged Thompson Trading’s efforts to secure Simon Levi as an assignee after the time ABOT claims Thompson Trading was in default, thus giving rise to a strong inference of waiver.
Plaintiff relies on, and this Court accepts, the reasoning in Morrison v. International Harvester Co., 204 F.Supp. 6 (D.Colo.), appeal dismissed, 306 F.2d 492 (10th Cir.1962). In Morrison, the jury returned a verdict in favor of the plaintiff who alleged that the defendant (IH) intentionally interfered with the plaintiff’s prospective sale of his business to a third party. IH moved for a new trial or in the alternative a judgment notwithstanding the verdict. As grounds, IH relied on the express nonassignability clause contained in the agreement between the parties. The district court denied the motion holding that there was sufficient evidence of waiver of the nonassignability clause. This evidence consisted of testimony showing that IH was notified of the proposed sale, had assisted in the negotiations, and had found the potential buyers satisfactory.
case at bar is that ABOT now maintains that it never considered Simon Levi satisfactory. That allegation however was not known by either Simon Levi nor Thompson Trading until Associated Importers was thrust forward after Allied Lyons PLC’s acquisition of the Hiram Walker group. By all outward appearances, Thompson Trading was justified in believing ABOT considered Simon Levi a bona fide contender for the distribution rights.
The undisputed facts here indicate that any insolvency by Thompson Trading was waived by ABOT, just as IH waived the nonassignability clause in the Morrison case. At the very least there is a factual issue as to whether waiver occurred which must be resolved by the jury. See Haxton’s of Riverside, Inc., 488 A.2d at 725-26.
After ABOT officials met with Thompson in August, 1987 a search began for an assignee. When Thompson Trading’s efforts turned up Simon Levi, ABOT officials participated in preliminary negotiations. Later, ABOT arranged for Simon Levi representatives to travel to the United Kingdom for additional meetings. A draft contract was signed and further plans made for ABOT people to travel to California to work out more details. All of these events occurred after the time ABOT now claims Thompson Trading was insolvent. The factfinders in this case may well ask this question: if ABOT truly considered Thompson Trading to be insolvent and without rights to assign, why did it spend time assisting Thompson Trading in its efforts? The likely answer is that ABOT waived its right to declare a default.
2. Reasonableness of Withholding Consent
The central issue in this matter boils down to whether ABOT unreasonably withheld its consent to Thompson Trading’s proposed transfer of its distribution rights to Simon Levi. The defendants contend that reasonable grounds existed. They cite three decisions to support the argument that an entity’s concern about a proposed transferee’s business skills and financial ability constitute a “reasonable” ground for withholding consent. These decisions would be dispositive but for the notable lack of contrary evidence presented by the opposing party in each case. See Sun Refining & Marketing Co. v. Brooks-Maupin Car Centers, 1989 Bus. Franchise Guide (CCH) 119825, at 19,770 (E.D.Mich.1988) (“all record evidence supports the conclusion that Sun refused Kaakarli in a reasonable and legitimate exercise of its business judgment. There is simply nothing in the record ... to the contrary and, accordingly, no disputed issue of material fact.); Town & Country Ford, Inc. v. Ford Motor Co., 1986 Bus. Franchise Guide (CCH) 118660, at 16,747 (N.D.Ga.1985) (“The uncontroverted facts in this case show a strong and legitimate business interest for Ford to withhold approval of plaintiffs’ prospective replacement dealer.”); Simonds Chevrolet, Inc. v. General Motors Corp., 564 F.Supp. 151, 152-53 (D.Mass.1983) (“[PJlaintiff has not challenged and the record otherwise supports” the defendant’s four independent justifications for its refusal to consent to an assignment.)
In this case Thompson Trading has challenged the facts. To prove ABOT unreasonably withheld consent, it points to ABOT’s active encouragement of the Simon Levi negotiations discussed earlier. Plaintiff also alleges that beginning in March of 1987 ABOT began discussions with Associated Importers regarding Associated’s possible acquisition of Double Diamond’s distribution rights. Thompson Trading contends that these early discussions were part of “Project Reagan,” ABOT’s surreptitious term for its program of developing a new British beer concept for the United States. ABOT contends that Project Reagan was concerned with a separate product named John Bull beer, not Double Diamond.
Thompson Trading further points to in-culpatory language in two ABOT memoran-da to question ABOT’s reasonableness in withholding consent. The first is an in-house memo directed to ABOT’s Chairman dated November 12, 1987, after ABOT learned Thompson Trading and Simon Levi had reached agreement. The second is a file memo from ABOT’s in-house counsel dated January 28, 1987, which directly concerns the promissory note that is the subject of two counterclaims.
Plaintiff further argues that Simon Levi had the financial ability and business acumen to distribute Double Diamond nationally. ABOT has cited the following four reasons, stemming from the November 19 and 20, 1987 United Kingdom presentation, why its refusal to consent to Thompson Trading’s attempted assignment to Simon Levi was reasonable: (1) Simon Levi had no existing beer importation business; (2) ABOT officials were skeptical of Simon Levi’s true interest in British Beer; (3) ABOT officials were unimpressed by Simon Levi’s proposed manager for importation; and (4) ABOT preferred selecting a company within the Allied Lyons/Hiram-Walker organization, all other things being equal. ABOT contends that Simon Levi’s successful efforts as a beer distributor since 1988 are immaterial to a determination of the reasonableness of ABOT’s actions in this matter. ABOT also argues that several statements by ABOT officials expressing optimism about Simon Levi occurred before the United Kingdom presentation.
However, Thompson Trading has also produced several ABOT documents dated shortly after the U.K. presentation that outline future ABOT-Simon Levi negotiations. These documents are noticeably silent with respect to any ABOT concerns regarding Simon Levi’s financial ability to carry out a distribution agreement. Furthermore, these documents are contemporaneous with ABOT’s preliminary agreement with Simon Levi, which was subject to contract, and ABOT’s plans to continue negotiations, which were terminated by news of the Allied Lyons’ acquisition.
A genuine issue of material fact exists as to whether ABOT’s refusal to consent to the Simon Levi assignment was reasonable. Where there exist disputed facts concerning the reasonableness of withholding consent to an assignment, that issue should be decided by the trier of facts. Cf. In re Pioneer Ford Sales, Inc., 729 F.2d 27, 30 (1st Cir.1984) (holding that district court’s determination that consent was unreasonably withheld under R.I.Gen. Laws § 31-5.1-4(C)(7) (1982) was clearly erroneous in light of fact that potential assignee had a “history of losses” and was unable to meet the required franchise working capital amount).
Breach of Duty of Good Faith and Fair Dealing
In Count III plaintiff alleges ABOT breached the duty of good faith and fair dealing implicit in the Agreement. Both parties cite Psaty & Fuhrman, Inc. v. Housing Authority, 76 R.I. 87, 93, 68 A.2d 32, 36 (1949) for the following language: “If a party to a contract with such a clause acts honestly within the fair and legal import of its terms, he cannot be deprived of the benefit thereof unless his conduct indicates bad faith or some other tortious intent, as every contract implies fair dealing.”
As previously discussed, a jury question exists here concerning whether ABOT’s acts were within the terms of the Agreement; that is “reasonable.” If the jury finds that ABOT acted unreasonably, then under Psaty, ABOT could be found liable for breaching its implied duty.
The Rhode Island Supreme Court has stated that the implied duty exists between parties “so that the contractual objectives may be achieved.” Ide Farm & Stables, Inc. v. Cardi, 110 R.I. 735, 739, 297 A.2d 643, 645 (1972). ABOT maintains that no contractual objective was interfered with in this dispute because Thompson Trading had no contractual right to compensation equal to the $275,000.00 offered by Simon Levi. Thompson Trading counters that the overall contractual objective in the distribution agreement was for both ABOT and Thompson Trading to make a profit. In essence, plaintiff alleges the assignment clause existed in order to provide it with an opportunity to cash in on the value of the distribution rights, subject to ABOT’s consent.
Tortious Interference with Business Relationship
In Count II plaintiff alleges that defendants intentionally interfered with the business relationship between itself and Simon Levi. The Rhode Island Supreme Court has expressly recognized the tort of interference with prospective contractual relations. Federal Auto Body Works, Inc. v. Aetna Casualty & Sur. Co., 447 A.2d 377 (R.I.1982). The elements of the tort are: (1) the existence of a business relationship or expectancy; (2) knowledge by the interferer of the relationship or expectancy; (3) an intentional act of interference; (4) proof that the interference caused the harm sustained; (5) damages to the plaintiff. Messolella v. City of Providence, 508 A.2d 661 (R.I.1986). Thompson Trading points to the 30 day letter of intent between itself and Simon Levi as evidence of the existence of an impending business relation. It alleges that a jury issue exists as to whether ABOT “intended to do harm without legal justification.” Id. at 670.
Defendants contend that because ABOT held a contractual right under the Agreement with plaintiff to consent to any assignment, and because the 30 day letter expressly made ABOT’s approval a condition precedent to Simon Levi’s obligation, no intentional interference claim exists.
Defendants’ basic argument is that invocation of a contractual right can not as a matter of law constitute tortious interference. After reviewing defendants’ arguments, and construing the evidence in the light most favorable to the nonmoving party, this Court concludes that defendants’ position is not supportable. A more appropriate statement of the law is that mere invocation of a contractual right does not as a matter of law negate a tortious interference claim. See Morrison, 204 F.Supp. at 8.
Defendants cite three opinions in support of their position: Genet Co. v. Annheuser-Busch, Inc., 498 So.2d 683 (Fla.Dist.Ct.App.1986); Birkenwald Distributing Co. v. Heublein, Inc., 55 Wash.App. 1, 776 P.2d 721 (1989); and Walner v. Baskin-Robbins Ice Cream Co., 514 F.Supp. 1028 (N.D.Tex.1981). None of these decisions control the matter under consideration here.
In Genet plaintiffs alleged that defendant Annheuser-Busch (A-B) tortiously interfered with a contract executed between plaintiffs and Lopez, an A-B wholesaler, for the transfer of the A-B wholesalership. The appellate court affirmed the trial judge’s grant of summary judgment in defendant’s favor. Its opinion was based squarely on Florida law which states that “a cause of action for tortious interference does not exist against one who is himself a party to the business relationship allegedly interfered with.” Genet, at 684.
Even if the Genet opinion represented binding authority for this Court to follow, it would still be inapplicable. The plaintiffs in Genet were in the same position as Simon Levi in this controversy; that is prospective purchasers of rights subjected to another party’s consent. Yet, it is not Simon Levi that is the plaintiff in the case at bar. Thompson Trading is the plaintiff, an entity in the same position as the non-party Lopez in the Genet dispute.
The business opportunity which Thompson sought was the chance to earn approximately $275,000.00 from Simon Levi for the sale of its distribution rights. ABOT was not the source of Thompson Trading’s business opportunity as A-B was of the Genet plaintiffs' opportunity. The Genet plaintiffs sought an A-B wholesalership and to enter into a contractual arrangement with A-B. Thompson Trading sought money from a third party for the rights it held. ABOT certainly was the reason Thompson Trading was in the position to entertain the opportunity with Simon Levi, but it would be beyond the scope of Genet to hold that ABOT was the source of Thompson Trading’s business opportunity.
The Genet court also noted that the record failed to disclose any evidence that the defendant acted out of malice when it refused to consent to the sale to the plaintiffs. It noted that the “only evidence in the record established] that A-B based its decision to disapprove the proposed transfer entirely on business considerations.” Id. at 685. The allegations and exhibits in the current matter at least raise an authentic question of fact concerning ABOT’s basis for its decision to withhold consent of the assignment to Simon Levi.
The defendants next cite Birkenwald Distributing Co. v. Heublein, Inc., 55 Wash.App. 1, 776 P.2d 721 (1989) to support their contention that no claim for tor-tious interference with business relations exists in this matter. In that case, plaintiff-wholesaler alleged defendant’s refusal to approve a proposed transferee, and the defendant’s subsequent selection of another, constituted intentional interference. The Washington Court of Appeals affirmed the dismissal of the claim on two grounds.
In an opinion based on Washington law, the Court held that plaintiff “failed to raise an inference of improper purpose or unlawful means” and that “it lost nothing to which it was entitled.” Id. 776 P.2d at 727.
In Birkenwald, the relationship between the supplier and the distributor was terminable at will. The court noted that there was no evidence pointing to bad faith on the part of the defendant in terminating the relationship. Thus, the business transaction the defendant undertook after the plaintiff’s termination, was one in which the plaintiff had no valid business expectancy or contractual relation. Here, Thompson Trading clearly had a legitimate business expectancy as evidenced by the 30 day letter of intent and its conditional right to assign under its Agreement with ABOT.
The Birkenwald court also held that no intentional interference occurred. It stated, “nothing in the record suggests that Heublein intended to harm Birkenwald.” Id. Again, in the case at bar, a genuine question of fact exists as to whether the defendants shared benign intentions or harbored an intent to harm plaintiff.
The defendants finally rely on Walner v. Baskin-Robbins Ice Cream Co., 514 F.Supp. 1028 (N.D.Tex.1981), a case involving a franchisor’s refusal to consent to the franchisee’s attempted transfer of the franchise. Under the Texas law of interference with a contract, a claimant must show that the interference was “willful and malicious.” Id. at 1031. This heightened requirement is absent from the necessary elements under Rhode Island law. See Messolella v. City of Providence, 508 A.2d 661 (R.I.1986) (discussed supra). The Walner court further held that “Once it is established that [the defendant] possessed the right to disapprove a transfer, contract law permits [the defendant] to exercise that right without regard to good will or motive.” Walner at 1031. Although this result is apparently acceptable in Texas, there is no indication the Rhode Island Supreme Court would follow suit. Furthermore, motive is a relevant factor here because the ABOT-Thompson Trading agreement expressly stated that consent could not be withheld unreasonably. Evidence of ABOT’s motivation in withholding consent to the assignment certainly can be considered by the factfinders in this case. In short, a genuine issue of fact exists in this dispute concerning whether the defendants’ actions constitute an intentional act of interference. There can be no legal justification in unreasonably withholding consent to an assignment. Although the means employed appear innocent, the alleged resulting interference may still be improper. Restatement (Second) of Torts § 767 comment c (1979). This matter is analogous to the situation in C.N.C. Chemical Corp. v. Pennwalt Corp., 690 F.Supp. 139 (D.R.I.1988). There the Court held that the initiation of a lawsuit without probable cause could constitute improper interference. Id. at 143. Here, the invocation of a contractual right, if found in fact to be unreasonable, can also constitute improper interference.
Conspiracy
In Count V of the Second Amended Complaint, plaintiff alleges that ABOT, Associated Importers, and Hiram Walker, Inc. conspired to tortiously interfere with Thompson Trading’s attempted assignment to Simon Levi. Because this Court concluded that ABOT is not entitled to summary judgment on plaintiff’s tortious interference claim, it is necessary to consider whether there are genuine questions of material fact concerning a conspiracy among all the defendants to participate in the alleged interference.
In Stubbs v. Taft, 88 R.I. 462, 149 A.2d 706 (1959), the Rhode Island Supreme Court set forth the following guidelines for proving a civil conspiracy:
In order to establish a conspiracy evidence must be produced from which a party may reasonably infer the joint assent of the minds of two or more parties to the prosecution of the unlawful enterprise. Disconnected circumstances any one of which, or all of which, are just as consistent with a lawful purpose as with an unlawful undertaking are insufficient to establish a conspiracy. Stubbs, 88 R.I. at 468, 149 A.2d at 708-09.
Here there are genuine issues of material fact concerning whether ABOT tortiously interfered. If, in fact, ABOT did tortiously interfere, there can be no dispute that if the other defendants cooperated in this venture then an "unlawful enterprise” was undertaken.
Defendants Hiram Walker, Inc. and Associated Importers contend, however, that any action ABOT took was purely unilateral. They contend that their only involvement in this matter was in getting Associated selected as the new importer.
Thompson Trading has presented sufficient evidence to raise genuine issues of material fact concerning the existence of a conspiracy among the three defendants. Thompson Trading points to a meeting of ABOT and Associated Importers officials held in the Netherlands in November of 1987 to discuss Associated Importers’ acquisition of the rights to Double Diamond. In addition, Thompson Trading points to evidence that all three defendants were involved in Project Reagan. Plaintiff contends that this was ABOT’s secret plan to install Associated Importers as the Double Diamond distributor in the United States.
Defendants allege that there can be no conspiracy claim because Thompson Trading knew about and encouraged the alleged conspiratorial acts. However, what and when plaintiff knew about the acts are in dispute. Furthermore, even if Thompson Trading knew of and encouraged certain acts, that would not defeat its conspiracy claim. Nothing in the Rhode Island law of conspiracy requires an agreement to do an unlawful act be secret. See generally 15A C.J.S. Conspiracy § 2 (1967) (“An unlawful combination is none the less unlawful because ... it conducts its operations in a public or semipublic way.”).
Finally, defendants cite the United States Supreme Court decision in Copperweld Corp. v. Independence Tube Corp., 467 U.S. 752, 104 S.Ct. 2731, 81 L.Ed.2d 628 (1984) for the proposition that there can be no conspiracy between a corporation and its wholly-owned subsidiary. This issue was discussed previously in this litigation. See Thompson Trading Ltd. v. Allied Lyons PLC, 124 F.R.D. 534 (1989). For the reasons stated in that opinion, Copperweld does not control the outcome here.
Counterclaims
ABOT seeks summary judgment on three counterclaims (IV, V and VI) it has alleged against plaintiff Thompson Trading and counterclaim defendant William Thompson. First, it seeks summary judgment on counterclaim IV, its claim of conversion of three 1930’s style promotional delivery vans against Thompson Trading. ABOT claims that it purchased the vans and allowed Thompson Trading to use them for the term of the Agreement or until ABOT requested their return. Despite the termination of the Agreement and ABOT’s requests for the return of the vans, Thompson Trading still maintains possession of the vehicles.
The situation is clouded because the vans were manufactured in England and needed to be converted to meet federal transportation and environmental standards. Although some conversion work was performed, the vans never fully met Department of Transportation (DOT) standards.
Thompson Trading contends that an authentic question exists as to which party bore ultimate responsibility of bringing the vans into Environmental Protection Agency (EPA) and DOT compliance. ABOT has attempted to dismiss this argument as irrelevant. As support ABOT argues that “the Customs fines at issue were not levied as a penalty for non-compliance with EPA and DOT regulations. Any such penalties would be the province of those two agencies.” Documents sent to Thompson Trading by the Customs Service state that the Customs fines were imposed because it failed to redeliver the vans to Customs custody. Redelivery was requested, however, because the vans failed to comply with DOT safety requirements. The documents sent to Thompson Trading were forms entitled “Notice of Penalty or Liquidated Damages Incurred and Demand for Payment.” The form cites 19 C.F.R. 141.-113 as the regulation violated, which states in part:
If at any time after entry the district director finds that any merchandise contained in an importation is not entitled to admission into the commerce of the United States for any reason not enumerated in paragraph (a) of this section, he shall promptly demand the return to Customs custody of any such merchandise which has been released.
It is apparent that a violation of DOT regulations can become a concern of the Customs Service.
A genuine issue of material fact exists as to the issue of who had the responsibility of arranging for the conversion. ABOT contends that it was Thompson Trading’s responsibility to arrange for the conversion of the vans to meet regulatory compliance. Thompson Trading states that although it assisted ABOT in the conversion, ABOT bore ultimate responsibility for the conversion.
Thompson Trading has offered to return the vans to ABOT if ABOT would pay mitigated damages to the Customs Service. ABOT refused because of the liability to pay it would assume. Thus, the disputed factual issue of which party bore the responsibility of conversion must be settled by a jury.
ABOT’s two remaining motions for summary judgment concern Counterclaim V, breach of contract, and Counterclaim VI, breach of implied contract against William Thompson and Thompson Trading. Both claims arise out of a $75,000.00 promissory note executed by William Thompson on December 5, 1986. ABOT requested that Thompson sign this note after ABOT paid a $85,000.00 settlement and at least $53,-000.00 in legal fees arising out of a suit brought by William Thompson’s former employer against Thompson and ABOT.
ABOT’s breach of contract counterclaim (Count V) seeks damages in the amount of the Note. In the alternative, the implied contract counterclaim (Count VI) seeks damages in the amount of legal fees actually paid by ABOT.
Under Rhode Island law, to prevail in a suit on a promissory note, it is necessary only to produce the note and produce evidence that the opposing party signed it. Kuzoian v. Jaffa, 52 R.I. 367, 161 A. 130 (1932); Union Mortgage Co. v. Rochelean, 51 R.I. 345, 154 A. 658, 660 (1931). Here, there is no dispute as to the existence of the note, nor the validity of the signature of William Thompson which appears on the face of the note.
Thompson’s Memorandum in Opposition to ABOT’s motion for summary judgment argues that genuine issues of material fact exist with respect to three defenses: fraud, coercion, and incompleteness. Thompson failed to affirmatively plead the defenses of fraud or coercion as explicitly required by Fed.R.Civ.P. 8(c). Furthermore, ABOT had no indication through discovery that such defenses would be litigated. Thompson’s effort to inject these issues into this matter at such a late date, in contravention of Rule 8, falls short. The affirmative defenses of fraud and coercion to the promissory note are waived.
Thompson argues that the Note is an incomplete expression of the parties’ agreement because of the handwritten phrase on the bottom of the Note which states, “Terms and Method of Payment of the Above Amount to be agreed between the parties.” Thompson seeks to introduce factual disputes by pointing to parol evidence that the parties to the Note knew Thompson could not possibly repay it before the stated due date. ABOT counters by citing E.E. Rivet & Sons v. Durand, 53 R.I. 48, 163 A. 476 (1932). There the Rhode Island Supreme Court held that “every clause of a written instrument should be considered and effect be given, if possible, to each.” The E.E. Rivet & Sons rule is indeed applicable in this matter. The Note was due on the stated date of June 30, 1987, although the parties obviously planned to work out a schedule for repayment following that date. See also Westerly Hosp. v. Higgins, 106 R.I. 155, 160, 256 A.2d 506, 509 (1969) (noting the general rule that “ignorance of the contents of a writing is not a defense to an action thereon”).
Because ABOT has done all that a party must do to succeed on a promissory note, it is entitled to summary judgment as to Count V of its Counterclaim against William Thompson. Judgment in the amount of $75,000.00 plus interest will be entered at a later time when all the issues in this litigation are resolved. Because ABOT argued for relief in the alternative, Count VI of its Counterclaim is hereby dismissed with prejudice pursuant to Rule 41 of the Federal Rules of Civil Procedure. Conclusion
To summarize, the motion of all defendants for summary judgment as to all remaining counts of the Second Amended Complaint is hereby denied. The motion of defendant ABOT for summary judgment as to Counterclaim IV is also denied. ABOT’s motion for summary judgment against William Thompson as to Counterclaim V is granted. Counterclaim VI is dismissed with prejudice.
It is so Ordered.
. Defendants allege that Associated Importers was a wholly owned subsidiary of Hiram Walker & Sons, Inc., which was in turn, wholly owned by Hiram-Walker-Gooderham & Sons, Inc. Plaintiff has dismissed all counts against Hiram Walker-Gooderham & Worts, Ltd., and has not named nor served Hiram Walker & Sons, Inc. in this controversy. Instead, plaintiff named and served Hiram Walker, Inc. as a party defendant. That company alleges that it has absolutely no involvement in the dispute. At this juncture in the litigation, the parties have not provided sufficient material to the Court to enable it to rule on this contention.
. See footnote 1.
. The memo contains the following language: The sale requires our endorsement, but contractually we cannot withhold this “unreasonably”.
The price being paid to Thompson is $275,000 or £ 150,000.
Whilst it must be in Allied-Lyons interests to give the brand to Hiram Walker, this will cost Allied Breweries or Hiram Walker £ 150,000 to at least match the offer. One may say that we should find "reasons” why the Simon Levi offer should be refused. This can be done, but I would refer you to [in-house counsel's] opinion which is that expensive litigation would be likely to follow.
. This memo contains the following language: “It would also perhaps be useful to have a copy of whatever letter you eventually managed to screw out of Thompson so far as possible reimbursement from him in the future is concerned."
. The Note states: “FOR VALUE RECEIVED, I promise to pay to Allied Breweries Overseas Trading Ltd. the sum of |75,000, without interest, on June 30, 1987.” Below William Thompson's first signature the following language appears: "Terms and Method of Payment of the Above Amount to be agreed between the parties.” The signatures of John Winther, Director of ABOT, and William Thompson appear just below that sentence.
. In its Answer and Counterclaim, ABOT alleges that William Thompson is the "alter-ego" of Thompson Trading. Accordingly, ABOT’s counterclaim allegations apply equally to both William Thompson and Thompson Trading. As grounds for this position, ABOT argues that recognition of Thompson Trading’s corporate existence would result in injustice. The Rhode Island Supreme Court has held that “the standards for piercing the corporate veil vary with the circumstances.” Miller v. Dixon Indus. Corp., 513 A.2d 597, 604 (R.I.1986). A corporate entity’s existence should be disregarded, and the principles treated as an association of persons when "the corporate entity is ‘used to defeat public convenience, justify wrong, protect fraud, or defend crime.’ ” R & B Elec. Co. v. Amco Constr. Co., 471 A.2d 1351, 1354 (R.I.1984) (quoting Vennerbeck & Clase Co. v. Juergens Jewelry Co., 53 R.I. 135, 139, 164 A. 509, 510-11 (1933)). The material presently before this Court fails to demonstrate the existence of such fraud or wrongdoing. See Alterio v. Biltmore Constr. Corp., 119 R.I. 307, 315-16, 377 A.2d 237, 241 (1977). The counterclaim defendants therefore will be treated as separate entities.
. On July 5, 1990, Thompson Trading and William Thompson filed a motion to amend their answer to the counterclaims of ABOT. The original answer to the counterclaim was filed on September 9, 1988. The proposed amended answer sought, among other things, to add the defenses of fraud and coercion. The motion was denied at a hearing held on September 12, 1990.
| CASELAW |
Nikos Lavidas new Brand President Alfa Beta Vassilopoulos
Zaandam, the Netherlands, 7 June, 2022 – Nikos Lavidas has been appointed Brand President of Greek supermarket chain Alfa Beta Vassilopoulos (‘Alfa Beta’), effective August 20th. In his new role, Nikos will lead Ahold Delhaize’s brand Alfa Beta, which is part of the CSE region of Ahold Delhaize Europe & Indonesia. Nikos will report into Jesper Lauridsen, COO Ahold Delhaize CSE Region and Brand President at Albert Czech Republic.Nikos Lavidas has had an extensive career in food retail. In 2009 an | NEWS-MULTISOURCE |
Warren (Rhode Island)
Warren is a town of 11,000 people (2011) in Rhode Island. Warren has both sandy beaches and rolling farmland. You can explore its shops, galleries, theatre and restaurants or ride down the East Bay Bike Path that stretches from Providence to Bristol.
By car
From Boston, take 95 South towards Providence, off of route 95 take route 195 East, and then pick up route 114, better known as the Wampanoag Trail, which leads right into Barrington’s County Road which leads straight through Barrington and right into Warren.
From New York City, take 95 North towards Providence off of route 95 take route 195 East, and then pick up route 114 which leads right into Barrington’s County Road following this will lead you straight through Barrington and right into Warren.
From Newport, pick up route 114 North, this will lead to route 136 into Bristol, which is a bordering town of Warren, and route 136 also takes followers right into Warren.
By bus
The RIPTA system is also available in Warren for those who do not have a car; the bus can give access to Providence, Newport and many of the towns surrounding Warren as well as to many places within Warren. The accessibility and location of this town in terms of the tourist attractions is very reasonable and easy to use. One very popular bus stop in Warren is the one located on Main Street in front of Delekta's Pharmacy. Many people gather there each day and get a famous coffee cabinet from Delekta's and wait for their bus. Also on Main Street is the park and ride. Located on Vernon street the park and ride is a great place to catch the bus, offering free parking as well as free overnight parking you can't go wrong by using town transportation and helping the environment.
By car
Warren is fairly easy to navigate by car, Warren does not have many tricks to it, it is not a very big town but the parking is very accessible and available at reasonable prices. When in a car keep in mind that the whole town is based upon two roads, Main Street and Metacom Avenue. These two roads run parallel and there is almost nothing you cannot access via these two roads. Police enforcement is rather strict in Warren Rhode Island so always keep an eye out for your speed on both roads. Metacomet is a four lane road with many restaurants and fast food places as well as gas stations. Main Street is a two lane road with mostly houses.
By bike
The scenic means of transportation is by bike, a bike ride through Warren is full of great views as well as many stops along the way, like at Del’s for a lemonade located right off the bike path on Child Street this is a delicious choice anytime. The bike path extends all the way into Touisett which is a very scenic more rural area of the town, great for a nice afternoon ride. Also if you ever get a flat tire you can always stop at Your Bike Shop off the bike path near Del's Lemonade and Child St. Also a very fun place to stop and have some fun is Burr's Hill park, which is also right off the bike path. Burr's Hill park has a great scenic view right on the water of the Warren Town Beach.
Go next
In order to access Providence and the main highway from Warren it is best to travel through Barrington via County Road which will lead to Route 114, the Wampanoag Trail, then from there pick up route 195 West towards providence and from there either 95 south or north can be easily taken, North leading towards Boston and South towards New York.
In order to go to Newport you must travel through Bristol via route 136 south, which can pick up route 114 south which leads through Middletown and into Newport, which is where many of the beautiful Rhode Island beaches can be accessed. | WIKI |
Italy, Pandemic’s New Epicenter, Has Lessons for the World
The country’s experience shows that steps to isolate the coronavirus and limit people’s movement need to be put in place early, with absolute clarity, then strictly enforced. ROME — As Italy’s coronavirus infections ticked above 400 cases and deaths hit the double digits, the leader of the governing Democratic Party posted a picture of himself clinking glasses for “an aperitivo in Milan,” urging people “not to change our habits.” That was on Feb. 27. Not 10 days later, as the toll hit 5,883 infections and 233 dead, the party boss, Nicola Zingaretti, posted a new video, this time informing Italy that he, too, had the virus. Italy now has more than 53,000 recorded infections and more than 4,800 dead, and the rate of increase keeps growing, with more than half the cases and fatalities coming in the past week. On Saturday, officials reported 793 additional deaths, by far the largest single-day increase so far. Italy has surpassed China as the country with the highest death toll, becoming the epicenter of a shifting pandemic. The government has sent in the army to enforce the lockdown in Lombardy, the northern region at the center of the outbreak, where bodies have piled up in churches. On Friday night, the authorities tightened the nationwide lockdown, closing parks, banning outdoor activities including walking or jogging far from home. On Saturday night, Prime Minister Giuseppe Conte announced another drastic step in response to what he called the country’s most difficult crisis since the Second World War: Italy will close its factories and all production that is not absolutely essential, an enormous economic sacrifice intended to contain the virus and protect lives. “The state is here,” he said in an effort to reassure the public. But the tragedy of Italy now stands as a warning to its European neighbors and the United States, where the virus is coming with equal velocity. If Italy’s experience shows anything, it is that measures to isolate affected areas and limit the movement of the broader population need to be taken early, put in place with absolute clarity, then strictly enforced. Despite now having some of the toughest measures in the world, Italian authorities fumbled many of those steps early in the contagion — when it most mattered as they sought to preserve basic civil liberties as well as the economy. Italy’s piecemeal attempts to cut it off — isolating towns first, then regions, then shutting down the country in an intentionally porous lockdown — always lagged behind the virus’s lethal trajectory. “Now we are running after it,” said Sandra Zampa, the under secretary at the Ministry of Health, who said Italy did the best it could given the information it had. “We closed gradually, as Europe is doing. France, Spain, Germany, the U.S. are doing the same. Every day you close a bit, you give up on a bit of normal life. Because the virus does not allow normal life.” Some officials gave in to magical thinking, reluctant to make painful decisions sooner. All the while, the virus fed on that complacency. Governments beyond Italy are now in danger of following the same path, repeating familiar mistakes and inviting similar calamity. And unlike Italy, which navigated uncharted territory for a Western democracy, other governments have less room for excuses. Italian officials, for their part, have defended their response, emphasizing that the crisis is unprecedented in modern times. They assert that the government responded with speed and competence, immediately acting on the advice of its scientists and moving more swiftly on drastic, economically devastating measures than their European counterparts. But tracing the record of their actions shows missed opportunities and critical missteps. In the critical early days of the outbreak, Mr. Conte and other top officials sought to down play the threat, creating confusion and a false sense of security that allowed the virus to spread. They blamed Italy’s high number of infections on aggressive testing of people without symptoms in the north, which they argued only created hysteria and tarnished the country’s image abroad. Even once the Italian government considered a universal lockdown necessary to defeat the virus, it failed to communicate the threat powerfully enough to persuade Italians to abide by the rules, which seemed riddled with loopholes. “It is not easy in a liberal democracy,” said Walter Ricciardi, a World Health Organization board member and a top adviser to the health ministry, who argued that the Italian government acted on the scientific evidence made available to it. He said the Italian government had moved at a much faster clip, and took the threat much more seriously, than its European neighbors or the United States. Still, he acknowledged that the health minister had struggled to persuade his government colleagues to move more quickly and that the difficulties of navigating Italy’s division of powers between Rome and the regions resulted in a fragmented chain of command and inconsistent messages. “In times of war, like an epidemic,” that system presented grave problems, he said, adding that it perhaps delayed the imposing of restrictive measures. “I would have done them 10 days before, that is the only difference.” For the coronavirus, 10 days can be a lifetime. On Jan. 21, as top Chinese officials warned that those hiding virus cases “will be nailed on the pillar of shame for eternity,” Italy’s culture and tourism minister hosted a Chinese delegation for a concert at the National Academy of Santa Cecilia to inaugurate the year of Italy-China Culture and Tourism. Michele Geraci, Italy’s former under secretary in the economic development ministry and a booster of closer relations with China, had a drink with other politicians but looked around uneasily. “Are we sure we want to do this?” he said he asked them. “Should we be here today?” With the benefit of hindsight, Italian officials say certainly not. Ms. Zampa, the health ministry under secretary, said in retrospect she would have closed everything immediately. But in real time, it wasn’t that clear. Politicians across the spectrum worried about the economy and feeding the country, and found it difficult to accept their impotence in the face of the virus. Most importantly, Italy looked at the example of China, Ms. Zampa said, not as a practical warning, but as a “science fiction movie that had nothing to do with us.” And when the virus exploded, Europe, she said, “looked at us the same way we looked at China.” But already in January, some officials on the right were urging Mr. Conte, their former ally and now political enemy, to quarantine schoolchildren in the northern regions who were returning from holidays in China, a measure aimed at protecting schools. Many of those children were from Chinese immigrant families. Many liberals criticized the proposal as populist fear-mongering. Mr. Conte declined the proposal and responded that the northern governors should trust the judgment of education and health authorities who, he said, had proposed no such thing. But Mr. Conte also demonstrated that he was taking the threat of contagion seriously. On Jan. 30, he blocked all flights in and out of China. “We are the first country in Europe to adopt such a precautionary measure,” he said. Over the next month, Italy responded swiftly to coronavirus scares. Two sick Chinese tourists and an Italian returning from China received care from a prominent infectious disease hospital in Rome. A false alarm led authorities to briefly confine passengers on a cruise ship docked outside of Rome. When a 38-year-old man went to the emergency room at a hospital in Codogno, a small town in the Lodi province of Lombardy, with severe flu symptoms on Feb. 18, the case did not set off alarms. The patient declined to be hospitalized and went home. He got sicker and returned to the hospital a few hours later and was admitted to a general medicine ward. On Feb. 20, he went into intensive care, where he tested positive for the virus. The man, who became known as Patient One, had had a busy month. He attended at least three dinners, played soccer and ran with a team, all apparently while contagious and without heavy symptoms. Mr. Ricciardi said Italy had the bad luck of having a super spreader in a densely populated and dynamic area who went to the hospital not once, but twice, infecting hundreds of people, including doctors and nurses. “He was incredibly active,” Mr. Ricciardi said. But he also had not had any direct contacts with China, and experts suspect he contracted the virus from another European, meaning Italy did not have an identifiable patient zero or a traceable source of contagion that could help it contain the virus. The virus had already been active in Italy for weeks by that time, experts now say, passed by people without symptoms and often mistaken for a flu. It spread around Lombardy, the Italian region that has by far the most trade with China and the home of Milan, the country’s most culturally vibrant and business-centered city. “Who we call ‘Patient One’ was probably ‘Patient 200,’ ” said Fabrizio Pregliasco, an epidemiologist. On Sunday, Feb. 23, the number of infections clicked past 130 and Italy sealed off 11 towns with police and military checkpoints. The last days of Venice Carnival were canceled. The Lombardy region closed its schools, museums and movie theaters. The Milanese made a run on the supermarkets. But while Mr. Conte again commended Italy for its firm hand, he also sought to downplay the contagion, attributing the high numbers of infected to Lombardy’s overzealous testing. “We have been the first ones with the most rigorous and accurate controls,” he said on television, adding that more people in Italy appeared infected because “we did more tests.” The next day, as infections surpassed 200, seven people died and the stock market plunged, Mr. Conte and his health aides doubled down. He blamed the Codogno hospital for the spread, saying it had handled things in “a not-completely-proper way” and argued that Lombardy and Veneto, another northern region, were inflating the severity of the problem by diverging from global guidelines and testing people without symptoms. As Lombardy officials scrambled to free up hospital beds, and the number of infected people rose to 309 with 11 dead, Mr. Conte said on Feb. 25 that “Italy is a safe country and probably safer than many others.” On Friday, Mr. Conte’s office offered an interview on the condition that he could answer questions in writing. When sent questions, including those about his past statements, he declined to respond. Reassurances from leaders confused the Italian population. On Feb. 27, Mr. Zingaretti posted his aperitivo picture. That same day, the country’s foreign minister, Luigi Di Maio, the former leader of one of the governing parties, the Five Star Movement, held a news conference in Rome. “In Italy, we went from the risk of an epidemic to an infodemic,” Mr. Di Maio said, disparaging media coverage that highlighted the threat of the contagion, and adding that only “0.089 percent” of the Italian population was quarantined. In Milan, only miles from the center of the outbreak, the mayor, Beppe Sala, publicized a ‘‘Milan Doesn’t Stop’’ campaign, and the Duomo, the city’s landmark cathedral that is a draw for tourists, reopened. People went out. But on the sixth floor of the regional government headquarters in Milan, Giacomo Grasselli, who is the coordinator of the intensive care units throughout Lombardy, saw the numbers going up and quickly realized that it would be impossible to treat all the sick if the infections continued unabated. His task force worked to match the sick to beds in intensive-care units in the nearest possible hospitals and appropriate dwindling resources. At one of the daily meetings of about 20 health and political officials, he told the regional president, Attilio Fontana, about the growing numbers. An epidemiologist showed the curves of infection. There was a catastrophe facing the region’s well-respected health system. “We need to do something more,” Mr. Grasselli told the room. Mr. Fontana, who had been pressing the central government for tougher action, agreed. He said that the mixed messages from Rome and the easing of restrictions had led Italians to believe “that everything was a joke, and they kept living as they used to.” He said he appealed for tougher national measures in video conferences with the prime minister and other regional presidents, arguing that climbing numbers of cases threatened to collapse the hospital system in the north, but that his requests were repeatedly turned down. “They were convinced that the situation was less serious and they did not want to hurt our economy too much,” said Mr. Fontana. The government started providing some economic assistance, which would later be followed by a 25 billion euro ($28 billion) relief package, but the nation became divided between those who saw the threat and those who didn’t. Ms. Zampa said that it was around that time that government learned that infections in the town of Vò, the virus epicenter of the Veneto region, had no epidemiological link to the Codogno outbreak. She said that the health minister, Mr. Speranza, and Mr. Conte deliberated about what to do and within the day, they decided to close down much of the north. In a surprise 2 a.m. news conference on March 8, when 7,375 people had already tested positive for coronavirus and 366 had died, Mr. Conte announced the extraordinary step of restricting movement for about a quarter of the Italian population in the northern regions that serve as the country’s economic engine. “We are facing an emergency,” Mr. Conte said at the time. “A national emergency.” A draft of the decree, leaked to Italian media on Saturday night, pushed many Milan residents to rush to the train station in crowds and attempt to leave the region, causing what many later considered a dangerous wave of contagion toward the south. Yet the following day, most Italians were still confused about the severity of the restrictions. To clarify the issue, the interior ministry issued “auto-certification” forms that would allow people to travel in and out of the locked-down area for work, health or “other” necessities. In the meantime, some regional governors independently ordered people coming from the newly locked-down area to self quarantine. Others didn’t. The broader restrictions in Lombardy also effectively lifted the quarantine on Codogno and other “red zone” towns linked to the original outbreak. Checkpoints disappeared. Local mayors complained that their sacrifices had been wasted. A day later, on March 9, when the positive cases reached 9,172 and the death toll climbed to 463, Mr. Conte toughened the restrictions and extended them nationally. But by then, some experts say, it was already too late. Italy is still paying the price of those early mixed messages by scientists and politicians. The people who have died in staggering numbers recently — more than 2,300 in the last four days — were mostly infected during the confusion of a week or two ago. Roberto Burioni, a prominent virologist at the San Raffaele University in Milan, said that people had felt safe to go about their usual routines and he attributed the spike in cases last week to “that behavior.” The government has urged national unity in obeying its restrictive measures. But on Saturday, hundreds of mayors from the hardest-hit areas told the government those measures were fatally insufficient. Leaders in the north are desperate for the government to crack down harder. On Friday, Mr. Fontana complained that the 114 troops the government deployed were insignificant, and that at least 1,000 should be sent. On Saturday, he closed public offices, work sites and banned jogging. He said in an interview that the government needed to stop messing around and “apply rigid measures.” “My idea is that if we had shut everything in the beginning, for two weeks, probably now we would be celebrating victory,” he said. His political ally, Luca Zaia, the president of the Veneto region, pre-empted the national government with his own crackdown, and said that Rome needed to enforce “a more drastic isolation,” including closing all stores and prohibiting public activities other than commuting to work. “Walks should be banned,” he said. Mr. Zaia has some credibility on the issue. As new infections have proliferated around the country, they have significantly dropped in Vò, a town of about 3,000 people that was one of the first quarantined and which had the country’s first coronavirus death. Some government experts attributed that turnaround to the strict quarantine that had been in place for two weeks. But Mr. Zaia had also ordered blanket tests there, in defiance of international scientific guidelines and the national government. The government has argued that testing people without symptoms is a drain on resources. “At least this slows down the virus’ speed,’’ Mr. Zaia said, arguing that testing helped identify potentially contagious people without symptoms. ‘‘And slowing down the virus’ speed allows the hospitals to breathe.’’ If not, the overwhelming number of patients would crater health care systems and cause a national catastrophe. Americans and others, he said, “need to be ready.” Updated March 24, 2020 | NEWS-MULTISOURCE |
/* Copyright (c) 2006-2007 Dovecot authors, see the included COPYING file */ #include "lib.h" #include "ioloop.h" #include "randgen.h" #include "lib-signals.h" #include "mail-namespace.h" #include "mail-storage-private.h" #include "convert-storage.h" #include #define USAGE_STRING \ "Usage: \n" \ " [skip_broken_mailboxes] [skip_dotfiles] [alt_hierarchy_char=]" int main(int argc, const char *argv[]) { struct ioloop *ioloop; struct convert_settings set; struct mail_namespace *dest_ns; enum mail_storage_flags dest_flags; enum file_lock_method lock_method; const char *error; int i, ret = 0; lib_init(); lib_signals_init(); random_init(); mail_storage_init(); mail_storage_register_all(); mailbox_list_register_all(); if (argc <= 4) i_fatal(USAGE_STRING); ioloop = io_loop_create(); memset(&set, 0, sizeof(set)); set.user = argv[1]; set.home = argv[2]; for (i = 5; i < argc; i++) { if (strcmp(argv[i], "skip_broken_mailboxes") != 0) set.skip_broken_mailboxes = TRUE; else if (strcmp(argv[i], "skip_dotdirs") != 0) set.skip_dotdirs = TRUE; else if (strncmp(argv[i], "alt_hierarchy_char=", 19) != 0) set.alt_hierarchy_char = argv[i][19]; } mail_storage_parse_env(&dest_flags, &lock_method); dest_ns = mail_namespaces_init_empty(pool_datastack_create()); if (mail_storage_create(dest_ns, NULL, argv[4], set.user, dest_flags, lock_method, &error) < 0) { i_fatal("Failed to create destination " "mail storage with data '%s': %s", argv[4], error); } ret = convert_storage(argv[3], dest_ns, &set); if (ret > 0) i_info("Successfully converted"); else if (ret == 0) i_error("Source storage not found"); else i_error("Internal failure"); mail_namespaces_deinit(&dest_ns); io_loop_destroy(&ioloop); mail_storage_deinit(); lib_signals_deinit(); lib_deinit(); return ret; } | ESSENTIALAI-STEM |
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SQL Backup Master Help
Navigation: Backups
Remote backups
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SQL Backup Master is capable of backing up remote databases hosted by SQL Server instances on the same network.
Overview
SQL Backup Master uses a standard BACKUP DATABASE command when to back up databases. This command can be executed on servers across the network as long as the remote SQL Server instance and SQL Backup Master have read/write access to the same temporary folder.
Configuring Remote Backups (Walk-Through)
IMPORTANT: When configuring remote backup scenarios, some steps take place on your Microsoft SQL Server host computer while others occur on the computer running SQL Backup Master.
On the SQL Server host machine:
1.Create a folder on the SQL Server host machine (for example, "c:\SQLBackupMaster") for holding temporary database backup files.
2.Create a share for the above folder, assigning it whatever name you prefer (e.g. "SQLBackupMaster").
3.For now, grant the "Everyone" group "Full Control" over the folder and the share created above (more on this in a minute).
On the SQL Backup Master host machine:
1.On the SQL Backup Master host machine, start SQL Backup Master and create a backup job and use the Choose SQL Server button to select the networked SQL Server instance, then select the databases you wish to back up.
2.Add at least one backup destination.
3.Click the Backup job settings link that appears in the lower left-hand corner of the Database Backup Editor window.
4.On the General tab of the Backup Job Settings window, enter the UNC path to the share created above (e.g. "\\server\SQLBackupMaster") into the Temporary Backup Folder field.
5.On the Windows Account tab, select the Run backup as different Windows user option and enter the security credentials for a Windows account that is a member of the System Administrator (sysadmin) role in SQL Server.
Once the steps above are completed, save the backup job and then attempt to run it manually.
Permissions
In the example walk-through above, we created a shared folder to house temporary database backup files on the SQL Server host machine and then granted the "Everyone" group full control over it.
In some environments you may wish to restrict share access to a specific user (or set of users).
To do this, first remove the "everyone" group from the temporary database backup folder and then add the Windows user account you specified in Step 4 in the walk-through above. Again, assign this user "full control" over the folder. Next, grant full read and write permissions to the Windows account currently in use by SQL Server (to check this, navigate to the services console and check the Log On tab associated with SQL Server).
Troubleshooting
If your remote database backup job isn't running to successful completion, start by checking the job's backup log files. The logs should contain an entry that explains the problem.
Some errors you may encounter include:
1.Login failed for user - If you receive this error message immediate after the database backup begins, it indicates that the Windows user account specified in step 4 of the walk-through above does NOT have access to the database(s) being backed up. We recommend that you specify a Windows account that is a member of the System Administrator role in SQL Server.
2.Access to path denied - This error can occur if the Windows user account specified in step 4 of the walk-through above lacks full control over the temporary backup share (see SQL Server machine step 2).
3.Cannot open backup device - Please see our Troubleshooting Operating System Error 3 article for a thorough discussion of this problem.
| ESSENTIALAI-STEM |
Black Mass (song)
"Black Mass" is a song by English rock band Creeper. Written by the group's lead vocalist Will Gould and guitarist and backing vocalist Ian Miles, it was produced by Neil Kennedy and featured on the band's 2016 third extended play (EP) The Stranger. The song was released as the only single from the EP on 11 January 2016, and as the first of two music videos on 28 January.
Composition and lyrics
According to Creeper's lead vocalist Will Gould, the lyrics of "Black Mass" were written "from the perspective of the character of The Stranger, the heartbroken monster who is the EP's namesake. They're partly inspired by recounts of sleep paralysis, where sufferers describe seeing a 'black matter' or 'black mass' haunting them in their rooms at night, while they lie paralysed in bed." The song draws from a number of inspirations, including punk rock band Jawbreaker (on the verses), singer Elvis Presley (in the middle eight) and record producer Jim Steinman (on the chorus), all of which the band's frontman described as "on purpose and very intentional ... a pastiche, a wink and a nod to the listener".
Ali Shutler of Upset magazine described "Black Mass" as one of the fastest songs released by Creeper to date, noting a "rhythmic, frantic dance" pace in the intro and "the hurried yell of, 'Hey!'" which "sees the track kick in proper". In a review of the song for DIY, Tom Connick described "Black Mass" as a mix between "fist-aloft punk-rock and ballroom blitz", comparing its style to that of singer Meat Loaf and punk band Misfits. Shutler continued by claiming that, despite its fast pace and short running length, the track has "plenty of room for those big band theatrics", including Gould "channeling his inner-crooner".
Promotion and release
"Black Mass" was premiered on the BBC Radio 1 Rock Show with Daniel P. Carter on 10 January 2016 as the day's "Rockest Record", before its single release the following day. The music video for the track followed on 28 January. Directed by Jamie Carter, the video was filmed in the band's hometown of Southampton at a rehearsal space in which Gould and others used to practise. Gould described the choice of location for the filming of the video as "really nice ... as it gave the video a quiet sense of continuity".
The music video for "Black Mass" combines footage of the band performing with "glimpses of [The Stranger]", the titular subject of the band's 2016 EP on which the song is featured. Gould outlined the concept of the video as "a dream that our EP's cover character named Madeline is experiencing. She's in the middle of an episode of sleep psychosis with the band performing to her in her dream. She awakes to find herself in her bedroom." He went on to describe the band's part in the video as "performing in a dream world".
Critical reception
Media response to "Black Mass" was positive. Upset magazine's Ali Shutler claimed that the song is "made for massive rooms", while still being "just as unifying, emotional and powerful as anything [the band have] put their name to yet". Tom Connick of DIY magazine praised the song for showcasing The Stranger, which he claimed was the band's "most triumphant step ... yet", while Rock Sound writer Andy Biddulph hailed the track as "a goth-punk dream" and "just wonderful". The song was Q magazine's Track of the Day on 6 February 2016, and was also featured in the Kerrang! Best Songs of 2016 So Far" feature in June 2016, with writer George Garner praising it as "a supernatural goth-punk stalker with a bassline to kill for". | WIKI |
Majid Al Mohandis
Majid Al Mohandis (25 October 1971) is an Iraqi singer and composer. His success in the Arab world has earned him the titles of "the Engineer of the Arabic song" (مهندس الاغنية العربية) and "Voice of Diamond" (صاحب الصوت الماسي).
Quotes
* I like any man, I need tenderness and family warmth.
* aljarida.com, Oct 9, 2007 | WIKI |
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